In a 5-4 decision in Texas Department of Housing and Community Affairs v. Inclusive Communities Project, Inc., the U.S. Supreme Court upheld the use of disparate impact analysis in Fair Housing Act claims.
Continue Reading Disparate Impact Liability Survives U.S. Supreme Court Review
Litigation
California Supreme Court: Mandatory Affordable Housing Requirements Are Valid Land Use Regulations
Last week, in a case with national significance for multifamily housing developers, housing advocates, and local governments, the California Supreme Court upheld the City of San Jose’s inclusionary housing ordinance.
Continue Reading California Supreme Court: Mandatory Affordable Housing Requirements Are Valid Land Use Regulations
U.S. Supreme Court Deals Significant Setback for Local Governments in Sign Case
Regulating signs in a content neutral manner satisfying First Amendment limitations may become more difficult for local governments following today’s U.S. Supreme Court decision in Reed v. Town of Gilbert. In today’s opinion, all nine Supreme Court justices agreed that the Town of Gilbert, Arizona’s sign code failed the First Amendment’s content neutrality requirement, although the justices came to that conclusion in different ways.
Continue Reading U.S. Supreme Court Deals Significant Setback for Local Governments in Sign Case
Construction Defect Bill Dies in Committee
Last night, the democrat-controlled Colorado House State Veterans and Military Affairs Committee voted along party lines to kill Senate Bill 177.
Continue Reading Construction Defect Bill Dies in Committee
Update – Construction Defect and Affordable Housing Legislation in Colorado
Both sides of the political aisle have expressed interest in legislation to promote affordable housing and to correct what many believe is a problem with Colorado’s construction defects law that is preventing construction of condominiums in the Denver metro area. One option currently under consideration is Senate Bill 15-177.
As reported here by The Colorado…