Perkins Coie LLP California Land Use & Development Law Report: California Supreme Court Broadly Construes Municipal Powers to Enact Affordable Housing Measures
Perkins Coie LLP California Land Use & Development Law Report: California Supreme Court Broadly Construes Municipal Powers to Enact Affordable Housing Measures
The California Land Use & Development Law Report Legal Commentary on Planning and Development
In a case closely watched by home builders, low-income housing advocates, and cities and counties throughout the state, the California Supreme Court has strongly endorsed inclusionary housing ordinances, ruling that they are legally permissible as long as it can be shown the ordinance is reasonably related to the public welfare. California Building Industry Association v. City of San Jose, No. S212072 (Cal. Sup. Ct., June 15, 2015). The court rejected a claim that a city may only impose inclusionary housing requirements on new residential development projects it if first shows that the need for affordable housing is attributable to new development.
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