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Court ruling in Texas Department of Housing and Community<br />

Affairs v. The Inclusive Communities Project states<br />

that certain policy decisions, even if unintentional, create<br />

a “disparate impact” on discrimination in housing, and are<br />

therefore illegal under the Fair Housing Act. 12<br />

Historically, rather than being perceived as furthering<br />

social equality, the minimum standards written<br />

into zoning and building codes in the postwar period were<br />

often equated with a type of top-down standardization that<br />

stifled individual expression and choice. “Diversity” of design,<br />

use, and economic standing became the overarching<br />

goal, at least for cities, as advanced by Jane Jacobs and other<br />

critics, and was pitted against enforced “sameness.” 13 A<br />

generally positively construed diversity remains a key term<br />

in housing policy debates today, with its relationship to<br />

economic and social inequality unresolved. That is: diversity<br />

is advanced in lieu of any substantive dialogue about<br />

inequality or affordability. A case in point is the “Making<br />

Room” initiative, launched in 2009 by the Citizens’ Housing<br />

and Planning Council (CHPC). Its goal is to reform<br />

regulations in New York City today in order to enable the<br />

production of housing that would better match the reality<br />

of how today’s households live. CHPC is focused in particular<br />

on those regulations tied to normative definitions<br />

such as “family” which limit the production of both housing<br />

for single adults or nontraditional larger households;<br />

they point to the fact that two parents and their children<br />

constitute only 17 percent of New York City’s households.<br />

Another of CHPC’s targets are regulations that prohibit a<br />

combination of commercial and residential uses, despite a<br />

rise in people working from home. As realistically minded<br />

as these efforts are, it is important to note that such initiatives<br />

tread precisely on the standards that have their<br />

origins in leveling the playing field of real estate development,<br />

advancing quality, and protecting those with little or<br />

no power to survive in the open market. 14 1.3.3 Mixed Results<br />

New forms of spatial organization linked to<br />

codes, regulations, and design guidelines, have often been<br />

linked to new models of real estate development. The<br />

housing built by the federal Public Works Administration<br />

(PWA)—a pilot program whose projects led to the institutionalization<br />

of public housing in 1937—was intrinsically<br />

connected to the modern housing movement inspired by<br />

European housing models. The Labor Housing Conference<br />

linked its advocacy for a non-commercial, non market–based<br />

housing program to forms of collective living<br />

that would follow a new, nontraditional aesthetic and provide<br />

amenities including swimming pools and other communal<br />

facilities [See HH: 1934]. 15 Sixty years later, with the<br />

redevelopment of public housing through HOPE VI, the<br />

strategy of linking advocacy for a new form of housing—<br />

mixed-income and market-based—to a specific planning<br />

and design idea, has not been any different. The urban<br />

design and architectural paradigm articulated by the Congress<br />

of the New Urbanism was linked to the Department<br />

of Housing and Urban Development (HUD)’s initiative to<br />

promote a real-estate model that minimized, on the surface,<br />

direct public involvement in housing, and instead<br />

prioritized private financing, ownership, and management<br />

of mixed-income housing. 16<br />

The program was implemented differently in<br />

different cities. By 2013, HOPE VI had distributed 262<br />

revitalization grants and 285 demolition-only grants<br />

throughout the country for an approximate total of $6.7<br />

billion [See HH: 1994]. 17 Chicago, the city with one of the<br />

most iconic collections of high-rise developments, was one<br />

of the cities to embrace HOPE VI most emphatically [See<br />

HH: 1947]. The city’s “Plan for Transformation,” launched<br />

in 2000, targeted a unit mix consisting of one-third public<br />

housing, one-third affordable housing, and one-third market-rate<br />

housing in new construction [See HH: 1954, 1962]. 18<br />

68 69

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