Tulane Law Review
Copyright (c) 2002 Tulane University
Tulane Law Review
76 Tul. L. Rev. 1073
LENGTH: 19067 words
ARTICLE: Promise Enforcement in Public
Housing: Lessons from Rousseau and Hundertwasser
Kristen D.A. Carpenter*
* Assistant Professor of Law, Stetson University College of Law. I owe a
tremendous debt of gratitude to Professors Robert Ellickson, Owen Fiss, Robert
Solomon, Stephen Wizner, and Dean Stephen Yandle of the Yale Law School.
Professors Ellickson and Wizner provided extremely helpful comments on this
Article. In addition, Professor Ellickson made his extraordinary research files
available. Professor Fiss's Distributive Justice class provided both
inspiration and a wonderful reading list during my graduate studies at Yale.
Professor Solomon and Dean Yandle were both very generous with their time in
talking with me during the preliminary stages of my research about their work
Housing Authority of the City of New Haven (HANH). In addition, I gratefully
acknowledge the support of the faculty and administration of Stetson University
College of Law. My research was underwritten with a grant from the College, and
Dean Darby Dickerson and Professors Peter Fitzgerald, James Fox, Peter Lake,
and Thomas Marks each were kind enough to read and provide comments on this
Article in its various iterations. Stetson law student Christopher Kaiser also
did particularly fine work as my research assistant. This Article was inspired
by Clarice Shaw, Julia Mayo, Juanita DeBey, and all of the other brave men and
women I represented during my fellowship at the Atlanta Legal Aid Society, and
by Gina Snyder, who supervised my work as a young lawyer so patiently and who
taught me by example what it means to be a counselor at law. In addition, I
give special thanks to my parents, Larry and Priscilla Adams, who have helped
me realize my dream of being a law professor and, most of all, to my husband
Chris, who has always believed in me and dreamt with me.
housing has failed the poor. ... In an effort to integrate public
housing into the rest of society, HOPE VI has presented a new model that includes
three components: (1) New Urbanist new architecture, (2) income mixing, and (3)
lease enforcement and community and supportive services. ... I use features of
Hundertwasser-Haus, a public-housing development designed by Viennese artist Friedensreich Hundertwasser, to
illustrate each component. ... Instead, income mixing and New Urbanist
planning and design do add value to public-housing reform because they are the means by which HOPE VI attempts to bring public-housing residents within the social contract. ... Hundertwasser's work suggests
additional means by which public
housing can demonstrate fiscal responsibility. ... American public
housing could learn from Hundertwasser's example to make changes in buildings at
strategic points, rather than demolishing them. ... American public
housing can learn from Hundertwasser's example by considering the ways in which public
housing might be a better citizen. ... I believe the fact that each of the following
remains problematic demonstrates that HOPE VI has not satisfied Promise
Enforcement: Public-housing reform has not progressed from new architecture to contextual thinking, from
income mixing to valuing individuality, or from lease enforcement and
supportive services to comprehensive responsibility. ...
I cannot evict them from my insomniac nights, tenants in the city of coughing
and dead radiators. They bang the radiators like cold hollow marimbas; they cry
out to unseen creatures skittering across their feet in darkness; they fold
hands over plates to protect food from ceilings black with roaches.
housing has failed the poor. The much-maligned physical characteristics of traditional
housing, however, are not its greatest problem.
n2 Rather, the greatest failing of public
housing is that it has marginalized the poor. In an effort to integrate public
housing into the rest of society, HOPE VI has presented a new model that includes
three components: (1) New Urbanist new architecture, (2) income mixing, and (3)
lease enforcement and community and supportive services.
n3 The first two components, new design and
[*1076] income mixing, are very expensive and reduce the supply of
housing available to the most needy.
n4 More importantly, New Urbanist design and income mixing have been ineffective
in bringing about societal change.
n5 The third component, lease enforcement and comprehensive supportive services,
is more effective but cannot alone eliminate the poverty and isolation that
In place of HOPE VI, this Article proposes a new framework for public-housing reform called Promise Enforcement. Promise Enforcement involves bringing
public-housing residents within the
"social contract," as Rousseau used that term.
n7 Promise Enforcement
[*1077] has three elements: contextual thinking, valuing individuality, and
comprehensive responsibility. I use features of Hundertwasser-Haus, a public-housing development designed by Viennese artist Friedensreich Hundertwasser, to
illustrate each component.
n8 HOPE VI's three components, (1) New Urbanist new architecture, (2) income
mixing, and (3) lease enforcement and community and supportive services, are
each in some way a step toward the three respective elements of Promise
Enforcement. This Article includes both an analysis of the manner in which each
component of HOPE VI falls short of Promise Enforcement and a positive
recommendation for modifying each to meet the requirements of Promise
[*1079] Although Hundertwasser-Haus may seem too fantastic to be a useful model, this
project makes some very practical statements about what public
housing can and should be. Much of what may seem improbable and whimsical about
Hundertwasser-Haus is grounded in concepts from which United States public-housing reform movements like HOPE VI have much to learn.
This Article's thesis is not that building a Hundertwasser-Haus in the United
States will solve America's low-income
housing problems. Rather, when this Article references various features of
Hundertwasser's development, it uses those features - like the building's
bright colors and onion domes - as symbols of larger truths about Promise
Enforcement, involving, for instance, individuality and fiscal responsibility.
My research initially led me to conclude that New Urbanist new architecture and
income mixing were unnecessary and ineffective and that lease enforcement and
comprehensive supportive services were the only defensible component of HOPE
VI. As I studied Cochran Gardens
n11 and other models of strong lease enforcement and supportive services, however,
I realized this component was neither as strong, nor the others as weak, as I
had originally believed. Lease
[*1080] enforcement and supportive services alone result in public
housing that, although perhaps clean and safe, houses people who are distressed and
n12 In addition, lease enforcement is too often imposed from outside the public-housing community and can therefore deteriorate into harassment.
n13 Supportive services, along the same lines, are often underfunded. Instead,
income mixing and New Urbanist planning and design do add value to public-housing reform because they are the means by which HOPE VI attempts to bring public-housing residents within the social contract.
Both income mixing and New Urbanist planning, however, are flawed in their
current form. At its best, New Urbanist design blurs the lines between public
housing and the rest of the community.
n15 At its worst, New Urbanist design is artificial and unreal.
n16 In addition, the extravagance of New Urbanist design makes it fiscally
irresponsible and therefore places it within the realm of charity, with all the
resentment that concept engenders.
housing can, and should, make fiscal sense as well as social sense. In addition,
because New Urbanist design is the most expensive component of HOPE VI, but not
the most effective, it diverts resources from other areas, such as supportive
services, in which those resources might be better used.
At its best, income mixing represents a valuing of individuals from different
backgrounds and life experiences.
n19 At its worst, income mixing transfers a valuable resource, public
housing, away from those who need it most.
n20 In addition, income mixing fails former residents who are left behind by the
n21 Furthermore, income mixing is not achieving the societal benefits it was
expected to provide.
Promise Enforcement attempts to remedy the flaws in HOPE VI through contextual
thinking, valuing individuality, and comprehensive responsibility,
respectively. In addition, Promise Enforcement goes beyond HOPE VI. Contextual
thinking involves a greater sense of environmental, historical, and geographic
context than New Urbanist
[*1081] public-housing design.
n23 Valuing individuality allows individuation in a manner not currently possible
n24 Comprehensive responsibility provides greater opportunity for tenant
involvement than HOPE VI does.
B. HOPE VI and Promise Enforcement
HOPE VI grants are enabling cities across the country to replace traditional
housing with low-density New Urbanist townhouse units.
n26 In considering the extent to which HOPE VI is consistent with Promise
Enforcement, this Article focuses on data gathered from Atlanta's redevelopment
of the Techwood/Clark Howell public-housing projects into Centennial Place and New Haven's redevelopment of the Elm Haven
public-housing project into Monterey Place.
n27 I chose Centennial Place and Monterey Place because these two projects were
among the first to receive HOPE VI funds and have a number of characteristics
in common. First, the original developments were innovative when built and were
very similar in architecture, in both original and predemolition demographics
and in eventual reputation for crime and disrepair.
n28 Second, both received HOPE VI funding the
[*1082] same year, 1993, and in similar amounts.
n29 Third, both New Haven and Atlanta have had a history of troubled
[*1083] In addition, however, differences between the two cities ensured that using
data from both would provide a balanced perspective. Atlanta, containing about
417,000 people within the city limits and almost 3.7 million in the Atlanta
metropolitan area, is a growing city and has a rapidly expanding real estate
n31 New Haven, a city of about 124,000, remains in an extended period of
contraction and faces an ever-dwindling supply of jobs.
n32 Additionally, Atlanta's redevelopment process proceeded quickly in
anticipation of the Centennial Olympic games, while New Haven's moved much more
slowly and has been the subject of much scandal.
n33 Finally, Techwood/Clark Howell and, later, Centennial Place, were built into a
residential void, an area surrounded by the Georgia Institute of Technology,
the headquarters of the Coca-Cola Company, and an industrial park.
n34 Elm Haven and the new Monterey Place development, on the other hand, were
built in the Dixwell neighborhood, a center of African-American culture for
over one hundred years.
II. From HOPE VI to Promise Enforcement
Promise Enforcement is intended to invoke Rousseauean social-contract theory.
Too often, public-housing policy is something done
"to," rather than
"by," or even
"with" public-housing tenants, who are thought of more often as
"denizens" than as
n36 Each of the three elements of Promise Enforcement is grounded in the language
of Rousseau's social contract. The first element of Promise Enforcement,
contextual thinking, is related to a necessary threshold condition for the
social contract to exist: before a social contract can be formed, it is
necessary that the people to be within the contract have agreed to be unified
and understand themselves to be a single people.
n37 The second and third elements, valuing individuality and comprehensive
responsibility, go to the status of the contract, assuming that the threshold
requirement of contextual thinking already has been met.
n38 In addition, the third element, comprehensive responsibility, is related to
the Rousseauean idea that each person alienates all of his natural rights and
receives, in return, civil rights from the sovereign (of which he is a member).
n39 I will return to these concepts in the conclusion of the Article when
demonstrating why the social contract either has
[*1085] never been formed or has been breached in the United States and why this
country needs Promise Enforcement at this time.
B. From New Urbanism to Contextual Thinking
Many problems with American public
housing are important in both a symbolic and a literal sense. For instance, some
traditional public-housing architecture
"turned [its] back" on the community or was
"out of scale with the character of the surrounding area,"
n41 and New Urbanist planners have had some success in remedying these problems
through changes in physical design.
n42 In addition, society
[*1086] has turned its back on the residents of public-housing communities and has treated them as denizens rather than as citizens.
n43 New Urbanist new architecture alone cannot mend this breach.
New Urbanist leaders have high expectations for the new architecture they
design and promote,
n44 and Hundertwasser also believed architecture was important.
n45 This belief is not unfounded, as the physical environment of traditional
housing - especially high-rise towers - may be responsible for significant, negative
social and psychological effects.
n46 New Urbanism, however, exaggerates the role that architecture alone can play.
Too much of New Urbanist thought mirrors ideals from the earlier days of public
housing in the United States.
n47 Even when public
housing is tidy and safe, as it was in the 1930s, residents of public
housing are outside the social contract.
2. Logistics of New Urbanist New Design
a. New Urbanism on the Building Level
Elm Haven and Techwood/Clark Howell consisted of coarse-grain superblocks of
inward-facing identical buildings with plain-brick facades and flat-roof lines.
n49 Design, however, was never the biggest problem Techwood/Clark Howell and Elm
Haven faced. None of the three developments contained the sort of high-rise
tower inspired by Le Corbusier
n50 and made infamous by exposes such as Hell in a Very Tall Place
n51 or There Are No Children Here.
n52 To emphasize this point, the architecture and design of the new HOPE VI
developments are not completely dissimilar from those of the original
complexes, although a number of new amenities have been added to each. The
Atlanta and New Haven redevelopment efforts retained the townhouse design,
"landscaping, additional outdoor lighting, parks and green space to make the
housing more attractive and liveable by the residents."
n53 Amenities at Centennial Place include a pool, a clubhouse
[*1088] with fitness room, a tot lot, dishwashers, carpeting, cable television,
central air conditioning, washers and dryers, security systems, and apartments
prewired for computer networking.
n54 Apartments at Monterey Place, likewise, include central air conditioning,
wall-to-wall carpeting, washers and dryers, dishwashers, disposals, and
dedicated driveways or private parking lots.
n55 Each complex will have the benefit of a community and recreation facility.
b. Neighborhood and Regional Context
The reconnection of each new development with the surrounding neighborhood and
region is a central goal of HOPE VI.
n57 Indeed, one of the objectives of New Urbanist new architecture is the concrete
and symbolic blurring of the lines between public
housing and the larger community.
n58 Superblocks have been broken into smaller city blocks.
n59 Streets, once absent from public
housing, have been threaded through to incorporate the new development into the
community and to eliminate its isolation.
n60 This process has been easier in New Haven, where the new development is
surrounded by an established neighborhood, than in Atlanta, where the HOPE VI
community was built into an area with only nonresidential development.
n61 Even so, Monterey Place must overcome Elm Haven's history of isolation from
[*1090] the rest of the community. Indeed, some Dixwell residents claimed they did not
even know any residents of Elm Haven.
Integration of public
housing into the larger community is at least as important socially as it is
architecturally. Public-housing residents often report feeling isolated from the community.
n63 In addition to their physical and social separation from the outside world,
public-housing developments have been described as providing little internal interaction and
therefore little opportunity for the development of social capital.
n64 Consistent with these reports, the analogy of
"prison" is sometimes used to describe the experience of living in public
n65 The idea of being
"confined" as a
"prisoner" in public
housing is related to the concept of public
housing as housing of last resort. Public
housing originally did not exist to serve the poorest of the poor. Rather, only the
"worthy poor" were to be housed at public expense.
n66 Currently, however, residents of public
housing do not perceive that they have a choice about where, how, or with whom they
housing is therefore filled with tenants thrown together simply because they have no
alternative. Some tenants describe this aspect of public
housing's modern reputation as a source of unhappiness.
c. Neighborhood Resources
In addition to New Urbanist new architecture and physical reconnection with
the neighborhood, the HOPE VI redevelopment effort involves restoring community
resources such as banks and grocery stores to the neighborhood. Representatives
of both Centennial Place and Monterey Place have indicated that they consider a
national chain grocery store to be of central importance to any such effort.
n69 Grocery stores are a symbol that a
"real" community has been created.
n70 Both Atlanta and New Haven have found, however, that market forces alone often
are not sufficient to sustain these new commercial enterprises.
n71 Because of this reality, these efforts have
[*1093] met with difficulty and have often failed absent generous government subsidies.
d. Regional Focus
In addition to emphasizing the importance of neighborhoods and neighborhood
resources, both Promise Enforcement and New Urbanism encourage a focus on the
region, rather than solely on the neighborhood. Regionalism requires an
awareness that providing for the needs of low-income people is not simply a
n73 An example of regional awareness is Congress's suggestion that cities equalize
funding for public services such as education throughout the metro area, rather
than calculating funding based upon the local property tax base.
n74 Initiatives such as these call citizens to an
[*1094] awareness of their distant neighbors as well as those living within close
proximity. Understanding this larger social context is an important part of the
contextual thinking that Promise Enforcement requires.
