Cracking the Foundation: Highlighting and Criticizing the Shortcomings of Mandatory Inclusionary Zoning Practices

Abstract

This Comment will discuss affordable housing basics, inclusionary zoning fundamentals, mandatory program deficiencies, and a proposed solution. Part II lays down the historical foundation of affordable housing, as well as the emergence of inclusionary zoning. Part III explains inclusionary zoning basics and analyzes the legal challenges against this type of affordable housing technique. Part IV analyzes mandatory inclusionary zoning ordinances and concludes that they are in fact exactions that require a heightened scrutiny, and the programs in operation today fall short both constitutionally and of their intended purpose. Part V presents a possible program that avoids all the pitfalls associated with the current mandatory inclusionary programs. Part VI concludes the Comment.