Tuesday, April 25, 2017

The Tennessean reports, Nashville sued over new affordable housing law.

by Joey Garrison , USA Today Network - Tennessee -Metro Nashville was hit with a highly anticipated lawsuit on Monday by the free market think-tank Beacon Center of Tennessee over a new Metro policy that is aimed at jump-starting more affordable housing. 

"We are filing this lawsuit not just because we disagree with this 'affordable housing' plan, but because Nashville is acting unconstitutionally and in defiance of state law," Braden Boucek, director of litigation for the Beacon Center, said.

"Tennessee has expressly told cities they cannot pass these sorts of laws, which makes Nashville's mandate on 'affordable housing' both illegal and unconstitutional. Cities are not independent and cannot pick and choose what laws they want to follow."

But supporters of the ordinance, including bill sponsor Councilwoman Burkley Allen, have argued that the policy is a voluntary inclusionary zoning policy based on development incentives and not a mandate because the requirement is only triggered when a developer chooses to apply for new development rights. (link)

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