Legislation in East Palo Alto requires developers to create affordable housing or pay a significant fee to a fund. Homeowner Wesley Yu challenges this ordinance, asserting it violates the Fifth Amendment, referencing a prior Supreme Court ruling on permit conditions. His lawyers argue that the requirement for affordable units isn’t justified by the development’s impact. They claim new developments actually enhance housing affordability. A successful case could dismantle a key aspect of California's approach to affordable housing without taxpayer support, which has become common across many local jurisdictions.
The East Palo Alto ordinance mandates that developers build affordable housing or pay a fee, which has faced legal challenges based on the Fifth Amendment's property limits.
Wesley Yu's case argues that the government's fees for affordable housing aren't supported by a clear link to the impacts of his proposed development.
David Deerson criticizes inclusionary zoning laws as not only illegal but also ineffective and argues new developments positively affect housing affordability.
If Yu's case succeeds, it could significantly weaken California's inclusionary zoning policies, which have been critical for affordable housing development without taxpayer funding.
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