Cm. Haar, JUDGES AS AGENTS OF SOCIAL-CHANGE - CAN THE COURTS BREAK THE AFFORDABLE HOUSING DEADLOCK IN METROPOLITAN-AREAS, Housing policy debate, 8(3), 1997, pp. 633-650
Nowhere is the chasm between the races more apparent than in the physi
cal division of metropolitan areas between inner-city poverty and subu
rban affluence. Thus far, public policy efforts to introduce metropoli
tan perspectives into local land use regulations have been unsuccessfu
l. The series of New Jersey Mount Laurel decisions lays out a possible
path for introducing comprehensive regional planning by deploying the
constitutional power of state courts. Relying on the allied professio
ns of economics and city planning, the New Jersey Supreme Court elimin
ated the legal barriers to affordable housing in the suburbs. Question
s have been raised over courts' ability to reform local government pow
ers, but many traditional objections to the effectiveness of judicial
reform seem to have been overcome in the New Jersey litigations and le
gislations. State courts can play an indispensable role in solving reg
ional land use problems if they secure the support of community leader
ship groups.