Washington, D.C., February 29, 2016 – The United States Supreme Court denied certiorari in California Building Industry Association v. City of San Jose, a lawsuit that challenged San Jose’s inclusionary housing ordinance. The California Building Industry Association had petitioned the Court for review of the California Supreme Court’s June 2015 decision, which held that inclusionary housing requirements are not “exactions” and that they need only be reasonably related to the legitimate government purposes they set out to further. Over 170 cities in California have inclusionary programs requiring new market-rate housing developments to include affordable housing.
The Public Interest Law Project, the Law Foundation of Silicon Valley and the law firm of Wilson Sonsini Goodrich & Rosati (pro bono) represent non-profit affordable housing advocacy organizations who intervened as parties in the case in support of San José’s ordinance: Affordable Housing Network of Santa Clara County, California Coalition for Rural Housing, Housing California, Non-Profit Housing Association of Northern California, San Diego Housing Federation, and the Southern California Association of NonProfit Housing. We applaud these groups for stepping forward to save this critical affordable housing tool.
San José’s inclusionary housing ordinance, which requires developers of certain new market-rate housing to include a certain percentage of homes that are affordable to low- or moderate-income households, or to choose from a menu of other compliance options, was passed by City in 2010 but has been on hold because of the litigation, which was filed before the ordinance ever became operative.
For more information contact Michael Rawson at PILP.
(510) 891-9794 ext. 145