Local Government Liability under the Fair Housing Act and under State Anti-Exclusionary Zoning Doctrines: Part II

Abstract

Editors Note: This is the second of a two-part commentary on local government liability under the Federal Fair Housing Act and under state anti-exclusionary zoning doctrines. This month's commentary examines the community's burden of justifying its land use controls, the remedies available to plaintiffs who prevail in Fair Housing Act and state anti-exclusionary zoning litigation, and the effect of the Mount Laurel II case on the future of such court challenges. Last month's commentary discussed the prima facie case, particularly the use of statistical data to prove discriminatory effect under the Fair Housing Act. Portions of this commentary were presented in the 1983 Bettman Symposium on Law and Planning, at APA's National Planning Conference in Seattle.