Understanding Exclusionary Zoning and Its Impact on Housing

What is Exclusionary Zoning?

Exclusionary zoning refers to laws and regulations implemented by a community that effectively prohibit the development of low- and moderate-income housing. Such zoning practices are often criticized and can be considered illegal because they can lead to socio-economic segregation and limit housing opportunities for less affluent residents.

How Exclusionary Zoning Works

Communities may implement zoning ordinances to maintain a certain demographic or to elevate property values. These ordinances typically dictate property use, building height, lot size, housing density, and setback requirements in a way that systematically excludes lower-income housing options.

Real-World Impact of Exclusionary Zoning

This practice can lead to increased costs for housing, gentrification, and socio-economic inequality. It restricts the availability of affordable housing and pushes low- and moderate-income families to less affluent and under-resourced areas.

An Example of Exclusionary Zoning

In the coastal town of Ocean Park, a zoning ordinance was adopted that mandated a housing density of no more than four homes per acre. This effectively prevented the construction of apartments and condominiums, thereby excluding affordable housing options. Consequently, a low-income housing developer challenged this zoning ordinance, arguing that it unlawfully discriminates against potential lower-income residents.

Legal Implications and Challenges

Exclusionary zoning laws are often subjected to legal challenges. Courts have increasingly scrutinized these regulations, especially when they appear to conflict with federal and state fair housing laws.

Alternatives to Exclusionary Zoning

• Inclusionary Zoning: Requires a portion of new housing be affordable to low- and moderate-income households.
• Flexible Zoning Practices: Adapt zoning codes to allow for a mix of housing types and densities in every neighborhood.
• Community Land Trusts: Municipalities and non-profits acquire land to ensure long-term affordability for housing.

Frequently Asked Questions

What Are the Main Differences Between Exclusionary and Inclusionary Zoning?

Exclusionary zoning aims to restrict certain types of housing, often lowering affordability. In contrast, inclusionary zoning mandates that include a mix of housing options to improve affordability.

Is Exclusionary Zoning Legal?

While not always illegal, exclusionary zoning can violate federal and state fair housing laws and is subject to judiciary review.

How Can Communities Combat the Effects of Exclusionary Zoning?

Adopt inclusive zoning regulations, provide incentives for affordable housing development, and create mechanisms like land trusts to preserve affordable housing.

Related Terms: inclusionary zoning, land-use law, housing density, urban sprawl, affordable housing.