A brand new lawsuit takes intention on the metropolis of Cambridge’s inclusionary zoning ordinance, with plaintiffs arguing that it unlawfully requires actual property builders to give up their constitutional land use rights.
The Pioneer New England Authorized Basis filed the go well with in state Land Court docket Tuesday on behalf of developer Columbia St, LLC. The go well with challenges an ordinance that requires any property proprietor searching for a constructing allow for a challenge of 10 models or extra to completely put aside 20% of the sq. footage for inexpensive housing.
Town first handed its ordinance in 1998 and amended it with the 20% provision in 2017. Greater than 1,100 models of inexpensive rental and possession housing have been accomplished or are beneath building as a result of program, in accordance with town.
“With an emphasis on creating affordable units on-site as part of new residential developments, the Ordinance has become a model for other communities in high cost areas looking to create affordable housing for low and moderate-income residents and ensure the socioeconomic diversity of the community is reflected in new housing,” town of Cambridge says on its web site.
The inspiration says that current U.S. Supreme Court docket selections affirm {that a} metropolis could require builders to pay cash or donate actual property as a situation of acquiring a constructing allow, however argues that those self same selections additionally “make clear that a municipality may impose such conditions only if it can present solid evidence that the specific project will worsen the problem the municipality seeks to address.”
“For an ordinance designed to address the shortage of affordable housing, the city would have to show that this project will, in some way, make the shortage worse. In this case, Pioneer alleges in its complaint that the city cannot make that showing. To the contrary, the project will more than triple the amount of livable square footage on the property. It reduces the housing shortage; it does not exacerbate it,” the muse stated.
“Cambridge is unfairly singling out real estate developers to bear the cost of solving the city’s affordable housing problem,” basis president Frank Bailey stated in a press release. “Real estate developers did not create the housing shortage. It is a result of a lot of factors – primarily not building enough new housing to keep up with population growth.”
The plaintiffs say that beneath town ordinance, a developer who builds and sells condominium models should comply with promote 20% of the sq. footage at roughly 75% under market value.
“We recognize the importance of building affordable housing,” basis legal professional Paul Johnson stated. “But the cost should be shared equally by the community as a whole. We should not impose what is essentially a tax on new development to pay for affordable housing.”
In keeping with the lawsuit, Columbia St, LLC owns 5 buildings on Columbia Avenue in Cambridge with roughly 18,000 sq. ft and 20 market fee rental models. The older buildings want important repairs, “rendering continued operation of the property in its current condition economically unfeasible,” the go well with says.
Columbia is considering a $57 million redevelopment plan that includes establishing an 89,500 gross sq. foot residential condominium.
