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Full-Text Articles in Law
Affirmatively Furthering Fair Housing: The Search For Solutions That Are Just Right, John R. Nolon, Tiffany Zezula
Affirmatively Furthering Fair Housing: The Search For Solutions That Are Just Right, John R. Nolon, Tiffany Zezula
Elisabeth Haub School of Law Faculty Publications
A federal False Claims Act action against Westchester County, New York launched a unique effort to explore whether zoning, subsidies, and advocacy could significantly Increase the percentage of minorities living in largely white communities. A Voluntary Cooperation Agreement entered into by Marin County, California raises a similar question. This article describes the legal background of the lawsuit brought against Westchester County, the Settlement Agreement that arose from it, and the attempt by Westchester County to carry out its obligations to affirmatively further fair housing. It traces the evolution of exclusionary zoning law in New York State courts, contrasts it to …
Imagining A Right To Housing, Lying In The Interstices, Shelby D. Green
Imagining A Right To Housing, Lying In The Interstices, Shelby D. Green
Elisabeth Haub School of Law Faculty Publications
This article explores whether the philosophical and constitutional predicates for the recognition of a right to housing exist in some form in our nation’s jurisprudence and political order. Part II traces the evolution of the concept of “rights” from that embraced by the country’s founders to the present, how such a right to housing would fit within the dialogue of property rights, the notion of ownership, and the interest in liberty. Part III discusses the historical role of the court in protecting housing. Part IV discusses the notion of protecting rights to housing under existing equal protection and due process …