ASSESSING THE VALIDITY OF LINKING PROGRAMS: A CASE STUDY OF DESTIN, FLORIDA'S INNOVATIVE ATTAINABLE WORKFORCE HOUSING PROGRAM

摘要

A linkage program meant to increase workforce housing is likely to withstand a legal challenge. A challenger will be unable to show that the local government does not have the authority to regulate affordable housing. If courts cannot find a statutory authority for such action, they traditionally hold that the zoning stems from the municipality's police power. Likewise, an ordinance like the one in Destin will likely withstand an equal protection challenge because the classification it creates is rationally related to the government's legitimate purpose of providing affordable housing. Based on similar reasoning, a challenger will also likely lose on substantive due process grounds. Finally, a court will likely find that an ordinance like the one in Destin does not constitute a Fifth Amendment taking.