Real Estate/Development
Apr. 11, 2023
City had duty to affirmatively create housing, panel finds
The comprehensive, 98-page ruling took a strict view of the definition of “substantial compliance” with the housing element law. But it endorsed the idea that the failure to provide adequate zoning to build housing could violate California’s Fair Employment and Housing Act, which could give more power to plaintiffs and make it easier for them to recover attorney fees.
A unanimous appellate panel has ruled in favor of activists challenging state-required housing element plans in the City of Clovis. But the biggest impact of the ruling could come in later cases.
The 5th District Court of Appeal found on Friday there was an obligation to “affirmatively create fair housing,” said Valerie L. Feldman, who helped represent the plaintiff as an attorney with the Public Interest Law Project. It was “the first time...
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