California Supreme Court Unanimously Upholds Inclusionary Zoning as Land Use Regulation and Not an Exaction

38 California Real Property Law Reporter 116, 2015

7 Pages Posted: 6 Nov 2015

See all articles by Tim Iglesias

Tim Iglesias

University of San Francisco - School of Law

Date Written: September 1, 2015

Abstract

Local governments, housing advocates, and people who need affordable housing won a solid victory in the California Supreme Court's unanimous opinion in California Bldg. Indus. Ass'n v. City of San Jose. In a complex 64-page opinion that is clearly drafted and rigorously argued, the court held that inclusionary zoning is a constitutionally permissible strategy to produce affordable housing and to promote economic integration that is subject to rational basis review and not heightened scrutiny.

This article outlines the factual and legal background of the case and discusses the court's reasoning in reaching its decision, including the court's refusal to find the unconstitutional conditions doctrine applies to the target ordinance because it does not constitute an "exaction." The article also identifies existing issues left open following the decision and considers what effect it will have on cities interested in enacting inclusionary zoning ordinances in the future.

Keywords: Local governments, housing advocates, affordable housing, California Supreme Court, California Bldg. Indus. Ass'n v. City of San Jose, inclusionary zoning, constitutional, economic integration, rational basis review, unconstitutional conditions doctrine, exaction, ordinances

Suggested Citation

Iglesias, Tim, California Supreme Court Unanimously Upholds Inclusionary Zoning as Land Use Regulation and Not an Exaction (September 1, 2015). 38 California Real Property Law Reporter 116, 2015, Available at SSRN: https://ssrn.com/abstract=2686331

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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