The Constitutional Price for Affordable Housing

The California Supreme Court held, in the landmark case California Building Industry Association v. City of San Jose, that the City of San Jose’s inclusionary housing ordinance is a valid exercise of the City’s police power. In the context of legal precedent, the California Supreme Court decided the case correctly by applying a lenient standard of review rather than a searching analysis because the ordinance was a legislative decision. Following an overview of legal precedent and analysis of the California Supreme Court’s decision, this Comment argues that the court’s holding weakens constitutional protections of private properties. This Comment calls for the end of the continued distinction between administrative and legislative policies because both actions warrant the same fears that merit a searching analysis to safeguard the constitutional protections of private properties.