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Monterey Park council directs staff to study and pause inclusionary housing ordinance amid legal uncertainty
Summary
Staff outlined recent court rulings and a local settlement that could expose the city’s inclusionary housing ordinance to legal challenge; council voted unanimously to direct staff to pursue feasibility analysis with a consultant and consider continuing the ordinance pause while legal developments unfold.
Monterey Park — The City Council on Tuesday directed staff to take further legal and market feasibility steps on its inclusionary housing ordinance (IHO), and agreed to keep the measure paused while staff and a consultant study options to reduce litigation risk.
Timothy Howe, the city’s director of community development, told the council that recent public-law developments — including a U.S. case about government exactions and a recent settlement in East Palo Alto — show courts are scrutinizing city requirements that require developers to provide affordable units or pay in-lieu fees. “The case law suggests that a case-by-case or project-by-project nexus…
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