3. Toward Greater Contextual Thinking
Hundertwasser's work suggests how contextual thinking could be taken further
than HOPE VI's New Urbanism. Hundertwasser-Haus exemplifies environmental and
historical contextualism, two concepts that have not been a significant part of
housing so far. Both provide opportunities for public
housing to blend better with and contribute as a valuable citizen to the larger
a. Environmental Context
As for environmental context, Hundertwasser described humans and nature as
n75 Hundertwasser asserted that the horizontal belongs to nature and the vertical
n76 He called this concept baumpflicht.
n77 In each of his developments, an area equal to the footprint of the building
was replanted to replace the trees and plants destroyed during construction.
n78 To accomplish this goal, Hundertwasser encouraged the planting of vegetation
on rooftops and kept all rooftops flat to provide a larger planting surface.
n79 In addition, Hundertwasser's buildings include several
"tree tenants," trees that grow out of building windows.
n80 Tree tenants pay
"rent" by cleansing the air and purifying the water.
n81 Rooftop planting and tree tenants look fanciful but serve some important
purposes, such as keeping dust under control, cleansing the air, filtering
noise, and filtering water.
n82 Environmental health was important to Hundertwasser, although he believed
visual pollution to be even more dangerous than
[*1095] environmental pollution because it destroys the soul and dignity of man.
n83 The rooftop gardens also provide an efficient outdoor space for tenants in the
middle of the city.
Man not only has an obligation to the environment, but also benefits from a
healthy environment. New Urbanism and Hundertwasser both have recognized that
isolation from the environment has become a pervasive problem. Both remedy this
in part by encouraging parks and windows, and both believe that all buildings
should be designed to place inhabitants near operable windows.
n85 This arrangement exposes tenants to light and air and also lowers utility
n86 Windows foster a relationship between the indoors and outdoors. Hundertwasser
calls windows the
"eyes of the building" and New Urbanists call them
"eyes on the street."
n87 Both would agree that many buildings isolate people from their environment.
n88 American public
housing might learn from Hundertwasser's example a greater awareness of the
environmental cost of construction, both to nature and to man.
b. Historical Context
In addition to environmental responsibility, contextual thought requires an
awareness of history.
n89 As modern and unusual as Hundertwasser-Haus appears, it honors Viennese
tradition with its
n90 Each window includes a keystone, typical of Viennese architecture, and a
portion of the original facade has been maintained to provide continuity and
n91 Because Hundertwasser believed it was important not to disregard the past, the
building also includes vestiges of the marks made by the homeless who occupied
it during construction.
n92 Likewise, he believed that rain marks, dirt, and rust that naturally
accumulate over time should be welcome additions to the facade of the building.
n93 Handprints made by the workers who constructed the building were allowed to
remain as well.
Like Hundertwasser, the Charter of the New Urbanism emphasizes man's historical
context and decries the erosion of society's built heritage.
n95 In contrast, HOPE VI has tended to destroy and to rebuild, rather than to
keep, buildings that may have some historic value, a practice that raises
issues of fiscal responsibility as well as historical context.
n96 American public
housing can perhaps learn from these examples to have a greater awareness of local
history and tradition. Making public
housing part of the community by including features of historical significance helps
to tie the development to the surrounding neighborhood and region and allows
housing to make an additional civic contribution through its historical appearance.
4. New Urbanism's Current Performance in Contextual Thinking
HOPE VI fails to bring public-housing residents into society because its policies are often imposed from the outside
rather than involving the residents in planning their community. The United
States Department of
Housing and Urban Development (HUD) has declared that public-housing residents are to be consulted in the HOPE VI development process, but has
emphasized that public-housing
[*1097] authority officials retain the final word on all aspects of the process.
n97 Some critics have described this approach as neocolonial.
Hundertwasser used a more balanced approach. As hard as he worked on
Hundertwasser-Haus, he did not purport to know what would work best for each
resident who would later occupy each unit.
n99 Instead, he gave the residents the authority to change their homes after they
n100 He included in each resident's lease a provision to which he referred as
n101 This provision allows tenants to reach out their windows, scrape off the
masonry as far as they can reach, and repaint or redesign as they please.
n102 He also encouraged children to draw on the walls to express themselves.
n103 To facilitate this process, the walls in public areas are covered with white
plaster to be renewed once a year to provide space for new art.
n104 Hundertwasser included these features as symbols of his goal that residents be
"more than the furniture, which is replaced with each lease."
5. Positive Recommendation
Along with following Hundertwasser's example, HUD may wish to employ some of
the ideals of Frederick Law Olmstead and the City
[*1098] Beautiful Movement from the beginning of the last century.
n106 The City Beautiful Movement used public buildings to take the lead in
incorporating the emerging best practices in architecture.
n107 Ultimately, all
housing should be built with an awareness of environmental, historical, and fiscal
concerns. Environmental and historic context are not as strong a part of
American architectural tradition as they are in other countries, and public
housing is a good place to introduce this concept. Requiring that public
housing make environmental and historic sense is one way to bring residents of public
housing back into society and to give public
housing an opportunity to make a substantive civic contribution.
C. From Income Mixing to Individuality
Like New Urbanist design, income mixing is central to the New Urbanist goal of
integrating public-housing residents into the larger community.
n108 The hope is that public-housing residents will network with market rate residents, generating positive social
norms and increased employment.
n109 Other purported goals of income mixing include reduced crime and better
schools for the low-income residents.
n110 Income mixing works together with new architecture in that market rate tenants
are unlikely to be attracted to traditional public
housing such as the former Techwood/Clark Howell and Elm Haven developments.
Hundertwasser valued income mixing as well; he correctly anticipated that
Hundertwasser-Haus would be attractive to both wealthy and low-income residents.
HUD now requires some level of income mixing as part of the Quality
Housing and Work Responsibility Act of 1998.
n112 The Act provides that, although at least 40% of new admissions into public
housing in each fiscal year must be families with incomes no higher than 30% of the
area median, these families cannot be concentrated in certain projects or
n113 In addition, each public-housing authority must include in its annual plan a deconcentration policy aimed at
bringing higher-income tenants into lower-income projects and vice versa.
n114 Although families may be offered incentives for participating in a
mixed-income program, they may not be penalized for declining to participate.
2. Logistics of Income Mixing
HOPE VI projects include varying degrees of income mixing. Atlanta's consists
of 40% market rate units, 40% public-housing units, and 20% tax credit units, while New Haven's units are divided 10%, 68%,
and 22%, respectively.
n116 Achieving success with income mixing is an attainable goal, given the
attractive units, desirable locations, and competitive rent that HOPE VI
mixed-income developments offer to market rate tenants.
n117 Income mixing may, in some situations, promote ethnic diversity as well as
socioeconomic diversity: the residents of Centennial Place, as of February
2000, represented seventy prior zip codes and were 51% African American, 29%
[*1100] Caucasian, 12% Asian, and 8% Latino.
n118 Achieving the larger societal goals expected of income mixing, however, has
n119 Unfortunately, experience has shown little networking between public-housing and market rate tenants, a low level of neighboring among all residents,
regardless of socioeconomic status, and a low level of interest in the
developments on the part of market rate tenants.
[*1101] addition, HOPE VI developments currently house relatively few children, who
are the main target of the hoped-for positive influence of market rate tenants.
3. Toward Greater Valuing of Individuality
Hundertwasser's work demonstrates in an architectural fashion the artist's
emphasis on valuing all people as individuals. He believed individuality to be
critical to health, happiness, and even survival.
n122 In furtherance of his goal of individuality, Hundertwasser provided residents
with the opportunity to participate in the design of their own living space.
The multicolored facade of the building, like the
"window rights" described above, serves as a graphic statement of individuality.
n123 Each color denotes an apartment belonging to an individual or family.
n124 Hundertwasser described this kind of individuation as being important because
it not only allows each individual to recognize his or her dwelling from the
street, but also demonstrates to the outside world that the building is full of
people, not just windows and walls.
n125 Along the same lines, the apartments come in a multitude of shapes and floor
plans: some are on a single level, some on two, some have access to the rooftop
garden by private staircase, some have private balconies, and so forth.
n126 In addition, eight different kinds of windows are irregularly placed on the
n127 The interiors include an array of different tiles in the bathrooms, several of
which are hammer-shattered and reglazed for dramatic effect.
[*1102] These concepts seem fanciful but are quite functional. When the facade to one
unit in Hundertwasser-Haus becomes weathered or damaged, it is not necessary to
repaint the entire building. Breaking a single tile in one bathroom does not
ruin the look of the room. Even the irregular placement of the windows and the
variations in unit height have practical purposes: units near the ground need
higher ceilings and larger windows to admit the same amount of light that
higher-floor units receive naturally.
n129 Hundertwasser's design ideas came from an understanding of the residents who
would occupy the buildings as humans and as individuals.
housing may learn from Hundertwasser's model to understand and value people as
individuals rather than as representatives of groups with labels like
"tax credit," or
"low income." The statements of the Honorable Richard Sheppard Arnold of the United States
Court of Appeals for the Eighth Circuit at the American Law Institute's annual
meeting in May 2001 reinforced the need for this change.
n130 Judge Arnold called to the attention of the assembled guests the fact that
many members of society do not think of the people they encounter each day as
n131 Instead, a temptation may exist to equate others with machinery performing a
function, equating the bank teller with an automatic teller machine, the gas
station employee with a gas pump, and so forth.
n132 This concept is even more demeaning when applied to residents of public
housing, as society has ascribed to those individuals no function at all.
4. Income Mixing's Current Performance in Valuing Individuality
HOPE VI fails to improve the life prospects of public-housing residents through income mixing when reformers neglect those displaced and
left behind by development. Income mixing, lower density, and the elimination
of the longstanding one-for-one replacement requirement
n134 have resulted in the net loss of thousands of public-housing units across the country.
n135 HUD does not require that the original tenants be given a right to return.
n136 For these reasons, it seems impossible to consider whether a public-housing redevelopment project has been successful without also considering what
happened to the low-income individuals who were relocated permanently.
Loss of community and of
"hard units" for low-income residents is an inevitable cost of HOPE VI redevelopment.
n137 These losses are
[*1104] particularly acute because public
housing is not, and has never been, a right for United States citizens.
n138 Relocation and displacement have been historic problems in public
housing in both Atlanta and New Haven.
n139 In both cities, relocation has placed a disproportionate burden on the
African-American community because the new developments, both in the 1930s
n140 and the 1990s,
n141 displaced members
[*1105] of the original African-American community in an effort to bring in Caucasian
Although some public-housing residents displaced by redevelopment move into replacement
housing, are successful in procuring private
housing through certificates or vouchers, or move in with family members;
n142 others move to other ghettos, become homeless,
n143 or simply disappear.
n144 Federal law provides some guidance on relocation, through the Quality
Housing and Work Responsibility Act of 1998.
n145 The Act requires every public-housing authority to certify that residents will be given at least ninety days notice
of displacement, except when they are being relocated due to an imminent threat
to health or safety.
n146 The Act also requires that residents be given information regarding
housing and relocation assistance to be provided.
n147 HUD has indicated that relocation should cost no more than $ 3000 per family.
n148 Because the
[*1106] one-for-one replacement requirement has been abolished, federal law now
housing to take the form of other project-based or tenant-based assistance, such as
Section 8 vouchers and certificates, in addition to
"hard" public-housing units.
In addition to the notice requirements described above, HUD requires
authorities participating in HOPE VI to develop relocation plans, and both
Atlanta and New Haven have done so.
n150 Such plans
[*1107] may include, as Atlanta's does, off-site, mixed-income
housing at attractive new developments.
n151 Such options, however, are not available to all displaced families.
n152 Rather, residents often are required to remain on-site until demolition to
receive relocation aid.
n153 Some residents of Techwood/Clark Howell have alleged that they were forced out
early through increased spot inspections (and resultant evictions), decreased
police protection, and other tactics, so the public-housing authority would not have to provide them with relocation aid.
n154 There is some evidence that this process removed all but the most functional
residents from the development.
n155 One of the engines
[*1108] behind this trend is federal law, which provides one of the major requirements
that has resulted in many former public-housing tenants being unable to qualify for residency in the new HOPE VI developments.
n156 The Quality
Housing and Work Responsibility Act of 1998 requires, subject to certain exceptions,
that adult public-housing residents either contribute eight hours each month to community service or
participate for eight hours each month in an economic self-sufficiency program.
Other criticism of the Atlanta redevelopment focuses on an alleged failure to
follow-up with original residents of the demolished development who might have
wished to return once the HOPE VI redevelopment effort was complete.
n158 Because of this loss of communication with relocated former residents, such
residents often miss out on the opportunities for life enrichment that would
have been available to them through HOPE VI.
n159 Along the same lines, even those who are relocated successfully may be faced
with termination of needed supportive services because the process of providing
such services to residents who are living outside traditional public
housing has never been streamlined.
n160 This loss is particularly damaging
[*1109] because supportive services have a demonstrated record of improving the life
outcomes of low-income people.
Even some former public-housing residents who received relocation counseling have faced difficulty in securing
n162 Because of these problems and the fact that only a small percentage of a
public-housing project's residents return once the redevelopment has been completed, many
HOPE VI projects face significant resident resistance.
n163 Reasons for resident resistance include fears of having their communities
n164 Some of this opposition stems from
[*1110] resident belief that
housing authorities are trying to claim valuable property for
b. Alienation in the New Development
In addition to the relocation and displacement problems it creates, income
mixing is inconsistent with Promise Enforcement's requirement of valuing
individuality when low-income residents are made to feel unwelcome in the new
development. To make a development attractive to market rate tenants, some
complexes cater to those tenants and marginalize low-income residents.
n166 One cost of this
[*1111] strategy is that the Atlanta complex has had difficulty in attracting former
public-housing tenants even when market rate tenants are plentiful.
Another source of alienation stems from tenant self-selection.
n168 Low-income residents who are fearful that they will not be allowed to remain
housing, due to fears that they will not be able to control their children and live up
to their lease covenants, may opt out of opportunities to relocate through
Section 8 and other mobility programs.
n169 Self-doubt on the part of the less-functional
[*1112] residents in public
housing may be coupled with doubts that HOPE VI redevelopment will, in fact, achieve
the promised results.
n170 Thus, the most functional families in public
housing may take Section 8 certificates and leave, often years before redevelopment is
n171 Only the weakest families would remain.
n172 Thus, the new development would be left with a self-identified, extremely
troubled residual population to which it must now attract market rate tenants.
Relocated former public-housing tenants face other costs in addition to the loss of hard units and the human
cost of homelessness or living in a more blighted community than they left
behind. One such cost is loss of community. HOPE VI planners must not assume
that it will be easy for residents to leave the old complex, even for a safer
and more attractive development. Public-housing residents may be attached to their current
housing, however unattractive, unsafe, and stigmatized that
housing may be.
Another area of concern is political dilution. Dispersion of public-housing residents can result in the dilution of a traditional voting bloc and a loss
of group power.
n175 Fears of political dilution are
[*1113] justified if bearers of Section 8 vouchers will be able to relocate wherever
they choose. As a practical matter, however, this point is highly debatable.
n176 If relocated residents generally move to other locations within the inner city
rather than to the suburbs, it seems less than obvious that HOPE VI public-housing reform actually will result in diluted bloc voting.
5. Positive Recommendation
Public-housing reform must include a greater role for its residents. It must be a process in
which those who are most affected have an opportunity to participate, not
simply a process that is
"done to" them. Calling upon the natural leadership in public
housing and providing a clear and real role for tenant organizations in the planning
and redevelopment of their communities may be a good place to begin. Allowing
tenants to participate in the architectural design of the new community would
be an appropriate step in this direction.
n177 and Coleman Coker, both affiliated with the Auburn University School of
Architecture, have done just this, demonstrating an additional way in which
housing can advance the interests of individuality.
n178 The firm of Mockbee Coker has constructed modest, economical, and sturdy
custom-built houses for families living below the poverty level in rural
Alabama and Mississippi.
n179 The homes, which were constructed following extensive interaction between the
architects and the families to occupy the homes, challenge traditional notions
housing and the role of the architect in influencing what such
n180 The activist architects participating in the Mockbee Coker project understand,
like Hundertwasser, the residents of the homes they design as individuals with
their own needs and goals. In addition, like Hundertwasser, these architects
employ modest materials to create extraordinary results.
D. From Lease Enforcement and Community and Supportive Services to
Lease enforcement and community and supportive services are the most
important, and most undervalued, component of HOPE VI redevelopment efforts.
