Manual Helps Builders Fight Inclusionary Zoning Battles

A new policy manual is available to NAHB members who find themselves battling inclusionary zoning ordinances at a time when they are appearing with increasing frequency in communities looking for an easy and expedient fix for their affordable housing problems.

NAHB’s “National Survey of Statutory and Case Law Authority for Inclusionary Zoning — Policy, Practical and Legal Challenges to Inclusionary Zoning: A Resource Manual” is geared to home builders, developers, local home builders associations and communities grappling with the issue of housing affordability.

The NAHB guide includes a comprehensive list of critical policies association members can adopt and questions they can ask in response to any proposed inclusionary zoning ordinance.

The resource manual discusses 45 practical issues that any inclusionary zoning ordinance must consider in order for it to be fair and effective. The report concludes that inclusionary zoning is a complex market intervention and that local governments should be fully informed and carefully evaluate whether it constitutes sensible policy before they move ahead to adopt it.

The manual includes a limited case law summary as well as a helpful review of statutory authority for inclusionary zoning, identifying how various states enable this approach to be used.

NAHB has retained nationally known consultants to research:

• Whether enabling authority is required for adopting these ordinances
• Whether inclusionary zoning is effective in meeting affordable housing needs
• Whether there are negative economic consequences of this approach
• What incentives and other provisions builders should seek to have included in these ordinances if they cannot defeat them
• What other approaches are being used as alternatives to inclusionary zoning

Results of the research are expected to be available by the end of this year.

Resources are also available to association members in NAHB’s “Housing Affordability Toolkit,” which was recently updated.

For more information, e-mail Debbie Bassert at NAHB, or call her at 800-368-5242 x8443, or contact Ed Tombari, x8309.