U.S. Supreme Court Won't Overturn California's Inclusionary Zoning Laws

"The Supreme Court said Monday it has turned down a property rights case from West Hollywood that challenged a California requirement that developers subsidize the creation of affordable housing," reports David G. Savage.

In turning down the case, the U.S. Supreme Court effectively upholds a decision by the California appeals court that sided with the city of West Hollywood over the developers of an 11-unit condominium building that objected to the city's in-lieu housing fee.

"Jonathan and Shelah Lehrer-Graiwer applied for a permit to build the 11-unit condo at 616 N. Croft Ave. and were required to pay a fee of $540,000 to subsidize affordable housing elsewhere. They objected, citing Supreme Court rulings that said permit restrictions must be related to the impact of a new development," explains Savage. The state appeals court cited a 2015 state supreme court case from the city of San Jose as precedence, stating that the in-lieu housing fee qualifies as a land use regulation, and not an unconstitutional taking of private property.