Publications
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Land Use Controls: Cases and Materials (Third Edition)
A thematic framework that reveals the connections among the multiple discrete topics under land law, with attention to the factual and political context of the cases and the aftermath of decisions
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Removing Regulatory Barriers: One City’s Experience
The difficulty of developing housing in New York City is as legendary as its cost. The city has had a vacancy rate under 5% — the legislative threshold defining a housing “emergency”—for more than 55 years. More than one commission or blue ribbon panel has identified government regulation as one of the primary causes of the housing problem. Since 2000, however, an opportunity presented itself to finally make some progress in reducing the cost of housing construction. Removing regulatory barriers to housing development caught the interest of two mayors—Rudolph Giuliani and Michael Bloomberg—and their respective housing commissioners.
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Reducing the Cost of New Housing Construction in New York City: 2005 Update
As was the case in 1999, the major housing problem facing residents of New York City in 2005 is the affordability of housing. More than one out of every five renters in the city pay over half their incomes in rent. It is especially problematic that the vast majority of households who experience these severe housing affordability problems earn low incomes. Nevertheless, high housing costs are a significant problem for households throughout the income spectrum. While limited data suggest that housing affordability problems may have moderated a tiny bit for renters from 1999 to 2004, they worsened for owners.
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Impact Fees and Housing Affordability
The increasing use of impact fees and the costs that they may add to the development process raises serious concerns about the effect using impact fees to fund infrastructure will have on the affordability of housing.
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Comment on ‘The Effects of Affordable and Multifamily Housing on Market Values of Nearby Homes’
Advocates of growth management and smart growth often propose policies that raise housing prices, thereby making housing less affordable to many households trying to buy or rent homes. Such policies include urban growth boundaries, zoning restrictions on multi-family housing, utility district lines, building permit caps, and even construction moratoria. Does this mean there is an inherent conflict between growth management and smart growth on the one hand, and creating more affordable housing on the other? Or can growth management and smart growth promote policies that help increase the supply of affordable housing?
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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.
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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.
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The Housing Court’s Role in Maintaining Affordable Housing