Lease enforcement is the bilateral enforcement of responsibilities between
landlord and tenant concerning maintenance, crime prevention, and community
n181 Supportive services are those means by which society assists public-housing residents in acquiring needed skills, and community service provides a means
for public-housing residents to contribute to the community through volunteer work.
Effective public-housing reform requires an environment in which promises are kept by both the
residents and the complex's management. In what had become the traditional
late-twentieth-century model of public
housing, housing authorities did not maintain the developments but, in turn, would not evict
tenants for failing to pay rent.
n183 Thus, the expectation became that neither party to a public-housing lease would abide by the parties' contract.
2. Logistics of Lease Enforcement and Community and Supportive Services
a. Lease Enforcement
Promise Enforcement requires a bilateral commitment in which managers, as well
as tenants, participate in maintaining a liveable
"broken windows" theory of criminal law posits that would-be lawbreakers use visual cues to
form an impression of how much menace an area contains.
n185 Broken windows, vandalism, trash on the street, and graffiti are all signs of
n186 Taking care of this
"low-level disorder" is important because people model their behavior and their expectations of
both one another and the landlord on these visual cues.
n187 Techwood/Clark Howell and Elm Haven both had serious maintenance issues, and
this affected both resident behavior and lease enforcement.
If maintenance, as that term generally is used, refers to obligations on the
part of the landlord, then lease enforcement refers to the tenants' obligation
to pay rent and to abide by other lease
[*1116] covenants, typically including minimal housekeeping requirements and automatic
evictions for criminal activity.
n189 A combination of strong lease enforcement and federal law creates an incentive
for HOPE VI tenants to monitor and control activities by family members or
others living with them, of which they may not otherwise have been aware. Under
"One Strike and You're Out" policy established by federal law,
housing residents [are] responsible for the alleged criminal and drug activity of
their relatives and guests, even off the premises."
n190 As further discussed below, a major risk associated with lease enforcement is
that it may deteriorate into harassment.
[*1117] Nevertheless, lease enforcement has been an important element in many HOPE VI
In addition to lease enforcement, some HOPE VI developments require that
tenants either be employed or participate in job training to qualify for
n193 These rules have taken on additional significance in light of recent
federal-welfare reform and have been
[*1118] praised by some as creating positive and appropriate incentives for tenants to
n194 Others, however, believe that the requirement will discriminate against those
who are most in need of public
b. Supportive Services
Supportive services are part of the
housing now makes to its residents who have, over the last half-century, become
increasingly dysfunctional and dependent.
n196 Given this situation, it has become necessary for public
housing to offer these additional services to function as the
"way station for those temporarily down on their luck," that public
housing was designed to be when it originated in the Depression era.
n197 HUD's commitment to supportive services is somewhat ambiguous. The HOPE VI
grant-application process required officials of public-housing authorities to survey residents, determine what supportive
[*1119] services were needed, and provide those services.
n198 Ultimately, however, HUD does not require that any portion of the HOPE VI
grant be spent on supportive services.
n199 The attention public-housing authorities pay to supportive services, therefore, has depended more on local
culture than on federal guidance. New Haven has a much stronger tradition of
providing supportive services in public
housing than Atlanta does.
Housing authorities stressing supportive services may look to other local institutions
for support. New Haven's
housing authority has been looking for a lead agency for senior services and for
mental-health services, the first two prongs of the Authority's social-services
n201 Neighborhood schools are of particular importance in such
[*1120] plans, and new or renovated elementary schools are central to both the Atlanta
and New Haven redevelopment projects.
n202 Because the schools serve a wider population than just the HOPE VI
development, the neighborhood schools provide an additional opportunity for
diversification. Again, however, reality has not necessarily lived up to city
[*1121] The wealth of supportive services currently funded by HUD includes the
Resident Opportunities and Self-Sufficiency Program, Family Investment Centers,
Family Self-Sufficiency, the Jobs Plus Demonstration Program, Moving to
Opportunity, Neighborhood Networks, Section 3, Step-Up, the Youth
Apprenticeship Program, Youthbuild (also a community service program), and Drug
n204 These programs provide services including education, computer-skills training,
job training and placement, mental-health and substance-abuse assistance, child
housing counseling, and case management.
n205 HUD has employed an assessment framework to evaluate various components of
these supportive-services programs. Predictably, studies tend to show that
intensive programs narrowly tailored to assist participants in developing
skills that will be marketable in a given geographic area have measurable
success in improving residents' life outcomes.
Education and employment, and those supportive services that make each
possible, are of particular importance in the post-Aid to Families with
Dependent Children era, in which that program has been replaced with Temporary
Assistance to Needy Families, a program providing much shorter-term monetary
n207 In addition, the new environment has made the Earned Income Tax Credit
[*1122] Through HUD, the United States has invested in an impressive array of
supportive services. The extent of HUD's commitment to this component of public-housing reform, however, remains difficult to assess. HUD requires that at least 80%
of HOPE VI grant funds be spent on physical improvements rather than on other
budget items such as supportive services.
n209 In addition, HUD has eliminated the former requirement that public-housing authorities provide matching funds for 15% of any federal money spent on
supportive services, although a recent independent audit has recommended the
reinstitution of this requirement.
n210 The matching program required only a very small
[*1123] financial commitment on the part of local
n211 In addition, HUD apparently currently does not require that HOPE VI
redevelopment efforts include supportive services at all.
n212 Some public-housing authorities, taking their cue from HUD, have given only secondary priority to
n213 Some have not planned to continue the services after HUD terminates HOPE VI
n214 The fact that public
housing now provides a home to so many individuals who might otherwise be housed in
sheltered care, not only presents some particularly challenging social-services
questions, but also reinforces the importance of providing such services in the
c. Community Service
If supportive services are the means by which society helps residents of
housing to achieve financial independence, community service provides the residents
with an opportunity to participate in various volunteer efforts to help others.
HUD requires each public-housing authority to submit a community service plan along with its application for
HOPE VI funding.
n216 HUD's rationale for the community service component of HOPE VI rests upon its
desire to cultivate a sense of ownership in low-income residents.
n217 This bilateral commitment is consistent with the goals of Promise Enforcement.
3. Toward More Comprehensive Responsibility
Hundertwasser's work demonstrates additional kinds of responsibility that have
not traditionally been emphasized in United States public-housing policy. The first is fiscal responsibility. HOPE VI redevelopment efforts have
been extremely expensive, and most of the expense has resulted from
construction of new buildings.
n218 The cost of the buildings in New Haven greatly exceeds the prices paid for
housing in the area.
n219 Therefore, large sums are expended even
[*1125] though the public-housing authorities never expect to recoup their investment. Because HOPE VI does not
make fiscal sense, it is justified by noneconomic factors.
n220 Such rationalization is unnecessary - it is possible to house the poor in a
way that is financially sound, as well as socially responsible.
Bertha Gilkey's experience as tenant leader of Cochran Gardens suggests that
expensive New Urbanist new buildings are not critical to public-housing reform. Cochran Gardens has never been the recipient of federal HOPE VI
funding, although the management has been able to secure certain, limited
capital improvements that were necessary.
n221 Through a regime of strong lease enforcement and a battery of community and
support services, however, Bertha Gilkey's Cochran Gardens has undergone a
n222 Her model includes many of the elements I discuss in this section: diligent
maintenance by both management and the tenants (who are, in this case, one and
the same because the development is tenant-managed), liberal use of evictions
to enforce lease obligations, and extensive social services.
Lease enforcement and supportive services are more effective and less expensive
than new architecture and income mixing.
n224 Alone, however, they cannot save public
n225 Exploring the extent to which a combination of lease enforcement and
supportive services can improve the lives of public-housing tenants is nevertheless particularly important because sufficient funds are
not available for a HOPE VI overhaul of every distressed public-housing development in the United States.
housing can be more fiscally responsible if public-housing leaders ensure that resources are allocated where they can be most effective.
Fiscal responsibility involves allocating resources efficiently and determining
whether new architecture is, in fact, both necessary and cost-effective.
n227 This is not an easy question. Even Cochran
[*1127] Gardens is not an unmitigated success. Indeed, assessing Gilkey's model
requires consideration of what
"success" means. Even though Cochran Gardens is now safe and well-kept, it remains
isolated and its residents remain largely poor and unemployed.
Hundertwasser's work suggests additional means by which public
housing can demonstrate fiscal responsibility. Hundertwasser called himself an
"architecture doctor" and believed that what he called
"sick" buildings, including the infamous public-housing towers, could be
"cured" through selective, localized redesign.
n229 He advocated the rehabilitation and reuse of existing buildings, rather than
wholesale demolition and rebuilding.
n230 The materials he used in his rehabilitation efforts were cost-efficient.
n231 Most simply involved employing traditional building materials like concrete,
brick, and tile in new ways.
n232 New Urbanist ideals are consistent with Hundertwasser's precept that good
architecture does not require the use of expensive materials.
[*1128] In addition, Hundertwasser-Haus was thoughtfully constructed. The concrete
that formed the brightly colored facade was not painted but, rather, included a
dye so that the color would remain as the building weathered.
n234 Even the building's extravagant-appearing gold onion domes are simply gilded
aluminum over a wooden frame.
n235 Both domes together contain less gold than a single coin.
n236 Hundertwasser believed that sterile buildings are ultimately more expensive
than his fanciful ones because they fail the residents for whom they are
constructed and, therefore, are ultimately demolished.
n237 American public
housing could learn from Hundertwasser's example to make changes in buildings at
strategic points, rather than demolishing them.
The second kind of responsibility Hundertwasser's work illustrates is
responsibility to the community. One example of this concept is man's
responsibility to the laborers who build his home. As a symbol of such a
commitment, Hundertwasser's buildings are constructed with undulating walls.
n239 These walls are structurally
[*1129] sound and are easier to construct than normal walls. All that is required is
that the worker spread an uneven layer of mortar on the first level of bricks.
n240 As he builds neatly up from that first layer, a wavy wall is produced.
n241 The undulating walls were important to Hundertwasser as a symbol. He wanted
the workers on Hundertwasser-Haus to work as craftsmen and not as machines, and
he therefore encouraged their creativity.
n242 He spoke of workers who were forced to build in a traditional, mechanical
fashion as being subject to the tyranny of the straight line.
n243 The laborers who constructed the house also created a number of spontaneous
mosaics throughout the building.
n244 The craftsmen evidentially enjoyed working on the building and took pride in
what they had produced.
housing can learn from Hundertwasser's example by considering the ways in which public
housing might be a better citizen. Examples might include ensuring that reasonable
wages are paid to all workers on the development.
n246 In addition, HUD is already helping to assist public
housing in becoming a better citizen by providing an outlet through which public-housing residents can engage in community service.
4. Lease Enforcement's Performance in Comprehensive Responsibility
Like New Urbanist new architecture, lease enforcement is inconsistent with
Promise Enforcement when it is imposed from the outside and does not allow
residents to create the rules that govern their community. Likewise, police
protection can deteriorate into intimidation and harassment when residents are
subject to laws that they had no part in creating.
[*1130] There is an extremely fine line between lease enforcement and intrusion into
residents' culture and personal preferences.
n249 As discussed more fully below, cultural costs can be tempered significantly by
including tenants in the formulation of the rules by which they will be
expected to abide. Indeed, Promise Enforcement requires this sort of
Two ways in which alienation may be kept to a minimum are by demonstrating that
promises will be enforced bilaterally and by allowing tenants to participate in
the process of determining the rules by which they will be required to live.
n250 Beacon Corcoran Jennison intends to demonstrate the bilateral nature of the
parties' commitments by honoring its promise to provide tenants with an
attractive, safe community, while requiring that residents do the same.
n251 In addition
[*1131] to including residents initially in formulating the rules to govern the new
development, active tenant organizations provide a mechanism for ongoing
resident involvement in neighborhood matters.
n252 New Haven has a much stronger tradition of effective, involved tenant
organizations than Atlanta does.
There are tremendous consequences in failing to secure resident support for the
n253 For the new development to function successfully, residents must be citizens,
not denizens. Residents must be included in decision-making processes, and they
[*1132] need to be expected to act as stewards. Talk of making people feel ownership
is meaningless here; this cannot work unless they are owners, through
citizenship as defined by Rousseau.
An additional source of alienation is that public-housing residents of color may complain they are either ignored or harassed by police.
n255 This phenomenon is another sign that residents have become marginalized and
are treated as denizens rather than citizens.
[*1133] issue of police protection versus police intimidation is of particular
importance for the new developments in Atlanta and New Haven, because crime was
a serious problem for both Techwood/Clark Howell and Elm Haven.
n257 These problems may have been exacerbated by the low level of police
surveillance of the communities.
n258 The HOPE VI communities include much stronger police presence, and crime rates
have dropped significantly since the Techwood/Clark Howell redevelopment
project was completed.
5. Positive Recommendation
HUD must optimize its allocation of resources to ensure that funds are being
used to obtain maximum results. At the same time, HUD should take steps to
ensure that public
housing is a good citizen.
n260 To be part of a community, public
housing must be fiscally responsible and provide a real role for its tenant-citizens.
Having already stated my positive recommendations, I would like to emphasize
why these reforms are needed. I believe the fact that each of the following
remains problematic demonstrates that HOPE VI has not satisfied Promise
Enforcement: Public-housing reform has not progressed from new architecture to contextual thinking, from
income mixing to valuing individuality, or from lease enforcement and
supportive services to comprehensive responsibility. HUD cannot solve each of
these problems alone, but I have indicated below those areas in which I believe
housing reform can effectuate a strong start. To do this, I will return to the
discussion at the beginning of this Article, in which I discussed the
Rousseauean genesis of contextual thinking, valuing individuality, and
comprehensive responsibility, and will now argue that the social contract
either has never been in existence or has now been breached.
A. Contextual Thinking
Contextual thinking relates to the threshold condition for a social contract
to be in place. Before a people can agree to submit to a government, they must
agree to be a people in the first place; thus, an earlier agreement is required.
n261 I do not believe it is clear that we Americans consider ourselves to be a
single people, or that we are even in agreement that being a single people is a
positive good. One sign that society does not consider the poor to be part of
itself is market rate tenants' resentment when low-income residents, armed with
government subsidies, are able to live in better
housing than moderate-income market rate tenants are able to afford for themselves.
[*1135] Sometimes, I wonder whether Rousseau was not correct in saying that his theory
works best in smaller test groups. Perhaps America is just too big to be
unified. Until that question is resolved and public-housing residents become part of who we are, whoever we are, other questions remain.
housing a right? How nice should public
[*1136] be? Should public-housing residents get dishwashers and swimming pools?
n263 Obviously, HUD alone cannot bridge this divide.
B. Valuing Individuality
This concept relates to the status of the social contract if, in fact, such a
contract is in existence in this country. If we do have a social contract, are
residents of public
housing within it? I believe it remains in doubt whether the interests of low-income
people are represented in policymaking. If, in fact, they are not, then this
condition makes the sting of relocation, loss of community, and dilution of
political power particularly acute. If public-housing residents were included in society, it would be easier for them to accept the
reduction in public-housing units by operation of what Rousseau called the general will because, by
definition, the general will would be something of which they were a part.
Public-housing residents who lost their
housing through HOPE VI redevelopment, therefore, would thus know that their interests
generally were represented through the decision-making process, even if they
were displeased with the conclusion reached on any single occasion.
Unfortunately, the United States has never functioned this way. Rather, public
housing has always been outside the social contract. HUD cannot fix this problem
alone, but providing a substantive role for tenant leaders in public
housing is a logical place to begin this process.
C. Comprehensive Responsibility
If public-housing residents have ceded all of their natural rights to the sovereign, as the
social contract requires, are they receiving more rights in return than they
surrendered? It is not clear that the residents of public
housing are receiving the resources they need to participate in society, or that there
is both an expectation and an opportunity for them to do so. Instead, perhaps
society has given up on public-housing residents and placed them in holding areas simply to live and die outside of
society. New Urbanist thought reflects this struggle:
housing was born during the Great Depression, ... . poverty was understood to be
shameful; no family was expected to live in public
housing longer than they had to. Once incomes rose, tenants were expected - or even
required - to move out. Public
[*1137] intended to be clean and decent; it wasn't intended to be a permanent home.
