PLF CHALLENGES COTATI'S "INCLUSIONARY" PRICE CONTROLS OF NEW HOMES

Cotati, CA; July 31, 2008: The City of Cotati is violating the U.S. Constitution by trying to force a homebuilder to provide residential housing at government-controlled, below-market prices, according to a lawsuit announced today by Pacific Legal Foundation, the nation’s leading legal watchdog for property rights.  

The City’s demand is based on its “inclusionary zoning” ordinance that requires homebuilders to set aside units for “affordable” housing or pay a fee to finance housing subsidies.

The lawsuit also includes federal and state wildlife agencies as defendants, and challenges requirements that the plaintiff dedicate land for salamanders.

PLF attorneys represent Michael Mead, who applied for a permit to build eight residential units on a vacant parcel he owns.  The City presented two conditions as the price of approval:

• First, he must either price two of his units at “affordable” below-market levels, or pay the City an exorbitant sum for housing subsidies.
• Second, he must dedicate land off-site for a salamander that the City claims would be affected by his building plans – even though no salamander has been found on or near the project site.

“Government is forcing a few property owners to pay for programs that should be paid by all taxpayers,” said PLF Principal Attorney Meriem Hubbard.  “The City is trying to extort property or money from Mr. Mead.  The Fifth Amendment of the U.S. Constitution says government can’t abuse the permit process to extort money or private property.  Bureaucrats can’t demand payments or concessions from the property owner that have no connection to the project’s impact on public facilities.”

“The City is trying to force Mr. Mead to subsidize affordable housing even though, by adding eight residential units to the City’s housing supply, he’s already doing his part to make housing more affordable,” Hubbard continued.

“The land-for-salamander condition is particularly onerous,” said Hubbard.  “The government hasn’t offered any credible, individualized analysis of Mr. Mead’s project that would justify this demand.”

The complaint may be found at PLF’s Web site: www.pacificlegal.org.

About Pacific Legal Foundation
Pacific Legal Foundation (www.pacificlegal.org) is the oldest and most successful public interest legal organization that litigates for property rights, limited government, and a balanced approach to environmental protection, in courts across the country.