Following the city of Dayton’s decision in July to create an off-site transportation fee, Housing First Minnesota initiated a legal action against the city in Hennepin County District Court. Housing First Minnesota contends that the creation of such a fee is in violation of established law in the State of Minnesota.
The Minnesota Supreme Court addressed this issue just last year, when it unanimously ruled that requiring off-site transportation fees are illegal in the Harstad v. Woodbury case.
“Dayton’s attempt to use a development agreement to make the transportation fee requirement appear ‘voluntary’ is simply against the law,” said David Siegel, executive director of Housing First Minnesota. “Our developments pay for themselves to ensure all infrastructure is in place for the development to commence and be successful.”
“At a time when we are facing a housing affordability crisis, adding on illegal and unauthorized costs to housing is the last action any city should be considering,” said Siegel. “Cities should be working to remove housing affordability roadblocks, not add them.”
Housing First Minnesota communicated its opposition of the new fee to the city of Dayton prior to its decision on this issue and urged the city to take a different approach. Dayton must now respond to the complaint.
A hearing is expected to be scheduled for early fall 2019.