U.S. Supreme Court lets San Jose affordable housing law stand

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The law requires housing developers to include below-market priced units for low-income buyers on any new housing projects in the city.

March 07, 2016
U.S. Supreme Court lets San Jose affordable housing law stand

Apartments in San Jose. Photo: David Sawyer/Creative Commons.

The U.S. Supreme Court turned away a legal challenge to a San Jose affordable housing law brought by the housing industry. The law requires housing developers to include below-market priced units for low-income buyers on any new housing projects in the city. In its appeal, the industry argued that the law violates federal constitutional protections against the taking of private property. 

The California Supreme Court, in June upheld the law, and this decision now stands. In the written decision, one state justice said, "These [affordable housing] problems have become more and more severe and have reached what may be described as epic proportions in many of the state's localities."

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