The Apartment Association of South Central Wisconsin filed a lawsuit Friday, challenging Madison's law that requires affordable housing units in all new housing projects.
Nancy Jensen, executive director of the association, told The Capital Times the city's inclusionary zoning ordinance is a form of rent control and violates a state law that prohibits localities from regulating the amount of rent charged in rental units.
George Twigg, Mayor Dave Cieslewicz's spokesperson, said \the ordinance was written carefully to avoid issues like this.""
Twigg added the mayor is a strong supporter of the law as written and is going to defend it.
City Council President Brenda Konkel, District 2, said The Apartment Association of South Central Wisconsin objected to the law at the time it was passed.
""We knew their concerns at the time,"" Konkel said. ""We believe that we had found a way to address them.""
According to The Capital Times, the lawsuit charges the city's inclusionary zoning ordinance causes ""uncertainty in the marketplace for the construction and financing of new rental apartment units and has therefore harmed and/or imminently threatened to harm the association and its constituent members.""
The association also charges that its members have ""been forced to accelerate projects, and/or have incurred damages-or will incur damages-resulting from the costs of complying with the illegal portions"" of the ordinance, according to The Capital Times.
The group also charges the inclusionary zoning ordinance is illegal because it limits the rents to be charged on inclusionary zoning units to an amount ""not to exceed 30 percent of the area median income of the tenant,"" according to The Capital Times.
Konkel said no inclusionary zoning rental units have been built since the ordinance went into effect Feb. 14, 2004, but 22 of the nearly 200 affordable housing units approved since last February are rental units.
The city has 45 days to respond in writing to the lawsuit, according to The Capital Times.
""We had the city attorney's office work to make sure we crafted a law that was legal,"" Konkel said. ""So we just disagree at this point.""
""The law is in effect and it is working,"" Twigg said. ""It is unfortunate that this group is trying to make it harder to find affordable housing here in Madison.\
