What discriminatory laws are putting workers out on the street, and why should you care?

Learn how discriminatory laws in the U.S. are making housing unaffordable for low-income individuals and minorities.

September 09, 2024

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In today’s America, a silent crisis is unfolding in our neighborhoods, one that’s pushing hard-working individuals to the brink of homelessness. The culprit? Outdated and discriminatory zoning laws that are making housing unaffordable for low-income individuals, minorities, and other vulnerable groups. These seemingly harmless regulations designed to maintain order in our communities hide a troubling reality of systemic discrimination.

Unmasking discriminatory zoning laws

At the heart of this issue are occupancy restrictions that limit the number of unrelated individuals who can live together while allowing unlimited family members. This rule disproportionately affects low-income workers who might benefit from shared housing arrangements. Similarly, regulations mandating “single-family” neighborhoods often serve as a thinly veiled attempt to exclude certain groups, limiting affordable housing options. While parking requirements, noise complaints and safety are frequently cited as a concern, these issues are typically covered by other parts of city codes, suggesting that these zoning laws have a different, more exclusionary purpose.

The origins of zoning laws

Zoning laws in the United States trace their origins to the early 20th century, emerging as a response to rapid urbanization and industrialization. The first comprehensive zoning ordinance was enacted in New York City in 1916, spurred by concerns over the construction of skyscrapers that blocked sunlight and air from reaching neighboring buildings. 

This ordinance established separate districts for residential, commercial, and industrial uses, as well as height and setback requirements for buildings. The practice quickly spread to other cities, gaining legal validation through the 1926 Supreme Court case Village of Euclid v. Ambler Realty Co., which upheld zoning as a valid exercise of municipal police power. Following this ruling, zoning became a widespread tool for urban planning across the country, shaping the development patterns of American cities and suburbs throughout the 20th century and beyond.

In Belle Terre v. Boraas (1974), Justice Marshall dissented from the Supreme Court’s majority opinion upholding the village’s zoning ordinance that restricted residential properties to single-family use only. The case involved students renting a home in Belle Terre, which led to a legal challenge against the ordinance on grounds of violating constitutional rights. In a separate dissent, Justice Thurgood Marshall wrote that the ordinance “unnecessarily burdens” the lessors’ right to privacy and First Amendment right to freedom of association. He believed the village’s legitimate interests in controlling land use could be satisfied by simply limiting the number of people dwelling in a single residence without specifying that they must be related or unrelated.

The far-reaching impact

The real-world impact of these discriminatory laws is far-reaching and deeply concerning. By artificially limiting housing options, these laws drive up costs, pushing affordable housing out of reach for many workers. Studies show that 98% of those affected by these laws are minorities, perpetuating systemic inequalities. The affordability crisis creates particular challenges for single parents, especially mothers, who struggle to find suitable homes within their means. Moreover, individuals with disabilities often face additional hurdles in finding affordable, accessible housing due to these restrictive laws.

Why you should care

You might be wondering why this should matter to you if you’re not directly affected. The truth is, the repercussions of these discriminatory housing laws extend far beyond those immediately impacted. When workers can’t afford to live near their jobs, it affects productivity, increases commute times, and impacts local economies. Long commutes due to lack of affordable housing near workplaces can lead to increased fatigue and a higher risk of accidents, raising safety concerns for everyone on the road. 

Furthermore, diverse, inclusive communities are stronger and more vibrant, and exclusionary housing policies erode this potential. From a fiscal perspective, addressing homelessness and housing insecurity through social programs is often more costly than preventing the issue through fair housing policies.

Economic impact of the housing crisis

The housing crisis extends beyond increased commutes; it has a profound effect on local economies through reduced consumer spending and diminished business viability. When workers are forced to spend a significant portion of their income on exorbitant housing costs, they have less disposable income for local goods and services. This decrease in consumer spending can lead to lower revenues for local businesses, stifling economic growth and leading to closures or cutbacks. 

Additionally, businesses that rely on a local workforce may struggle to attract or retain employees if affordable housing is not available nearby. This creates a cycle where economic activity is diminished, affecting everything from retail stores to service providers and further exacerbating the economic challenges faced by communities.

Social impact of exclusionary zoning laws

Exclusionary zoning laws profoundly impact community cohesion and diversity by limiting affordable housing options and fostering segregation. These laws often create homogeneous neighborhoods by restricting the types of housing that can be built, which excludes lower-income and minority groups from accessing certain areas. As a result, communities become less diverse, and social interaction between different economic and ethnic groups is reduced. 

This lack of diversity undermines community resilience and social solidarity, leading to isolated enclaves where resources and opportunities are unevenly distributed. By perpetuating segregation and limiting inclusive growth, exclusionary zoning laws hinder the development of vibrant, interconnected communities that benefit from a rich tapestry of cultural and social interactions.

Taking action: what you can do

Solving this crisis requires a multi-faceted approach, and there are several ways you can contribute to positive change. Engaging with local elected officials and making your voice heard on zoning reform is a crucial step. Supporting policies that aim to rewrite discriminatory zoning codes, like recent efforts in Denver and Atlanta, can drive significant change. 

Embracing innovation by backing companies and initiatives that are working to provide affordable housing solutions without relying solely on government subsidies is another impactful action. Getting involved with YIMBY (Yes In My Back Yard) organizations in your area and spreading awareness about this issue and its wide-ranging impacts on our society can help build the momentum needed for change.

The path forward

Addressing discriminatory housing laws isn’t just about social justice—it’s about creating stronger, more prosperous communities for everyone. By partnering innovative private solutions like PadSplit with progressive public policies, we can work towards a future where affordable housing is accessible to all workers, regardless of their background or income level. It’s time to recognize that the affordable housing crisis is not just a housing issue—it’s an economic issue, a safety issue, and a moral imperative. 

By taking action now, we can build a more equitable and thriving society for all. The path forward may be challenging, but with collective effort and awareness, we can create meaningful change in our communities and ensure that everyone has access to the fundamental right to affordable housing.

Get involved today to drive real change

Why act now? The longer we wait, the deeper the crisis becomes. Immediate action not only helps those at risk of losing their homes but also contributes to the overall health and vitality of our communities. Addressing this issue now will reduce homelessness, improve local economies, and foster more inclusive, vibrant neighborhoods.

Be part of the solution. Your engagement can transform lives and build a future where everyone has access to secure, affordable housing. Visit PadSplit.com and YIMBY Action to learn how you can make a difference now.

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