Housing Industry News Vol. 2 Issue 3 - September 2018

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HOUSING INDUSTRY NEWS

INSIDE New Construction Stormwater Permit Now in Effect [PG. 4] Is the Housing Market Shifting? [PG. 10]

NEWS AND INFORMATION FOR HOME BUILDERS AND REMODELERS BY HOUSING FIRST MINNESOTA • HOUSINGFIRSTMN.ORG

VOL. 2 ISSUE 3, SEPTEMBER 2018

Impact Fees Struck Down by Supreme Court Harstad v. Woodbury: A Landmark Victory For Housing Affordability, Industry

Harstad v. Woodbury decision to have major impact on housing affordability

The Minnesota Supreme Court issued a landmark decision that is a major victory for the housing industry and housing affordability. In its much-awaited decision in the Harstad v. Woodbury case, on Aug. 15 the Court upheld 20 years of legal precedent, saying cities have limited authority to tax new housing developments. In the Court’s ruling, Justice G. Barry Anderson wrote: “Put another way, the pearl of great price here is approval of the subdivision agreement. A developer who fails to make a ‘voluntary’ payment in an

amount Woodbury finds acceptable faces the prospect of denial of the subdivision application. The infrastructure charge is thus a requirement and Harstad is correct that there is nothing voluntary about it.” The ruling is welcome news to Minnesota’s housing industry, as these fees increase the cost of new homes by thousands of dollars. “Housing First Minnesota commends the Minnesota Supreme Court for its ruling and the positive effect it will have for homeowners,” said David Siegel, executive director of Housing First Minnesota. “This

decision provides much-needed clarity on cities’ illegal fees, which add to the housing affordability crisis.” The City of Woodbury told media outlets it is “interpreting the decision, gathering information and evaluating our next steps.” Twin Cities developer and Housing First Minnesota member Marty Harstad sued the City of Woodbury in 2016 contending the city’s Major Roadway Assessment (MRA) fees, which are used to pay for traffic-related improvements throughout the city, were not permitted under state

“Put another way, the pearl of great price here is approval of the subdivision agreement. A developer who fails to make a ‘voluntary’ payment in an amount Woodbury finds acceptable faces the prospect of denial of the subdivision application. The infrastructure charge is thus a requirement and Harstad is correct that there is nothing voluntary about it.” Justice G. Barry Anderson law. The city was withholding approval of his 183-home project unless he consented to the city’s $1.4

million MRA fees. Washington County Court sided with Harstad CONTINUED >> PAGE 3

Governor’s Task Force Report: More New Housing Needed

2960 Centre Pointe Drive Roseville, MN 55113 HousingFirstMN.org

HOUSING INDUSTRY NEWS

homes by 2030, create a regulatory review panel and address the industry-wide labor crisis. “The Governor’s Task Force on Housing took an important first CONTINUED >> PAGE 3

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PRSRT STD U.S. POSTAGE PAID PERMIT # 93652 TWIN CITIES, MN SIGN UP TO BE A PART OF THE HOUSING MOVEMENT • HOUSINGFIRSTMN.ORG

The Governor’s Task Force on Housing Affordability released its report titled “More Places to Call Home: Investing in Minnesota’s Future” on Aug. 21. Leading the recommendations included in the report is a call to build 300,000 new

HOUSING INDUSTRY NEWS

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Housing Industry News Vol. 2 Issue 3 - September 2018 by Housing First Minnesota - Issuu