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
| Nov 23, 2011
Zoning changes proposed to make New York City buildings greener
New York City will introduce new zoning proposals next month that would make it easier for building owners to add features that will make their properties more sustainable.
| Nov 18, 2011
AGC offers webinar on Davis-Bacon compliance
Webinar to be held in two sessions, Dec. 7 and 8 from 2:00-3:30 p.m. EST.
| Nov 18, 2011
New green construction code may help push LEED standards higher
The International Green Construction Code (IgCC) is expected to set a floor for building standards and may create the opportunity for LEED certifications to push toward higher ceilings.
| Nov 18, 2011
New OSHA fall safety rule could save contractors money on insurance premiums
The new Occupational Safety and Health Administration rule requiring employers operating in the residential construction industry to use the same methods of fall protection that historically have been used in the commercial construction industry could save them money.
| Nov 18, 2011
Some believe new Austin building code will help mom and pop shops
Austin, Texas has proposed building codes that require wider sidewalks and call for buildings to be closer to sidewalks along a 3.5-mile stretch of highway.
| Nov 11, 2011
AIA: Engineered Brick + Masonry for Commercial Buildings
Earn 1.0 AIA/CES learning units by studying this article and successfully completing the online exam.
| Nov 10, 2011
WaterSense standard for weather-based irrigation controllers unveiled
The U.S. Environmental Protection Agency’s (EPA) WaterSense program has released a final specification for weather-based irrigation controllers—the first outdoor product category eligible to earn the WaterSense label.
| Nov 10, 2011
Advocate seeks noise reduction measures in California building codes
A former chief building inspector for San Francisco wants to enact building codes that would limit noise levels in restaurants and other spaces open to the public.
| Nov 10, 2011
California seismic codes spur flurry of hospital projects
New seismic requirements in California are helping to drive a flurry of new projects and retrofits in the state’s health care sector.
| Nov 10, 2011
Senate ready to repeal 3% withholding on government contracts
The U.S. Senate is set to approve legislation that would eliminate a law requiring federal, state, and local governments to withhold 3% of their payments to contractors and companies doing business with the government.