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Since 2004, we have been dedicated to using land use planning, education, and law to ensure that Oregonians of all income levels can obtain adequate and affordable housing.

 

 

OTHERWISE UNAVAILABLE: HOW OREGON REV. STAT. 197.309 VIOLATES THE FAIR HOUSING ACT

HLA Board Member Jenny Logan’s article “Otherwise Unavailable”: How OR. REV. STAT. 197.309 Violates the Fair Housing Act was published this month in the American Bar Association’s Journal of Housing and Community Development Law.  The article argues that ORS 197.309, Oregon’s statutory ban on mandatory inclusionary zoning (“IZ”), has a detrimental disparate impact on people of color in Oregon—in violation of the Federal Fair Housing Act.

The ban on IZ, which took effect in 1999 thanks to efforts by the Oregon Homebuilders’ Association, prevents local jurisdictions from exercising control over development to ensure a sufficient amount of affordable housing in neighborhoods of opportunity and to combat racial segregation in residential neighborhoods.

Logan worked with a coalition of community partners around the State to overturn the ban in 2013, and worked with Senator Shields and Rep. Reardon to submit a repeal bill in 2013.  The bill, HB 2890, was voted out of committee but did not come to the floor for a vote.  The coalition, along with other interested partners, convened a work group in 2014 to explore the issue further, and plans to bring the repeal bill back to the regular session in 2015.

Article Citation: Otherwise Unavailable: How OR REV. STAT. 197.309 Violates the Fair Housing Act. Journal of Affordable Housing, Vol. 22, No. 2 Winter 2014. 

This information or any portion thereof may not be copied or disseminated in any form or by any means or downloaded or stored in an electronic database or retrieval system without the express written consent of the American Bar Association.

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