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Tierra Y LibertadLand, Liberty, and Latino Housing$
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Steven W. Bender

Print publication date: 2010

Print ISBN-13: 9780814791257

Published to NYU Press Scholarship Online: May 2016

DOI: 10.18574/nyu/9780814791257.001.0001

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Exclusion by Public Law

Exclusion by Public Law

Zoning Laws

Chapter:
(p.73) 7 Exclusion by Public Law
Source:
Tierra Y Libertad
Author(s):

Steven W. Bender

Publisher:
NYU Press
DOI:10.18574/nyu/9780814791257.003.0008

This chapter surveys historical and current efforts to exclude impoverished residents and Latino/as from urban terrain by means of local government zoning laws directed at the circumstances of impoverished Latino/a housing, whether owned or rented—overcrowding and extended-family living arrangements—as well as their externalities, such as residential street and lawn parking. These zoning laws are marked by selective enforcement and questionable reliance on health and safety justifications. Exploring the legal challenges to these zoning laws, the chapter recognizes the latitude given local governments to enact laws that include no incontrovertible smoking gun of Latino/a animus. Accordingly, affordable housing solutions for impoverished Latino/a communities may be found best in the political arena rather than in the courtroom.

Keywords:   Latino/as, housing, zoning

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