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Full-Text Articles in Law

Overparticipation: Designing Effective Land Use Public Processes, Anika Singh Lemar Dec 2021

Overparticipation: Designing Effective Land Use Public Processes, Anika Singh Lemar

Fordham Law Review

There are more opportunities for public participation in the planning and zoning process today than there were in the decades immediately after states adopted the first zoning enabling acts. As a result, today, public participation, dominated by nearby residents, drives most land use planning and zoning decisions. Enhanced public participation rights are often seen as an unqualified good, but there is a long history of public participation and community control cementing racial segregation, entrenching exclusion, and preventing the development of affordable housing in cities and suburbs alike. Integrating community engagement into an effective administrative process requires addressing the various ways …


Stronger Than Ever: New York’S Rent Stabilization System Survives Another Legal Challenge, Charles K. Gehnrich Nov 2021

Stronger Than Ever: New York’S Rent Stabilization System Survives Another Legal Challenge, Charles K. Gehnrich

Fordham Law Review

The fate of New York’s rent stabilization laws (RSL) directly concerns millions of New York City residents who take shelter in the protection of the RSL from the hardships and unfair business practices that accompany an unregulated housing market during a housing crisis. After the New York State Legislature made these tenant protections stronger than ever before in 2019, affected landlords responded by petitioning the courts to dismantle the entire rent regulation regime. A federal district court in the Eastern District of New York rejected the landlords’ broad constitutional challenge in Community Housing Improvement Project v. City of New York …