This article reviews the position of the New York courts on the obligation of local governments to zone for affordable housing and concludes that it is time for legislative action at the state level. Although municipalities are beginning to adopt inclusionary zoning ordinances, most are doing little to eliminate barriers to housing or stimulate needed production. Additional encouragement, guidance, and resources are needed to create an adequate supply of affordable housing. After a review of the affordable housing cases, this article reviews what other state legislatures have done in recent years, and proposes the adoption of a Local Housing Planning and Implementation Act.
John R. Nolon & Jessica A. Bacher, Affordable Housing in the New York Courts: A Case for Legislative Action. N.Y. Zoning L. & Prac. Rep., Nov./Dec. 2006, at 1, available at http://digitalcommons.pace.edu/lawfaculty/641/.