Professor Frank Publishes Op-ed on California Supreme Court Low-Income Housing Ruling

Professor of Environmental Practice Richard Frank published an op-ed on the California Supreme Court's recent ruling in California Building Industry Association v. City of San Jose, a case concerning the constitutionality of San Jose's affordable housing programs. Frank's article, which appeared in the Daily Journal on June 24, provides background on the issues involved and suggests what the ruling may mean for environmental cases pending on the Court docket.

San Jose's affordable housing program, which required developers to include in their projects housing for low- and moderate-income residents, had been challenged by the Building Industry Association, which claimed that such requirements violate property owners' constitutional rights.  Last month, the California Supreme Court ruled unanimously in favor of the affordable housing program, holding that such programs serve a legitimate public interest in alleviating chronic housing shortages. As the first environmental/land-use opinion issued by Chief Justice Tani Cantil-Sakauye '84, the ruling continues a trend of the Court demonstrating "a moderately 'pro-environment' philosophy in its decisions," Frank writes.

"That's an important signal given the Court currently has on its docket an unprecedented number of important environmental and land-use cases," Frank suggests.

Frank, a 1974 graduate of King Hall, is a leader in the field of environmental law and the founding Director of the California Environmental Law and Policy Center at UC Davis School of Law.