Supreme Court of California
Cal. Bldg. Industry Assn. v. City of San Jose, S212072
In a case challenging the "inclusionary housing" ordinance in San Jose, which, among other features, requires all new residential development projects of 20 or more units to sell at least 15 percent of the for-sale units at a price that is affordable to low or moderate income households, the Court of Appeals judgment, reversing the Superior Court and remanding for application of a traditional standard, is affirmed where: 1) the conditions that the San Jose ordinance imposes upon future developments do not impose exactions upon the developers' property so as to bring into play the unconstitutional conditions doctrine under the takings clause of the federal or state Constitution; and 2) the passage in San Remo Hotel v. City and County of San Francisco, 27 Cal.4th 643, upon which plaintiff relies does not apply to the conditions imposed by San Jose's inclusionary housing ordinance.
Appellate Information
- Decided 06/15/2015
- Published 06/15/2015
Judges
- Chin
Court
- Supreme Court of California