State-Sponsored Discrimination

The role of zoing law and housing in making America more unequal—and what to do about it

Illustration of housing outside a central city

Illustration by iStock

Residential segregation—much of it codified in federal, state, and local state law—has, over time, deepened disparities of wealth and access to education in the United States. Richard Rothstein ’63 documented that history to devastating effect in The Color of Law (2017). Now, he and coauthor (and daughter) Leah Rothstein, an affordable-housing consultant, have published a manual, Just Action: How to Challenge Segregation Enacted Under the Color of Law (Liveright, $25). They ask, “How can we ever develop the common national identity…essential to the preservation of our democracy if most whites and African Americans live so apart from each other that we have no ability to identify with each other’s experiences or empathize with each other’s hopes and dreams?”

Richard D. Kahlenberg ’85, J.D. ’89, who has written extensively on education and class in America, has now taken up these underlying issues, too, in Excluded: How Snob Zoning, NIMBYism, and Class Bias Build the Walls We Don’t See (PublicAffairs, $30). Describing the circumstances facing KiAra Cornelius, an employed single mother of two school-age children living in a challenging neighborhood in South Columbus, Ohio, Kahlenberg writes:

 

For low-wage workers like Cornelius, the biggest obstacle…is state-sponsored economic discrimination. In most American cities, on three-quarters of residential land, zoning laws prohibit the construction of multifamily units—duplexes, triplexes, and apartment buildings—that might be affordable to people like Cornelius. In some suburbs, it is illegal to build multifamily housing on nearly 100 percent of the residential land. Only single-family homes are permitted—sometimes with a minimum lot size requirement added in. Some local laws provide that when multifamily units are allowed, they must have expensive features, such as special trims or facades. All of these requirements are designed to keep families like Cornelius’s out.

These laws are not part of a distant, disgraceful past. They are, says one researcher, a “central organizing feature in American metropolitan life.” Indeed, following passage of the Fair Housing Act of 1968 that outlawed racial discrimination, communities doubled down on economically discriminatory zoning—and other discriminatory land-use policies (such as growth moratoria)—which disproportionately hurts people of color like Cornelius and also hurts working-class white people.

This new economic discrimination is harder to see because it is more subtle than raw racism.

Related topics

You might also like

Open Book: A New Nuclear Age

Harvard historian Serhii Plokhy’s latest book looks at the rising danger of a new arms race.

Novelist Lev Grossman on Why Fantasy Isn’t About Escapism

The Magicians author discusses his influences, from Harvard to King Arthur to Tolkien.

For Campus Speech, Civility is a Cultural Practice

A former Harvard College dean reviews Princeton President Christopher Eisgruber’s book Terms of Respect.

Most popular

Is the Constitution Broken?

Harvard legal scholars debate the state of our founding national document.

Why Men Are Falling Behind in Education, Employment, and Health

Can new approaches to education address a growing gender gap?

Explore More From Current Issue

An axolotl with a pale body and pink frilly gills, looking directly at the viewer.

Regenerative Biology’s Baby Steps

What axolotl salamanders could teach us about limb regrowth

A stylized illustration of red coral branching from a gray base, resembling a fantastical entity.

This TikTok Artist Combines Monsters and Mental Heath

Ava Jinying Salzman’s artwork helps people process difficult feelings.

Cover of "Harvard's Best" featuring a woman in a red and black gown holding a sword.

A Forgotten Harvard Anthem

Published the year the Titanic sank, “Harvard’s Best” is a quizzical ode to the University.