East Palo Alto affordable units in new housing

Each rule below links to the section of the East Palo Alto Municipal Code it was read from, with the code text one click away (checked October 2026). General information, not legal advice.

What East Palo Alto's code says

East Palo Alto code What East Palo Alto's code adds
How long units stay affordable	The affordability term is a minimum 59-year renewable term. Applies: Applies to ownership units. § 18.38.040 · code text The City requires a minimum 59-year renewable term for ownership units The affordability term is a 99-year renewable term. Applies: Applies to rental housing. § 18.38.040 · code text and a 99-year renewable term for rental housing.
Fee instead of units	Fee is set by Council resolution or an affordability gap analysis (inclusionary vs. fair market price or rent). Applies: Applies to developments proposing fewer than 5 dwelling units, or fractions of an inclusionary unit. § 18.37.050 · code text In-lieu fees may be established from time-to-time by resolution of the City Council or may be determined for a specific residential development through the preparation of an affordability gap analysis that will determine the difference between the inclusionary sales price or rent and the fair market rate price for the unit.
Projects it applies to	The on-site inclusionary requirement applies to developments of 5 or more dwelling units. Applies: Applies to the on-site inclusionary requirement. § 18.37.050 · code text residential developments proposing five or more dwelling units shall provide 20 percent of the dwelling units Developments with fewer than 5 dwelling units may provide one inclusionary unit or pay an in-lieu fee. Applies: Applies at fewer than 5 dwelling units; the applicant chooses. § 18.37.050 · code text residential developments proposing fewer than five dwelling units shall, at the applicant's option, either provide one inclusionary unit or pay a fee to the City in-lieu of constructing the inclusionary unit
Share of affordable units	20 percent of the dwelling units must be on-site inclusionary units. Applies: Applies to residential developments proposing 5 or more dwelling units. § 18.37.050 · code text residential developments proposing five or more dwelling units shall provide 20 percent of the dwelling units in the residential development as inclusionary units 50 percent of inclusionary units must be at an affordable sales price to median-income households. Applies: Applies to ownership residential development. § 18.37.050 · code text 50 percent of the inclusionary units in the residential development available at an affordable sales price to median-income households. 50 percent of inclusionary units must be at an affordable sales price to moderate-income households. Applies: Applies to ownership residential development. § 18.37.050 · code text 50 percent of the inclusionary units in the residential development available at an affordable sales price to moderate-income households. 25 percent of inclusionary units must be at an affordable rent to 35% AMI income households. Applies: Applies to rental residential development. § 18.37.050 · code text 25 percent of the inclusionary units in the residential development available at an affordable rent to 35% AMI income households. 50 percent of inclusionary units must be at an affordable rent to very low-income households. Applies: Applies to rental residential development. § 18.37.050 · code text 50 percent of the inclusionary units in the residential development available at an affordable rent to very low-income households. 25 percent of inclusionary units must be at an affordable rent to low-income households. Applies: Applies to rental residential development. § 18.37.050 · code text 25 percent of the inclusionary units in the residential development available at an affordable rent to low-income households. At least 20 percent of units. Applies: Applies when a developer proposes an inclusionary housing agreement for ownership projects; it sets units for extremely low, very low, low or moderate income households. § 18.38.040 · code text at least 20 percent of all market-rate units in residential ownership projects constructed in the City shall be provided at an affordable ownership cost

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Does East Palo Alto require affordable units in new housing?

East Palo Alto's code: The affordability term is a minimum 59-year renewable term. (Applies to ownership units.) (§ 18.38.040); The affordability term is a 99-year renewable term. (Applies to rental housing.) (§ 18.38.040).

Affordable units in new housing (inclusionary) in East Palo Alto

What East Palo Alto's code says

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