Publications

  • How New York Housing Policies Are Different—and Maybe Why

    This chapter describes New York's housing policies, exploring how and why they differ from those in Los Angeles and other large cities, and whether they have shaped how New York's housing market has weathered the recent downturn. The policies considered are public housing, in rem properties, other subsidized housing, rent control, housing allowances, city capital subsidies for construction and rehabilitation, special needs housing, local tax structures, and building codes. The chapter is organized as follows. Section I describes the city's housing policies and contrasts them with those in Los Angeles and other large cities in the U.S. Section II compares how the housing markets in New York and Los Angeles have fared during the recent downturn and considers whether differences in policies have shaped differences in outcomes. Section III explores some likely explanations for New York's set of housing policies, while the final section concludes.

  • Lucas vs. The Green Machine

    This title provides a law student with an enriched understanding of twelve leading property cases. It focuses on how lawyers, judges, and policy factors shaped the litigation, and why the cases have attained noteworthy status. The volume is suitable for adoption as a supplement in a first-year property course, or as a text for an advanced seminar.

  • Matching Words and Deeds? How Transit-Oriented are the Bloomberg-era Rezonings in New York City?

    Anticipating that New York City will grow to more than nine million residents by 2030, the City has launched an ambitious planning agenda focused on development in neighborhoods well served by public transit. Between 2002 and 2009, New York City’s government enacted 100 significant changes to its zoning code, constituting the most significant change to the City’s land use regulations since the original version of the current zoning code was adopted in 1961. This chapter explores the cumulative impact of the individual zoning actions on residential capacity, and how the rezonings match the City’s stated development, environmental and transportation goals. The authors found that, consistent with desired development patterns, there has been a modest overall increase in residential capacity concentrated in neighborhoods near rail transit stations.

  • New White Flight? The Dynamics of Neighborhood Change in the 1980s

    The rapid rise in immigration over the past few decades has transformed the American social landscape, while the need to understand its impact on society has led to a burgeoning research literature. Predominantly non-European and of varied cultural, social, and economic backgrounds, the new immigrants present analytic challenges that cannot be wholly met by traditional immigration studies.

  • Racial Segregation in Multiethnic Schools: Adding Immigrants to the Analysis

    The authors explore how increases in immigration are likely to affect school segregation by comparing the schools that foreign-born and native-born minorities in New York City attend. They find that foreign-born blacks, Hispanics, and Asians tend to be more racially isolated than their native-born counterparts, even after controlling for differences in language skills and income. The heightened isolation is partially linked to the clustering of immigrant students from particular regions or countries within the same schools. How an increase in foreign-born students in a school district will shape racial segregation therefore will depend on the racial composition of the immigrant students as well as their country of origin.

  • Regulatory Barriers to Housing Development in the United States

    Nothing provides as much material for comparative legal study as the great variety of rule-making that characterizes land law. Land law is perhaps the only legal area in which the leveling march of globalized uniformity has had to yield to the progressive development of local customary law.

  • Siting, Spillovers, and Segregation: A Re-examination of the Low Income Housing Tax Credit Program

    As of the end of 2005, the Low Income Housing Tax Credit (LIHTC) program had allocated $7.5 billion in federal tax credits and supported the development of more than 1.5 million units. A growing number of advocates and observers worry that the LIHTC program, by failing to monitor the siting of developments and, more directly, by giving priority to developers building housing in  high-poverty areas, is furthering poverty and racial concentration. Yet, many community development organizations see the tax credit program as a central tool in their efforts to revitalize these high-poverty, urban neighborhoods. In this chapter, the authors try to inject some empirical evidence into this debate by examining the extent to which the tax credit program may have contributed to poverty concentration as well as to neighborhood revitalization.

  • Spatial Stratification within US Metropolitan Areas

    In most metropolitan areas, central cities and older, inner-ring suburbs tend to have lower-skilled and less affluent populations, lower tax bases, as well as more deteriorated housing stocks and infrastructures, than their newer, outer-ring suburban neighbors. And the segregation becomes even more apparent if comparisons are made across individual neighborhoods within these jurisdictions. The first section, in order to set the stage, documents the magnitude of the spatial and jurisdictional disparities within the average metropolitan area and determines how these have changed in recent years. Many researchers go no further and thus overlook the surprising diversity found across different metropolitan areas in the magnitude of disparities. This paper, however, makes this variation its central concern. To this end, the second section classifies metropolitan areas on the basis of the magnitude of their central-city-suburban disparities and identifies certain metropolitan-area characteristics (such as population size, the degree of racial segregation, and the elasticity of the central-city boundaries) that are correlated with greater and lesser disparities. The third section then estimates a simple, cross-sectional regression that tests which, if any, of these correlations persist after controlling for other factors. Although more definitive conclusions regarding the precise causes of the jurisdictional disparities would be desirable, they would require further statistical analysis that lies outside the scope of this particular project.

  • Spillovers and Subsidized Housing: The Impact of Subsidized Rental Housing on Neighborhoods

    Rental housing is increasingly recognized as a vital housing option in the United States. Yet government policies and programs continue to grapple with widespread problems, including affordability, distressed urban neighborhoods, poor-quality housing stock, concentrated poverty, and exposure to health hazards in the home. These challenges can be costly and difficult to address. The time is ripe for fresh, authoritative analysis of this important yet often overlooked sector.

  • The American Mortgage System: Crisis and Reform

    The Secondary Mortgage Market for Housing Finance in the United States: A Brief Overview

    Understanding both the current problems in the secondary market and the proposed solutions requires an understanding of the role of the secondary mortgage market in U.S. housing finance. In this chapter, the authors focus in particular on the government-sponsored enterprises (GSEs), Fannie Mae and Freddie Mac, which for decades were the largest players in the U.S. system. The authors conclude that while the described weaknesses within the chapter are important, and the structure of the GSE’s should surely be improved, it would be a mistake to assume that simply reforming the GSEs, without making significant reforms to the private-label market, would prevent another crisis.


    The Community Reinvestment Act: Evaluating Past Performance and Reviewing Options for Reform

    The passage of the Community Reinvestment Act (CRA) in 1977 set in motion a bold experiment that has yet to achieve its full potential. This chapter analyzes the strengths and weaknesses of implementation of the CRA over the last 33 years and provides potential directions for reform, one of which recommends that the Obama administration designate one agency to take the lead and give the agency a tight timetable, sufficient staffing and analytic resources, and the authority to resolve disputes. While reform may also involve legislation, it is important to make sure that it does not become overly prescriptive and stifle innovation. The banking world will continue to evolve, as will the best ideas on how to revitalize and strengthen communities.


    Improving U.S. Housing Finance Through Reform of Fannie Mae and Freddie Mac: A Framework for Evaluating Alternatives

    This chapter lays out criteria for evaluating proposals for reform of Fannie Mae and Freddie Mac. The authors introduce the basic goals of a healthy secondary market for both the single-family and multi-family markets, which include access to liquid credit markets nationwide, countercyclical stability and availability of safe products that are reasonably priced and clearly understood by borrowers and investors.The authors also offer a framework that will help describe and understand the different proposals for reform and how variants of Fannie and Freddie might fit into that picture. As federal government officials contemplate the future of these two entities, the authors hope that this chapter offers a useful framework to use in evaluating the alternative proposals.