The U.S. Supreme Court on Monday turned away a legal challenge to a San Jose affordable housing law, leaving intact the city's effort to address the exploding cost of housing in Silicon Valley.
The justices declined to hear the building industry's appeal of a ruling last year by the California Supreme Court upholding San Jose's law. In a brief opinion, Justice Clarence Thomas observed that the law on the issue remains "unsettled" and needs Supreme Court guidance but agreed with the vote to reject the appeal because the San Jose case had technical legal problems that may prevent reaching the core questions.
The case involved a legal challenge to a San Jose law that would require housing developers to include affordable, below-market priced units for low-income buyers on any new projects within the city. The building industry sued to block enforcement of the so-called "inclusionary housing" law several years ago.
In its appeal, the building industry argued that San Jose's law and others like it across California violate federal constitutional protections against the "taking" of private property. The Pacific Legal Foundation, a conservative Sacramento group representing the industry, pressed the fight to the nation's high court.
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"The rights of all property owners were dealt a blow today, as San Jose's punitive treatment of homebuilders was allowed to stand," Brian Hodges, a foundation attorney, said. "It is