Saturday, September 12, 2015

Affordable Housing Lawsuit Challenges Chicago’s Ordinance

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.

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