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- Title
BREAKING FREE FROM "CRIME-FREE": STATE-LEVEL RESPONSES TO HARMFUL HOUSING ORDINANCES.
- Authors
Procbaska, Jenna
- Abstract
Municipalities throughout the country enforce broad and barmful crime-free housing and nuisance property ordinances (CFNOs)-local laws tbat encourage landlords to evict or exclude tenants from housing opportunities based on their contact witb tbe criminal legal system or calls for police help. There is little evidence tbat CFNOs are effective at achieving their stated goal of increasing community safety, and there is signifcant evidence tbat tbey harm Black and Latinx communities, survivors of domestic violence, individuals witb disabilities, and low-income tenants and communities more broadly. Despite more than a decade of legal advocacy successfully challenging CFNOs using a range of legal theories under state and federal civil rights laws, these ordinances continue to proliferate. This Article explores the potential for state-level legistative and executive action to combat the civil rights threat posed by CFNOs. It discusses tbe broad autbority states retain to enact preemption laws targeting CFNOs and summarizes tbe range of existing state preemption legislation on tbis issue. Informed by interviews with a network of advocates, it discusses the benefits and challenges of advancing state-level legislation targeting CFNOs. Finally, tbis Article explores tbe expansive regulatory and enforcement powers tbat state governments can deploy to combat or curtail tbe harmful effects of CFNOs, including through state attorneys general, specialized state agencies, and fair housing planning processes. As CFNOs continue to harm tenants and communities, tbis Article argues states should use all available legislative, regulatog, and enforcement tools to respond.
- Subjects
HOUSING laws; DOMESTIC violence; TENANTS; PROPERTY law reform; CIVIL rights
- Publication
Lewis & Clark Law Review, 2023, Vol 27, Issue 1, p259
- ISSN
1557-6582
- Publication type
Article