The
Home Builders Association of Greater Chicago and Hoyne Development have jointly
filed a lawsuit against the City of Chicago, challenging the city’s affordable
housing ordinance, which requires residential developments of 10 or more units
needing zoning changes, or the city’s financial assistance, to include 10% of
the units built as affordable housing, or pay a fee of $100,000.00 per required
affordable unit not included in the development. Next month an amendment will
increase the in lieu fees up to a maximum of $225,000.00 per affordable unit
not built, depending on which of three city zones includes the proposed
development.
Plaintiffs
assert the ordinance takes their private property for a public use without just
compensation, but the city will vigorously defend the ordinance as an exercise of
its proprietary authority to impose fees for requested regulatory revisions.