WASHINGTON (Legal Newsline) — District of Columbia Attorney General Karl A. Racine announced Feb. 15 that his office has won a case against a developer that challenged the constitutionality of the district’s inclusionary zoning (IZ) program.
“Ensuring that district residents have access to affordable housing is
among our top priorities at the Office of the Attorney General,” Racine said. “The district’s inclusionary zoning program
helps to ensure that people of all income levels — including our teachers and
first responders — can continue to call our city home. We are committed to
using all of the tools in our toolbox to protect affordable housing through
this law and any other legal means at our disposal.”
program promotes affordable housing, mandating that 8-10 percent of
residential floor area in new developments be used for affordable units. In a
case against the state, a developer argued the program was
unconstitutional. A federal judge rejected the developer’s argument, holding
that the program does not constitute an unconstitutional government action.
“I want to recognize the hard work of assistant attorney general Andrew Eberle, who gathered the extensive evidence needed to defend the
IZ program and did an excellent job briefing these complicated issues, as well
as all the other OAG staff who worked to support this litigation over the past
four years,” Racine said.