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Similarly,the perpetuation of inclusionary housing policies nationwide that were overturned during the past five
<br /> in New Jersey reflects the strength of New Jersey's Fair years. And while the city of Denver's policy is still on the
<br /> Housing Act. This landmark law recognized inclusionary books, it faces serious challenges from Developers and
<br /> set asides, coupled with higher-density rezoning, as local elected officials concerned about problems that arose
<br /> essential steps for creating "realistic opportunities" for during the downturn,such as foreclosures of some poorly
<br /> the development of a municipality's fair share of affordable monitored inclusionary units and resale difficulties in
<br /> housing. Accordingly, these mechanisms have become certain neighborhoods.28 Without a stronc state backstop
<br /> important23 means by which a municipality can gain that requires local efforts to provide affordable housing,
<br /> certification from the New Jersey Council on Affordable the outcome of these discussions is uncertain.
<br /> Housing for its local housing plan.24 This certification, in
<br /> turn, grants a local government valuable immunity from
<br /> "builder's remedy" lawsuits filed by developers.25 Inclusionary Policies Survived,
<br /> but Most Inclusionary Production
<br /> Inclusionary housing also interfaces in important ways Stalled During the Market Downturn
<br /> with state housing policy in Massachusetts. Under the
<br /> state's Comprehensive Permit Law (often referred to as While most policies survived the housing downturn
<br /> 40B), municipalities can obtain temporary "safe harbor" nationwide,few saw much inclusionary hosing production
<br /> from appeals by developers to override local zoning if the over the past five years. This exposes one of the key
<br /> jurisdiction can get its Housing Production Plan certified weaknesses of inclusionary housing as an affordable
<br /> by the state Department of Housing and Community housing production strategy–its dependence on market-
<br /> Development (DHCD) and make regular progress toward rate development. When private housing development
<br /> achieving a 10 percent affordable housing stock.26 comes to a halt,so does inclusionary production.
<br /> Inclusionary housing has provided a means to work
<br /> toward this 10 percent goal, though the Massachusetts We can find exceptions in the strongest housing markets
<br /> DHCD has not been as explicit in its support for mandatory where market-rate development continued during the
<br /> inclusionary housing policies as New Jersey or California.27 recession,albeit at a slower pace.Policies in the Washington,
<br /> DC,metropolitan area and New York City together produced
<br /> Colorado provides an interesting contrast to these three more than 1,200 inclusionary units during the national
<br /> states. There is no similar policy at the state level that housing downturn.29 But the resumption of inclusionary
<br /> creates an incentive for local jurisdictions to adopt an housing production has been more tentative in moderately
<br /> inclusionary housing policy. This may have left local strong markets, and has been largely confined to
<br /> policies more vulnerable to elimination or change in municipalities that apply their policy to rental development,
<br /> recent years. Indeed, policies in the cities of Longmont which excludes many California and Colorado communities,
<br /> and Lafayette were among the handful of ordinances as discussed in greater detail below.
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<br /> Business and Protessioral People for the Public Interest
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