Hogar Dulce Hogar v. Community Development Commission of the City of Escondido et. al.

Outcome: Peremptory Writ of Mandate issued, 2 published opinions

Description: Escondido made an agreement with the County of San Diego not to count tax increment passed through to the County for purposes of calculating the minimum 20 percent set-aside owed to its Low and Moderate Income Housing Fund. Hogar challenged Escondido's violation of State Community Redevelopment Law's (CRL's) minimum 20 percent tax increment set-aside obligation. Pre-filing negotiations resulted in an amendment of the agreement between Escondido and the County to correct Housing Fund set-asides from 1998 on. Suit was filed to recover past underfunding. The action succeeded in recovering over $30 million for the Housing Fund from 1994-2030.