implemented, therefore, the suggested housing expansion could
trim the cost of new or rehabilitation work per square foot and add
further to improving both the housing market and the economy.
The
appropriate federal agencies should be given the power to enforce
state and local observance of federal law and rulings about open
housing and environmental protection, carrying strong sanctions.
Enforcement must be based on thorough understanding and review of
local situations. Air quality and open and adequate community
facilities are associated with housing quality and choice, and with
neighborhood amenities. Practices that lead to exclusionary and
discriminatory results for those seeking housing often stem from
environmental concerns. Environmental quality and housing choice
need to be preserved for everyone. Review of local and state
regulations and their administration for both these objectives are
necessary for attaining and commanding compliance with the
Constitution and federal law.
A recent
exhaustive analysis and review of the literature and of litigation
on this subject by Randall W. Scott of the Urban Land Institute
documents the interrelationship of environmental concerns and
housing discrimination. He concludes that:
Philosophically, government appears unwilling to
establish firm policy, guidance, and support relative to the equal
opportunity/exclusion/discrimination issues in housing and land
use, even though its potential arsenal for dealing with these
problems is immense....
Since the
first housing act of 1934, there has been evolving a thrust toward
the development of a national housing policy... to provide adequate
housing for all persons. Yet it has been shown time and again that
exclusionary land use practices serve to frustrate the fulfillment
of this national objective.
Scott's
list of community practices include many that affect minorities but
relate primarily to growth: building moratoria, slow growth
policies, and refusal to provide capacity or funding for municipal
services, such as sewage and water systems. Among economic policies
are large lot zoning, limitation on number of bedrooms, and
prohibition against multifamily dwellings.
So far,
significant investigations and litigation to remove obstacles to
open housing have originated in local or national private groups
with limited funds. Housing on equal terms for all citizens cannot
be left entirely to local administration.
In
environmental matters also, attention to air quality standards and
other concerns cannot be left to narrow interests. Environmental
policies need forceful regional and national implementation on
their own account.