Little details, like using curtains instead of closet doors, and numbers
instead of names for buildings, reinforced that impression ... .
Instead of designing a group of buildings to be temporary way-stations on a
family's climb out of poverty, today, a whole mixed-income neighborhood is
designed so that people can live there permanently if they so choose.
The question of whether the move this quotation represents is an appropriate
one or, rather, demonstrates an abandonment of larger efforts at self-reliance
and mobility, is not an easy one to answer. HUD can, however, do much to assure
housing is comprehensively responsible by ensuring that resources are allocated where
they can be most effective.
New Urbanist design, income mixing, and lease enforcement and community and
supportive services are steps toward contextual thinking, valuing individuals,
and comprehensive responsibility, the three elements of Promise Enforcement,
respectively. This Article has attempted to show how much further society must
go to bring the residents of public
housing within the social contract, and to suggest how we might get there.
Hundertwasser-Haus Vienna, Austria
[SEE ILLUSTRATION IN ORIGINAL]
[*1139] Hundertwasser-Haus Vienna, Austria
[SEE ILLUSTRATION IN ORIGINAL]
n1. Martin Espada, City of Coughing and Dead Radiators, in City of Coughing and
Dead Radiators 39 (1993). Martin Espada is a former legal-services attorney.
n2. See infra note 46 and accompanying text.
n3. See generally Department of Veterans Affairs and
Housing and Urban Development, and Independent Agencies Appropriations Act of 1993,
Pub. L. No. 102-389, 106 Stat. 1571 (1992) (establishing the HOPE VI program).
HOPE is an acronym for Homeownership and Opportunity for People Everywhere. 1
Abt Assoc., Inc., An Historical and Baseline Assessment of HOPE VI, at 1-1
(1996), available at http://www.huduser.org/publications/pdf/hopevi<uscore>vol1.pdf (last visited May 6, 2002). See generally Nat'l Comm'n on Severely
Distressed Pub. Hous., The Final Report of the National Commission on Severely
Housing (1992). This report to Congress and the Department of
Housing and Urban Development (HUD) inspired the HOPE VI program.
HUD requires that at least 80% of program funds be spent for physical
redevelopment. See U.S. Dep't of Hous.
& Urban Dev., HOPE VI Budget Guidance 2 (2000) [hereinafter HOPE VI]. New
architecture and income mixing go hand-in-hand, as it is difficult to imagine
that market rate tenants would be attracted to public
housing of traditional design. Community and supportive services can, but need not, be
funded with up to 20% of program funds. Id. Within the category I have called
"New Architecture," I have included not only the New Urbanist buildings and the amenities of the
development itself, but also additional neighborhood improvements including,
but not limited to, schools, police stations, and local shopping venues. Income
mixing describes the manner and extent of the development's attempts to attract
tenants other than the very poor. I have included in this category both market
rate and tax credit tenants. The third category, lease enforcement and
community and supportive services, includes employment or public-service
requirements, maintenance of the premises, and social services.
housing authorities have received about $ 2 billion worth of HOPE VI grants since its
inception in 1992. The U.S. Department of
Housing and Urban Development receives about 200 applications a year, but awards only
25." Dan Thanh Dang, Project's Residents Reject HOPE, Baltimore Sun, July 29, 1998,
at B1. To be eligible for HOPE VI assistance, the public-housing authority must be on HUD's troubled list or located in one of the forty most
populous cities in the United States. Abt Assoc., Inc., supra, at 1-9 to 1-10.
n4. See infra notes 135, 137-139, 218 and accompanying text.
n5. But see infra notes 119-120 and accompanying text.
n6. See infra note 228 and accompanying text.
n7. See generally Jean-Jacques Rousseau, The Social Contract (Maurice Cronston
trans., 1968) (1762). Rousseau's conception of the social contract more closely
approximates the American model than does Thomas Hobbes's theory. Hobbes, in
Leviathan, asserted that people, in return for long-term security, give up
their natural rights and, to some extent, their right to self-determination.
Thomas Hobbes, Leviathan ch. XVIII, at 122 (Richard Tuck ed., rev. student ed.
1996) (1651). When this process is complete, a social contract is formed but,
unlike Locke and Rousseau's models, the sovereign remains outside the contract
and thus definitionally cannot be unjust. See id. ch. XVIII, at 122-24. Because
of this feature, one scholar has declared that Hobbes's theory is not
"an authentic social contract theory at all," but leads, rather,
"to a master/slave concept of political rule." Murray Forsyth, Hobbes's Contractarianism: A Comparative Analysis, in The
Social Contract from Hobbes to Rawls 35, 36 (David Boucher
& Paul Kelly eds., 1994). Following Forsyth's analysis, Hobbes's view of
government is incompatible with the American model that, through a system of
checks and balances, not only requires that the sovereign function within the
bounds of the law, but also attempts to restrain the sovereign from
overreaching and abuse. See generally 1 Lawrence H. Tribe, American
Constitutional Law 122-23 (3d ed. 2000) (discussing the American legal system
of checks and balances). Tribe states that the impeachment-and-removal process
"perhaps the ultimate manifestation of the Constitution's reliance on an
inter-branch checking mechanism to preserve constitutional boundaries and to
limit abuses of power." Id. at 152.
Locke, in his Second Treatise of Government, declared that, although popular
consent both creates and sustains the government, authority becomes vested in
the sovereign, rather than remaining, as Rousseau asserted, in the governed.
Compare John Locke, The Second Treatise of Civil Government 95-99, 134, at
49-50, 67-68 (J.W. Gough ed., 3d ed. 1976) (1690), with Rousseau, supra, at 30,
63. Although Locke's model is largely consistent with the American system of
representative democracy (indeed, perhaps more so than Rousseau's theory), this
Article employs the Rousseauean model because its
"general will" feature provides the best vehicle for illuminating the failures of current
American public-housing policy. See generally Forsyth, supra, at 40 (describing how Rousseau and Locke
diverge on this point).
For a comparison of the English and American views of constitutionalism and
contractarianism, see Peter Lanston Fitzgerald, An English Bill of Rights? Some
Observa-tions from Her Majesty's Former Colonies in America,
70 Geo. L.J. 1229, 1288 (1982). Professor Fitzgerald describes the former as involving
"an omnipotent sovereign Parliament, espoused by Blackstone and Hobbes,"
id. at 1288 (citing 1 William Blackstone, Commentaries 48), and the latter as involving a
government in which
"the ultimate sovereignty of the people was ... exercised ... continually,
through popularly elected representatives." Id. The American view is thus more consistent with the Rousseauean and Lockean
formulations of the social contract than with those of Blackstone and Hobbes.
Providing an alternative conception of the role of the poor in American
society, Michael Walzer's discussion of communal provision in his book Spheres
of Justice suggests that he does not necessarily consider the poor to be within
the social contract. Michael Walzer, Spheres of Justice: A Defense of Pluralism
and Equality 77 (1983) ("Indeed, it can be one of the purposes of communal provision to stigmatize the
poor and teach them their proper place - in, but not wholly of, the community.").
n8. Friedensreich Hundertwasser was born Friedrich Stowasser in Vienna in 1928.
Harry Rand, Hundertwasser 198 (1993). In 1943, sixty-nine of his Jewish
relatives on his mother's side were deported from Austria and killed in Nazi
concentration camps. Id. In 1948, he spent three months at the Viennese Academy
of Fine Arts. Id. His later career as an artist, however, was otherwise
self-made. Id. at 11, 13. Although his work is not widely known in the United
States, he has been compared to fellow Austrian Gustav Klimt and Spaniard
Antoni Gaudi, both of whom died around the time that Hundertwasser was born.
Warren Cohen, He Was No Straight Arrow, U.S. News
& World Rep., Mar. 6, 2000, at 14; Rich Rubin, Joyful Colors in Vienna: A
Kaleidoscopic Look at the Creations of a Visionary in Urban Design, Chi.
Sun-Times, Nov. 21, 1999, at TR1. After about thirty-five years as a painter,
Hundertwasser made his first foray into designing public buildings. Rand,
supra, at 198-99. His first project became known as Hundertwasser-Haus and
opened in Vienna in 1986. Id. Hundertwasser died fourteen years later in 2000.
Cohen, supra, at 14.
Hundertwasser-Haus is brightly colored and is constructed, for the most part,
of ordinary materials such as brick, concrete, and tile. Kristina Hametner
& Wilhelm Melzer, Hundertwasser-Haus 27-29 (1988); Friedensreich Hundertwasser,
For a More Human Architecture in Harmony with Nature: Hundertwasser
Architecture 268 (Angelika Taschen ed., Philip Mattson trans., 1997). The
building contains apartments of various sizes, shapes, and colors; some are one
story and some two. See Hametner
& Melzer, supra, at 50. The building is environmentally responsible and, despite
its unusual appearance, contains elements that honor traditional Viennese
architecture. Id. at 47. Hundertwasser-Haus is public
housing, and it has inspired both scorn and acclaim. Id. at 73-76.
n9. Some scholars have argued for the abandonment of the public-housing program in favor of vouchers or a Gautreaux-based relocation effort. See,
e.g., John C. Weicher, Privatizing Subsidized
Housing 43 (1997) ("The voucher and certificate programs work better and are less expensive than
housing and other forms of project-based assistance."); Owen Fiss, What Should Be Done for Those Who Have Been Left Behind?, Boston
Rev., Summer 2000, at 4, 8 (arguing that a Gautreaux-like relocation program is
necessary because it is not possible to clean up the ghetto); Alexander
Polikoff, Beyond Ghetto Gilding, Boston Rev., Summer 2000, at 17, 18 (echoing
Professor Fiss's concerns regarding
"ending the near-caste structure of American society" by dismantling the ghettoes); Florence Wagman Roisman, Intentional Racial
Discrimination and Segregation by the Federal Government as a Principal Cause
of Concentrated Poverty: A Response to Schill and Wachter,
143 U. Pa. L. Rev. 1351, 1377 (1995) (arguing that
"mobility programs should be not only replicated but improved" by ensuring that participants receive needed supportive services).
Gautreaux-based relocation efforts refer to programs designed to alleviate
racial segregation in metropolitan areas through public
Hills v. Gautreaux, 425 U.S. 284, 297-300 (1976), the United States Supreme Court held that metropolitanwide relief against HUD
was an appropriate remedy for past discrimination. As William Wilen and Wendy
Following the Supreme Court's decision, HUD and the Gautreaux plaintiffs
entered into a consent decree under which, among other requirements, HUD was to
create and fund a demonstration program using Section 8 rental subsidies to
help Gautreaux families move to low-poverty neighborhoods throughout the
[Chicago] metropolitan area. Under the Gautreaux Assisted-Housing Program, as it came to be known, approximately 7,100 families moved with
generally positive results, to low-poverty areas in the city and suburbs. In
1997 the court dismissed HUD from the case after finding that the department
had satisfied its obligations under Gautreaux.
William P. Wilen
& Wendy L. Stasell, Gautreaux and Chicago's Public
Housing Crisis: The Conflict Between Achieving Integration and Providing Decent
Housing for Very Low-Income African Americans,
34 Clearinghouse Rev. 117, 125 (2000) (footnotes omitted).
Others either argue that the hard units represented by public
housing are an important national resource that must be maintained or oppose the
dilution and dislocation of communities that such large-scale relocation
efforts require. See, e.g., John O. Calmore, Spatial Equality and the Kerner
Commission Report: A Back-to-the-Future Essay,
71 N.C. L. Rev. 1487, 1495 (1993) ("Fair
housing must be reconceptualized to mean not only increased opportunity for blacks to
move beyond their socio-territorial disadvantage but also to mean enhanced
choice to overcome opportunity-denying circumstances while continuing to live
in black communities."); Charles E. Connerly, What Should Be Done with the Public
Housing Program?, 52 J. Am. Plan. Ass'n 142, 152 (1986) (arguing
"that the public
housing program has advantages that, coupled with continuing need for low-cost
housing in the nation, oblige us to preserve the public
housing stock and enhance its quality"); W. David Koeninger, A Room of One's Own and Five Hundred Pounds Becomes a
Piece of Paper and
"Get a Job": Evaluating Changes in Public
Housing Policy from a Feminist Perspective,
16 St. Louis U. Pub. L. Rev. 445, 451 (1997). David Koeninger writes as follows:
"pieces of paper," the Section 8 certificates and vouchers provided in lieu of hard units are not
without value-especially when the alternative is homelessness-they do not
provide women with the same level of economic security as a hard unit of public
housing. Moreover, the benefits of certificates and vouchers-tenant choice and
Id. (footnote omitted); Robert A. Solomon, Building a Segregated City: How We
All Worked Together,
16 St. Louis U. Pub. L. Rev. 265, 268 (1997) (advocating
"[a] policy which emphasized preserving traditional neighborhoods, concentrating
on ownership and services"); Wilen
& Stasell, supra, at 140. William Wilen and Wendy Stasell state as follows:
In Chicago remedial efforts-mobility programs and the construction of
scattered-site units in nonminority areas-to integrate public
housing residents have had the practical result of offering a limited number of
participants access to higher-quality municipal services. Meanwhile, most
low-income African American families remain concentrated in segregated areas of
the city. In a desire to achieve integration, some advocates have cast aside
the more important goal of improving
housing conditions for members of previously oppressed groups, thus actually harming
the intended beneficiaries of civil rights legislation.
Id. (footnote omitted).
One scholar argues for an intermediate point, allowing voluntary relocation
but, at the same time, making the situation more liveable for those residents
who remain in the
housing project. Jennifer Hochschild, Creating Options, Boston Rev., Summer 2000, at
14, 14-15. Michael Schill, along the same lines, has advocated a balanced
approach, asserting that
"physical renovations, reduced crime, coordinated social services, better
management, and more economically mixed populations all have the potential to
relieve the distress that envelops some inner city public
housing developments" but
housing policies that facilitate mobility, such as
housing vouchers, initiatives to reduce regulatory barriers to affordable
housing, and rigorous enforcement of anti-discrimination laws, may, in the long-run, be
much more successful in enabling poor households to escape poverty." Michael H. Schill, Distressed Public
Housing: Where Do We Go from Here? ,
60 U. Chi. L. Rev. 497, 553-54 (1993). In a later article, Michael Schill and Susan Wachter explore the manner in
housing law has
"contributed to the isolation and concentration of poor people in inner-city
communities" and suggest that
""vouchering out' public
housing can be a useful tool to deconcentrate poverty by enabling very low-income
tenants to move elsewhere and by permitting PHAs to attract more economically
diverse tenants." Michael H. Schill
& Susan M. Wachter, The Spatial Bias of Federal
Housing Law and Policy: Concentrated Poverty in Urban America,
143 U. Pa. L. Rev. 1285, 1341 (1995).
This Article does not enter this spirited debate, but instead attempts to show
how the interests of justice can be served, within the present HOPE VI program,
if certain changes are made in the program's focus.
n10. See infra notes 123-125, 236 and accompanying text.
n11. See infra notes 221-223, 227-228 and accompanying text.
n12. See infra note 228 and accompanying text.
n13. See infra notes 248-256 and accompanying text.
