Affordable Housing and Community Development Law
The course addresses both the public policy issues related to creating affordable housing within vibrant communities and the legal tools and strategies in the private and public sectors to achieve this goal. The course will examine the problem of the lack of affordability and impediments to affordable housing, including exclusionary zoning and housing discrimination; the advent of federal, state, and local programs directly providing and supporting affordable housing, such as public housing, vouchers, and rent control; tax and subsidy programs; the limits on government programs, e.g., the Takings Clause effects; market related solutions to provide additional affordable housing, including the secondary mortgage market and low income housing tax credits for developers/owners; the legal issues involved in structuring, financing, developing, and operating affordable housing; and various specific public and private programs; the role of nonprofit organizations and land trusts in providing affordable housing; and the housing rights movement.
This upper-level seminar is intended to provide students with an understanding of historic and current racial and economic discrimination (in the context of housing), the social and human costs of such discrimination, and legal devices to address this discrimination (public and private). Students will develop a recognition of law as a tool of community building and the achievement of social justice, through public law and public/private vehicles. Through the course work, students will expand knowledge of statutory drafting, analysis, application, and implementation by public sector and private sector actors. Students are assessed by their class participation, a number of short exercises and a final exam.
Recommended for the Following Professional Pathways: Civil Rights/Civil Liberties; Family Law; Government/Public Sector; Real Estate and Land Use; Tax; General Practice – Litigation/Dispute Resolution; General Practice – Transactional