Variable inclusionary requirements within a municipality

We've been asked to research the possibility of implementing an inclusionary requirement that would vary depending on the demographics of the surrounding neighborhood within a single jurisdiction. If, for example, there is a high incidence of existing affordable housing, or schools that are struggling, a lower percentage of affordable units would be required of new or redeveloped communities. Conversely, when all the indicators are healthy, a larger affordable requirement would be mandated. Is anyone familiar with a similar approach that has been implemented or explored ? I appreciate any thoughts on the matter. Thanks.

Patrick Maier
Innovative Housing Institute

Replies to This Discussion

Permalink Reply by Eric K. Snyder on September 8, 2009 at 10:24am

In New Jersey there is a general requirement that affordable housing not be concentrated in any one location in town or within a particular development. Using some form of objective data would be useful.

Permalink Reply by Susannah Levine on September 8, 2009 at 4:32pm

Hi Patrick,

The only example I can think of that comes close is in St. Charles, IL (suburban Chicago) where the IZ requirement is dropped if the overall percentage of affordable housing for the city reaches 25%. If the city reaches 25% affordable housing, then the IZ ordinance does not trigger again until they fall below 15%. Let me know if you'd like a copy of the ordinance.

Best,
Susannah Levine
Business and Professional People for the Public Interest (BPI)

Permalink Reply by Michelle Allen on September 14, 2009 at 10:41am

Hi Patrick,
This is something that we have been thinking about as well. You may want to start with a look at the legal basis your jurisdiction is using to justify the Inclusionary requirement in the first place. It seems to me fundamentally unfair to developers to vary the requirement based on struggling schools. If you vary the requirement by a geographic area and have a cash-in-lieu option you may need to spend the money in that geographic area. This would be difficult for us but it depends on how your program is set up. You may want to keep the requirement consistent but allow either cash or off-site units where affordable units are already concentrated.
Michelle Allen
Boulder Co