Evictions invite instability into every aspect of daily life. Children are uprooted from schools because their parents are no longer able to rent a home in the school district. Parents are fired from jobs because they take days off to find patchwork solutions to avoid homelessness. COVID-19 forced the public to become aware of many social issues, including the harsh reality of evictions. With the end of the pandemic is in sight, the impact of evictions cannot be forgotten. Action must be taken to ensure stable housing for generations to come. Broadening a state’s general zoning power to explicitly include affordable housing is the proper solution. This Comment explores the legal history of inclusionary zoning and provides model language to local governments for the constitutional implementation of such policies that ensure private developers receive a reciprocal benefit for their role in providing affordable housing. Constitutionally providing for inclusionary zoning is an important step towards ending the eviction cycle in many states, especially in North Carolina.
Rebecca K. Skahen, Opportunity in a Pandemic: Ending the Eviction Cycle by Constitutionally Providing for Inclusionary Zoning with State-Enacted Land-Use Regulations, 43 Campbell L. Rev. 375 (2021).