California Supreme Court Upholds San Jose's Inclusionary Housing Ordinance As Valid Land Use Restriction -Tuesday, July 7, 2015
In a unanimous decision that included two concurrences, the California Supreme Court upheld San Jose's inclusionary housing ordinance against a facial challenge that alleged an unconstitutional taking of the developer's property interests. See California Bldg. Indus. Ass'n v City of San Jose (June 15, 2015, S212072) 2015 Cal App Lexis 3905. The ordinance requires developers to price at levels affordable to low and moderate income households at least 15 percent of all for-sale units in all-new residential developments creating 20 or more new units.