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Full-Text Articles in Law
Courts Have Decided A Wide Range Of Issues, John R. Nolon, Jessica A. Bacher
Courts Have Decided A Wide Range Of Issues, John R. Nolon, Jessica A. Bacher
Elisabeth Haub School of Law Faculty Publications
In 2006, as in most years, the New York courts have decided a broad range of land use issues. This article summarizes the impacts of several of these important decisions. Specifically, this article covers the following land use topics: affordable housing, statute of limitations, res judicata, standing to sue, enforcement of injunctions, takings law, vested rights, property annexation, religious land uses, New York’s State Environmental Quality Review Act (SEQRA), and judicial review of local board actions.
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.
Inclusionary Zoning: The Effect Of Market Forces On Local Housing Law, John R. Nolon
Inclusionary Zoning: The Effect Of Market Forces On Local Housing Law, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
As the price of housing continues to rise in the New York metropolitan area, municipalities have begun creating inclusionary housing ordinances to ensure working families have a place to call home. This article analyzes the effects of inclusionary zoning ordinances on the economics of affordable housing and suggests several potential methods that local, state, and federal government may utilize to ease the financial burden on developers willing to construct affordable housing projects.
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.