Valley County commissioners will ask the public on March 31 if they should repeal the county's affordable housing laws.

The hearing will begin at 9 a.m. March 31 at the Valley County Courthouse in Cascade.
Commissioners scheduled the hearing after meeting on Monday with representatives of the Mountain Central Board of Realtors.

Last month, a judge struck down the city of McCall's affordable housing laws after the Realtors filed a lawsuit challenging those laws.

The Realtors then went to the commissioners on Feb. 25 demanding they repeal the county's laws or face a lawsuit themselves.

"We're disappointed that the board of commissioners did not take more immediate action, and we are going to pursue litigation," Realtors board President Ray Moore said after the commissioners set the public hearing.

The county currently requires 10 to 15 percent of the homes in a development to be priced for working-class households, depending on lot size. The dedicated homes can be located off-site, or a developer can pay a fee.

One question to be asked at the March 31 hearing is whether the county should declare a moratorium on new development while commissioners decide how to react to the Realtors’ demand.

Moore was not pleased with the commissioners' idea of a building moratorium.

"I think it is the wrong decision," he said. "I don't see how it addresses the unlawful ordinance that they passed. Our economy is struggling as it is, and we do not need to stop building."

During Monday's meeting, Moore offered alternatives to solving the county's affordable housing problem after pointing out that two separate state court decisions struck down similar affordable housing laws in McCall and Sun Valley.

Moore pointed out that the Valley Adams Regional Housing Authority has the power to issue bonds and eminent domain powers to acquire land for housing.

He also told the commissioners that the Realtor board has small grants up to $5,000 that could be used for affordable housing. He also pointed out federal and state programs that provide funds for the construction of affordable homes.

"We want you to know that these two rulings are out there," Realtor board member Scott Findlay said. "We're very serious about this. It is illegal. You can't do it."

"Our whole deal is that we would hope that we wouldn't have to spend a bunch of money on attorneys' fees," Findlay said. "We stand to help, but it's got to be in a legal fashion."

The McCall City Council is scheduled to meet today to discuss how to react to the court ruling striking down its housing laws.

The city laws require 20 percent of a project's homes be priced for working-class incomes and also levies a surcharge on all building permits for new homes.

The council will begin with an executive session at 4 p.m. They will then hold an open work session with VARHA to discuss the city's affordable housing options.

The Cascade City Council repealed its affordable housing laws at its meeting Monday night.