Lower Income Voucher and Equity Program Amendment.

The City Council is considering an amendment to the Lower Income Voucher and Equity (LIVE) Program. This amendment would introduce a preference for 50 units to be made available to San José Police Department (SJPD) personnel. This change aims to address challenges in recruiting and retaining police officers due to the high cost of housing in San José.

Previously, a proposal to "specify" units for SJPD personnel was not adopted due to potential legal implications. However, an informational memorandum from the City Attorney's Office on March 6, 2026, clarified that establishing a "preference" (rather than a "set-aside") for SJPD personnel is "strongly defensible" under Fair Housing laws and presents minimal legal risk. A preference means SJPD personnel would receive priority consideration, but all applicants would remain eligible, and units would be offered to other qualified applicants if demand from SJPD personnel is insufficient.

The LIVE Program, approved on February 24, 2026, initially created 197 units of affordable workforce housing with a preference for public employees. This amendment seeks to leverage the program to support the City's public safety recruitment and retention objectives. The Rules and Open Government Committee recommended approval of this amendment on March 25, 2026, and it is scheduled for City Council action on April 7, 2026.