Reply to MoCo “Attainable Housing” plan and property values

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]Are we sure this won't override neighborhood protective clauses? That is how they're pushing this through in some NE towns. I can't find information about that anywhere.[/quote]

This. It is unclear if the county will be forced to comply with a municipality who has stricter zoning laws.  Our understanding is that they might be able to override those and make multi unit housing on SFH zones area. And yes, this is developer’s dreams. [/quote]

Municipalities and states generally don't have the legal authority to override protective covenants established by private parties that prevent the subdivision of lots or multifamily housing. This will likely be overturned by federal courts because it is generally not permissible to invalidate contracts that were legally valid at the time they were established. They likely can ban the establishment of new protective covenants with certain conditions though. [/quote]

I am certain that MOCO will sue these neigborhoods into oblivion to get what they want.  The good thing is the county cant do anything quickly except road diets, so you literally may have to wait a decade or more before the lawsuits and then possibly developers even start.  [/quote]

They literally cannot do this and there is no way this would be legal at the state level. Even if they try to strong arm single family residential neighborhoods in repealing covenants/HOA bylaws, it usually requires a supermajority to do this. No one will bother to go court over state rules restrict hanging clothing on yards in peoples yards, but people will definitely sue the county/state over a ban on single family neighborhoods. There is no way that 2/3rds of existing property owners in most neighborhoods will consent to this and a  county lawsuit to invalidate covenants will only create more community opposition repealing them. There would likely be an injunction on this law for the entire impacted area until the courts rule on it. I would be very surprised if federal courts don't overturn these laws invalidating protective covenants. Invalidating protective covenants (that were legally valid at the time of establishment) would potentially have much wider implications on things outside of housing like irrevocable trusts, conservation easements, and voluntary proffers on rezoning applications. [/quote]

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