Many California cities require homebuilders to create affordable housing or pay fees to support construction of those units. A new lawsuit contends th

California affordable housing programs are on the chopping block after Supreme Court ruling

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2025-08-02 17:00:06

Many California cities require homebuilders to create affordable housing or pay fees to support construction of those units. A new lawsuit contends those fees are unconstitutional.

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East Palo Alto, like cities across California, has a law on the books that forces developers of new housing projects to foot the bill for the state’s shortage of affordable homes.

New residential projects need to set aside a share of the units they plan to build for lower-income renters and homeowners under the terms of the city’s “inclusionary zoning” ordinance. Builders who refuse have to instead pay a fee, ranging from the tens of thousands to hundreds of thousands of dollars.

An East Palo Alto homeowner filed a lawsuit in federal court on Thursday challenging the constitutionality of that law, likening it to “extortion” — and he had a little help from the U.S. Supreme Court.

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