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Articles 1 - 7 of 7
Full-Text Articles in Law
Review Of The Fight For Fair Housing: Causes, Consequences And Future Implications Of The 1968 Federal Fair Housing Act, Tim Iglesias
Review Of The Fight For Fair Housing: Causes, Consequences And Future Implications Of The 1968 Federal Fair Housing Act, Tim Iglesias
Tim Iglesias
Threading The Needle Of Fair Housing Law In A Gentrifying City With A Legacy Of Discrimination, Tim Iglesias
Threading The Needle Of Fair Housing Law In A Gentrifying City With A Legacy Of Discrimination, Tim Iglesias
Tim Iglesias
California Supreme Court Unanimously Upholds Inclusionary Zoning As Land Use Regulation And Not An Exaction, Tim Iglesias
California Supreme Court Unanimously Upholds Inclusionary Zoning As Land Use Regulation And Not An Exaction, Tim Iglesias
Tim Iglesias
Local governments, housing advocates, and people who need affordable housing won a solid victory in the California Supreme Court's unanimous opinion in California Bldg. Indus. Ass'n v. City of San Jose. In a complex 64-page opinion that is clearly drafted and rigorously argued, the court held that inclusionary zoning is a constitutionally permissible strategy to produce affordable housing and to promote economic integration that is subject to rational basis review and not heightened scrutiny.
This article outlines the factual and legal background of the case and discusses the court's reasoning in reaching its decision, including the court's refusal to find …
The Promises And Pitfalls Of Micro-Housing, Tim Iglesias
The Promises And Pitfalls Of Micro-Housing, Tim Iglesias
Tim Iglesias
This is a primer on the new and growing phenomenon of micro-housing. It defines micro-housing, discusses policy arguments and outlines regulatory issues.
Defining “Family” For Zoning: Contemporary Policy Challenges, Legal Limits And Options, Tim Iglesias
Defining “Family” For Zoning: Contemporary Policy Challenges, Legal Limits And Options, Tim Iglesias
Tim Iglesias
Single family zones are ubiquitous, diversely-defined and both popular and controversial. Much of the controversy stems from who is excluded from living in these zones by the definition of “family.” After reviewing single family zones, policy rationales for them, and the basic types of definitions of family, this article surveys contemporary policy challenges and legal limits to definitions of “family.” Recognizing localities’ diverse contexts, the article articulates how localities can reassess their definitions and identifies relevant considerations.
Framing Inclusionary Zoning: Exploring The Legality Of Local Inclusionary Zoning And Its Potential To Meet Affordable Housing Needs, Tim Iglesias
Tim Iglesias
Whether local inclusionary zoning (IZ) ordinances can make significant contributions towards meeting affordable housing needs depends in large part on its legality. Courts have not developed a consistent jurisprudence regarding IZ ordinances. The legality of IZ ordinances depends upon how they are framed by the governments who enact them, the opponents who challenge them, and the courts that decide the cases. After a brief introduction, this article explores why framing is possible and likely in judicial review of IZ as well as why it matters. Next, the article analyzes the case law to demonstrate how framing has operated to affect …
Fair Housing At 30: Where We Are, Where We Are Going, Tim Iglesias, Susan Saylor
Fair Housing At 30: Where We Are, Where We Are Going, Tim Iglesias, Susan Saylor
Tim Iglesias
California has long been a leader in anti-discrimination law including in housing. Thirty years after the founding of the California Real Property Journal, this article asks: How effective have the fair housing laws been in achieving their twin goals of ending housing discrimination and promoting community integration? Much progress has been made during this time, but stubborn patterns of bias and segregation persist. At the same time, our laws have expanded to encompass more people and more situations, making the goalpost more distant and elusive. This article (1) describes at how fair housing laws have changed since the first issue …