SANTA FE, N.M. (CN) - Developers claim that a City and County of Santa Fe Affordable Housing Ordinance that requires them to allot 30% of the residences built on subdivided property to people whose incomes are 50% to 100% of the average area income is an unconstitutional taking. And they claim that an alternative, by which developers can pay the defendants money to waive the Affordable Housing Ordinance, is also unconstitutional, as the payment enables developers to elude other rules, such as density, which depreciates nearby properties.
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