Inclusionary Housing On The Run

Law360, New York (November 26, 2013, 12:59 PM EST) -- Several recent legal developments have cast doubt on the ability of California cities to continue using favored tools to promote construction of “inclusionary” affordable housing units. Few would dispute that the state faces a “severe shortage of affordable housing,” as the Legislature has declared.[1] But this consensus has not translated into agreement on how best to allocate the societal burden of providing affordable housing.

As conflicts have intensified over a number of cities’ approaches to inclusionary housing, the courts have created a patchwork of law that...
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