Inclusionary Housing

For a couple of decades communities across the Commonwealth have followed the California lead requiring affordable housing to be created as part of commercial and residential development projects. In Dennis, while we have been encouraged to pursue this, we have resisted. Now, the California Supreme Court has ruled that inclusionary housing needs to follow the same rational nexus as impact fees. This could prove to be a challenge for some type of projects.

We have adopted affordable housing programs under zoning. However, we have tied these programs to Special Permit uses rather than mandating every development provide housing. In essence there is an exchange, density for housing. The California case, and many by-laws here in Massachusetts (especially those tied to subdivision approval), establishes that a nexus is going to be necessary, one that proves that new housing construction adversely affects the affordable housing supply.

It will be interesting to see. For now, it is safer stick with incentive zoning to encourage affordable housing over inclusionary mandates that could prove indefensible.

Inclusionary Housing Must Be Litigated As Exaction, Cal Supremes Rule

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One thought on “Inclusionary Housing

  1. MARY ELLEN C. WELCH

    GREETINGS TO ONE AND ALL. IS IT I OR DO OTHERS FEEL THAT “LAWS” AND “RULINGS”, ETC. ARE SEEMING TO SUPPORT FORCINGS RATHER THAN FREEDOMS?

    AFFORDABLE ‘EVERYTHING’ APPEARS NECESSARY TODAY IN LIGHT OF POOR ECONOMIC LANDSCAPES ACROSS THIS NATION. INSTEAD OF FORCING TOWNS, STATES, CITIES, ET AL TO OFFER JUST ABOUT ALL SERVICES, HOMES, ETC. AT LOWER COSTS, WOULDN’T IT BE THE WISER DECISION TO ADDRESS AND “FORCE” EMPLOYERS TO HIRE MORE FOLKS AND “FORCE” THE LOWEST OF WAGES TO REFLECT THE HORRIBLY HIGH COST OF LIVING WE ARE ALL OPPRESSED BY TODAY?

    WHERE IS THE COMMON SENSE IN COURTS TO ENSURE “ALL” ARE PAID A TRUE REALITY ‘CHECK’ ????????????

    MARY ELLEN C. WELCH

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