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

Must-Read Harvard Books Winter 2025

From aphorisms to art heists to democracy’s necessary conditions 

Parks and Rec Comedy Writer Aisha Muharrar Gets Serious about Grief

With Loved One, the Harvard grad and Lampoon veteran makes her debut as a novelist.

Shakespeare’s Greatest Rival

Without Christopher Marlowe, there might not have been a Bard.

Most popular

Harvard Announces Four University Professors

Catherine Dulac, Noah Feldman, Claudia Goldin, and Cumrun Vafa receive the University’s highest faculty distinction.

The Origins of Europe’s Most Mysterious Languages

A small group of Siberian hunter-gatherers changed the way millions of Europeans speak today.

What Trump Means for John Roberts’s Legacy

Executive power is on the docket at the Supreme Court.

Explore More From Current Issue

Students in purple jackets seated on chairs, facing away in a grassy area.

A New Prescription for Youth Mental Health

Kenyan entrepreneur Tom Osborn ’20 reimagines care for a global crisis.

Illustration of tiny doctors working inside a large nose against a turquoise background.

A Flu Vaccine That Actually Works

Next-gen vaccines delivered directly to the site of infection are far more effective than existing shots.

Two women in traditional Japanese clothing sitting on a wooden platform near a tranquil pond, surrounded by autumn foliage.

Japan As It Never Will Be Again

Harvard’s Stillman collection showcases glimpses of the Meiji era.