Thursday, March 8, 2007
To most of my law students, the year 1971 might as well be 1471 –- it was before they were born, in a world that seems radically different. So it’s strange to explain to them that the saga of New Jersey’s landmark exclusionary zoning litigation, arising from the town of Mount Laurel in south Jersey, is still going on, some thirty plus years later.
This week the New Jersey Builders Association plans to present an award in the memory of Ethel Lawrence, the late activist who helped spur the Mount Laurel litigation, which established the principle that each locality in the state must take steps to provide for its “fair share” of low-cost housing. The goal was, first, to dismantle zoning laws that exclude low-cost housing and, second, to require localities to take affirmative steps to spur the construction of low-cost housing. In the 1980s, the court-made duty was replaced by code and the establishment of a state Council on Affordable Housing.
Earlier this year, a New Jersey court struck down many aspects of recent COAH regulations; one provision required each locality to create one low-cost housing unit for each eight units created by the market. One problem with this approach, challengers asserted, is that imposes little or no requirements on localities in which there is little new market housing construction. The saga continues …
This blog is an Amazon affiliate. Help support Land Use Prof Blog by making purchases through Amazon links on this site at no cost to you.
- Katherine Dentzman on A Coordinated Approach to Food Safety and Land Use Law at the Urban Fringe
- Jesse Richardson on Local Regulation of Hydraulic Fracturing
- Jamie Baker Roskie on Local Regulation of Hydraulic Fracturing
- Samuel on Schleicher and Rauch on local regulation of the sharing economy
- Timothy Wayne George on Is Reed v. Town of Gilbert an important sign case?
- Water Down Under: A Report from Australia by Barb Cosens: Post 2: Comparative Water Law: Australia and the western United States or Conversations with Claire
- APA Planning & Law Division's Smith-Babcock-Williams Student Writing Competition now accepting entries
- Jan 30 - Boston U Law - The Iron Triangle of Food Policy - AJLM Symposium
- "Basic Human Right" to Farm Your Lawn?
- CFP: Fordham Law: Sharing Economy, Sharing City: Urban Law and the New Economy