In 2022, the Builders Association of Metropolitan Pittsburgh (BAMP) filed a complaint against the City of Pittsburgh's Inclusionary Zoning ordinance, claiming IZ violates the takings clause of the 5th Amendment of the US Constitution. This complaint has been amended and argued back and forth over the years, but this spring Walnut Capital and a property owner on Fifth Avenue joined the suit, claiming specifically that the enforcement of IZ in Oakland must be halted. OPDC joined with Lawrenceville United, Bloomfield Development Corporation, Polish Hill Civic Association, Hill District Consensus Group and the Fair Housing Partnership of Greater Pittsburgh to file an amicus brief in support of the City. On Monday, Judge Colville delivered a memorandum opinion granting the City's motion to dismiss the case and denying BAMP's motion for a preliminary injunction against IZ.
This is great news! Inclusionary Zoning is working in Oakland: projects are moving forward that will deliver more than 100 affordable rental units here in the next few years, increasing economic diversity and opportunity close to transit, jobs, education, cultural and other amenities. IZ obviously won't solve our affordable housing crisis on its own - but it's an important tool for building a more inclusive and vibrant Oakland, and we're celebrating this reaffirmation this week.