The California Supreme Court recently ruled that the state’s cities and counties can require developers to sell a percentage of the units they build at below-market rates as a condition of a building permit. Developers also could be given the option of paying into a low-cost housing fund.
Describing a shortage of affordable housing in the state as a crisis of “epic proportions,” the court ruled in favor of the City of San Jose in a challenge to an affordable housing ordinance passed five years ago. The law required developers building 20 or more housing units to offer 15% of them at below-market rates or pay into a city fund. Nearly 200 other cities and counties in the state have similar ordinances, according to the Los Angeles Times.
The state building industry sued the city to block it from enforcing the law. Developers contended it amounted to an unconstitutional taking of private property. According to the ruling, municipalities have “broad discretion to regulate the use of real property to serve the legitimate interests of the general public.”
The court’s decision is expected to encourage other cities to adopt similar programs now that legal uncertainty has been addressed. According to a recent legislative report, the average California home costs $440,000, about two and a half times the average national home price ($180,000).
Related Stories
Codes and Standards | Jun 11, 2015
Steel Framing Alliance updates ‘Thermal Design and Code Compliance for Cold-Formed Steel Walls’ design guide
Includes results of new tests and addresses IECC and ASHRAE compliance paths.
Codes and Standards | Jun 11, 2015
Helena, Mont., may charge commercial developers a fee to fund public art
The fee would apply to new construction or alteration of nonresidential buildings of at least 20,000 sf.
Codes and Standards | Jun 11, 2015
DBIA releases new document on choosing a project delivery method
Provides owners and others with factors to consider when choosing the best method of delivery for their project.
High-rise Construction | Jun 5, 2015
Japanese policymakers discuss mandate for toilets in elevators
This quirky-sounding building code is a safety measure for the earthquake-prone nation.
Codes and Standards | Jun 4, 2015
OSHA publishes guide to restroom access for transgender workers
The guide advises employers to allow employees to use restrooms that correspond to their gender identity.
Codes and Standards | Jun 4, 2015
Guide helps Building Teams maximize team integration
The guide includes forms to support a two- to four-hour workshop to help an owner select the most appropriate delivery strategy.
Codes and Standards | Jun 4, 2015
NIBS, RICS to explore P3 as tool to achieve high-performance buildings
The idea of applying the P3 concept more to buildings, and especially building performance, is a potentially promising new avenue in the U.S., according to the trade groups.
University Buildings | May 30, 2015
Texas senate approves $3 billion in bonds for university construction
For the first time in nearly a decade, Texas universities could soon have some state money for construction.
Multifamily Housing | May 30, 2015
Energy Department releases resources to assess building energy benchmarking policies, programs
The new handbook demonstrates methodologies using real data from New York City.
Codes and Standards | May 27, 2015
Construction industry concerns with ‘Waters of the U.S.’ rule remain
EPA and Corps of Engineers rule may lead to a longer, more expensive permitting process