Opinion: U.S. Supreme Court handed California a chance to lower housing costs

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Ruling gives state lawmakers an opening to look at how housing impact fees are imposed and how they can be challenged.

, reform may be on the way that could help ease California’s worsening housing crisis. But critical unanswered questions from the ruling could also lead to an unproductive morass of litigation — something state legislation could avert.

Left unanswered is how the decision should be interpreted and implemented. It critically does not answer when fees can be challenged, because current law only allows 120 days for this, which can be years before a developer knows they will have a project. Nor does it answer what to do in a situation where a fee is too high, seemingly indicating that no fee at all should be paid in that situation, rather than a lower one.

 

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