Inclusionary Housing Ordinance Survives Constitutional Challenge in Post-Nollan-Dolan Era: Homebuilders Association of Northern California v. City of Napa

Abstract

Abstract Inclusionary housing programs1 have been in effect since the early 1970s, and are growing in popularity today as more jurisdictions view them as innovative ways to increase the supply of affordable housing as well as combat exclusionary zoning practices.2 In general, localities enact such programs pursuant to their local police power, which are typically effectuated through inclusionary housing ordinances, in zoning codes, policy statements, or a jurisdiction's housing element.3