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Equitable Development Toolkit
Equitable Development Toolkit
Inclusionary Zoning
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Legislation and Ordinances

Select City and County Ordinances

Boulder, Colorado. Boulder 's inclusionary zoning program was first developed in 1980 and revised in 2000. It requires that 20 percent of a project's units be affordable for all new residential developments (regardless of project size). The program also mandates that inclusionary units remain affordable in perpetuity. (See Chapter 9-6.5 of the Boulder Revised Code, 1981)

 

Cambridge, Massachusetts. Cambridge has joined a growing number of urban communities that have adopted inclusionary zoning. Cambridge is notable for reaching very and extremely-low income residents with its program, its firm adherence to on-site development, and its long-term affordability requirements.

 

Montgomery County, Maryland. Passed in 1974, Montgomery County 's Moderately Priced Dwelling Units Law (MPDU) has produced over 11,000 units of affordable housing in 25 years.

 

San Diego, California. With over 1 million residents, San Diego became the largest city to mandate inclusionary zoning when it passed an ordinance in 2003.

 

Santa Fe, New Mexico. Santa Fe 's inclusionary zoning law ties affordable housing requirements to the prices of market rate units. Areas with higher market rate housing face steeper affordable housing requirements. (See Santa Fe Development Ordinances Sec. 14-96 "Inclusionary Zoning Ordinance")

Select State Ordinances

California Redevelopment Area Legislation. California has statewide legislation that applies to all redevelopment areas. Private developers are required to have a 15 percent set-aside and public agencies must have a 30 percent set-aside. Of those units set aside for "affordable housing," six percent of the units must serve very low-income households, three percent must serve low-income households, and six percent must serve moderate income.

 

Massachusetts. In 1969, Massachusetts enacted Chapter 40B of the General Laws which was, in effect, a statewide inclusionary zoning law. It both facilitates and encourages the development of affordable housing by allowing subsidized developments to be approved without being subject to local regulatory limitations. (See Sections 20-23 of Chapter 40B: "Low and Moderate Income Housing")

 

New Jersey. The New Jersey Supreme Court ruled in 1983 (South Burlington Count NAACP v. Mount Laurel) that every municipality has a constitutional obligation to provide through its land use regulations a realistic opportunity for a fair share of its region's present and prospective needs for housing for low and moderate income families. The court left it to the legislature to determine how these obligations should be met. (See The New Jersey Fair Housing Act)

 

Readings

Bay Area Economics. City of Salinas Inclusionary Housing Program Feasibility Study. Berkeley , CA : Prepared for the City of Salinas by Bay Area Economics, 2003.

 

Bay Area Economics. San Jose Inclusionary Housing Study. Berkeley , CA : Prepared for the City of San Jose Housing Department by Bay Area Economics, 2002.

 

Brown, Karen D. Expanding Affordable Housing Through Inclusionary Zoning: Lessons from the Washington Metropolitan Area. Washington , DC : Brookings Institution, Center on Urban and Metropolitan Policy, 2001.

 

Burchell, R., Conine, C. K., Dubin, R., Flanagan, D., Galley, C., Larsen, E., Rusk, D., Schnare, A., Tetreault, B., and Tustian, R. " Inclusionary Zoning: A Viable Solution to the Affordable Housing Crisis?" New Century Housing , vol. 1, no. 2. Washington , DC : The Center for Housing Policy, 2000.

 

Business and Professional People for the Public Interest. Opening the Door to Inclusionary Housing. Chicago , IL , 2003.

 

Calavita, N., Grimes, K., and Mallach, A. " Inclusionary Housing in California and New Jersey: A Comparative Analysis." Housing Policy Debate , vol. 8, no. 1. Washington , DC : Fannie Mae Foundation, 1997.

 

California Affordable Housing Law Project of the Public Interest Law Project and Western Center on Law & Poverty. Inclusionary Zoning: Legal Issues. Oakland , CA : California Affordable Housing Law Project of the Public Interest Law Project and

Western Center on Law & Poverty for the San Francisco Foundation, 2002.

 

California Affordable Housing Law Project of the Public Interest Law Project and Western Center on Law & Poverty. Inclusionary Zoning: Policy Considerations and Best Practices. Oakland , CA : California Affordable Housing Law Project of the Public Interest Law Project and Western Center on Law & Poverty, 2002.

 

David Paul Rosen and Associates. City of Los Angeles Inclusionary Housing Study. Los Angeles , CA : Prepared by David Paul Rosen and Associates for the Los Angeles Housing Department, 2002.

 

Institute for Local Self Government. California Inclusionary Housing Reader. Sacramento , CA : Institute for Local Self Government, 2003.

 

Kiely, Meg. " Boston Policy Gives Developers Choice," NHC Affordable Housing Policy Review , vol. 2, no. 1. Washington , DC : National Housing Conference, 2002.

 

Mallach, Alan. Inclusionary Housing Programs: Policies and Practices . New Brunswick , NJ : Center for Urban Policy Research, 1984.

 

Non-Profit Housing Association of Northern California and the California Coalition for Rural Housing. Inclusionary Housing in California: 30 Years of Innovation. San Francisco , CA : Non-Profit Housing Association of Northern California and the California Coalition for Rural Housing, 2003.

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