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
| Dec 15, 2011
NRDC charges Maine governor with weakening green wood requirement
The FSC program is administered through the Leadership in Energy and Environmental Design (LEED) and requires wood to be harvested in a sustainable way.
| Dec 15, 2011
Post-tornado, Tuscaloosa seeks to create walkable urban, retail areas
Block sizes initially were limited to a maximum perimeter of 1,750 feet, with no side of the block being longer than 500 feet.
| Dec 15, 2011
Allentown, Pa. city council asked to repeal union-friendly law
The mayor of Allentown, Pa. asked the City Council to repeal a year-old ordinance that forces contractors to hire union workers for large city projects funded with state and federal dollars.
| Dec 13, 2011
LEED-EB outpaces LEED for new construction
The U.S. Green Building Council's (USGBC's) LEED certifications for existing buildings standard is outpacing LEED for new buildings for the first time.
| Dec 13, 2011
Regulators charge pervasive abuse of construction workers in Connecticut
Federal and state regulators say they have uncovered what they call "widespread noncompliance" with minimum wage and overtime laws in Connecticut's construction industry.
| Dec 13, 2011
Philadelphia mayor signs order for project labor agreements
Philadelphia Mayor Michael Nutter signed an executive order establishing project labor agreements for major public works projects in Philadelphia.
| Dec 13, 2011
Improved code requirements for attic ventilation
The Roof Assembly Ventilation Coalition (RAVC) participated in the development of the code.
| Dec 12, 2011
LEED-EB Outpaces LEED for New Construction
The U.S. Green Building Council’s (USGBC’s) LEED certifications for existing buildings standard is outpacing LEED for new buildings for the first time.
| Dec 12, 2011
Philadelphia Mayor Signs Order for Project Labor Agreements
Philadelphia Mayor Michael Nutter signed an executive order establishing project labor agreements for major public works projects in Philadelphia.
| Dec 12, 2011
Improved Code Requirements for Attic Ventilation
The International Code Council (ICC) recently published the 2012 International Residential Code (IRC) that includes improved code requirements for balanced intake and exhaust for ventilated attics.
