This article explores whether the philosophical and constitutional predicates for the recognition of a right to housing exist in some form in our nation’s jurisprudence and political order. Part II traces the evolution of the concept of “rights” from that embraced by the country’s founders to the present, how such a right to housing would fit within the dialogue of property rights, the notion of ownership, and the interest in liberty. Part III discusses the historical role of the court in protecting housing. Part IV discusses the notion of protecting rights to housing under existing equal protection and due process principles. Part V contains a discussion of the heightened scrutiny state courts are applying to land use regulations that affect the availability of housing. Part VI discusses new predicates for an affirmative right to housing. Conclusions are offered in Part VII.
Shelby D. Green, Imagining a Right to Housing, Lying in the Interstices, 19 Geo. J. on Poverty L. & Pol’y 393 (2012)