In an article published on April 17, 2019 in Law360, Steven Gillespie and Patrick Schneider provide insight into an inclusionary zoning scheme, called Mandatory Housing Affordability, recently implemented by the Seattle City Council citywide. Since 2017, this scheme has governed the city’s densest areas, including Downtown, Uptown, South Lake Union, and the University District, and after the 9-0 vote, it will now apply in the other 27 urban centers and villages throughout the city. The article discusses the legislation, which goes into effect on April 19, 2019, and its legality.
“Seattle is not the first jurisdiction in Washington state to adopt an inclusionary zoning scheme such as MHA…However, Seattle is by far the largest city in the state and has the most active development community,” said Gillespie and Schneider, adding that the amount at stake for developers and the community is higher in Seattle, which may increase the incentive to file suit. “Depending on the issues presented, an appeal might go to the state Growth Management Hearings Board or straight to superior court.”
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