An Inflection Point for Affordable Housing: The Promise of Inclusionary Mixed-Use Redevelopment 52 UIC Law Review 2018-2019

52 UIC L. Rev. 581 (2018-2019)
An Inflection Point for Affordable Housing: The Promise of Inclusionary Mixed-Use Redevelopment

handle is hein.journals/jmlr52 and id is 585 raw text is:

AN INFLECTION POINT FOR AFFORDABLE
HOUSING: THE PROMISE OF
INCLUSIONARY MIXED-USE
REDEVELOPMENT

PAULA A. FRANZESE*

I. IN TR O D U CTION ................................................................ 58 1
II. PART I: ECONOMIC EXCLUSION IN HOUSING ................... 583
III. PART II: NEW JERSEYS PIONEERING SOCIAL EXPERIMENT:
M O UN T LAU REL .............................................................. 587
IV. PART III: THE RISE OF MIXED-USE REDEVELOPMENT AND
THE PROMISE OF INCLUSION ........................................... 594
V . C O N CLU SIO N ................................................................... 6 00

I. INTRODUCTION

America's suburbs have not caught up to the changes wrought
by twenty-first century market shifts that have transformed the
housing needs, preferences and workplaces of whole segments of the
population. Built during the New Deal and post-World War II baby
boom, suburbs quickly emerged as the lifeblood of white middle-
class and upper middle-class America.1 Billed as a sanctuary from
the office (which was located in a nearby suburban office park2 or
city) where one worked until retirement, the single-family home in
an exclusively residential zone became the primary source of
housing for the upwardly mobile family.3 As laws and policies
precluded people of color from participating in the promise of
suburbanization,4 government poured billions of dollars into road
construction and infrastructure development to support suburban
growth. By 1970, bedroom communities had mushroomed in
territorial size and the homogeneous populations they housed.5
Today, the aims of inclusionary housing are converging with
the new realities of both the workplace and consumer housing
preferences. This century finds neither viable nor likely the

* Peter W. Rodino Professor of Law, Seton Hall University School of Law.
The Author thanks the participants of the 16th Kravotil Conference on Real
Estate Law & Practice for their insights and Timothy J. Paulson for his
excellent research assistance.
1. LIZABETH COHEN, A CONSUMERS' REPUBLIC: THE POLITICS OF MASS
CONSUMPTION 202 (2002). See discussion infra Part I (discussing the systematic
de facto and de jure racial segregation that excluded African Americans from
the promises of suburban development).
2. See, e.g., Chris Matthews, The Reincarnation of Bell Labs, FORTUNE (Feb.
2, 2015), fortune.com/2015/02/02/bell-labs-real-estate-revival/; Miranda S.
Spivack, The Old Office Park is Getting a Big Reboot, N.Y. TIMES (Dec. 5, 2017),
www.nytimes.com/2017/12/05/business/office-park-real-estate.html.
3. KENNETH T. JACKSON, CRABGRASS FRONTIER: THE SUBURBANIZATION OF
THE UNITED STATES 4 (1985).
4. See infra Part I.
5. COHEN, supra note 1.

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