Exclusionary Zoning and the Limits of Judicial Impact

Abstract

Courts in the neighboring states of New Jersey, New York, and Pennsylvania have taken divergent approaches to local exclusionary zoning, which entails land use regulations restricting the development of housing affordable to low- and moderate-income households. Using difference-in-differences regression models, we assess whether this variation has affected the availability of townhome and apartment units. We also validate the use of unit type as a proxy for occupant income. We find that New Jersey’s approach was associated with increases in the stock of townhome and apartment units relative to suburban jurisdictions in New York State, but not Pennsylvania.