N14. See supra note 7 and accompanying text.
n15. See infra notes 57-61 and accompanying text.
n16. See infra note 98 and accompanying text.
n17. See infra notes 218-220, 262 and accompanying text.
n18. See infra note 209 and accompanying text.
n19. See infra note 118 and accompanying text.
n20. See generally infra notes 135, 137-139 and accompanying text.
n21. See generally infra notes 134-165 and accompanying text.
n22. See infra notes 119-121 and accompanying text.
n23. See infra notes 75-96 and accompanying text.
n24. See generally infra notes 122-129 and accompanying text.
n25. See generally infra notes 250-254 and accompanying text.
n26. See, e.g., Anthony DePalma, Starting over to House Newark's Poor, N.Y. Times,
May 3, 1987, at RE1 (replacing two thirteen-story buildings containing 400
apartments at Scudder Homes with 100 townhomes); Jilian Mincer, Failed Project
Is Demolished, N.Y. Times, Mar. 8, 1987, at RE8 (describing Kansas City's plan
to replace five towers at Kansas City's Wayne Miner Court with ninety-six
townhouses); William E. Schmidt, Bold Plans for Curing Sick
Housing, N.Y. Times, Oct. 11, 1988, at A16 (quoting the Chicago
housing authority director and opposing the tearing down and replacing of high-rise
buildings with low-rise scattered site
housing); Editorial, Up from Public
Housing, Wall St. J., June 1, 1987, at 22 (describing the demolition of Pruitt-Igoe
towers in St. Louis in favor of low-rise units).
n27. Atlanta was chosen as a first-round HOPE VI grant recipient because it is one
of the forty most populous cities in the country and because the Atlanta
Housing Authority (AHA) was on HUD's
"troubled" list as of March 31, 1992. Abt Assoc., Inc., supra note 3, at 1-10 n.15. New
Haven was chosen the same year because its
housing authority was on the troubled list. Id.
n28. Techwood Homes was a 457-unit development of rowhouse-style units that opened
in 1936. Id. at 1-21. One hundred percent of the apartments were dedicated to
family use. Id. In 1993, Techwood's 411 households had a median family income
of $ 3960. Id. at 1-24. Fifteen percent obtained their primary support from
earned income, 29% from social security, and 51% through public assistance. Id.
The slightly larger community of Clark Howell had 624 walk-up units and opened
in 1940. Id. at 1-21. It, too, was a family development and had space for 587
households. Id. at 1-21, 1-24. In 1996, the median family income was $ 3690.
Id. Fourteen percent were supported primarily through earned income, 19%
through social security, and 62% through public assistance. Id. During the HOPE
VI redevelopment process, all of the Techwood/Clark Howell units were
demolished. See id. at 1-26.
Elm Haven was a 462-unit family complex that opened in New Haven in 1941. Id.
at 1-22. Elm Haven's walk-up and low-rise units housed 429 households. Id. at
1-25. In 1996, the median family income was $ 6972, with 18% of families being
primarily supported through earned income, 29% through social security, and 67%
by public assistance. Id. As with Techwood/Clark Howell, all 462 units were
demolished through the HOPE VI redevelopment process. See id. at 1-26. At 16.9
acres, Techwood had a density of 27.1 units per acre. Id. at 3-3. Elm Haven's
density was similar, with 19.2 acres and 24.1 units per acre. Id. The density
of Clark Howell was significantly lower - 36 acres and 17.3 units per acre.
Id.; see also notes 140-141, 188, 256 and accompanying text.
The Atlanta and New Haven original developments
"were designed as slum clearance projects intended to provide quality
housing for low-and moderate-income residents." Abt Assoc., Inc., supra note 3, at 3-2.
housing these developments replaced was frequently substandard; the original tenants
were, for the most part, working-class white families." Id.
"In the early years of their histories, these developments were viewed as
healthy, self-contained communities, representing a significant improvement
housing they replaced." Id.; see Hous. Auth. of the City of Atlanta, Rebuilding Atlanta: Second Annual
Report 4 (1940) (describing the slums that the public-housing program was in the process of replacing in Atlanta); Mun. Hous. Auth.,
Tentative Report of
Housing Conditions: Atlanta, Georgia 1 (1934) (presenting the report of the committee
"charged with the duty of studying and investigating all phases of slum
housing of our people, and the beautifying of [Atlanta]"); Peter E. Arnold, Public
Housing in Atlanta: A National First, 13 Atlanta Hist. Bull., Sept. 1968, at 9, 9 (on
file with the Charles F. Palmer Collection, Emory Univ. Robert W. Woodruff Lib.
Spec. Collections) (describing Techwood Homes, as of the date of the article's
"well kept, a little old, and rather restful"); Solomon, supra note 9, at 293 (providing a comprehensive history of public
housing in New Haven and stating that
"[a] move into Elm Haven was unquestionably a step up").
At the time at which they were demolished, Techwood and Clark Howell each had
the consistent reputation of being
"one of the worst" developments in Atlanta, while Elm Haven was thought of as
"about average" for New Haven. Abt Assoc., Inc., supra note 3, at 3-24. These differences may
relate to differences between the cities of Atlanta and New Haven rather than
differences between Techwood/Clark Howell and Elm Haven.
housing consisted, as of 1995, of 14,461 units, 74% of which were nonelderly. Id. at
1-17. Just over 56% of the nonelderly units were in projects defined by HUD's
assessment criteria as
"old." Id. At the same time, New Haven public
housing consisted of a much-smaller 3484 units, 64.7% of which were nonelderly. Id.
Slightly more than 20% of the nonelderly units were at that time
"old." Id. According to HUD criteria, the AHA is an
"extra large" authority because it has more than 6500 units. Id. at 2-2. New Haven's is a
"large" authority because its number of units are between 1250 and 6499. Id. In
addition, New Haven's public-housing stock is younger than Atlanta's, with 60% or more of New Haven's developments
having been built since 1960. Id. at 2-3.
n29. The Atlanta grant was $ 42,412,635, and the New Haven grant was $ 45,331,593.
Abt Assoc., Inc., supra note 3, at 1-14.
n30. For fiscal year 1993, the AHA's Public
Housing Management Assessment Program (PHMAP) score, as assigned by HUD, was 55.45 out
of 100. Id. at 1-19, 2-6. Centennial Place has been a part of a dramatic,
systemic turnaround for the AHA. For fiscal year 1998, the AHA's PHMAP score
was 97 out of 100, earning HUD's High Performing Agency Designation. William
Campbell, Urban Holism: The Empowerment Zone and Economic Development in
26 Fordham Urb. L.J. 1411, 1414 (1999).
"In 1999, AHA's performance score was a perfect 100." Atlanta Hous. Auth., Corporate Profile, at
http://www.atlantahousingauth.org/aboutaha/start.cfm (last visited May 5, 2002).
The HANH's PHMAP scores for the years 1992 through 1994, although still falling
"troubled agency" designation, were marginally higher than Atlanta's pre-Centennial Place scores
- 48.31, 59.87, and 55.13, respectively. Quadel Consulting Corp., Management
Assessment Report of the
Housing Authority of the City of New Haven (CT) 1-4 (1996). The agency's 1995 score of
64.12 marked the first time the HANH had risen to the level of a
"Standard Performer" since HUD implemented the PHMAP system. Id. at xi. In addition, both
authorities have had an executive-director change since the HOPE VI application
process began. Abt Assoc., Inc., supra note 3, at 2-7, 2-9.
n31. Calculated using data from 2000 census, available at
http://factfinder.census.gov/bf/ (last visited May 5, 2002).
n32. Id.; Abt Assoc., Inc., supra note 3, at 4-12. New Haven has
"suffered in the transition from [a] manufacturing-based to services-based
economy" and is now
"in severe distress, ... which means that [the city is] able to provide only
minimal support for the PHAs or their developments." Abt Assoc., Inc., supra note 3, at 2-1, 4-12. Furthermore, New Haven has
"a surplus of low-cost
housing, meaning that the revitalized developments will have to compete for tenants." Id. at 4-18.
n33. See David McClendon, City Is Close to Losing $ 45 Million Federal Grant, New
Haven Register, June 9, 1997, at A1 (quoting New Haven Mayor John DeStefano as
"(The feds) are as close as you can get to rescinding a grant"); Editorial, Elm Haven Audit Deepens Scandal, New Haven Register, Nov. 23,
1997, at B2 ("According to a recent federal audit, the
housing authority spent federal grant money with abandon and without bothering to
document how it was spent.").
n34. Abt Assoc., Inc., supra note 3, at 4-5.
n35. New Haven Colony Historical Soc'y, Inside New Haven's Neighborhoods (Cary
Goldberg ed., 1982), available at
http://statlab.stat.yale.edu/cityroom/test/nghbrhds/ dixwell.html (last visited
May 10, 2002) (excerpts); infra note 61 and accompanying text.
n36. The difference in terminology is an important one. A
"denizen" is an
"one admitted to residence in a foreign country," or
"one that frequents a place." Merriam-Webster's Collegiate Dictionary 308 (10th ed. 2001). A citizen, on the
other hand, is
"one owing allegiance to a state in which sovereign power is retained by the
people and sharing in the political rights of those people," or
"a native or naturalized person who owes allegiance to a government and is
entitled to protection from it." Id. at 208. The definition of
"citizen" thus involves a bilateral component missing from that of
n37. Rousseau, supra note 7, at 59-62.
n38. As for individuality, unlike Locke and Hobbes, who asserted that people give
sovereignty to the ruler, Rousseau claimed that sovereignty remains with the
people. Compare id. at 30, 63, with Locke, supra note 7, 95, at 49 and Hobbes,
supra note 7, ch. XVIII, at 121-22. The needs of each individual are to be
represented through the general will. In Rousseauean theory, it is possible to
force someone to be free (meaning to force an individual to perform the duties
of a subject to earn the rights of a citizen, to prevent free riding). See
Rousseau, supra note 7, at 63-64. However, it does not appear to be possible to
force someone to enter the social contract in the first place. Therefore, when
the contract is intact, there can be no tyranny by the majority and the
sovereign definitionally cannot have interests contrary to those of its
members. Id. at 63.
n39. Rousseau, supra note 7, at 60. This process works only when the civil rights
the individual obtains are greater than the natural rights she gives up. Id. at
61. In return for these civil rights, each individual must be willing to give
all that she has to the sovereign. Id. at 68.
n40. For one alternative means of assessing the success of public-housing reform, see Lawrence J. Vale, Public
Housing Redevelopment: Seven Kinds of Success, 7
Housing Pol'y Debate 491 (1996) (focusing on three 1980s redevelopment efforts in
n41. See Cong. for the New Urbanism, Principles for Inner City Neighborhood Design
3 (n.d.) [hereinafter Cong. for the New Urbanism, Principles]. Along the same
lines, a representative of Beacon Corcoran Jennison, the developer of Monterey
Place, used the metaphor of
"fit" in underscoring the importance of new architecture to the redevelopment
effort's success. Interview with Kevin Maguire, Senior Project Manager for
Beacon Corcoran Jennison, in New Haven, Ct. (Apr. 17, 2000). Bad architecture
may be seen as a metaphor for the early urban renewal projects. Id. They did
"fit" the neighborhoods into which they moved, but rather dominated them, in the
same way that the hulking towers and superblocks they utilized did not
"fit" their neighborhoods, but rather dominated them. Id.
n42. Most HOPE VI developments involve New Urbanist fine-grain, mixed-use design
with a more human scale than was common in traditional public
housing. See Cong. for the New Urbanism, Charter of the New Urbanism (Michael Leccese
& Kathleen McCormick eds., 2000) [hereinafter Cong. for the New Urbanism,
Charter]. New Urbanist public
housing is intended to resemble private
housing. Cong. for the New Urbanism, Principles, supra note 41, at 2. Gables, wood or
siding, and pitched roofs are common design elements. See id. at 13. In
addition, density has been lowered and unit size has been increased. Abt
Assoc., Inc., supra note 3, at 3-5 to 3-6. As one source has noted,
"Many of these [original public
housing] developments, particularly those constructed before 1960, have units that are
considerably smaller than modern standards, which exacerbates the density
problem." Id. at 3-5.
"HUD's current guidelines call for a standard [for a typical two-bedroom unit]
of at least 725 square feet and new construction projects in Detroit are being
built with between 800 to 1,178 square feet." Id. The apartments include amenities normally associated with high-end market
rate units, such as swimming pools, fitness centers, security systems, cable
television, wall-to-wall carpeting, central air conditioning, dishwashers, and
washers and dryers. See infra notes 54-56 and accompanying text.
Hundertwasser also emphasized the importance of scale.
"In his youth he visualized buildings as violent destroyers of habitat and human
scale." Rand, supra note 8, at 128. Along the same lines, he talked about the need for
architecture to reflect local character, such that the occupant is represented
both as an individual and as part of a unique people and place. Hundertwasser,
supra note 8, at 125 (giving the example of the Mierka grain elevator located
"the Wachau, the most picturesque stretch of the Danube"). Hundertwasser thought it important that the building's design should reflect
this sense of place. Id.
n43. See supra note 36 and accompanying text.
n44. For a critique of New Urbanist literature as oversimplifying the complex
concept of community, see generally Emily Talen, The Problem with Community in
Planning, 15 J. Plan. Literature 171 (2000) ("Current popular texts related to planning practice that carry the community
message usually do not make the complexity of community clear."). She argues that
"much can be gained by freeing ourselves from the quest for community and
focusing instead on other, often more tangible goals. In the case of physical
planning, such goals could include the design of quality, accessible public
space." Id. at 180. Talen goes on to state that,
"to some extent, the promotion of false connections between physical design and
community trivializes the concept of community." Id. at 181.
n45. Hundertwasser described man's
housing as his
"third skin" (with man's natural skin being his first skin and his clothing his second
skin). Hundertwasser, supra note 8, at 258.
n46. Stephen Willats has studied in significant detail the social and psychological
effects on public-housing residents of living in high-rise towers, the amelioration of which may be seen
as a major focus of HOPE VI redevelopment. Stephen Willats, Between Buildings
and People 11-12 (1996). Willats conducted extensive interviews over the span
of more than fifteen years with residents of public-housing towers in Germany and England. Id. at 12. His thesis is that
the building and architecture of any street is also an expression of the
ideology driving society. In their physical form and fabric, buildings contain
both the idealisations and pragmatics of how society sees itself, as well as
the consciousness that exists between people themselves and the conventions
that govern the way those exchanges happen.
Id. at 6.
n47. Back in 1961, Elizabeth Wood, founding director of the Chicago
Housing Authority and federal HUD administrator, already had brought attention to the
importance of architecture in public
housing. She bemoaned the
"meaningless geometry" of much traditional public
housing and, like today's New Urbanists, believed strongly in the rehabilitative power
of better design. Elizabeth Wood,
Housing Design: A Social Theory 3 (1961) (on file with the Charles F. Palmer
Collection, Emory Univ. Robert W. Woodruff Lib. Spec. Collections). See
generally Bruce Lambert, Elizabeth Wood, 93, Innovator in Early Days of Public
Housing, N.Y. Times, Jan. 17, 1993, at A36 (describing in an obituary Wood's lifetime
of accomplishments). She spoke of the
"importan[ce of] designing buildings to richly fulfill peoples' needs and desires" and of
"designing for social structure." Wood, supra, at 5. Consistent with Wood's declarations, Techwood's original
designers took care to employ architecture that was, at that time, thoughtful
and innovative. Techwood's playgrounds segregated by age group, its distinctive
cupola building, and its 189 garages for tenant automobiles were each cited, at
the time, as examples of good design. See Arnold, supra note 28, at 9
(describing the amenities of the original development).
n48. Cf. infra notes 65-66, 228 and accompanying text.
n49. Techwood consisted of seventeen low-rise buildings and Clark Howell of
sixty-three townhomes. Abt Assoc., Inc., supra note 3, at 3-7. Elm Haven
consisted of thirty-one townhomes. Id.
n50. Kenneth Frampton, Le Corbusier 46-57 (2001).
n51. Camilo Jose Vergara, Hell in a Very Tall Place, Atlantic Monthly, Sept. 1989,
n52. Alex Kotlowitz, There Are No Children Here: The Story of Two Boys Growing Up
in the Other America (1991).
n53. Abt Assoc., Inc., supra note 3, at 5-17. Centennial Place, taking its cues
directly from the New Urbanist playbook, now features townhouse-style
apartments with garages and streets lined with large oaks. A magazine article
describes the redevelopment:
The townhouses' hyphenated, cross-gabled profiles gain depth from projecting
bays and garden stairs. Materials change to give the buildings vertical
variety: Red brick panels hold the ground, contrasting with pale-yellow vinyl
siding on some units, white fish-scale shingles on the pediments, and
slate-colored pitched roofs. Jack arches mark ground-floor entrances beneath
brick galleries, which support second-and third-floor porches detailed with
white balusters and double posts topped by simplified, flat capitals.
