@article{ART002166011},
author={JEONG, HA MYOUNG},
title={The affordable housing policy and regulatory takings in the U.S.},
journal={Public Land Law Review},
issn={1226-251X},
year={2016},
volume={76},
pages={45-60}
TY - JOUR
AU - JEONG, HA MYOUNG
TI - The affordable housing policy and regulatory takings in the U.S.
JO - Public Land Law Review
PY - 2016
VL - 76
IS - null
PB - Korean Public Land Law Association
SP - 45
EP - 60
SN - 1226-251X
AB - To meet the housing crisis, the city of San Jose, California, enacted a housing ordinance that compels all developers of new residential development projects with 20 or more units to reserve a minimum of 15 percent of for-sale units for low-income buyers. Many cities are to providing affordable housing for their low-incomes residents in the U.S. According to San Jose Municipal Ordinances, those units must be sold to these buyers at an affordable housing cost-a below market price that cannot exceed 30% of these buyers’ median income. The California Building Industry Association sued to enjoin the ordinance and argued it was unconstitutional regulatory takings. A California state trial court agreed with the petitioner’s arguments and enjoined the ordinance. The Court of Appeal reversed, and the Supreme Court of California affirmed the Court of Appeal’s decision, however.(61 Cal. 4th 435, 351 P.3d 974 (2015)). The Supreme Court of the United States denied the petition for writ of certiorari on Feb. 29, 2016. Therefore, the Supreme Court of California’s decision would be final on the issues. The affordable housing ordinance is not regulatory takings according to the U.S. Constitution and the case laws. The Korean government also had enacted the Housing Size-limit Regulation to address the housing crisis since 1978. In 2014, the Korean government lift it because the housing market conditions was changed. The numbers of one person household has been increased dramatically and the needs of big size housing has been decreased. The supply of small size housing became abundant regardless of the regulation. According to the Supreme Court of California’s decision, the re-introducing of Korean style affordable housing policy would be constitutional.
KW - Housing Size-limit Regulation;affordable housing policy;housing crisis;stabilize market price;regulatory takings;price ceiling
DO -
UR -
ER -
JEONG, HA MYOUNG. (2016). The affordable housing policy and regulatory takings in the U.S.. Public Land Law Review, 76, 45-60.
JEONG, HA MYOUNG. 2016, "The affordable housing policy and regulatory takings in the U.S.", Public Land Law Review, vol.76, pp.45-60.
JEONG, HA MYOUNG "The affordable housing policy and regulatory takings in the U.S." Public Land Law Review 76 pp.45-60 (2016) : 45.
JEONG, HA MYOUNG. The affordable housing policy and regulatory takings in the U.S.. 2016; 76 45-60.
JEONG, HA MYOUNG. "The affordable housing policy and regulatory takings in the U.S." Public Land Law Review 76(2016) : 45-60.
JEONG, HA MYOUNG. The affordable housing policy and regulatory takings in the U.S.. Public Land Law Review, 76, 45-60.
JEONG, HA MYOUNG. The affordable housing policy and regulatory takings in the U.S.. Public Land Law Review. 2016; 76 45-60.
JEONG, HA MYOUNG. The affordable housing policy and regulatory takings in the U.S.. 2016; 76 45-60.
JEONG, HA MYOUNG. "The affordable housing policy and regulatory takings in the U.S." Public Land Law Review 76(2016) : 45-60.
