Document Type

Article

Publication Date

2007

Abstract

The lack of affordable shelter for all of America's families often appears to be an immutable part of America's housing landscape. If the inclusionary housing regime in Las Vegas allowed local governments and developers any discretion in the decision to include affordable housing in a particular development agreement, the regime would have to establish an equivalent mechanism such as individual developer suits to check abuses of this discretion. A potential safeguard of effective affordable housing planning under development agreements could be the expertise of planners and other local government officials. Inclusionary housing requirements within development agreements ensure affordable housing issues are always in the forefront of development decisions and offer a fair check on the unlimited flexibility of this land use tool. While formally adding another party to the development agreement discussion could improve affordable housing outcomes, inclusionary housing provisions focus more directly on the affordable housing issue. Instead of focusing on development agreements as flexible land use devices or as the result of negotiations between developers and local government bodies, the author examines development agreements within the context of urban infrastructure provision and avoiding Constitutional exactions scrutiny.

Publication Citation

42 Wake Forest L. Rev. 419 (2007).