NYU Scholar Publishes Article Exploring Use of State Constitutions to Tackle Exclusionary Zoning

The New York University (NYU) Brennan Center for Justice has published an article by a prominent scholar examining how state constitutions can be leveraged to combat exclusionary zoning practices. The piece, titled "Using State Constitutions to Combat Exclusionary Zoning," delves into the legal and practical implications of utilizing state constitutional law as a tool to address housing shortages and economic disparities caused by restrictive land use policies.

According to the article, exclusionary zoning is identified as one of the primary drivers behind the current housing crisis in many parts of the United States. This form of zoning typically restricts residential areas to single-family homes and imposes minimum lot sizes and parking requirements that make it challenging or impossible to construct affordable multi-unit dwellings. As a result, millions of people, especially those from lower-income backgrounds and minority communities, are denied access to better economic opportunities and social amenities.

The author argues that while federal courts might eventually recognize the constitutional issues with exclusionary zoning under the Takings Clause of the Fifth Amendment, progress through this route could be slow. Instead, he proposes a strategy focused on state-level legal frameworks, which can potentially offer quicker and more effective solutions to address housing shortages.

In collaboration with Joshua Braver, an advocate for progressive constitutional interpretation, the author outlines how existing state constitutional provisions and potential amendments could serve as powerful tools against exclusionary zoning practices. This partnership between a libertarian originalist and a progressive living constitutionalist underscores the broad appeal of the proposed strategy across ideological divides.

The article provides detailed analyses of doctrinal improvements that can be made to existing state constitutional provisions, alongside suggestions for new constitutional amendments aimed at curbing exclusionary zoning policies. These proposals are designed to enhance legal protections for property rights while simultaneously promoting more inclusive and economically diverse communities.

The publication by the NYU Brennan Center highlights growing interest in exploring innovative legal strategies to address housing affordability and economic inequality. This collaboration between scholars with differing political viewpoints signals a potential shift towards bipartisan approaches in tackling systemic issues through constitutional law.

By focusing on state-level reforms, this work aims to provide immediate relief for those affected by exclusionary zoning while also paving the way for broader national policy changes. The article's publication marks an important step forward in the ongoing debate over housing policies and their impact on social equity and economic mobility across America.

The NYU Brennan Center's decision to feature this piece reflects the increasing recognition of the critical role state constitutions can play in shaping local land use regulations and promoting more equitable urban development.