A shaky amicus tactic did not keep the City of West Hollywood, California, from successfully persuading the U.S. Supreme Court on Monday to leave in place the city’s regulations requiring developers to subsidize low-income housing.
The justices denied certiorari in 616 Croft Ave. v. City of West Hollywood, a challenge to the city’s “inclusionary zoning” policy that required builders of an 11-unit condominium in 2011 to pay a $540,393.28 “affordable housing fee” to help subsidize construction of low-income housing elsewhere in the city. In some instances, builders instead are required to sell 20 percent of their units at below-market prices.
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