Legal opinion on inclusionary housing in-lieu payments
01 January 2024
Cities Support Programme (CSP), Development Action Group (DAG), Lincoln Institute of Land Policy
English
uKESA Librarian 2, Claudia Hitzeroth
Report
Africa
This report titled Legal opinion on inclusionary housing in-lieu payments (PDF, 3.87 MB) discusses the concept and implementation of inclusionary housing, a municipal planning tool requiring private developers to provide affordable housing in new residential or mixed-use developments. This can be achieved through on-site affordable units, off-site units, or financial contributions to an affordable housing fund (fees-in-lieu). The report focuses on the legal implications of the fees-in-lieu option, examining whether such payments could be legally classified as a tax. It emphasises that these contributions are not meant to generate city revenue but to ensure the provision of affordable housing, particularly in cases where on-site or off-site options are impractical. The report also offers a legal opinion on various issues related to the fees-in-lieu requirement.
Abstract based directly on original source.
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