RECENT CALIFORNIA DECISIONS

October 2009

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Second District Holds Los Angeles’ Inclusionary Housing Requirements Violate Costa-Hawkins Rental Housing Act
Palmer/Sixth Street Properties, L.P. et al. v. City of Los Angeles

The Second District Court of Appeal affirmed a Superior Court decision that precluded the City of Los Angeles from enforcing a mandatory affordable housing requirement on the development of residential and mixed-use development projects. The court concluded that, as applied to the mixed-use project at issue in the case, the city’s affordable housing requirement conflicted with, and was therefore pre-empted by, the rent control provisions of the California Costa-Hawkins Rental Housing Act.