August 15, 2025—In the face of a prolonged affordable housing crisis, the city of Pittsburgh enacted an inclusionary zoning ordinance to expand access to affordable, secure housing for low- and moderate-income Pittsburgh residents, who are disproportionately Black. The local ordinance requires developers to reserve 10% of units in residential projects of 20 units or more for lower income households, in line with inclusionary zoning policies across the country.

The Builders Association of Metropolitan Pittsburgh (BAMP), a special interest group that has fought against several other fair and affordable housing policies, filed a lawsuit in May 2022 challenging Pittsburgh’s inclusionary zoning ordinance. Now, three years later, BAMP is asking the court to enjoin the city from enforcing its inclusionary zoning ordinance and in particular the ordinance’s application to “the Caroline,” a 160-unit residential real estate project in the Oakland neighborhood.

Today, six local nonprofit community organizations focused on promoting affordable housing and inclusive communities in Pittsburgh submitted a proposed amicus brief to assist the U.S. District Court. The proposed brief argues that the ordinance does not violate the Takings Clause in the Fifth Amendment to the U.S.  Constitution or Pennsylvania law and that enjoining the ordinance would be against the public interest in light of Pittsburgh’s affordable housing crisis.

The organizations—Oakland Planning and Development Corporation, Lawrenceville United, the Bloomfield Development Corporation, the Polish Hill Civic Association, the Hill District Consensus Group, and the Fair Housing Partnership of Greater Pittsburgh—are represented by the Public Interest Law Center, Community Justice Project, and Lawyers Committee for Civil Rights Under Law.

Lawrenceville United, a non-profit community organization representing residents in one of Pittsburgh’s most gentrifying neighborhoods, led a grassroots campaign beginning in 2018 to adopt inclusionary zoning after multiple studies of Pittsburgh’s housing needs identified it as a proven policy to help foster mixed-income communities. Over 700 municipalities across the country have established similar inclusionary housing programs, according to a report by Grounded Solutions in 2021.

“The Lawrenceville community was proud to fight for inclusionary zoning because we want to keep our neighborhood home for people of all incomes,” said Dave Breingan, Executive Director of Lawrenceville United. “In just a few short years, a number of development projects are underway that are bringing much-needed affordable housing to our community, especially for those who have been most impacted by displacement.”

The stakes of this case are high. The latest Pittsburgh Housing Needs Assessment found a shortage of over 8,000 affordable housing units at the lowest income tiers across Pittsburgh. The shortage disproportionately affects Pittsburgh’s Black residents and re-entrenches barriers to racial and economic integration for all Pittsburgh residents. From 2010 to 2020, Pittsburgh lost more than 10,000 Black residents, 13% of the city’s Black population. Additionally, residential housing prices in the Pittsburgh metropolitan area are soaring. In 2021, rents increased by 18.5% and home sale prices increased by 14%. The ripple effects created by a lack of affordable housing—market instability, displacement, racial and economic segregation, loss of cultural diversity—affect individuals across all income levels, but especially low-income households.

“This case is about more than zoning—it’s about who belongs in Pittsburgh,” said Andrea Boykowycz, Executive Director of the Oakland Planning and Development Corporation. “In 2025, we continue to see efforts to push out low-income residents, especially communities of color. We’re advocating for community voices to be heard, because the future of our city depends on it.”