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3. New Inclusionary Housing Policies California Apartment Association, and other opponents Have Become Harder to Pass were able to convince even moderate Democrats to vote against it.41 While most inclusionary policies remain on the books, the market decline has made it more difficult for Challenges to new inclusionary policies also have a legal advocates promoting inclusionary housing to pass new dimension in California. As discussed above,the Palmer policies—particularly in areas that are not experiencing decision upended efforts to pass a new inclusionary major upzonings or new transit investments. (These policy in Los Angeles. Furthermore, a second recent settings may actually make it easier to pass new policies, decision — Building Industry Association of Central as discussed later under New Opportunities.") California vs. City of Pattersor (2009) — has created some confusion about what kincl of study is necessary to Concerns about the strength of the housing recovery justify fee-centered or other inclusionary requirements, also appear to have undermined efforts to build and has given litigants a new angle for challenging momentum in California for a legislative "fix" to the new or recently amended policies.42 For example, the Palmer decision since it was issued in 2009. A. state CBIA successfully sued the city of San Jose in 2012, senate bill designed to override the Palmer decision(SB preventing it from rolling out a new inclusionary policy 184)failed to make it through the Senate this past year. set to begin in 2013.The lower court's decision has been The California Building Industry Association (CBIA), the appealed, but the outcome is uncertain.43 EAH rousing Edgewater Place in Larkspur(CA)is a 28-unit,100 percent affordable rental development built by EAH Housing on land dedicated by an adjacent condo developer.The dedication allowed for double the number of affordable units required under the policy by combining the land with funding from other sources,including the county's housing trust fund. r t -t � � 'ti 'L TSB% 3 E ss e ge � 1 a