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New York’S Professor John R. Nolon: A National Leader In Land Use Law With A Large Impact Across The Hudson Valley And The State Of New York, Patricia E. Salkin, Samuel Stewart
New York’S Professor John R. Nolon: A National Leader In Land Use Law With A Large Impact Across The Hudson Valley And The State Of New York, Patricia E. Salkin, Samuel Stewart
Scholarly Works
As Professor John R. Nolon steps down from active law teaching, this article reflects not only on his contributions as a national thought leader in the field, but also on how he has a hand in changing the land use and conservation patterns in New York while promoting affordable housing and combating discrimination.
Equitable, Affordable And Climate-Cognizant Housing Construction, Shelby D. Green
Equitable, Affordable And Climate-Cognizant Housing Construction, Shelby D. Green
Elisabeth Haub School of Law Faculty Publications
The almost universal sentiment by a growing body of physical and social scientists is that climate change--with its floods, drought, heat, and cold-- portend losses of life, communities, property, and the rhythms of living. Some are more vulnerable to these impacts than others: individuals and the poor, who through official government policy and self-interest in the housing markets, have been relegated to live in poorly-constructed and poorly-placed structures--in the wake of ocean surges; in the path of strong winds; near hazardous and noxious facilities; stranded in urban heat islands. Failing to heed climate change omens will lead to a world …
Challenges And Opportunities For Hotel-To-Housing Conversions In Nyc, Noah Kazis, Elisabeth Appel, Matt Murphy
Challenges And Opportunities For Hotel-To-Housing Conversions In Nyc, Noah Kazis, Elisabeth Appel, Matt Murphy
Other Publications
As the country continues to grapple with the COVID-19 crisis and its aftermath, policymakers in New York City and Albany have debated how to support the conversion of hotels into housing—and especially affordable housing—as part of a solution to the city’s ongoing housing crisis. The basic intuition is compelling. COVID has forced the shuttering of many commercial establishments, especially in hard-hit New York City. In certain sectors, the effect has been particularly large: these include hotels devastated by shutdowns in tourism, international travel, and business travel. At the same time as these spaces are sitting empty, though, Americans have faced …
Zoning Reformed, Michael Allan Wolf
Zoning Reformed, Michael Allan Wolf
UF Law Faculty Publications
It has been roughly a century since early advocates of zoning took notice of how crowded and congested housing conditions contributed to the spread of disease (including the then-recent H1N1 pandemic). The U.S. Supreme Court had just rejected on property rights grounds a city ordinance that expressly segregated neighborhoods by race. One hundred years later, the exposure of the weaknesses embedded in our system of public land use regulation during the crises of 2020 presents a unique and timely opportunity for serious consideration of major and minor adjustments to state statutes, local ordinances, and judicial decisions. This Article calls for …
Towards A Law Of Inclusive Planning: A Response To “Fair Housing For A Non-Sexist City”, Olatunde C.A. Johnson
Towards A Law Of Inclusive Planning: A Response To “Fair Housing For A Non-Sexist City”, Olatunde C.A. Johnson
Faculty Scholarship
Noah Kazis’s important article, Fair Housing for a Non-sexist City, shows how law shapes the contours of neighborhoods and embeds forms of inequality, and how fair housing law can provide a remedy. Kazis surfaces two dimensions of housing that generate inequality and that are sometimes invisible. Kazis highlights the role of planning and design rules – the seemingly identity-neutral zoning, code enforcement, and land-use decisions that act as a form of law. Kazis also reveals how gendered norms underlie those rules and policies. These aspects of Kazis’s project link to commentary on the often invisible, gendered norms that shape …
Do You Believe In Ghost Apartments?, Michael Lewyn
Do You Believe In Ghost Apartments?, Michael Lewyn
Scholarly Works
According to the popular press, expensive cities are being overrun by "ghost apartments"- condominiums owned by wealthy foreigners, but used as investments rather than being rented out to local residents. This article points out that such apartments are in fact a very small percentage of housing supply, even in some cities that are supposedly overran with such condos.More importantly, the existence of new “ghost apartments” does not justify exclusionary zoning policies. If a city popular with foreign investors discourages construction of new housing, investors are likely to purchase older housing units, outbidding local residents for those units. In this scenario, …
A Room Of One's Own? Accessory Dwelling Unit Reforms And Local Parochialism, Margaret F. Brinig, Nicole Stelle Garnett
A Room Of One's Own? Accessory Dwelling Unit Reforms And Local Parochialism, Margaret F. Brinig, Nicole Stelle Garnett
Journal Articles
Over the past decade, a number of state and local governments have amended land use regulations to permit the accessory dwelling units (“ADUs”) on single-family lots. Measured by raw numbers of reforms, the campaign to secure legal reforms permitting ADUs appears to be a tremendous success. The question remains, however, whether these reforms overcome the well-documented land-use parochialism that has, for decades, represented a primary obstacle to increasing the supply of affordable housing. In order to understand more about their actual effects, this Article examines ADU reforms in a context which ought to predict a minimal level of local parochialism. …
A Quiet Crisis In America: Meeting The Affordable Housing Needs Of The Invisible Low-Income Healthy Seniors, Patricia E. Salkin
A Quiet Crisis In America: Meeting The Affordable Housing Needs Of The Invisible Low-Income Healthy Seniors, Patricia E. Salkin
Scholarly Works
Part I of this article discusses population statistics in greater detail, exploring available financial demographics of seniors and showing that many seniors are likely to be in need of affordable housing today, and that many more will likely join this group in the future. Part II discusses the role of the federal and state governments in providing affordable senior housing and concludes that these programs have typically failed to yield effective results on a wide enough basis. Part III focuses on the impact that local governments can have immediately in helping to address the affordable senior housing crisis through the …
Modernization Of New York's Land Use Laws Continues To Meet Growing Challenges Of Sustainability, Patricia E. Salkin, Jessica A. Bacher
Modernization Of New York's Land Use Laws Continues To Meet Growing Challenges Of Sustainability, Patricia E. Salkin, Jessica A. Bacher
Scholarly Works
There has never been a more challenging time to practice land use planning and zoning law in New York. With goals of sustainability at the forefront of the land use regulatory agenda, this brief account of recent developments in land use law highlights some discernable trends, namely: the modernization and increased flexibility of New York State planning and zoning enabling acts, the inspired local initiatives and lethargic State response to affordable housing issues, and the increasing impact of alternative energy systems on local regulatory schemes.
