The Pacific Legal Foundation, an independent nonprofit law firm generally associated with libertarian causes, has filed suit against the City of Healdsburg on behalf of a client who believes the city’s “inclusionary fees” to support affordable housing are illegal.
“Inclusionary zoning forces developers of residential property to subsidize below-market-rate housing, which counterproductively raises the cost of development and thereby makes housing less affordable,” the foundation said in its Sept. 5 press release on the action.
“The Supreme Court has consistently ruled that permit conditions for new construction must be proportional and directly related to that construction’s negative public impact. In this case, adding to a city’s housing supply does not negatively impact the cost of housing.”
The suit was brought on behalf of Jessica Pilling and her husband, owners of bikehealdsburg.com, who want to build a new family home with an accessory dwelling unit on a portion of their property. Bike Healdsburg has a pedal-powered, open-air trolley that takes tourists around town to bars, tasting rooms and other sites.
After subdividing their property, the Pillings applied for construction permits, only to be hit with a $20,000 inclusionary zoning fee on top of the usual permitting costs.
“You can’t make housing more affordable by making it more expensive, but that’s what cities like Healdsburg do when they impose so-called ‘inclusionary fees’ on residential development,” said David Deerson, an attorney at Pacific Legal Foundation. “Fortunately, the Constitution prohibits the government from arbitrarily demanding property or money from developers, whether big firms or families like the Pillings.”
The City of Healdsburg was quick to respond, issuing a press release on Monday, Sept. 9. Calling the Pacific Legal Foundation “a legal organization known for challenging government policies,” City Manager Jeff Kay said, “This lawsuit is a challenge to inclusionary housing policies, which are authorized under State law, and widely implemented across California …”
He added, “We believe Healdsburg’s inclusionary housing policy is essential to addressing the housing needs of our community and is a sound and widely accepted approach to maintaining housing affordability and diversity.”
Since the lawsuit is pending litigation, Kay said not to expect any further comment at this time.
The “Inclusionary Fees” (what a crazy term) are Unconstitutional. Who is being “included” by these fees? Who has to pay them? Are the developers paying an “Inclusionary Fee” to be included in Healdsburg? Does Healdsburg now charge $20,000 for every new resident building a house or business? Is our town a gated community demanding fees at the gate for entry and inclusion?
It’s lovely to hear that the Pilling’s are building a new family home. Was wondering if the addition of an ADA was going to be used as a rental for a low income/senior rental or an enhancements for clients of their business? You all know another weekend rental at $500+ a night! Affordable housing in Healdsburg what a joke!!!!