The Suburbs' Fair Share: How California's Housing Element Law (and Facebook) Could Set a Housing Production Floor

Real Estate Law Journal, Forthcoming

52 Pages Posted: 10 Apr 2015 Last revised: 2 May 2015

See all articles by Jessie Agatstein

Jessie Agatstein

Yale University, Law School, Students

Date Written: April 8, 2015

Abstract

California’s fair share housing law has been pummeled with criticism, right along with the state’s astronomical rents. This Note provides the first bottom-up analysis of how the program actually operates on the ground, using case studies from Menlo Park and Palo Alto to test how the law could help solve California’s affordable housing shortage. It finds some slim opportunities for optimism in the program’s future, especially if litigation under the law increases. It also provides five key suggested changes to make the housing element law a stronger part of the state’s affordable housing toolbox — and a model for other high-rent states.

Suggested Citation

Agatstein, Jessie, The Suburbs' Fair Share: How California's Housing Element Law (and Facebook) Could Set a Housing Production Floor (April 8, 2015). Real Estate Law Journal, Forthcoming. Available at SSRN: https://ssrn.com/abstract=2592020 or http://dx.doi.org/10.2139/ssrn.2592020

Jessie Agatstein (Contact Author)

Yale University, Law School, Students ( email )

127 Wall Street
New Haven, CT 06511
United States

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