Part I of this article explores the impacts on community development caused by the many …
Exclusionary Eminent Domain, David A. Dana
Exclusionary Eminent Domain, David A. Dana
Faculty Working Papers
This Article explores the phenomenon of "exclusionary eminent domain" – the exercise of eminent domain that has the effect of excluding low-income households from an otherwise predominantly or entirely middle-class or wealthy neighborhood or locality, whether or not exclusion itself was the purpose of the condemnation. All condemnations exclude the condemned owner (and his or her tenants, if any) from the condemned property. Exercises of what I am calling "exclusionary eminent domain" are doubly exclusive because the displaced residents are unable to afford new housing in the same neighborhood or locality as their now-condemned, former homes. In exclusionary eminent domain, …
Local Inclusionary Housing Programs: Meeting Housing Needs, John R. Nolon, Jessica A. Bacher
Local Inclusionary Housing Programs: Meeting Housing Needs, John R. Nolon, Jessica A. Bacher
Elisabeth Haub School of Law Faculty Publications
This article explores the expansive legal authority that local governments in many states have to meet housing needs directly by providing for the production of new affordable homes. There is not a great deal of scholarship on the subject as we approach it. The emphasis in the academic literature in the field of affordable housing is on top-down, systemic, or theoretical solutions: urging reforms in federal and state finance programs, imploring courts to penalize localities that engage in exclusionary zoning, describing in detail a variety of inclusionary zoning techniques, or explaining relevant theories or the economics of the issue of …
Where Will The Baby Boomers Go? Planning And Zoning For An Aging Population, Patricia E. Salkin
Where Will The Baby Boomers Go? Planning And Zoning For An Aging Population, Patricia E. Salkin
Scholarly Works
The article discusses the subject of land use planning and zoning for an aging community.
Smart Growth At Century’S End: The State Of The States, Patricia E. Salkin
Smart Growth At Century’S End: The State Of The States, Patricia E. Salkin
Scholarly Works
No abstract provided.
Affordable Housing: Update On Federal And State Activities, Patricia E. Salkin
Affordable Housing: Update On Federal And State Activities, Patricia E. Salkin
Scholarly Works
No abstract provided.
The Fair Housing Act, Zoning, And Affordable Housing, Patricia E. Salkin, John M. Armentano
The Fair Housing Act, Zoning, And Affordable Housing, Patricia E. Salkin, John M. Armentano
Scholarly Works
No abstract provided.
Emergence Of Community Development Corporations: Their Impact On Housing And Neighborhoods, W Dennis Keating
Emergence Of Community Development Corporations: Their Impact On Housing And Neighborhoods, W Dennis Keating
Law Faculty Articles and Essays
CDCs, both locally and nationally, are seeking broader support from government, corporations and foundations. Without increased sustained support, it is not clear that CDCs can really provide the housing, employment, and services necessary for the revitalization of urban neighborhoods that are truly integrated by income, race and ethnicity. However, given the failure of the private market to provide below market housing, and the inability of most large public housing authorities to expand the supply of public housing, CDCs are the best and often the only hope for affordable housing in these neighborhoods.
Expanding Traditional Land Use Authority Through Environmental Legislation: The Regulation Of Affordable Housing, John R. Nolon
Expanding Traditional Land Use Authority Through Environmental Legislation: The Regulation Of Affordable Housing, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
This article is devoted to an examination of local land use regulation in the context of the use of SEQRA and its mandate, to mitigate environmental impacts to require the provision of affordable housing in high cost housing markets. As such, it looks at one contemporary manifestation of the growth of police power authority to meet new land use challenges.