Legislation recently enacted by New York State as part of its budget process directly offers the prospect of preserving several thousand affordable housing units at risk for losing their tenant protections, and indirectly raises the question of why an obvious set of tools aren’t being used to change the day-to-day reality of luxury condominium buildings being developed with zero percent affordable units included.

Assigned by the presiding judge in the Mayor Adams case to grapple with issues raised by alleged improper conduct by DOJ in seeking dismissal, former Solicitor General appears to falsely pretend that "all roads" lead to a dismissal with prejudice (and not denial of leave to dismiss). We annotate the brief and ask you to consider: did Clement fairly make his case?

A large percentage of municipalities in Westchester and Nassau Counties — two of the beating hearts of exclusionary zoning in the New York City metropolitan area — are saying in effect, “No, thank you, we like our exclusion just the way we have it.” The lack of progress is especially apparent in municipalities with the lowest percentages of non-Hispanic Black residents.