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AFFORDABLE-HOUSING FIGHT LOOMING.


Byline: GREGORY J. WILCOX

It didn't take long for someone to pick a fight with Santa Monica's updated version of its inclusionary zoning Inclusionary zoning, also known as inclusionary housing, refers to city planning ordinances that require that a given share of new construction be affordable to people with low to moderate incomes.  ordinance, which forces developers to include affordable housing units in their projects.

On June 13, the City Council adopted the revision, which requires that developers of multifamily projects make some of the units available to low- to moderate-income families. In the past they could avoid affordable-housing requirements by paying fees to the city.

The new ordinance, which applies to multifamily projects -- condominiums or apartments -- of four or more units, took effect 60 days later.

About a month after that, the Pacific Legal Foundation, at the behest be·hest  
n.
1. An authoritative command.

2. An urgent request: I called the office at the behest of my assistant.
 of the Action Apartment Association, an organization of Santa Monica Santa Monica (săn`tə mŏn`ĭkə), city (1990 pop. 86,905), Los Angeles co., S Calif., on Santa Monica Bay; inc. 1886. Tourism and retailing are important, and the city has motion-picture, biotechnology, and software industries.  area apartment building owners, sued the city.

The suit's basic argument is that the city's action violates portions of the state and federal constitutions.

If the foundation eventually prevails, there could be a broad impact in cities that already have similar ordinances or, like Los Angeles Los Angeles (lôs ăn`jələs, lŏs, ăn`jəlēz'), city (1990 pop. 3,485,398), seat of Los Angeles co., S Calif.; inc. 1850. , are trying to adopt one, said James S. Burling Burling may refer to:
  • Carroll Burling
  • Daniel Burling
  • Robbins Burling

This page or section lists people with the surname Burling. If an internal link for a specific person referred you to this page, you may wish to add the given name(s) to that
, the foundation's principal attorney.

He also maintains that the ordinance's impact will run counter to the city's intent.

``The money that builders lose constructing below-market residences will be passed along in higher prices for the new housing that isn't price-controlled,'' he reasoned. ``This will discourage home construction and raise costs for most home buyers.''

City officials could not be reached for comment.

But Burling said the cost of owning a home in Santa Monica shouldn't be increased by forcing those who buy market-rate housing to subsidize sub·si·dize  
tr.v. sub·si·dized, sub·si·diz·ing, sub·si·diz·es
1. To assist or support with a subsidy.

2. To secure the assistance of by granting a subsidy.
 their neighbors' homes.

The suit also contends that the ordinance violates California's Housing Element Law in that it acts as a constraint on the production of housing that has not been approved by the state's Department of Housing and Community Redevelopment.

``Action's members contend that the `inclusionary' requirement makes it impossible to build a financially sound residential project,'' Rosario Perry, an Action spokesman, said in a statement.

The foundation also has a fight on its hands from ACORN, or the Association of Community Organizations for Reform Now “ACORN” redirects here. For the fruit of the oak tree, see Acorn.

“ACORN” redirects here. For the social classification, see ACORN (demographics).
ACORN, the Association of Community Organizations for Reform Now
.

``We think that what the city of Santa Monica has done is a good idea. Make the builders build the units that will guarantee affordable units,'' said Abdullah Muhammad, chairman of the board of directors at the nonprofit A corporation or an association that conducts business for the benefit of the general public without shareholders and without a profit motive.

Nonprofits are also called not-for-profit corporations. Nonprofit corporations are created according to state law.
 activist organization.

``They need affordable units just like we need them in Los Angeles.''

Don't look for a winner to be declared anytime soon.

greg.wilcox(at)dailynews.com

(818) 713-3743
COPYRIGHT 2006 Daily News
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 2006, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Title Annotation:Business
Publication:Daily News (Los Angeles, CA)
Date:Sep 24, 2006
Words:416
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