Brief Filed in California Supreme Court to Protect Inclusionary Zoning Laws
April, 2014: The Haas Institute for a Fair and Inclusive Society at University of California, Berkeley was a key contributor to an amicus (friend of the court) brief filed in support of the city of San Jose in a lawsuit that threatens the City’s inclusionary zoning laws. Inclusionary zoning is critical to protecting social inclusion and integration in municipal districts. Without inclusionary zoning laws, residential segregation is further exacerbated, greatly limiting access to economic and social mobility opportunities for low-income families.
At issue in the case are the City’s zoning requirements that protect San Jose’s efforts to continue to build and provide affordable housing in economically integrated neighborhoods. The case, entitled California Building Industry Association v. City of San Jose (Affordable Housing Network of Santa Clara County), is currently pending before the California Supreme Court. The outcome is expected to reverberate nationally as California is seen as a key leader in inclusionary zoning practices that help prevent widening inequality in metropolitan areas. San Jose is of particular interest due to its unique geographic role in the technology economy.
Menendian noted, “San Jose is at the epicenter of a national conversation on rapidly widening inequality. In co-authoring the brief, we are emphasizing the essential importance of inclusionary zoning ordinances in preventing further displacement of low and middle income residents.” Menendian, a legal scholar who has written about fair housing issues for the last decade, further adds: “Lack of inclusionary zoning will result in further economic and racial segregation, which has proven long-term negative effects on all residents of an area.”
Mike Rawson, lead counsel for the City of San Jose, noted in an email to all signatories on the amicus brief: “The evidence marshaled, the analysis presented, and the picture that emerges of the crushing reality of segregation and opportunity denied are profound. The brief will ensure that the justices will see the case in all its ramifications.”
The amicus brief gives an analysis of the United States’ history of economic and racial residential segregation and the pernicious effects of the nation’s history of exclusionary zoning, policies which directly targeted groups of color. Inclusionary zoning is a unique and effective policy utilized by local governments to meet the challenges they face in regards to land use. The brief also details how inclusionary zoning expands opportunities for low and moderate income households.
“Housing is more than just shelter. Where we live affects residents’ opportunities for employment, school, transportation and other community assets. Simply increasing affordable housing is not enough. Where the housing is located is critical since we know that when poverty is concentrated, all other life chances are also compromised,” emphasizes john a. powell, Director of the Haas Institute.
Download a copy of the brief here.
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