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Full-Text Articles in Law
Mitchell-Lama Buyouts: Policy Issues And Alternatives, David J. Sweet, John D. Hack
Mitchell-Lama Buyouts: Policy Issues And Alternatives, David J. Sweet, John D. Hack
Fordham Urban Law Journal
The Mitchell-Lama program, which provides loans to developers in exchange for those developers providing affordable housing, faces a serious problem as developers attempt to take advantage of a provision in the program that allows them to opt-out by repaying the government loans ahead of schedule. This creates a conflict between the developer and the tenants but also between the developer’s desire for maximizing profits and society’s desire to provide affordable housing. The author argues that simply preventing developers from leaving the program could violate the Contracts Clause as well as discourage future developers from participating in government programs. Rather, the …
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 …