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Full-Text Articles in Law
Equitable, Affordable And Climate-Cognizant Housing Construction, Shelby D. Green
Equitable, Affordable And Climate-Cognizant Housing Construction, Shelby D. Green
Elisabeth Haub School of Law Faculty Publications
The almost universal sentiment by a growing body of physical and social scientists is that climate change--with its floods, drought, heat, and cold-- portend losses of life, communities, property, and the rhythms of living. Some are more vulnerable to these impacts than others: individuals and the poor, who through official government policy and self-interest in the housing markets, have been relegated to live in poorly-constructed and poorly-placed structures--in the wake of ocean surges; in the path of strong winds; near hazardous and noxious facilities; stranded in urban heat islands. Failing to heed climate change omens will lead to a world …
Adaptive Rezoning For Social Equity, Affordability And Resilience, Shelby D. Green
Adaptive Rezoning For Social Equity, Affordability And Resilience, Shelby D. Green
Elisabeth Haub School of Law Faculty Publications
In this Article, I will show how the legacies of the institutional barriers to housing still persist to deprive many of the predicates for economic thriving and personal flourishing and how existing zoning philosophy cannot be justified by the need to protect health and safety. Righting the inequities of the past and of the present will require dismantling some of the institutions, apparently legitimate and well-meaning, but operating devilishly to create and perpetuate hardship and exclusion. This will require laying bare the institutions to reveal their ignoble essence. We need a radical overhaul of the historic zoning regime from one …
Settlement Raises Questions About Housing Obligations, John R. Nolon, Jessica A. Bacher
Settlement Raises Questions About Housing Obligations, John R. Nolon, Jessica A. Bacher
Elisabeth Haub School of Law Faculty Publications
It is well established that zoning regulations which operate in an exclusionary capacity are unconstitutional. However, a bright line has yet to be drawn by either the New York legislature or the New York courts as to what constitutes an exclusionary zoning provision. This article examines several restricted holdings of the New York courts and compares the limited New York legislation, such as the 2008 Long Island Workforce Housing Act, to more powerful state legislation from surrounding states, which have had more success abolishing exclusionary zoning.
Affordable Housing In The New York Courts: A Case For Legislative Action, John R. Nolon, Jessica A. Bacher
Affordable Housing In The New York Courts: A Case For Legislative Action, John R. Nolon, Jessica A. Bacher
Elisabeth Haub School of 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 …
Court Prods Municipality: Other States Offer Large Number Of Models To Consider, John R. Nolon, Jessica A. Bacher
Court Prods Municipality: Other States Offer Large Number Of Models To Consider, John R. Nolon, Jessica A. Bacher
Elisabeth Haub School of Law Faculty Publications
The state legislature’s decision to leave the creation of affordable housing to New York’s local governments has resulted in a segmented, slowly evolving, and insufficient resolution to a statewide problem. For example, the Orange County Supreme Court, in Land Master v. Montgomery, struck down a zoning law that eliminated all as-of-right multifamily development, in a municipality where affordable housing was in urgent need. This article reviews comprehensive initiatives from other states, and suggests that through the adoption of a state legislation and planning, the affordable housing problem is rectifiable
Affordable Housing: A Case For State Legislative Action, John R. Nolon, Jessica A. Bacher
Affordable Housing: A Case For State Legislative Action, John R. Nolon, Jessica A. Bacher
Elisabeth Haub School of 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
Local Housing Efforts: The Maturation Of Laws Promoting Affordability, John R. Nolon, Jessica A. Bacher
Elisabeth Haub School of 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.
Affordable Housing: State Lacks Definition Of Need And Municipal Responsibility, John R. Nolon
Affordable Housing: State Lacks Definition Of Need And Municipal Responsibility, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
New York case law has created an obligation for communities to provide low-income housing in order to meet regional needs. The courts have found exclusionary zoning to be an unconstitutional practice, and may require communities to amend zoning ordinances that act in an exclusionary manner. The burden for plaintiffs to prove an ordinance is unconstitutionally exclusionary has been greatly impacted by the existence of regional housing studies. However, legislative progress in New York continues to lag behind surrounding states, as New Jersey and Connecticut legislatures have put statutory components in place to ease burden of proof in challenges to exclusionary …