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Real Estate/Development

Dec. 24, 2016

Density Bonus Law could lead to less affordable housing

The requirement of replacement of affordable or rent-restricted units on a one-for-one basis in order for a developer to obtain the density bonus incentive does nothing to add to the number of affordable units on the marketplace. By Joan S. Smyth and Edward Kang

Joan S. Smyth

By Joan S. Smyth and Edward Kang

California's Density Bonus Law (Government Code Section 65915 et seq.) was enacted in 1979 and is aimed at addressing the shortage of affordable housing in California. See Latinos Unidos Del Valle De Napa Y Solono vs. County of Napa, 217 Cal. App. 4th 1160, 1164 (2013). "Although application of the statute can be complicated, its aim is fairly simple: When a developer agrees to construct a certain percen...

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