Abstract

http://ssrn.com/abstract=2356555
 


 



The New Progressive Property and the Low-Income Housing Conflict


Zachary Bray


University of Houston Law Center

December 1, 2012

BYU Law Review, Volume 2012, Issue 4, p. 1109 (2012)

Abstract:     
The foundation of property law has been much debated in recent years, as several scholars have sought to provide a theoretical alternative to what they call the dominant, “law-and-economics” approach to property. In place of the law-and-economics approach, these scholars advance a new theoretical approach, which I call “the new progressive property.” At its core, this new approach favors rules thought to promote the collective well-being of the larger community while ensuring that relatively disadvantaged members of society have access to certain basic resources. This Article explores the boundaries and practical implications of the new progressive property. To do so, I focus on two potential examples of this theoretical approach related to low-income housing: the federal Section 8 housing voucher program and local rent-control ordinances. I argue that Section 8 is a better example than rent control of the new progressive-property approach, even though rent control has previously been identified as a practical example of the new progressive property and Section 8 has not.

I then turn to examine a deep conflict at the intersection of Section 8 and rent control, which presents an important opportunity to further test and refine the new progressive property. In particular, I argue that this underexamined low-income housing conflict provides good reasons to abandon rent control, even from a progressive-property perspective. In addition, the low-income housing conflict between Section 8 and rent control sheds light on the ambiguous relationship between law-and-economics analysis and the progressive-property framework. More specifically, I argue that the conflict between rent control and Section 8 demonstrates that even the most basic law-and-economics tools must be incorporated into a progressive-property framework to achieve the ends of the new progressive property.

Number of Pages in PDF File: 56

Keywords: land use, property, law and economics, virtue ethics, Aristotle, Demsetz, progressive property, progressive theory, housing vouchers, voucher program, housing assistance

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Date posted: November 18, 2013  

Suggested Citation

Bray, Zachary, The New Progressive Property and the Low-Income Housing Conflict (December 1, 2012). BYU Law Review, Volume 2012, Issue 4, p. 1109 (2012). Available at SSRN: http://ssrn.com/abstract=2356555

Contact Information

Zachary Andrew Bray (Contact Author)
University of Houston Law Center ( email )
100 Law Center
Suite 230 BLB
Houston, TX 77204-6054
United States
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