Affordable Housing Initiative Challenged

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An Illinois construction worker has alleged that Measure JJJ, an affordable housing initiative approved by nearly two-thirds of city of L.A. voters in November, is unconstitutional because its local hiring provision discriminates against out-of-state competitors.

The claim was made in a lawsuit filed in U.S. Central District Court this month by Jim Luke, the construction worker, and the Golden State Environmental Justice Alliance, a Riverside nonprofit whose website says it is dedicated to fighting on behalf of citizens victimized by “corporate and municipal social and environmental deficiencies and hazards.”

Measure JJJ, also known as the Build Better L.A. initiative, requires developers of certain projects to make a percentage of the units affordable to lower-income residents or pay a fee to fund affordable housing and enforce laws that protect renters. It applies to development projects with at least 10 residential units that require either a general plan amendment or other zoning changes.

“The initiative thus provides an unconstitutional incentive for private contractors to discriminate in hiring construction workers against out-of-state residents,” the lawsuit says.

The suit alleges a violation of the commerce clause of the Constitution and seeks to have the measure voided.

Rusty Hicks, executive secretary-treasurer of the Los Angeles County Federation of Labor, which placed Measure JJJ on the ballot, said in a statement that “The Los Angeles City Attorney prepared the legal analysis for Prop JJJ and never raised this issue.”

A spokesman for Los Angeles City Attorney Mike Feuer said the office does not comment on pending litigation.

Key to the lawsuit is another provision of JJJ: a requirement to offer at least 30 percent of work hours on these projects to city residents, with 10 percent coming from those living within five miles of the project.

Similar local hiring provisions can be found in agreements between the city and developers of projects receiving public funds or benefits. Such rules also are the centerpiece of project labor agreements established for public work projects conducted by city agencies.

The measure was originally a response by the labor federation to the prospect of another initiative, the anti-development Neighborhood Integrity Initiative, but backers of that measure opted to place it on the ballot in March instead of November. Voters rejected that initiative by a 69 percent margin.

– Howard Fine

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