Tuesday, January 26, 2010
Latest Court Decision in Palmer/Sixth Street Properties v. City of LA May Affect Inclusionary Housing Ordinances
Latest Court Decision in Palmer/Sixth Street Properties v. City of LA May Affect Inclusionary Housing OrdinancesFollowing a decision by the California Supreme Court to not review or depublish the appellate court decision in Palmer/Sixth Street Properties v. City of Los Angeles, cities and counties should evaluate their inclusionary housing ordinances with respect to rental properties. The Palmer decision calls into question whether inclusionary housing ordinances which require developers to offer a portion of rental units as low-income units or pay an in-lieu fee may be in violation of California's Costa-Hawkins Act. Unless and until the Legislature amends the Costa Hawkins Act, local agencies should consider how to revise their existing inclusionary requirements in accordance with Costa-Hawkins and the Palmer decision. Click here to read more analysis of the court's decision. Click here to read our previous post on Palmer.
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