It is well established that zoning regulations which operate in an exclusionary capacity are unconstitutional. However, a bright line has yet to be drawn by either the New York legislature or the New York courts as to what constitutes an exclusionary zoning provision. This article examines several restricted holdings of the New York courts and compares the limited New York legislation, such as the 2008 Long Island Workforce Housing Act, to more powerful state legislation from surrounding states, which have had more success abolishing exclusionary zoning.
John R. Nolon & Jessica A. Bacher, Settlement Raises Questions About Housing Obligations, N.Y. L.J., Oct. 21, 2009, at 5, http://digitalcommons.pace.edu/lawfaculty/659/.