Bradford McKee, Public
Housing's Last Hope, Architecture, Aug. 1997, at 94, 100.
"each of the homes [at Monterey Place] will have a front porch and a rear patio,
and first floors will be elevated from the street." Chris Dimond, Made for Walkin', Am. City
& Country , July 1998, at 42, 50. Options include single-family homes, duplexes,
and townhouses with one to four bedrooms, with ownership, rental, and
rent-to-own options. Id. In the interest of simplicity, this Article focuses
only on the rental units, as Centennial Place has no corresponding
n54. Materials assembled by Douglas Faust, Atlanta
Housing Authority (on file with author); Arnold, supra note 28, at 9 (noting some of
the amenities of the original Techwood Homes development).
n55. Materials assembled by Suzanne Miller,
Housing Authority of the City of New Haven (on file with author).
n56. All three original developments had recreational facilities as well. Abt
Assoc., Inc., supra note 3, at 3-29. For Centennial Place, the new recreation
facility is the Centennial Place Family YMCA. John Blake, A New Y for a New
Era, Atlanta J. Const., Feb. 3, 2000, at T4. Unlike Techwood's original fitness
center, the YMCA is designed for the use of the outside community as well as
the residents of Centennial Place. Id. The Atlanta media pronounced the
facility, which features
"a 35-foot climbing wall, aerobics, outdoor guided trips to as far away as
Mexico and a
"fitness loft,' complete with treadmills, stationary bikes and Cybex equipment," an immediate success. Id. In addition to state-of-the-art physical fitness
equipment, the facility offers sports, art, drama, and computer programs for
neighborhood children and job training for their parents. Id. The Centennial
"staff members talk proudly of helping the community's single mothers or
teaching their children how to use computers." Id. One club member states,
""What I love about this Y is that there are all races, cultures, religions and
sexes and it makes no difference.'" Id.
In New Haven, likewise, Dixwell's Community House, commonly called the
"Q" House, will continue to be an important part of the community. New Haven
Colony Historical Soc'y, supra note 35.
"The organization today provides counseling and activities for troubled
youngsters, gives drama and art classes, sponsors field trips to New York, and
involves neighborhood youth in local projects." Id. In addition, New Haven's Community Progress, Inc. program has provided job
training at least as far back as 1965. U.S. Dep't of Hous.
& Urban Dev., Urban Renewal Notes 9 (July-Aug. 1966) (on file with the Charles
F. Palmer Collection, Emory Univ. Robert W. Woodruff Lib. Spec. Collections).
Amenities and community resources such as those enjoyed by Centennial Place and
Monterey Place residents are not, however, entirely creations of HOPE VI. The
original Techwood development boasted private entrances with fenced-in
backyards, private front yards, gas stoves, refrigerators, built-in cabinets
with kitchen worktables, modern baths, playgrounds, and indoor recreation
space. Hous. Auth. of the City of Atlanta, supra note 28, at 11. Healthcare and
vaccines were provided for young children, along with nurseries for mothers
working during World War II, and on-site clubs and organizations including a
credit union, nutrition education, sewing, and Boy and Girl Scouts. Hous. Auth.
of the City of Atlanta, Report of the Atlanta
Housing Authority for the Years 1943 and 1944, at 13-14 (1944).
n57. One report states:
Many of the HOPE VI developments in the baseline assessment sample have
distant relationships, if any, with the surrounding neighborhood. The
developments are often not considered to be part of the neighborhoods in which
they are located ... . Physical deterioration of the development and lack of
through streets connecting the development to neighborhood streets also
contribute to a distancing between the development and the surrounding
Abt Assoc., Inc., supra note 3, at 4-19.
n58. Cong. for the New Urbanism, Charter, supra note 42, at 95.
n60. Cong. for the New Urbanism, Principles, supra note 41, at 21.
n61. Integrating Centennial Place with the rest of the community has been difficult
because the development is not part of a neighborhood, but rather is
"enclosed on all sides - bordered by the [I-75/I-85] Connector on the east,
Georgia Tech on the north, the Coca-Cola office compound on the west and the
park to the south." Ernest Holsendolph, Public-Private Partnership Paves Way for Urban
Housing, Atlanta J. Const., June 29, 1997, at R2. The only
housing in the area is public
housing and housing for Georgia Tech students. Abt Assoc., Inc., supra note 3, at 4-7. At least
20% of the surrounding property is vacant. Id. at vi. Although Centennial Place
is near the downtown business district, unfortunately, that part of downtown
that is closest to the development is
"consistently in worse condition than [that] further away." Id. at 4-12.
The neighborhood around Elm Haven, by contrast, is historic and generally
residential. This fact should make it easier for city planners to bring public
housing back into the community. Monterey Place is part of the Dixwell neighborhood,
the oldest black community in the city. New Haven Colony Historical Soc'y,
supra note 35 (noting that, by 1960, African Americans constituted 75% of
Dixwell's population). Even as far back as 1870, when there were only about
1000 African-American residents in New Haven, many were concentrated in
Dixwell. Id. Indeed, Dixwell, often called
"the Harlem of New Haven," has been the center of black culture in the city for over one hundred years.
Id. Much of this culture centers around the neighborhood's dozen or more
churches and the
"Q" House. Id. Elm Haven was, and Monterey Place will be, geographically central
to the Dixwell community.
n62. New Haven Colony Historical Soc'y, supra note 35.
n63. Willats, supra note 46, at 114.
n64. Stephen Willats reported similar dynamics among the residents he studied. When
asked about social amenities in her community, one married woman stated that
"none at all around here." Id. at 49. In addition, describing the fact that friends from her old
neighborhood declined to visit her due to safety concerns, she reported that
"sometimes feels lost and forgotten," to which her husband added,
"we are an island ... there's no community here at all." Id. at 49, 51. The husband described a world in which there is little
opportunity for the development of social capital - residents speak to one
another in the stairwell but otherwise have little or no social interaction
with one another. Id. Another married woman gave a similar report:
"We all do keep ourselves to ourselves, because nearly everybody in this block
is doing something they shouldn't be doing. And you know therefore there are
skeletons in the cupboards." Id. at 104. Isolation from the outside world seems equally severe. A young
mother stated as follows:
When I look out the window it's as though the world's going by without you,
you're indoors in here and you look out and see everybody going to work, or
some mums walking down the road at half eight and I think, well, I'm still in
here and it seems like you're not part of it out there.
Id. at 114. Gerald Suttles makes a similar point, citing the fact that public-housing residents often
"are thereby further estranged from one another" and describing a general culture of distrust among the tenants. Gerald D.
Suttles, The Social Order of the Slum: Ethnicity and Territory in the Inner
City 123 (1968); see David M. Abromowitz, Chair's Message: The Transformation
Housing, 5 J. Affordable Hous.
& Community Dev. L. 302, 302 (1995) ("When private management personnel promised the [former public
housing] tenant task force leaders that halls in the apartment buildings would be
cleaned three times a week, one tenant leader stared in disbelief.
"You mean you're going to clean the halls? I want that in writing,' she said."). New Urbanist thinkers acknowledge widespread urban mistrust of outsiders'
agenda, as well. Congress for the New Urbanism, Charter , supra note 42, at 41.
n65. One of Willats' interviewees stated as follows:
There's been times when I've been in for weeks and weeks and not actually
managed to get out, ... and you're confined really. Although you don't want to
be, you end up staying in more and I've hardly really been out at all this
year. Before I was always out; you shut yourself in and that's it.
Willats, supra note 46, at 114. Along the same lines, one young single woman
notes, when speaking about bringing friends from outside the development to her
"the amount of people who've turned around and said,
"Oh, it's like walking into a prison block.'" Id. at 59. Another tenant, a married man, stated,
"You hear doors slamming and unlocking, it's like a prison at times." Id. at 140.
n66. See Massachusetts Institute of Technology Professor Lawrence J. Vale's
excellent book From the Puritans to the Projects: Public
Housing and Public Neighbors, for a comprehensive history of the United States'
struggle to define the term
"worthy poor." Lawrence J. Vale, From the Puritans to the Projects: Public
Housing and Public Neighbors (2000).
n67. Willats, supra note 46, at 113.
n68. Referring to a number of people living in his development because
"they've got nowhere else to go," one tenant stated,
"We've stressed to the council on many occasions that it is an important feature
that they shouldn't have these people living in towers that don't want to live
here and continue living here." Id. at 113. Another tenant expressed similar sentiments:
In the block, apart from it going from bad to worse, I mean, they've started
putting children up here again which is bad. There's too much graffiti, too
many dirty people that throw their rubbish out ... . It's not all that long ago
since all this started, maybe five years ago that we started really getting
problems ... I don't know why it happened except that it was a hard-to-let
block and they put in problem families.
Id. at 138. Even Willats, however, would seem to concede Bertha Gilkey's
point, infra notes 226-227 and accompanying text, that not all public-housing towers must share these negative qualities. Unlike Gilkey, however, Willats
ties successful high-rise living more directly to tenant mix (and,
derivatively, to the towers not being considered
housing of last resort, as discussed above) than to issues of lease enforcement. See
Willats, supra note 46, at 17. Describing two high-rises, Willats stated as
The tower blocks were of exactly the same design, built at the same time,
situated near each other, with the residents initially coming from the same
redeveloped part of Leeds. Marlborough Towers was an example of how life in the
tower block was meant to be, expressing community values, while the other,
Lovell Park Towers, represented the worst nightmare of those allocated a flat
in one of these buildings. In Marlborough Towers, residents had positioned
plants outside the front doors, had personalised knockers and doorknobs,
welcoming mats and the place was spotless. By contrast, Lovell Park Towers was
devoid of anything similar, it was dark and decrepit, with steel doors and
grills erected by some tenants to keep others out of their flats, flats in
which they felt imprisoned. When I looked for an answer to this phenomenon, I
found that both buildings had started in the same manner, but then one had been
"short-term' problem families as tenants. Their aggressive behaviour towards the
situation had triggered off a stigma which blackened residents' feelings about
the building. This had developed into a continuous negative feedback, which
left people with a psychology that only re-emphasised the full extent of the
Id. Note, again, the
"prison" analogy being made in this quotation.
In many parts of Europe, by contrast, regular public
housing is not the
housing of last resort. Videotape: World War Against Slums (Charles Forrest Palmer
1934-46) (film depicting public
housing around the world) (on file with the Charles F. Palmer Collection, Emory Univ.
Robert W. Woodruff Lib. Spec. Collections). In Amsterdam, for instance, fewer
than 1% of families are dubbed
"unsocial" and thus deemed unsuited for traditional public
housing. Id. The
"unsocial" live in rigid, segregated developments in which the gates close at 9:00 p.m.
and there they are taught how to live. Id. Pushcart garages, locks on laundry
dryers, and broken glass on walls help discipline. Id. The Hague has a similar
n69. See Interview with Maguire, supra note 41; Caroline Hubbard, Two Tech Alums
Try to Land a Kroger on Techwood Drive, Atlanta Bus. Chron., June 28, 1999, at
n70. Beacon Corcoran Jennison's Kevin Maguire opines that
"when people picture a community, they picture some form of
housing, people walking on the sidewalks, and a corner shop." Interview with Maguire, supra note 41.
n71. Maguire notes that the
"corner shop" part of the equation may prove more difficult to maintain than most people
realize. If the average grocery shopper goes shopping once every thirty days,
Maguire suggests, and the store stays open twelve hours per day and must have
thirty customers per hour to stay in business, the store must have 18,000
customers, assuming that each shopper buys groceries at that same store every
New Haven has been reminded of the fragility of grocery stores in the Dixwell
community through a painful recent lesson. The Valu Super Market closed its
Dixwell Plaza supermarket, which had long been awaited by the community, after
only fifteen and a half months in business. Mark Zaretsky, Theft, Sales Force
Grocery to Check Out, New Haven Register, May 10, 1996, at A3. The grocery
"provided inner-city residents with dozens of jobs, competitive prices,
custom-butchered meats, fresh fish on ice - and the only ATM between Yale and
the Hamden border." Id. Poor sales and the theft of about $ 120,000, both from employees and local
residents, contributed to the closing.
""It was easy to steal,' said one neighbor who wasn't among the thieves but saw
it all the time.
"I saw a guy putting meat in his pants. But the management wasn't doing anything
about it.'" Id. Along the same lines, a thirteen-year-old girl was quoted as saying,
"was good, but I think the community messed it up.'" Id. The president of the Greater New Haven Chamber of Commerce, Matthew
Nemerson, hinted at the larger significance of the store's failure:
I think it's a shame. I think that it was very well-run, and it had a great
selection of food, and I think that it was the first element in what was going
to be a renaissance for that part of Dixwell Avenue.
If you look at what people want in the inner city, having an affordable, large
supermarket is at the top of people's lists.
Id. (quotations omitted).
Atlanta's experience is consistent with New Haven's.
"You can have the best intentions, a pot of public and private money and lots of
willing residents ready to move in. But the one thing any downtown neighborhood
needs to succeed may be the toughest of all to get: a supermarket." Hubbard, supra note 69, at 1; see also Ben Smith III, Grocery Stores Spur
Renewal, Conflict, Atlanta J. Const., Sept. 27, 1999, at B1 (""If you get the grocery store in your community everything else follows,' said
Paul Zucca, chairman of a neighborhood planning unit in the area.
"If you can't, you won't revitalize the community.'"). Three years after Centennial Place opened to residents, the area was still
trying to attract a national-chain grocery store. Hubbard, supra note 69, at 1.
As one of the individuals leading the effort stated,
"There was a period of time when we would call [supermarket companies] and they
"I'm not going down there. Don't ever call me again.'" Id. (alteration in original).
n72. Atlanta has come to the conclusion that market forces alone are not likely to
support in-town grocery stores. Hubbard, supra note 69, at 1. Rather, the
backers of Centennial Place believe companies expect special treatment from the
government in return for risky ventures such as downtown grocery stores. Id.
Atlanta's own experience supports this view: The Atlanta Development Authority
has worked with Kroger on incentives and tax breaks to make the retail project
viable. Despite downtown residential growth, a full-sized supermarket still
needs incentives to locate in town. Kroger could buy cheaper land in an area
like [wealthy suburban] Alpharetta and still sell more groceries. Id.
Attempting to explain why he felt government subsidies were necessary for
projects like the Centennial Place Kroger, one Atlanta Development Authority
"For a retailer that is space-intensive, that makes more of a difference.
Groceries take up a lot of space, and there is not a big mark-up on items." Id. Ultimately, it appears that both New Haven and Atlanta consider success in
attracting, and keeping, a major-chain supermarket and other local retail
establishments to be critical in making the area around each redeveloped
community into a
n73. New Haven researcher Douglas Rae has recognized that
"it is quite arguable that the total quantity of [low-income]
housing is too great for the central city [in New Haven] and should be curtailed or
spread across the city's region in more equitable fashion." Abt Assoc., Inc., supra note 3, at B-20.
n74. Cong. for the New Urbanism, Charter, supra note 42, at 65; Peter W. Salsich,
Jr., Thinking Regionally About Affordable
Housing and Neighborhood Development,
28 Stetson L. Rev. 577, 602-03 (1999) (advocating a regional approach to low-income
housing that would include inclusionary land-use policies and regional tax base
sharing). New Urbanist thinkers, similarly, have referred to fiscal zoning as
demonstrating a low level of social responsibility. Cong. for the New Urbanism,
Charter, supra note 42, at 67.
n75. Hundertwasser, supra note 8, at 268.
n76. Id. at 259.
n77. Id. Literally translated, baumpflicht means
n78. Friedensreich Hundertwasser, KunstHausWien 25 (1999).
n79. Id.; Hundertwasser, supra note 8, at 98 (introducing the idea of houses that
are invisible from above). In Hundertwasser-Haus, more than the equivalent of
the building's footprint is planted, thus, the house gave back more greenspace
than was taken. Hundertwasser, supra note 8, at 271-72.
n80. Hundertwasser, supra note 78, at 20; Hundertwasser, supra note 8, at 275.
