Taking Sides in Fight Over NIMBYism
By: Robert (Bob) H. Voelker (Co-author) and Dennis L. Roossien, Jr. (Co-author) In response to homeowner opposition to apartments, elected officials and government agencies frequently take steps to stymie a developer’s efforts, including refusing to approve subdivisions or plats, requiring the developer to build or pay for excessive public improvements, stripping zoning away from the proposed site or passing building moratoria. Forty years after the passage of the Fair Housing Act, vehement opposition still rises in response to efforts to provide affordable housing. Elected officials continue to take measures to placate the opposition. However, recent court decisions and several other cases that were filed, but yet undecided, indicate that require cities that accept certain federal funds to “affirmatively further fair housing” can be an effective means to compel local officials to withdraw their opposition to affordable housing. TO READ MORE, CLICK THE PDF ICON BELOW: |