Land Use & Zoning
In West Virginia, 'inclusionary zoning' requires developers to include affordable housing units in new residential projects. The legal basis for this requirement is:
AFederal affordable housing mandates under HUD regulations
BThe police power to promote public welfare and ensure adequate housing for all income levels✓ Correct
CThe eminent domain power applied to new construction
DWVREC rules requiring agents to market affordable housing
Explanation
Inclusionary zoning is an exercise of local police power designed to promote the public welfare by ensuring a supply of affordable housing alongside market-rate development. It is a land use regulatory tool adopted by municipalities to address housing affordability.
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