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
| Oct 31, 2013
OSHA enacts 47-day extension for comment period on silica-exposure rule
The Occupational Safety and Health Administration has extended the public comment period on its silica-dust exposure rule by 47 days.
| Oct 31, 2013
Updates to California’s building codes take effect Jan. 1
Green-building and accessibility are the major themes of the 2013 updates to California’s construction codes that are set to take effect Jan. 1.
| Oct 31, 2013
IECC code updates include better lighting controls and new HVAC technology
The proposed new code will increase the mandatory installation of occupancy sensors and daylighting controls to many new types of spaces.
| Oct 31, 2013
Effects of green, white roofs to be compared at Walmart in Oregon
Portland State University will construct a 40,000 sf green roof research site on the top of a new Walmart store in North Portland, Ore., and compare it to a 52,000 sf section of roof with a white membrane.
| Oct 31, 2013
GSA okays Green Globes; USGBC counters forestry industry concerns
Green Globes, a LEED rival, was recently declared to be nearly equal with LEED standards by the General Services Administration.
| Oct 25, 2013
California struggles with updated seismic codes
In California, there are still hundreds of concrete buildings that need reinforcement to bring them up to the new seismic code.
| Oct 24, 2013
Supplement No. 2 to AISC 358-10 Prequalified Moment Connection Standard available for public review
Supplement No. 2 to the American Institute of Steel Construction (AISC) standard Prequalified Connections for Special and Intermediate Steel Moment Frames for Seismic Applications (AISC 358-10) is now available for public review.
| Oct 24, 2013
Changes in LEED v4 will have large impact on materials manufacturers
Changes to LEED in LEED v4 are so dramatic that they will send ripples into other industries and shift expectations on sustainability reporting and performance far beyond the building industry.
| Oct 24, 2013
D.C. office buildings going green at twice the national average
In 2011, about 33% of new office buildings in the U.S. were built to green standards, but in the nation’s capital that rate has skyrocketed.
| Oct 18, 2013
AGC considers suit over new hiring goals for vets, disabled
The Associated General Contractors of America and the HR Policy Association are reportedly considering taking legal action over the Labor Department's new hiring goals for veterans and disabled people.