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48 N.Y.U. Rev. L. & Soc. Change 1 (2025)

handle is hein.journals/nyuls48 and id is 1 raw text is: 








     COMMODIFYING PUBLIC HOUSING: NEW YORK
         CITY'S USE OF THE RENTAL ASSISTANCE
 DEMONSTRATION (RAD) PROGRAM AS NEOLIBERAL
    POLITICAL PROJECT, LEGAL RATIONALITY AND
                       NORMATIVE THEORY

                             ELIZABETH   GYORI-

                                 ABSTRACT

    As public housing across the U.S. has seen diminished investment, increased
repair needs,  and  management   dysfunction, public housing  authorities have
turned to programs  such as the federal Rental Assistance Demonstration (RAD)
program  to provide critically necessary repairs and in search offuture stability.
Billed as a cost-neutral private-public partnership by its proponents, RAD and
similar programs  convert public housing to project-based Section 8, turning over
management   responsibilities and a property interest to private actors. This Article
seeks  to uncover  the full costs of these programs   using three  currents of
understanding  neoliberalism: (1) neoliberalism as a class-based political project
seeking to re-establish and expand capital accumulation; (2) neoliberalism as a
rationality that infects all aspects of  society, including the law;  and  (3)
neoliberalism as a normative  theory on the nature offreedom  and  democracy.
Using  these lenses, this Article contends that (1) RAD and a similar program, the
Blueprint for Change, are forms of neoliberal privatization that ultimately serve
to prioritize profits for the economic elite at the expense of tenants; (2) such
prioritization is the necessary result of neoliberal logics that have overtaken all
areas of life, including the juridical; and (3) these logics lead to the treatment of

    o Elizabeth Gyori was a Skadden Fellow working on the privatization of public housing at a
large legal services organization in New York City from Sept. 2020 to Aug. 2022. Many thanks to
Luis A. Henriquez, who guided me for two years as an invaluable supervisor, and Marika Dias, who
helped me to develop this fellowship project proposal. I am also immensely grateful to the Skadden
Foundation (especially Susan Butler Plum, Kathleen Rubenstein, and Kathy Quijije), which not only
supported two years of critical legal work on behalf of NYCHA tenants but also the writing of this
Article. Thank you, Judith Murciano, for believing in me during the post-graduate fellowships
process and guiding me every step of the way. The Law and Political Economy Project and
LPE@HLS   helped me revise an earlier draft of this Article by accepting it to be workshopped at the
2023 LPE Conference at Harvard Law School. I am so grateful to the many mentors and friends who
gave me critical feedback on drafts: Jocelyn Simonson, Seema N. Patel, Sameer Ashar, Luis A.
Henriquez, Marika Dias, Jade Ngo, Elizabeth Soltan, and Jonathon Booth. I am also deeply thankful
for my partner, Daniel Munier, and two cats, Joey Ramone and Minou, who have unfailingly
supported me through this endeavor with love. Many, many thanks are also due to the wonderful
team at the NYU Review of Law and Social Change whose insight and hard work have greatly
improved this piece. Finally, thank you to the many professors and teachers over the years who
nurtured my love of political theory and socialjustice and taught me not only how to speak and write
about these issues, but also that my voice matters.

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Imaged  with Permission of N.Y.U. Review of Law & Social Change

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