In recent years, courts in a number of states have thrown out inclusionary housing requirements (also known as inclusionary zoning) because they believed it conflicted with state rent control laws. In response, many cities have stopped enforcing their rental inclusionary zoning requirements. This is a significant concern because inclusionary housing was the major tool for creating new affordable housing in many communities. While state laws may present challenges, there are ways cities can respond. Options include charging affordable housing impact fees, signing development agreements and utilizing third parties, like Housing Authorities, which (depending on the state) are not affected by rent control laws. Please join us for an online conversation with industry experts to hear about these different options and their implications for policy and practice.
Curtis Banks, Community Development Department Director, Foster City, CA
Barbara E. Kautz, Partner, Goldfarb & Lipman LLP
Barbara E. Kautz is a partner with Goldfarb & Lipman LLP and practices in the areas of inclusionary housing, land use, CEQA compliance, and affordable housing. She is the co-author, Local Government Financing Powers and Sources of Funding, in ABA Legal Guide to Affordable Housing (2005, update 2011) and author of In Defense of Inclusionary Zoning: Successfully Creating Affordable Housing, 36 U.S.F. Law Review 971 (2002); and is a frequent speaker on inclusionary housing issues. Prior to joining Goldfarb & Lipman, she was the Community Development Director and Assistant City Manager for the City of San Mateo and was responsible for managing the planning, redevelopment, housing, and building operations of the city. She serves on the Advisory Board for the California Real Property Journal and the Municipal Law Handbook and is a Fellow of the American Institute of Certified Planners. She formerly served on the Board of Directors for the League of California Cities and the American Planning Association California. Ms. Kautz received her law degree summa cum laude from the University of San Francisco, holds a Master of City Planning degree from the University of California, Berkeley, and is a Phi Beta Kappa graduate of Stanford University.
Michelle Allen, Senior Housing Planner, Boulder, Colorado
A City of Boulder planner for over fourteen years, Michelle has extensive experience in developing and implementing Boulder’s Inclusionary Housing Ordinance and related policies including technical assistance to developers, deed restricted covenants, cash-in-lieu of affordable units, and affordable pricing. Michelle has a BA in Environmental Design and a MA in Urban and Regional Planning both from the University of Colorado and is currently the chair of the Planning Board in her hometown of Lyons Colorado.
Michael Lane, Policy Director, Non-Profit Housing Association of Northern California
Michael Lane has an extensive background in public policy, legislation, politics and campaigns. Prior to joining NPH, he worked at Self-Help Enterprises, the oldest and largest nonprofit developer of affordable self-help housing in the nation. In this capacity, he worked on government and media relations and local, state and federal housing policy, legislation, regulations and funding. Michael has significant experience working with financial institutions, foundations and other funders. He served as a regional whip on the successful 2002 Proposition 46 and 2006 Proposition 1C statewide housing bond campaigns. He also serves on the board of directors for Housing California and the board of governors for the California Housing Consortium. Michael has worked in local government and held elective office as a school board member and city council member.
Joshua Abrams, Consulting Project Manager, Cornerstone Partnership (Moderator)
Joshua Abrams has over ten years of policy planning experience, serving as project manager on assignments in the areas of housing, land use planning, long-range comprehensive planning, and public participation. Josh has a strong technical planning background and brings analytical skills including creating pro formas, population projections, and statistical analysis. He is a writer and editor, with an emphasis on packaging technical information so that it is accessible to a wide audience. Josh is helping develop and test an assessment tool for inclusionary housing programs around the country. Joshua also teaches works with universities, local governments, businesses, and nonprofits to both teach dispute resolution and to address actual conflicts.