[media-credit name=’DEREK MONTGOMERY/Herald photo’ align=’alignright’ width=’336′][/media-credit]A Dane County Circuit Court took a large step to ensure affordable housing in the city by upholding Madison's Inclusionary Zoning Ordinance Sept. 30.

In the case, Apartment Association of South Central Wisconsin Incorporated vs. City of Madison, the Apartment Association challenged Madison on grounds that the IZ ordinance was analogous to illegal rent control.

George Twigg, communications director for Mayor Dave Cieslewicz, said the city hopes to work with landlords to make the ordinance a continuing success.

"[The city] tried to craft [the ordinance] with an eye to making it fair and as easy as possible for landlords and property owners to implement it," Twigg said. "We're glad that [the lawsuit] was rejected."

However, Steve Brown, of Steve Brown Apartments and a board member of the AASCW, said the lawsuit was not an issue of affordable housing, but an issue of contravention of a Wisconsin statute.

"Our lawyers argued on grounds that inclusionary zoning violated the state rent control statute," Brown said.

But the Circuit Court rejected the argument and upheld the legality of the ordinance. According to a release, the court noted Madison's inclusionary zoning ordinance "falls within the city's authority to enter into agreements with individuals who regulate rents."

Cieslewicz praised the court's decision in a Sept. 28 release, citing housing availability as a need for many Madison residents.

"Affordable housing options are needed by renters just as much as by owners, if not more so," Cieslewicz said. "I am pleased the court swiftly upheld our efforts to make more housing affordable for more Madison families, whether they rent or own."

Twigg said the law is meant to increase excess for housing in the city and the result of the IZ ordinance is more development in the downtown area that can benefit students.

"The ordinance requires that of all buildings constructed with 10 or more rental units, 15 percent of those units must be affordable for those who qualify for inclusionary zoning," Brown said.

Brown, said the ordinance will have little effect on his current business and other property owners because the ordinance only affects buildings constructed after the law's implementation Feb. 15, 2004.

"The ordinance only applies to buildings that are being constructed, anything that was already built before the ordinance was implemented is not sanctioned by it," Brown said.

— Megan Costello contributed to this report.