Last week, the California Supreme Court heard oral arguments in California Building Industry Assn. v. City of San Jose, No. S212072, the case which challenges San Jose’s “inclusionary housing” requirement.
The Court of Appeal held that under rational basis review (and not heightend scrutiny) San Jose’s affordable housing exaction might survive because it was designed to promote the development of affordable housing, and not to mitigate the impacts of market priced housing. California Building Industry Ass’n v. City of San Jose, 216 Cal.App.4th 137 (6th District June 6, 2013). The California Supreme Court agreed to hear the following issues:
What standard of judicial review applies to a facial constitutional challenge to inclusionary housing ordinances that re quire set asides or in – lieu fees as a condition of approving a development permit? (See San Remo Hotel L.P. v. City & County of San Francisco (2002) 27 Cal.4th 643, 670.)
Listen to this long-form report on the case from San Francisco public radio’s KQED, “California Supreme Court Hears Challenge to San Jose Affordable Housing Law,” and this story (“San Jose affordable housing law faces key legal test“) from the San Jose Mercury News.
Here are the parties’ briefs:
- Respondent’s Petition for Review Filed on July 16, 2013
- Interveners and Appellants, Affordable Housing Network of Santa Clara County, Housing of California, California Coalition for Rural Housing, Non-Profit Housing Association of Northern California, Southern California Association of Non-Profit Housing, and San Diego Housing Federation, Answer to Petition for Review Filed on August 5, 2013
- Appellant, City of San Jose, Answer to Petition for Review Filed on August 6, 2013
- Respondent’s Reply to Answer to Petition for Review Filed on August 15, 2013
- Respondent’s Opening Brief on the Merits Filed on December 10, 2013
- Interveners and Appellants, Affordable Housing Network of Santa Clara County, Housing of California, California Coalition for Rural Housing, Non-Profit Housing Association of Northern California, Southern California Association of Non-Profit Housing, and San Diego Housing Federation, Answer Brief on the Merits Filed on January 31, 2014
- Appellant, City of San Jose, Answer Brief on the Merits Filed on January 31, 2014
- Appellant, City of San Jose, Request for Judicial Notice Filed on January 31, 2014
- Respondent’s Opposition Filed on February 18, 2014
- Respondent’s Reply Brief on the Merits Filed on February 20, 2014
- Respondent’s Notice of Errata to Reply Brief on the Merits Received on March 3, 2014
This promises to be the first big post-Koontz exactions case, so of course we will continue to follow along.