Inclusionary Zoning: Designing Defensible Affordable Housing Policies

CLE available to Kitchen Sink Subscribers and in some cases to others but fees may apply.

Inclusionary zoning has become a central tool for local governments seeking to address housing affordability. But it also sits at the intersection of land use authority, constitutional constraints, and state preemption. This webinar will provide municipal and county attorneys with a practical overview of how inclusionary zoning programs are structured, implemented, and challenged.
The program will begin with a primer on the legal foundations of inclusionary zoning, including the scope of local authority under state enabling statutes and home rule provisions with a case study on the approach taken by Lakewood, Colorado.
The webinar will also explore key litigation risks, including takings claims, unlawful exactions under Nollan v. California Coastal Commission and Dolan v. City of Tigard, and more recent developments in exactions jurisprudence following Sheetz v. County of El Dorado. Presenters will discuss how courts are analyzing these claims and what local governments can do to build defensible programs.

Topics to Be Covered By Presenters:

Kirsten Crawford

• Housing affordability context and the role of inclusionary zoning
• Will cover Colorado Program structures and implementation approaches and a few other jurisdiction examples
• Preemption policies and inclusionary zoning

Lauren Stanek

• Case study: Lakewood, Colorado
• Primer on legal foundations of inclusionary zoning Key exactions cases: Nollan and Dolan; recent developments following Sheetz v. County of El Dorado; linkage and impact fees

Reggie Nubine

• Litigation risks: takings claims and unlawful exactions
• How courts are analyzing challenges and strategies to build defensible programs

Speakers: Kirsten Crawford, Lauren Stanek & Reggie Nubine