Housing Law Commons^™

Affirmatively Resisting, Ezra Rosser

Articles in Law Reviews & Other Academic Journals

This Article argues that administrative processes, in particular rulemaking’s notice-and-comment requirement, enable local institutions to fight back against federal deregulatory efforts. Federalism all the way down means that state and local officials can dissent from within when challenging federal action. Drawing upon the ways in which localities, states, public housing authorities, and fair housing nonprofits resisted the Trump Administration’s efforts to roll back federal fair housing enforcement, this Article shows how uncooperative federalism works in practice.

Despite the fact that the 1968 Fair Housing Act requires that the federal government affirmatively further fair housing (AFFH), the requirement was largely ignored …

The Lihtc Program, Racially/Ethically Concentrated Areas Of Poverty, And High-Opportunity Neighborhoods, Brandon Weiss, Kirk Mcclure, Anne R. Willamson, Hye-Sung Han

Articles in Law Reviews & Other Academic Journals

The Low-Income Housing Tax Credit ("LIHTC") program remains the nation's largest affordable housing production program. LIHTC units are under-represented in the neighborhood that both promote movement to high opportunity neighborhoods and affirmatively further fair housing. State and local officials should play an active role in guiding site selection decisions and ensuring that LIHTC developments are located in a manner that affirmatively furthers fair housing. Planners can use newly available data discussed herein to identify high-opportunity tracts.