Legal opinion on inclusionary housing in-lieu payments

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.