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2006

Housing Law

Pace Law Faculty Publications

Articles 1 - 3 of 3

Full-Text Articles in Law

Affordable Housing In The New York Courts: A Case For Legislative Action, John R. Nolon, Jessica A. Bacher Nov 2006

Affordable Housing In The New York Courts: A Case For Legislative Action, John R. Nolon, Jessica A. Bacher

Pace Law Faculty Publications

This article reviews the position of the New York courts on the obligation of local governments to zone for affordable housing and concludes that it is time for legislative action at the state level. Although municipalities are beginning to adopt inclusionary zoning ordinances, most are doing little to eliminate barriers to housing or stimulate needed production. Additional encouragement, guidance, and resources are needed to create an adequate supply of affordable housing. After a review of the affordable housing cases, this article reviews what other state legislatures have done in recent years, and proposes the adoption of a Local Housing Planning ...


Affordable Housing: A Case For State Legislative Action, John R. Nolon, Jessica A. Bacher Sep 2006

Affordable Housing: A Case For State Legislative Action, John R. Nolon, Jessica A. Bacher

Pace Law Faculty Publications

Efforts by municipalities to promote affordable housing have proven to be insufficient as evidenced by the skyrocketing real estate prices in the New York metropolitan area. Historically, New York courts have struggled with the affordable housing issue, often issuing inconsistent decisions on what types of local laws are unconstitutionally exclusionary. By utilizing other states’ initiatives as a guide, New York can create a comprehensive affordable housing bill that will effectively provide for affordable housing and relieve some of the pressures on the judiciary caused by past ambiguous legislation.


Local Housing Efforts: The Maturation Of Laws Promoting Affordability, John R. Nolon, Jessica A. Bacher Apr 2006

Local Housing Efforts: The Maturation Of Laws Promoting Affordability, John R. Nolon, Jessica A. Bacher

Pace Law Faculty Publications

A shortage of workforce housing, especially in the New York metropolitan area where real estate prices are rapidly increasing, has long been a critical land use issue. Since amendments to New York state law that explicitly stated municipalities’ implied power to incentivize affordable housing, municipalities have begun to create innovative laws to promote affordable housing. This review describes some of the basic concepts behind the affordable housing movement, and the considerations of local legislatures in defining, and providing for affordable housing.