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

Radcliffe Institute Announces 2026-2027 Fellows

Scholars will tap Harvard’s intellectual resources during the coming academic year.

For This Poet, AI Is a Writing Partner

Sasha Stiles trained a chatbot on her manuscripts. Now, her poems rewrite themselves.

These Harvard Mountaineers Braved Denali’s Wall of Ice

John Graham’s Denali Diary documents a dangerous and historic climb.

Most popular

Ronny Chieng Tells Harvard to ‘Destroy AI’ as Graduates Cheer

The comedian and The Daily Show host gave the keynote address for Class Day 2026.

Martin Nowak Placed on Leave a Second Time

Further links to Jeffrey Epstein surface in newly released files.

Commencement Day with Conan O’Brien

The comedian headlined a star-studded cast for Harvard’s 375th Commencement exercises.

Explore More From Current Issue

Historical scene in colonial Boston depicting British soldiers confronting civilians, with smoke rising, in a city street.

Houghton Library Displays Revolution-era News and Propaganda

A new exhibit reveals how early Americans learned about the war.

Historical scene depicting a parade with soldiers and a town square in the background.

When the Revolution Hit Cambridge, Harvard Moved to Concord

College students broke hearts and windows during their year in exile.

Mercy Otis Warren in period attire writes at a desk by candlelight, surrounded by books.

The Woman Who Penned the Case for War

Mercy Otis Warren’s poetry and plays incited the Patriot movement.