The Color of Law A Forgotten History of How Our Government Segregated America by Richard Rothstein (z-lib.org).epub

Herbers 1969; Lilley 1970; Bonastia 2006; Danielson 1976;
McDonald 1970; Lamb 2005, and Lemann 1991, 209.
p. 203, 2 Sharkey 2014, 925 (table 2). The data are from 2000. Sharkey
defines a middle-class family as one with annual income of at least
$30,000, and a “severely disadvantaged” census tract as one where
the concentration of welfare receipt, poverty, unemployment,
female-headed households, and young children is more than two
standard deviations above the national average.
p. 204, 2 This is not intended as a fully developed proposal. Metropolitan
areas with smaller African American populations would require a
different fair share definition. Perhaps, for example, metropolitan
areas with a black population of 10 percent should define their
suburbs as segregated if their African American population is less
than 5 percent.
p. 205, 1 Racioppi and Akin 2015; O’Dea 2015; Krefetz 2000–1; Herr 2002;
Smart Growth America 2016; Massey et al. 2013. In New Jersey
until 2008, towns (in practice, towns with wealthier residents) were
permitted to evade this requirement by paying other towns to
assume their fair share obligations. Legislation prohibiting this
arrangement was adopted in 2008. In 2015, the New Jersey
Supreme Court, confronted with foot-dragging by wealthy towns
and by the governor, removed responsibility for planning fair share
developments from towns and made this a judicial function.
The Massachusetts 40B program, adopted in 1969, overrides
local exclusionary zoning laws in jurisdictions where less than 10
percent of existing housing is “affordable”—i.e., where rents or
purchase payments can reasonably be made by families whose
income is 80 percent or less than the area’s median income. For
developers to take advantage of this flexibility, at least 25 percent
of the units in their projects must be permanently affordable, after
federal subsidies for low- and moderate-income housing have been
used. Since the law’s passage, the number of jurisdictions where
less than 10 percent of their housing stock is affordable has
declined.
p. 206, 1 Schwartz 2010.
p. 206, 2 Boger 1993.
p. 207, 2 Berdahl-Baldwin 2015; Donovan 2015; Darrah and DeLuca 2014.
The criteria for participation in the Baltimore program are
somewhat more complex than described here but not substantially
different.