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Full-Text Articles in Law
Shattering The Myth Of Municipal Impotence: The Authority Of Local Government To Create Affordable Housing, John R. Nolon
Shattering The Myth Of Municipal Impotence: The Authority Of Local Government To Create Affordable Housing, John R. Nolon
Fordham Urban Law Journal
In the absence of any guidance from the legislature, local officials, in confronting the problem of affordable housing, look to the courts to define the extent of their responsibility and power. While not providing specific direction, the New York Court of Appeals has clearly outlawed zoning designed to exclude affordable housing. The judiciary has voiced doubts, however, that municipal governments can, through zoning alone, require the development of affordable housing. The view that municipalities lack such power is erroneous. Zoning alone is competent to induce such development. Furthermore, local governments have considerable additional power to induce the creation of such …
"Not In My Neighborhood:" Legal Challenges To The Establishment Of Community Residences For The Mentally Disabled In New York State, Robert L. Schonfeld
"Not In My Neighborhood:" Legal Challenges To The Establishment Of Community Residences For The Mentally Disabled In New York State, Robert L. Schonfeld
Fordham Urban Law Journal
This Article examines the laws and lawsuits which have affected the establishment of community residences for the mentally disabled in New York State. First, the Article traces the history of community residences prior to the enactment of the Padavan Law in 1978. Thereafter, this Article analyzes the statute to determine whether its procedures and interpretations by courts have been consistent with the drafters' stated intentions. In addition to examining the statutory procedures, this Article considers issues of zoning, the statute's constitutionality, the standing of neighbors and neighborhood groups to challenge community residence sites, and the effect of restrictive covenants on …
Municipal Law- Negligence- Failure Of Police To Provide Protection To The Holder Of Family Court Order Of Protection States A Valid Cause Of Action, Lauren Levey
Fordham Urban Law Journal
In defining family, it is possible to include a group home designed by the state to emulate a traditional family unit. This case examines the Group House of Port Washington, Inc. v. Board of Zoning and Appeals of the Town of North Hempstead.
Pointing The Way To Housing Quality, Alexander Cooper, Michael Kwartler, Charles Reiss
Pointing The Way To Housing Quality, Alexander Cooper, Michael Kwartler, Charles Reiss
Fordham Urban Law Journal
This article highlights the Urban Design Council's goals of promoting the highest economically feasible standard of quality in residential housing and seeking to stimulate beneficial development in cities. The article describes the current zoning plan in effect in New York City, proposes new approaches to improve housing quality by exploring the elements of "quality" and zoning as a means of achieving such quality housing.