Framing Inclusionary Zoning: Exploring the Legality of Local Inclusionary Zoning and Its Potential to Meet Affordable Housing Needs

Zoning and Planning Law Reports, Vol. 36, No. 4, April 2013

Univ. of San Francisco Law Research Paper No. 2014-24

17 Pages Posted: 23 Jul 2014 Last revised: 11 Dec 2014

See all articles by Tim Iglesias

Tim Iglesias

University of San Francisco - School of Law

Date Written: April 1, 2013

Abstract

Whether local inclusionary zoning (IZ) ordinances can make significant contributions towards meeting affordable housing needs depends in large part on its legality. Courts have not developed a consistent jurisprudence regarding IZ ordinances. The legality of IZ ordinances depends upon how they are framed by the governments who enact them, the opponents who challenge them, and the courts that decide the cases. After a brief introduction, this article explores why framing is possible and likely in judicial review of IZ as well as why it matters. Next, the article analyzes the case law to demonstrate how framing has operated to affect the legal vitality of IZ. Then the article identifies issues local governments contemplating adopting IZ

Keywords: housing law, housing policy, affordable housing, inclusionary zoning, land use regulation, exactions, regulatory takings, constitutional challenges, local government authority, zoning

Suggested Citation

Iglesias, Tim, Framing Inclusionary Zoning: Exploring the Legality of Local Inclusionary Zoning and Its Potential to Meet Affordable Housing Needs (April 1, 2013). Zoning and Planning Law Reports, Vol. 36, No. 4, April 2013, Univ. of San Francisco Law Research Paper No. 2014-24, Available at SSRN: https://ssrn.com/abstract=2470018

Tim Iglesias (Contact Author)

University of San Francisco - School of Law ( email )

2130 Fulton Street
San Francisco, CA 94117
United States

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