Regional Consensus on Affordable Housing: Yes in My Backyard?

The traditional response to exclusionary zoning has been state preemption through judicial intervention or special zoning appeals laws. An analysis of two recent Connecticut cases suggests a promising alternative: explicit intermunicipal negotiation over "fair share" compacts. These negotiations took place under new enabling legislation and with strong support of state housing officials and were facilitated by outside mediators. In spite of the subsequent economic downturn, participating communities are ahead of schedule in producing promised affordable housing units. Notwithstanding these results, however, difficult questions remain about the political accountability of private mediators, inclusion of stakeholders, and the potentially diminished role of existing regional planning agencies.