There are three tree tenants in Hundertwasser-Haus. Hundertwasser, supra note
8, at 275.
n81. Rand, supra note 8, at 135.
n82. Hundertwasser, supra note 8, at 272. The terraces are part private, part
public, and part off-limits to man, for spontaneous vegetation only. Id.
n83. Id. at 188.
n84. Even though environmental responsibility has not been a focal point of HOPE
VI, New Urbanist thought has recognized the importance of this issue,
describing environmental deterioration and the loss of agricultural lands and
wilderness as conditions to which it is attempting to respond. Congress for the
New Urbanism, Charter, supra note 42, at 29. New Urbanism also identifies
metropolitan farms as critical to the health of city dwellers and emphasizes
the need to protect the water supply. Id. at 29-30. In addition, New Urbanism
encourages building in harmony with nature through attention to energy use,
pollution, water consumption and management, and recyclable materials. Id. at
n85. Hundertwasser, supra note 8, at 78 (introducing the concept of fensterrecht,
or window rights); Cong. for the New Urbanism, Charter, supra note 42, at 113,
136 (emphasizing the importance of parks and windows).
n86. Cong. for the New Urbanism, Charter, supra note 42, at 169.
n88. Id. This idea is not a new one. As far back as the 1930s, public-housing leaders were aware of the importance of features such as window bays and
balconies to the health and happiness of tenants. Council for Art
& Indus., The Working Class Home: Its Furnishing and Equipment 41 (1937).
n89. Environmentally sound building practices are also consistent with an awareness
of historical context evidenced by appropriate stewardship of resources for
future generations. See generally Bruce A. Ackerman, Social Justice in the
Liberal State 201-27 (1980) (setting forth what Ackerman terms a
"liberal conception of trusteeship").
n90. Hundertwasser, supra note 78, at 51.
n91. Hundertwasser, supra note 8, at 259; Rand, supra note 8, at 187.
n92. Hundertwasser, supra note 8, at 293.
n95. Cong. for the New Urbanism, Charter, supra note 42, at 2. This idea was also
presented in the 1940s by the National
Housing Agency, which noted that good
housing should respect history and place.
"Simplicity of detail and materials," the agency asserted,
"does not prohibit
housing from reflecting local patterns of architecture." Fed. Pub. Hous. Auth., Public
Housing Design: A Review of Experience in Low-Rent
Housing 112-13 (1946).
n96. See infra notes 218-220 and accompanying text.
n97. U.S. Dep't of Hous.
& Urban Dev., General Guidance on Resident and Community Involvement 2 (2000).
n98. When asked,
"Can New Urbanist planning and design principles be applied successfully to
housing?," architect Dick Bundy replied,
"Most of what the New Urbanists promote is unreal, Disneyland-type planning that
assumes today's problems in our built environment can be solved with the
organizing principles of our 18th and 19th century settlements." Pulse, Architectural Rec., Mar. 1997, at 20 (quoting Dick Bundy, FAIA,
& Thompson, San Diego, California). Elliot Taub, an architectural intern,
replied as follows:
What better way to complete the alienation of the (primarily African-American)
poor than to impose a Colonial town grid into their neighborhoods? What more
apt symbol is there of a group trying to colonize their own citizens; to wipe
them clean of identity, of meaning, like the site Seaside was built on?
Id. (quoting Elliot Taub, architectural intern, John Ciardullo Associates, New
York, New York).
n99. Hundertwasser, supra note 78, at 17.
n100. Id. Having creative construction that is inclusive and open to change was, per
Hundertwasser, more important than building according to a plan.
n101. Hundertwasser, supra note 8, at 258. The tenant's right to customize his space
was limited only in that he could not make a neighbor suffer or the house
unsafe. Id. at 216.
n102. Id. at 258.
n103. Id. at 259.
n105. Rand, supra note 8, at 182.
n106. See infra note 107 and accompanying text.
n107. In memoirs detailing his pre-World War II travels through Europe examining
housing, Charles F. Palmer cited with approval a statement by Conte de la Ville,
Italy's Director of
Housing under Mussolini.
""All public buildings,' the Director said vigorously,
"must be beautiful - even those occupied by the poor.'" Charles F. Palmer, Adventures of a Slum Fighter 36 (1955).
n108. Cong. for the New Urbanism, Charter, supra note 42, at 53.
n109. Paul C. Brophy
& Rhonda N. Smith, Mixed-Income
Housing: Factors for Success, Cityscape: J. Pol'y Dev.
& Res., 1997, at 3, 3-5.
n110. Id.; see also infra note 119 and accompanying text.
n111. Hundertwasser, supra note 8, at 290.
n112. See Pub. L. No. 105-276, 112 Stat. 2461 (1998). For a discussion of the Act
generally, see Peter W. Salsich, Jr.
& Nathan A. Orr, Legislative Note - Congress Approves Major
Housing Legislation, 8 J. Affordable Hous.
& Community Dev. Law 175 (1999).
n113. Pub. L. No. 105-276, 112 Stat. at 2453-44.
n114. Id. at 2544.
n116. Atlanta Hous. Auth., Centennial Place, Public Information, AHA Property
(last visited Apr. 4, 2001) (on file with author). Both the elderly
housing and home ownership units at Monterey Place are 100% public
housing. Materials assembled by Miller, supra note 55. The original Techwood
development had some limited income mixing in the form of caps on the number of
tenants with welfare as their primary source of income who would be admitted.
Hous. Auth. of the City of Atlanta, Homes, Health and Happiness: Third Annual
Report 15 (1941) (on file with the Charles F. Palmer Collection, Emory Univ.
Robert W. Woodruff Lib. Spec. Collections).
n117. As of February 14, 2000, 217 of 222 completed public-housing units at Centennial Place were occupied. Atlanta Hous. Auth., Innovative
Revitalization - Changing the Face of Public
Housing in Atlanta 1 (2000) (on file with Charles F. Palmer Collection, Emory Univ.
Robert W. Woodruff Lib. Spec. Collections). In addition, of the eighty-three
units in Phase IV, the only stage remaining to be completed, one public-housing unit was occupied. Id. Of the 555 total completed units, 512 were occupied at
that time, and five of the 195 being constructed in Phase IV were occupied as
Ross Lloyd, the manager of Centennial Place, stated that
"he has not had a hard time leasing apartments" to market rate tenants. Norm Parish, More Banks, Businesses Backing Public
Housing; Murphy Park Benefits from Corporate Confidence, St. Louis Post-Dispatch, June
9, 1997, at 1A. Lloyd also denies that there is any intra-complex stigma
attached to the public-housing residents of the complex.
"We don't have any problems," he stated.
"If you come through here, you will never know who pays what." Id.
n118. In addition to significant income mixing, Centennial Place has achieved a
considerable measure of diversity on other fronts, as well. Atlanta
Housing Authority, supra note 116; Mariwyn Evans, Privatization of Public
Housing, 63 J. Prop. Mgmt., Mar./Apr. 1998, at 25, 27 (providing then-current
demographics for the Centennial Place development, 50% African American and 20%
Caucasian, with 54% of residents having incomes exceeding $ 35,000).
Forty-three percent of households had incomes greater than $ 35,000 per year,
and 20% had incomes greater than $ 55,000 per year. Materials assembled by
Faust, supra note 54. Evans explains as follows:
The demographics of the first 89 occupied units paint a fairly successful
picture of a mixed-use community. Approximately 54 percent of the residents
have incomes over $ 35,000, and new residents are drawn from all parts of the
city and suburbs. Approximately 50 percent of the first occupants were African
American while another 20 percent were Caucasian.
Evans, supra, at 27.
n119. Leaders in both Atlanta and New Haven, however, believe strongly in the
experiment. By way of background, New Haven's Robert Solomon stated that 80% of
median annual income (the maximum income allowed by federal law for public-housing tenants) in New Haven is $ 38,000, and that many families in the former Elm
Haven made less than $ 10,000 each year. Robert Solomon, Lecture at Yale Law
School (Apr. 10, 2000). He also stated that the project consisted of families
receiving Aid to Families with Dependent Children, and that he believes having
some families with children who pursue education beyond high school is critical
to any community's success. Id. In addition, both Atlanta and New Haven
representatives have indicated that they expect the new mixed-income
developments to provide opportunities for low-income residents to have more
frequent and more meaningful interaction with higher-income individuals. Beacon
Corcoran Jennison's President Howard Cohen describes this as an important
"opportunity for networking," while Solomon describes the mixing as providing opportunities for the
"strong peer groups" he believes are
"extremely important." Howard Cohen, Lecture at
Housing Authority of New Haven (Apr. 12, 2000); Solomon, Lecture, supra. Along the
same lines, Atlanta Mayor Bill Campbell has said of the city's second HOPE VI
project, The Villages at East Lake, that
"the idea ... is to give poor people neighbors who are good role models for
success - at the same time offering middle-class families quality
housing inside Atlanta's borders." DeWayne Wickham, Atlanta Mayor Takes Innovative Approach to Public
Housing, Montgomery Advertiser, Sept. 13, 1998, at 15A.
n120. Id. One study has noted that
"proponents of mixed-income
housing must account for the fact that interaction and neighboring in the United
States have been in decline and may be particularly low among mobile renters,
regardless of their income levels." Brophy
& Smith, supra note 109, at 6; Alex Schwartz
& Kian Tajbakhsh, Mixed-Income
Housing: Unanswered Questions, Cityscape: J. Pol'y Dev.
& Res., 1997, at 71, 74 (asserting that
"there is inconclusive research on the extent to which physical proximity
between the poor and nonpoor leads to desired outcomes" and proposing an assessment framework to evaluate the efficacy of such
programs). Rather, Brophy and Smith posit as follows:
The subsidized residents and the market-rate tenants
"coexist," to use one official's description. The mobile and upwardly mobile market-rate
residents generally have little time for, or interest in, significant
neighboring activities. For them, the project's attractions are its location,
design quality, and price. The community of former public
housing residents and other subsidized renters continues to have a commitment to the
project as a place to live and to neighbor. They have much more in common with
one another - including children - than they do with the market-rate tenants.
& Smith, supra note 109, at 9.
n122. Hundertwasser, supra note 78, at 17.
& Melzer, supra note 8, at 47; cf. infra notes 100-105 and accompanying text.
& Melzer, supra note 8, at 47. Monterey Place follows Hundertwasser's precepts
to a limited extent. The buildings have common features, but each will have
"unique exterior elements to provide diversity in the streetscape." Materials assembled by Miller, supra note 55.
n125. Hundertwasser, supra note 8, at 76.
& Melzer, supra note 8, at 50.
n127. Hundertwasser, supra note 8, at 254, 270.
n128. Id. at 292.
n129. Id. at 259. This concept is also consistent with architectural history. Until
fifty to one hundred years ago, floors were not all the same height and windows
were not all the same in size. Instead, these elements indicated social status,
with the richest tenants living on the ground floor with the highest ceilings
and largest windows. Rand, supra note 8, at 186.
n130. 2001 Proceedings of the Am. L. Inst. 49-62 (2002).
n131. Id. at 61.
n132. Id. As Judge Arnold eloquently states:
Try thinking of everybody you meet as an individual. If you go get gas,
remember that the person who pumps the gas-there are a few left-is a human
being, not a gas pump. The bank teller who hands you cash is a human being, not
a money machine. The people who clean your office, if you have one, are human
beings, not vacuum cleaners. Even the person whose office you clean, if that is
your job, is a human being ... .
In short, take time to treat people like people and not like things.
n133. Valuing individuality is not a new concept. A British publication from 1937
explored whether well-designed household items were available for low-income
families at a reasonable price and, in so doing, noted the importance to each
family member of creating an environment of
"individuality within the home." Council for Art
& Indus., supra note 88, at 22. Even in the 1930s, when the United States'
public-housing experiment was relatively new, public-housing leaders understood, in at least this limited way, the importance of allowing
residents to participate in designing their home environment.
n134. See infra note 146 and accompanying text.
n135. Rosario Daza, HUD Program Stirs Concern Across Nation, News Trib. (Tacoma
Wash.), May 11, 1998, at A10; Cohen, Lecture, supra note 119. See generally
Eileen M. Greenbaum, Quality
Housing and Work Responsibility Act of 1998: Its Major Impact on Development of Public
Housing, 8 J. Affordable Hous.
& Community Dev. L. 310, 310 (1999) (focusing
"on those aspects of QHWRA that relate most directly to the process of
housing"); Jerry J. Salama, The Redevelopment of Distressed Public
Housing: Early Results from HOPE VI Projects in Atlanta, Chicago, and San Antonio, 10
Hous. Pol'y Debate 95, 96 (1999) (asserting that the elimination of this
requirement was critical to the success of HOPE VI).
n136. Daza, supra note 135, at A10.
n137. Similar sentiments were echoed by representatives of the Chicago
Housing Authority, then opposing plans to tear down high-rise developments like the
Robert Taylor Homes and replace them with low-rise scattered site
"When you have got a waiting list of 100,000 people and a growing problem with
homelessness, you cannot lose any of your
housing stock." Schmidt, supra note 26, at A16. Another article about the situation in Chicago
states as follows:
Over time, according to some estimates, the number of subsidized
housing units available to poor families [nationwide] could fall by 1.5 million. In
the State Street Corridor [in Chicago], where 800 units are in the process of
being demolished, only about 250 replacements are planned. Even if they do get
built, half of the new units will likely be reserved for working-poor families
earning up to $ 40,000 a year.
Jonathan Eig, House Hunting, New Republic, Dec. 1, 1997, at 17, 18. The
article continues as follows, in explaining why vouchers will not remedy the
Those facing displacement will get Section 8 certificates, relocation to other
high-rises, and rent vouchers for use in private apartments. But the vouchers
and certificates won't help unless they are offered in abundant supply and
landlords don't discriminate against families, particularly large families or
families headed by teen mothers from the infamous Robert Taylor Homes. So far,
that hasn't happened, and the Coalition to Protect Public
Housing estimates that about 30 percent of the families issued vouchers cannot find
"under the $ 300 million Olympic Legacy program, the Atlanta
Housing Authority (AHA) will redevelop or renovate nearly all of its 42 communities
[including Techwood/Clark Howell], many of which are located on prime Atlanta
real estate ... . The Olympic Legacy redevelopment program will eliminate
roughly one-third of the authority's nearly 15,000 apartment units." Rick White, Reinventing Public
Housing: The Atlanta Experience, J. Hous.
& Community Dev., July/Aug. 1997, at 18, available at
1997 WL 28754727. Rick White is an AHA official. Atlanta officials have acknowledged without
apology the cost of the Centennial Place redevelopment in lost units:
[AHA Executive Director Renee] Glover admits that the new developments will
accommodate fewer than the approximately 30,000 current residents. AHA
officials point to greater access to Section 8
housing, the federal subsidy program that places low-income residents in privately
housing, as a partial solution to the
n138. In justification of the net loss of public-housing units, Ms. Glover has stated that
housing is not a right." Holsendolph, supra note 61, at R2; see also Wilen
& Stasell, supra note 9, at 120 (asserting that
"the reason for [the] huge [current] shortfall in affordable
housing units for the poor [in Chicago] is that, unlike welfare, public and subsidized
housing has never been considered an
"entitlement'"); cf. Cheryl P. Derricotte, Poverty and Property in the United States: A
Primer on the Economic Impact of
Housing Discrimination and the Importance of a U.S. Right to
40 How. L.J. 689, 690 (1997) (focusing on the 1965 U.N. International Convention on the Elimination of All
Forms of Racial Discrimination and arguing for the creation of a right to
housing in the United States via constitutional amendment). The argument Ms.
