38 Pages Posted: 29 May 2006
Building codes are not neutral documents. Traditional codes have the effect of deterring the rehabilitation of older structures. But rehabilitation - which can have many positive effects, especially on cities - should be encouraged, not deterred. One promising method of encouraging rehabilitation has been the adoption of "rehabilitation codes": building codes that establish flexible but clear requirements for renovators. After analyzing traditional building codes and three different rehabilitation codes, this Note concludes that more states should adopt rehabilitation codes on a mandatory basis.
Keywords: rehabilitation code, smart code, building code, New Jersey Subcode, rehabilitation, historic preservation
Suggested Citation: Suggested Citation
Bronin, Sara C., Rehabilitating Rehab through State Building Codes. Yale Law Journal, No. 115, p. 1744, 2006. Available at SSRN: https://ssrn.com/abstract=904783