Pittsburgh Lawsuit Threatens Affordable Housing Requirement

A legal challenge to Pittsburgh’s inclusionary zoning law could change the way affordable housing is built in the city.

According to reporting by Madaleine Rubin in the Pittsburgh Post-Gazette, the city is being sued by the Builders Association of Metropolitan Pittsburgh, which argues that the requirement to include affordable housing is an unconstitutional burden on developers, who claim each affordable housing unit costs an added $400,000 to $600,000. “In court filings, the city has countered that Walnut Capital did not request any exemption from inclusionary zoning while obtaining city approvals on the project.”

The association’s case is built on the claim that inclusionary zoning violates a section of Pennsylvania law that prohibits the city from adopting any law that “regulates business … by imposing duties, responsibilities or requirements.”

Pittsburgh requires inclusionary zoning in several neighborhoods, and its mayor has proposed expanding it citywide to almost all buildings with over 20 units. “If passed, the legislation would require builders to set aside 10% of units as affordable for households earning at or below half of an area’s median income.”