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Full-Text Articles in Law
Exclusionary Housing Vs. Fair Housing: The Need For State Legislation, John R. Nolon, Jessica A. Bacher
Exclusionary Housing Vs. Fair Housing: The Need For State Legislation, John R. Nolon, Jessica A. Bacher
Elisabeth Haub School of Law Faculty Publications
On September 23rd, Westchester County settled a lawsuit with U.S. Department of Housing and Urban Development and the Anti-Discrimination Center of Metro New York under which it agreed to develop and carry out an implementation plan to construct 750 affordable housing units in Westchester communities with low percentages of African American and Hispanic households. Under this agreement, the County will provide over $50 million to create housing in these communities; if needed, the County agreed to withhold benefits from the communities or to bring litigation against them if the 750 units are not constructed. The County will be supervised by …
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.
Rising Tides--Changing Title: Court To Mull Takings Issue, John R. Nolon
Rising Tides--Changing Title: Court To Mull Takings Issue, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
The United States Supreme Court has granted certiorari in Walton County v. Stop the Beach Renourishment, Inc., where novel questions arose concerning sea level rise and constitutional property rights of beachfront landowners. In Florida, the state government owns in trust, all beach property below the mean high tide water line, while beachfront landowners own the rights to any land above the mean high tide water line. The line shifts along with beachfront as the beach expands and contracts. In this Florida case, landowners challenge a state statute, which precludes the ocean property line from shifting in favor of the private …
Local Governments Weigh Green Building Standards, John R. Nolon, Jennie C. Nolon
Local Governments Weigh Green Building Standards, John R. Nolon, Jennie C. Nolon
Elisabeth Haub School of Law Faculty Publications
Through New York state legislation, localities are afforded broad authority adopt green building standards that reach beyond those imposed by state law. As localities begin to undertake the challenge of implementing green building initiatives, many legal questions arise. This article examines several instances of green local action and provides examples of successful local projects, as well as local mistakes. The municipalities mentioned include a broad spectrum of communities, from small municipalities such as Mount Kisko, to some of the larger cities in the state such as New York City and Syracuse.