On June 15, 2015, the California Supreme Court decided unanimously that cities and counties may require developers to low- and moderate-income housing as a condition of a building permit.

The ruling upholds the Appeal Court decision and finds in favor of the defendant and appellant, the City of San Jose, in the California Building Industry Association (CBIA) v. City of San Jose case. In 2010, the CBIA filed a lawsuit in superior court challenging San Jose’s for-sale inclusionary zoning ordinance. That ordinance required new for-sale residential developments of more than 20 homes to make 15% of the homes available for purchase by lower-income households or to pay in lieu fees or dedicate land for these¬†desperately¬†needed¬†affordable homes. The full decision can be read here.

CHC Executive Director Ray Pearl gave an interview on KNX 1070 Radio on the decision. Listen to the segment here: