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 10, 2011
New legislation aimed at improving energy efficiency in federal buildings
Recently introduced legislation, the “High-Performance Federal Buildings Act,” would help federal agencies save energy and money by improving building performance.
| Nov 4, 2011
CSI and ICC Evaluation Service agree to reference GreenFormat in ICC-ES Environmental Reports?
ICC-ES currently references CSI's MasterFormat and other formats in all of its evaluation reports. The MOU will add GreenFormat references.
| Nov 3, 2011
House Votes to Kill 3% Withholding Requirement; Senate Yet to Vote
The U.S. House of Representatives voted last week to repeal a 3% IRS withholding tax on businesses that do work for the government.
| Nov 3, 2011
OSHA Publishes Information on Rights and Safety
OSHA recently published new and revised information that explains workers’ and employers’ rights, as well as how to protect workers from hazards in the construction industry.
| Nov 3, 2011
Sierra Club Critical of Albuquerque Mayor’s Push to Weaken Green Code
The mayor’s plan to move to a less environmentally friendly code would mean confusion for people in the construction industry and a loss of energy efficiency and money for consumers, said Shrayas Jatkar of the Sierra Club.
| Nov 3, 2011
Lax Code Enforcement Blamed for Deaths in Turkey’s Earthquake
Despite tough safety codes approved a decade ago after earthquakes killed 18,000 people, lax enforcement led to hundreds of deaths after a recent earthquake in Turkey.
| Nov 3, 2011
International Green Construction Code Will Provide Template for Local Codes
A uniform code for green construction is being readied for publication in March.
| Oct 31, 2011
NIST issues new code requirements
Buildings taller than 420 feet are now required to include an extra exit stairwell or a specially designed elevator that occupants can use for evacuations.
| Oct 28, 2011
Los Angeles County mulling building codes for improving health
An ordinance would amend county building codes to promote better walking environments, encourage more bicycling, improve access to healthy foods (farmers markets, community gardens), and enhance project review requirements to ensure that developers include healthy-lifestyle components in their building plans.
| Oct 28, 2011
Bipartisan opposition to federal 3% withholding for contractors
Both major political parties and the Obama Administration support repealing a law that would withhold 3% of all government contracts.