Virginia Judge Strikes Down Inclusionary Housing Guidelines

Allegedly voluntary program deemed an actual requirement; developers had protested.

1 minute read

December 14, 2004, 7:00 AM PST

By David Gest


In Arlington County, a judge ruled that the county government had exceeded its legal authority under state law when asking developers to volunteer to sell up to 10% of their new housing units at affordable rates, often in exchange for density bonuses. Of 50 applications in the past four years, all but already affordable housing projects had built additional units of affordable housing, a figure the judge interpreted to mean that the policy was actually required. The case arose after the county offered to allow a developer to build two buildings with more floors than allowed by zoning in exchange for affordable housing units, and the developer protested the "voluntary" request.

Thanks to David Gest

Monday, December 13, 2004 in The Washington Post

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