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
Codes and Standards | Jan 29, 2020
Half of Manhattan’s new residential skyscrapers are empty
Excess comes as middle class housing shortage worsens.
Codes and Standards | Jan 28, 2020
Updated Engineered Wood Construction Guide now available
Provides guidance on building engineered wood floors, walls, and roofs.
Codes and Standards | Jan 24, 2020
Fenestration Rating Council earns ANSI certification
FenStar Certification Program ensures windows, doors, and skylights meet Energy Star specifications.
Codes and Standards | Jan 23, 2020
Rent control policies backfire on goal of boosting affordable housing
Natl. Apartment Assn. study says rent control decreases housing supply, harms condition of housing stock.
Codes and Standards | Jan 22, 2020
Potential energy savings from smart meters is largely unrealized
Most utilities underuse the technology that can help customers save money.
Codes and Standards | Jan 21, 2020
Contractors pay practices reviewed in new database
Fastest and slowest paying GCs revealed.
Codes and Standards | Jan 17, 2020
Several states with ambitious climate goals will have to restrict natural gas as a fuel
Buildings would have to heat and cook with electricity.
Codes and Standards | Jan 16, 2020
New solar-ready mandate affects commercial and residential buildings in St. Louis
All new buildings must have reserved rooftop sections for PVs.
Codes and Standards | Jan 15, 2020
Trump Administration blocks new light bulb efficiency standards
Move defies bipartisan 2007 law.
Codes and Standards | Jan 14, 2020
L.A.’s expedited permitting process credited with faster approvals on $1 billion project
Parallel Design-Permitting Process includes flagging elements for correction during conceptual design.