A Developer's Approach to Organized Opposition

By: Robert (Bob) H. Voelker
Housing Bond Report
June 2007

One of the most difficult aspects of developing affordable housing today is finding acceptable sites. A number of factors influence the limited supply of affordable housing land — a resurgence of market rate apartment development; the growth of the suburbs where zoning has been skewed away from denser multifamily development in favor of the single family, suburban lifestyle; and neighborhood opposition to apartments in general and affordable housing in particular, often referred to as “not in my backyard” or NIMBY.

Utilizing the Fair Housing Act to Counteract NIMBY

In the Fair Housing Act (FHA), Congress set out to reverse the trend toward residential racial segregation. The Supreme Court has observed that in the FHA “Congress has made a strong national commitment to promote integrated housing.” (Linmark Associates, Inc. v. Willingboro, 431 U.S. 85, 97 S. Ct. 1614, 52 L. Ed. 2d 155 (1977)

The FHA provides that is unlawful “(a) to refuse to sell or rent … or otherwise make unavailable or deny, a dwelling to any person because of race, color, religion, sex, familial status, or national origin or (b) to coerce, intimidate, threaten, or interfere with any person in the exercise or enjoyment of, or on account of his having exercised or enjoyed, or on account of his having aided or encouraged any other person in the exercise or enjoyment of, any right granted or protected by [the FHA]."

TO READ MORE, CLICK THE PDF ICON BELOW: