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2006

Housing Law

Journal

Boston College Environmental Affairs Law Review

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Mandatory Inclusionary Zoning--The Answer To Affordable Housing Problem, Brian R. Lerman Jan 2006

Mandatory Inclusionary Zoning--The Answer To Affordable Housing Problem, Brian R. Lerman

Boston College Environmental Affairs Law Review

Affordable housing has always been a problem in the United States. Cities and towns originally engaged in forms of discrimination through exclusionary zoning to exclude low-income residents. While many of the social attitudes persist today, the question is how to encourage new affordable housing development. This Note introduces the concept of inclusionary zoning as a successful method for creating affordable housing. The Note examines the constitutional analyses used for land use ordinances. Then, the Note evaluates existing affordable housing programs, distinguishing between the eastern approach and the western approach. The eastern approach—represented by New Jersey, Massachusetts, and Montgomery County ...