The city of San Diego is challenging Superior Court Judge John Meyer’s May 24 ruling that the city’s affordable housing law is unconstitutional by filing a pair of motions that would allow the city to postpone changing its so-called inclusionary zoning ordinance for the time being.

The judge ruled that the city law requiring homebuilders to sell or rent 10 percent of a project’s homes at an affordable price or to pay a fee that goes toward the construction of affordable units elsewhere.

Charles Christensen, an outside attorney for the city, said the city’s best chance to keep the more than $7 million it has collected in in-lieu fees from builders is to contest the judge’s ruling before tweaking the otherwise legal law so that it complies with the court’s wishes. City Attorney Mike Aguirre had originally suggested that the city alter its existing law to address the judge’s ruling.

“We want to make sure we touch all the legal bases first,” said Christensen, who was hired by the City Council last Tuesday.

The hearings for both motions will be held July 14.


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