Land Use & Zoning

A Pennsylvania municipality's zoning ordinance that prohibits all multi-family housing in the entire municipality may be challenged as:

AA valid exercise of police power
BExclusionary zoning in violation of Pennsylvania's fair housing goals and MPC provisions✓ Correct
CAcceptable since municipalities have absolute land use control
DOnly challengeable by the state, not private developers

Explanation

Pennsylvania courts have struck down exclusionary zoning — ordinances that effectively exclude all affordable or multi-family housing from a municipality. Under the MPC's fair share requirements and Pennsylvania Supreme Court decisions, municipalities must provide for a fair share of the regional housing need.

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