Some Council Members, City Attorney See Problems With Requiring Developers To Include Moderate, Low-Income Units

Tuesday, September 11, 2012

Leaders of the Westside Community Association on Tuesday asked the City Council to require developers to include some moderate and low-income units in new projects in the urban overlay zoning area.

City Council members Andrae McGary and Russell Gilbert asked City Attorney Mike McMahan to draw up an ordinance to that effect. 

Attorney McMahan said he would, but he said such a requirement was fraught with legal problems. However, he did say some communities across the country have found a way to have such requirements.

Councilwoman Sally Robinson said she believed the council "would be on thin ice" with such a requirement and it may put the city into court.

Councilman Jack Benson said there have been a number of court rulings against such restrictions. 
  


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