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This paper summarizes the recent Patterson and Palmer cases and describes their effect on Inclusionary Housing Programs. It also explains the various characterizations of inclusionary ordinances as either exactions, rent and price controls, or police power land use ordinances. Finally, it discusses alternative strategies for modifying inclusionary ordinances to meet the current legal landscape and the numerous associated issues raised by the cases.

This memorandum by the Public Interest Law Project considers a variety of options for continued implementation of local inclusionary laws in light of recent court cases.