Inclusionary Housing On The Run

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 has provided little practical guidance to local governments or developers, but recent actions by the Governor and the California Supreme Court may be bringing things into focus.