June 15, 2015
The California Supreme Court decided that cities can use inclusionary housing rules or inclusionary zoning to require developers to designate a portion of the housing for below-market-rate or affordable units.
San Jose passed an inclusionary ordinance in 2010, which required developments of 20 or more units to set aside 15 percent for low-income buyers, or to otherwise pay an in-lieu fee.
CBIA had argued that the city needed to produce evidence that the inclusionary policies were related to the adverse impact of new developments, and that the inclusionary policies were effectively taking away property without just compensation.
California Building Industry Association v. City of San Jose (Supreme Court Case No. S212072, June 15, 2015)
Organizations mentioned/involved: Law Foundation of Silicon Valley, Public Interest Law Project (PILP)