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
| Mar 15, 2012
Tenant advocates propose licensing landlords in New York City
With thousands of New York City rental units posing potential dangers to tenants, city advocates are proposing measures to make landlords improve building safety.
| Mar 15, 2012
Construction industry a big winner in federal small disadvantaged business procurement
Last year, only 5% of federal contract dollars went to small disadvantaged businesses. Construction and facilities support firms were the biggest beneficiaries.
| Mar 15, 2012
ANSI approves new fall protection standards
The American National Standards Institute (ANSI) has approved two American Society of Safety Engineers' (ASSE) standards addressing fall protection.
| Mar 8, 2012
Engineering innovation provides new option for meeting seismic codes in skyscrapers
Two University of Toronto engineers have developed “viscoelastic-energy-dissipating dampers” to replace many of the heavy concrete beams used in tall structures.
| Mar 8, 2012
CSI webinar on building code compliance March 22
A March 22 webinar will provide an overview of a 28-step process during the design of a building to ensure compliance with building codes.
| Mar 8, 2012
Federal silica dust rule caught in bureaucratic limbo
A federal rule meant to protect the lungs of workers has been caught in bureaucratic purgatory for more than a year.
| Mar 8, 2012
New LEED-EBOM rating has requirements for specific project types
Several key changes are proposed for the LEED-EBOM Rating System in 2012.
| Mar 8, 2012
Green buildings more resilient than conventionally built structures
A new study by the U.S. Green Building Council (USGBC) and the University of Michigan’s Taubman College of Architecture and Urban Planning suggests that structures built to green standards can advance building resiliency.
