Affordable Housing in the New York Courts: A Case for Legislative Action

New York Zoning Law and Practice Report, Vol. 7, No. 3, 2006

6 Pages Posted: 10 Feb 2010  

John R. Nolon

Pace University School of Law

Jessica A. Bacher

Land Use Law Center

Date Written: November/December 2006

Abstract

This article reviews the position of the New York courts on the obligation of local governments to zone for affordable housing and concludes that it is time for legislative action at the state level. Although municipalities are beginning to adopt inclusionary zoning ordinances, most are doing little to eliminate barriers to housing or stimulate needed production. Additional encouragement, guidance, and resources are needed to create an adequate supply of affordable housing. After a review of the affordable housing cases, this article reviews what other state legislatures have done in recent years, and proposes the adoption of a Local Housing Planning and Implementation Act.

Suggested Citation

Nolon, John R. and Bacher, Jessica A., Affordable Housing in the New York Courts: A Case for Legislative Action (November/December 2006). New York Zoning Law and Practice Report, Vol. 7, No. 3, 2006. Available at SSRN: https://ssrn.com/abstract=1550331

John R. Nolon (Contact Author)

Pace University School of Law ( email )

78 North Broadway
White Plains, NY 10603
United States

Jessica A. Bacher

Land Use Law Center ( email )

78 North Broadway
White Plains, NY 10603
United States

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