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
| Sep 10, 2014
Nine out of 10 New York City building plans fail energy code test
Earlier this year, New York City's Department of Buildings began auditing thousands of architectural plans for new and renovated office and residential buildings.
| Sep 10, 2014
AIA, CSI, and NIBS publish updated national CAD standard, includes new BIM module
The NCS helps architects, constructors and operators coordinate efforts by classifying electronic design data consistently and making information retrieval easier, the industry groups say.
| Sep 10, 2014
Perry named new director of OSHA’s Standards and Guidance Directorate
Bill Perry has been named new director of the OSHA’s Directorate of Standards and Guidance, effective Aug. 24, 2014.
| Sep 10, 2014
ASHRAE proposes verification for energy standard
The ASHRAE/IES energy standard would have multiple compliance options to ensure verification of delivered building envelope performance under a new proposal.
| Sep 2, 2014
Micro-apartment concept can’t get traction in Boston suburb
Micro-apartments are gaining acceptance in nearby Boston and in places such as San Francisco and New York, but Weymouth, Mass., officials and neighbors were not receptive to a proposal for tiny dwellings this summer.
| Sep 2, 2014
Montreal borough leader urges city to issue green roof guidelines
The mayor of Montreal's Saint-Laurent borough wants Quebec's housing authority to speed up its plan to publish construction guidelines for green roofs.
| Sep 2, 2014
Proposed federal rules would create more stringent healthcare facility safety rules
A key change is a requirement that buildings over 75 feet tall have sprinkler systems throughout the structure. Existing buildings would have 12 years to install them.
| Sep 2, 2014
Construction unions, housing activists press New York mayor on affordable apartment projects
A group of New York City construction unions have joined forces with affordable housing activists to pressure Mayor Bill de Blasio to require organized labor on construction of 80,000 lower-cost apartment units.
| Aug 27, 2014
Houma, La., will tap FEMA grants to raise hurricane resilience standards on public buildings
The Houma-Terrebonne Civic Center and other public buildings in Houma, La., would be renovated to withstand Category 3 hurricane winds according to a plan being considered by the Parish Council.
| Aug 27, 2014
Napa Valley assesses impact of structural retrofits on buildings after earthquake
About 30 inspection teams of two inspectors each have conducted at least quick exterior inspections of downtown Napa, Calif., buildings since a magnitude 6.0 earthquake struck the region.
