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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.