Derricotte makes is not a new one. See Palmer, supra note 107, at 95-96
(quoting Major Harry Barnes, former president of the Royal Institute of British
Architects, as saying,
"The reason we must make decent
housing mandatory ... is because that's the only way poor people can get it").
n139. Techwood/Clark Howell started and ended with displacement of a preexisting
community. In the 1930s, eliminating the Techwood Flats slum to build the
Techwood/Clark Howell public-housing community required the relocation of many residents. Larry Keating
& Carol A. Flores, Sixty and Out: Techwood Homes Transformed by Enemies and
Friends, 26 J. Urb. Hist. 275, 277-83 (2000) (providing a comprehensive history
of the Techwood Neighborhood, drawing parallels between the 1930s and 1990s
redevelopment efforts and noting the racial dynamics that drove both).
n140. Techwood Flats was an integrated community, but Techwood/Clark Howell was
all-white. Id. at 277; Solomon, supra note 9, at 293 ("Race was a factor from the beginning in planning New Haven's low-income
housing."). For a comprehensive history and study of the people and structures making up
the Techwood neighborhood at that time, see generally 1 Works Progress Admin.
of Ga., Techwood Neighborhood: Report (1939) (on file with the Charles F.
Palmer Collection, Emory Univ. Robert W. Woodruff Lib. Spec. Collections).
Along the same lines, Dixwell was primarily African American, but Elm Haven was
integrated. U.S. Dep't of Hous.
& Urban Dev., supra note 56, at 11 (describing the then-"recently rechristened
"University Park Dixwell,' the area ... emerging as a community that will
demonstrate that a former ghetto can attract white families through the process
of physical and social renewal").
n141. Hous. Auth. of the City of Atlanta, supra note 116, at 6 (indicating that
those ineligible for the redeveloped Techwood/Clark Howell Community were
"helped to relocate elsewhere"). Predemolition, 95% of the population of Techwood was African American and 5%
"other," including Caucasian. Abt Assoc., Inc., supra note 3, at 3-11. There was no
Hispanic population. Id. Clark Howell, similarly, was 98% African American, 2%
other, and had no Hispanic residents. Id. Ninety-five percent of the population
of Elm Haven was African American, 4% was Hispanic, and 1% was other. Id.
Today, Centennial Place is integrated. Atlanta Hous. Auth., supra note 116.
Putting aside arguments many have made regarding the importance of integration,
this process required the displacement of a number of African-American families
from their homes. See supra note 9 and accompanying text.
"[Dislocated residents may] apply for public
housing somewhere else. A good family will often move in with relatives. With a
dysfunctional family, the eviction is often the precipitating factor in the
family's reorganization. [With good fortune, t]heir problems are transferred to
institutions that can handle them." Gaby Brainard, Home, Tough Home, New Haven Advoc., Aug. 5, 1999, at 10
(quoting BCJ President Howard Cohen).
n143. Jason Cherkis, Razing Atlanta, Village Voice, July 9, 1996, at 20, 26. The
article cites one resident, interviewed in a soup kitchen, as reporting that
"he was promised a spot in another project, but the AHA eventually told him
there wasn't room and he would have to wait." Id. Cohen acknowledges, however, that the positive picture
housing authorities often paint of relocation may not be descriptive of all tenants
who fail to qualify for the redeveloped property:
"I imagine there have been cases that end up on the street," he said,
"though I don't know of any." Cohen, Lecture, supra note 119.
n144. Polikoff, supra note 9, at 18-19. Polikoff recommends seeing how the
dislocated group receiving Section 8 vouchers and certificates fares before
attempting a Gautreaux-like program on a national scale.
n145. See supra note 112 and accompanying text.
n146. See U.S. Dep't of Hous.
& Urban Dev., Relocation and Expanding Opportunities for Public
Housing Residents: Draft Recommendations on Relocation Guidance for the HOPE VI
Program 3 (2000).
n148. U.S. Dep't of Hous.
& Urban Dev., supra note 3, at 16.
n149. U.S. Dep't of Hous.
& Urban Dev., supra note 146, at 13.
n150. Both Atlanta and New Haven have developed relocation plans. A 1998 General
Accounting Office report to Congress pronounced the AHA's relocation program a
Careful efforts to relocate all public
housing residents through a choice-based relocation program have forestalled
residents' opposition to the redevelopment of Techwood. The Atlanta
Housing Authority has just received an award from the National Association of
Housing Redevelopment Organizations for its relocation program. The relocation staff
usually meet several times with the families affected by the relocation plan -
first in a large group, then with a few (e.g., five) families, and finally with
just one family. Two-thirds of the former Techwood residents chose Section 8
certificates, and 95 percent of these families found apartments.
U.S. Gen. Accounting Office, HOPE VI: Progress and Problems in Revitalizing
Housing app. II, at 35 (1998). The AHA materials are consistent with this account,
indicating that relocated tenants were to be provided the following:
(1) Group and individual counseling
(2) Transportation to search for
(3) Payments for rental applications and security deposits (4) Payments for
utility deposits, telephone and cable transfer fees
(5) Payment for moving expenses
(6) Arranged time with AHA Specialist
Materials assembled by Faust, supra note 54. The specifics of the plan are as
HUD will pay temporary relocation costs for residents whose apartments are
being demolished. Relocated residents in good standing will be given the first
opportunity to move back to the newly constructed units at the site, or will be
given rental assistance vouchers that will subsidize their rents in privately
owned apartments if they choose not to return to public
In addition, relocated residents receiving rental assistance vouchers will be
given the same job training and other services that will be offered to people
living in the replacement public
housing, to help them get jobs and become self-sufficient.
Cuomo Announces $ 35
Million HOPE VI Grant to Atlanta to Transform Public Housing and Help Residents, U.S. Newswire, Aug. 24, 1999, at 1999 WL 22281729.
The AHA refers to its program as
"Choice-Based Relocation." The AHA materials provided to former Techwood/Clark Howell residents state as
Once redevelopment is completed, you will have the opportunity to return to
the new, mixed-income community ... .
The choice is yours!! That is why the [AHA] has adopted, in consultation with
residents of your current community, the
"Choice-Based' Relocation Process. If you decide not to return, you may keep
your Section 8 Voucher or apartment in another [AHA] community.
Materials assembled by Faust, supra note 54. This statement is misleading
because most residents of Techwood/Clark Howell were not offered the
opportunity to return to the redeveloped complex, due to the reduced number of
units and greater qualification requirements.
n151. Atlanta is attempting to ease the sting of relocation for the many former
residents of Techwood/Clark Howell who have not been able to return to
Centennial Place by offering off-site mixed-income replacement
housing at a development called Summerdale Commons. Hollis R. Towns, $ 9.4 Million
Project Boon for Southside, Atlanta J. Const., Nov. 25, 1997, at B2. Although
not as upscale as Centennial Place, Summerdale Commons offers attractive New
Urbanist architecture and amenities like wall-to-wall carpeting and
dishwashers. Id. Like Centennial Place, the Summerdale Commons development has
entered into what the AHA calls
"strategic partnerships" with a number of entities it hopes to interest in improving the lives of its
residents. Atlanta Hous. Auth., Panorama, Winter 1999, at 4. The complex's
strategic partners include the City of Atlanta, Fulton County, the State of
Georgia, HUD, the Atlanta Public Schools, and Fannie Mae. Id. Summerdale
Commons is the first mixed-income, off-site replacement
housing in the country. Materials assembled by Faust, supra note 54; Towns, supra, at
B2. Like Centennial Place, the development is privately managed. Materials
assembled by Faust, supra note 54.
n152. In Atlanta, only about 170 of the more than 500 displaced families in Atlanta
received relocation aid. Cherkis, supra note 143, at 26.
n153. Cf. id.
n154. Id. at 24 (quoting Larry Keating, Professor of City Planning at the Georgia
Institute of Technology). The article states that one resident reported that a
Housing Authority official told residents that
"if they didn't approve the plan police protection and trash pickup would stop
altogether." Id. at 23.
n155. The Atlanta Journal-Constitution reported as follows:
Former tenants of Techwood-Clark Howell charge the agency is systematically
weeding out any but the least needy of former residents who want to return to
Centennial Place, violating an agreement to let most come back.
In 1994, when it was planning the redevelopment, the AHA offered tenant groups
a document called the
"Further Assurances Agreement" promising residents they could return so long as they left in good standing
and remained so, that is, they paid their rent and respected the authority's
rules ... .
But AHA later added stringent new requirements for residents who would return
to Centennial Place: They had to have jobs and pass rigorous background,
criminal and credit checks, and allow inspections of their interim homes. Many
Hollis R. Towns, Drawing the Line at the Poorest of the Poor, Atlanta J.
Const., Feb. 15, 1998, at G5. Others say that
"even the process set up for selecting new residents for Centennial Place works
against Techwood veterans who might have passed the background checks." Id. This article is misleading, as Centennial Place requires that residents be
enrolled in job-training programs, not that they actually have jobs upon their
arrival at the complex.
The AHA defends its relocation plan.
""There was not an attempt to mislead the residents,' said Doug Faust [who was at
that time the AHA's relocation specialist] ... . The original document was not
intended to capture
"every detail' of the relocation process and specifics were ironed out later." Id.
n156. The Quality
Housing and Work Responsibility Act of 1998, Pub. L. No. 105-276, 112 Stat. 2461,
n158. A newspaper article on the Atlanta redevelopment states as follows:
In August 1996, 693 former Techwood residents were mailed letters asking them
to choose to remain in Section 8 or to return to Centennial Place.
More than half the residents never responded to the mailed notices, so AHA
assumed they were happy where they were and made their temporary
housing status permanent, Faust said. There was no follow-up.
But some residents say they never got the notices, so they didn't apply for
readmission to Centennial Place.
Towns, supra note 155, at G5.
n159. Some have said of Atlanta's HOPE VI redevelopment project generally that
"the new environment may enrich the lives of the low income people who live
there[, but t]he social costs of HOPE VI for the former residents of Techwood
are enormous." Abt Assoc., Inc., supra note 3, at 7-5.
"Empowerment of existing residents is one goal of the HOPE VI program; [but] the
opportunity to empower most of the former residents of Techwood Homes was lost" when they left Techwood/Clark Howell and the AHA lost track of them. Id. at
n160. The Audit Report of HUD's Inspector General includes the following statement:
HOPE VI does not always address the needs of residents for which the site was
originally funded. Most distressed residents of HOPE VI developments do not
choose to live at the renovated sites, and do not receive HOPE VI funded
community and supportive services. HUD needs to re-evaluate the feasibility of
its policy regarding providing community and supportive services to the
U.S. Dep't of Hous.
& Urb. Dev., Office of Inspector General Audit Report, Audit Case No.
99-FW-101-0001, at iii-iv (1998) [hereinafter Audit Report]. This statement
reflects a concern that United States public-housing authorities often focus on units, rather than on people. The units may no
longer be distressed, but what about the people who formerly lived there? See
U.S. Dep't of Hous.
& Urb. Dev., supra note 97, at 4 (requiring that public-housing authorities make supportive services available to all residents, regardless of
whether they are returning to the redeveloped community). Along the same lines,
the audit report states as follows:
HUD does not require grantees to ensure that the original residents receive
any type of community and supportive services. In addition, authorities that do
link residents to service providers are under no obligation to track these
residents' progress and status. It would seem unlikely that residents who do
not wish to return to the revitalized site due to mandatory participation in
community and supportive services will voluntarily remain linked to service
U.S. Dep't of Hous.
& Urb. Dev., supra, at 17-18.
n161. Cf. infra note 205 and accompanying text.
n162. The HANH, like the AHA, has provided relocation counseling to persons
displaced from Elm Haven during the redevelopment process. Solomon, Lecture,
supra note 119. It has been difficult, however, for these tenants to rent in
the suburbs because landlords there often require two months' rent, more than
the public-housing residents participating in the voucher program are able to pay. Id. Landlords
in the city of New Haven, on the other hand, like Section 8 tenants because
they often pay more, and more regularly, than other low-income tenants. Id. See
generally Robert C. Ellickson
& Vicki L. Been, Land Use Controls 1065 (2000) (noting that
"federal law never has compelled a landlord to accept a Section 8 tenant," but further noting one state statute that does so require). Although most of
the former Elm Haven residents remained in the city of New Haven, they are
scattered across a variety of communities. Solomon, Lecture, supra note 119;
Materials assembled by Miller, supra note 55.
n163. Cohen, Lecture, supra note 119. Elm Haven residents generally have been
supportive of, and involved in, the redevelopment project, perhaps because of
the relatively large number of public-housing units in the new development and the early role of tenant leader Ola Mae
Riddick in securing the HOPE VI grant. Id.
n164. For example, the Baltimore Sun reported as follows:
housing officials encouraged resident participation [in the HOPE VI application
process], but only heard stories of how urban renewal almost destroyed a
community where free Africans lived in the 1600s and black-owned businesses
thrived in the 1950s. Residents said
"urban removal" forced black families out when their homes weren't rebuilt, destroying the
customer base for such black-owned businesses as Alsop's Restaurant, Susie's
Tea Room and Jeanette's Beauty Shop.
Dang, supra note 3, at B1. The article quotes a thirty-nine-year-old public-housing resident who has heard these reports, and whose great-grandmother also lived
housing, as saying,
"They have taken enough from black people ... . Just let us keep the little that
we got." Id. Note the lack of trust and use of the pronoun
"they." The problem here is the lack of inclusion of the urban poor in decision
"It is not surprising then that residents believe the
Housing Authority and the City of Annapolis are trying to take the rest of the
valuable waterfront property where the
housing projects lie on the edges of the Historic District." Id.
Similar dynamics have been reported in San Francisco, where plans for HOPE VI
redevelopment of Bernal Dwellings
"were interrupted ... when two drug dealers played upon management mistrust,
took over the tenant council and announced plans to prevent demolition of the
property." Id. Along the same lines, residents of Chicago's Cabrini-Green
"accused the city of trying to take back valuable property" under the guise of redevelopment. Id.
"Urban Sociologist Dreier says much of the rejection also can be blamed on the
fear of being homeless - in some cases, losing homes that have been passed down
from generation to generation." Id.
n166. Suzanne Miller of the HANH calls this the problem of the
"invisible poor." Interview with Suzanne Miller, the
Housing Authority of the City of New Haven HOPE VI Coordinator, in New Haven, Ct.
(Mar. 21, 2000). In the interview, Ms. Miller mentioned her recent tour of
Centennial Place, during which the manager apparently announced to the group,
with great pride, that many people
"don't realize there are any public-housing residents living here, at all." Id. Along the same lines, soon after the Centennial Place complex opened, talk
began of moving the adjacent Atlanta Union Mission's downtown shelter for
homeless men to another location and allowing women and children currently
served by the second location to come to the downtown center instead. S.A.
Reid, Homeless Rumors Spur Anger, Atlanta J. Const., Nov. 15, 1997, at J4. A
reader responded as follows to an earlier article regarding the same situation,
in a letter to the editor:
The two articles about Centennial Place apartments in today's paper were
revealing. They say that the very sight of homeless men is offensive to the
upscale residents of Centennial Place (although the sight of homeless women and
children would be acceptable). Yet, the Union Mission shelter was there a long
time before the development - the developers knew who their neighbors would be
... Something stinks, and it's not the homeless.
David Marcus, Readers' Letters, Developers and the Homeless, Atlanta J.
Const., Nov. 13, 1997, at JR7. The decision was explained by one reporter as
"AHA officials and others involved in the area's revitalization think having
homeless women and children at the Mission's Techwood site would fit better
with the new Centennial Place apartments the agency is co-developing just up
the street and the nearby day-care center." Reid, supra, at J4. The article went on to explain that the decision was
predicated upon the assumption that the complex's tenants would be less
uncomfortable with homeless women and children in the neighborhood than with
homeless men. Id.
n167. The impression that Centennial Place is geared more toward the needs and
desires of its market rate tenants than its low-income residents may be
supported by early statistics. Although the management company had no
difficulty finding tenants for the market rate units, at the end of October
1997, fewer than half the spaces reserved for public-housing residents had been filled. Hollis R. Towns, Mixed-Income Community Tilts
Toward Upscale, Atlanta J. Const., Oct. 24, 1997, at D2. Susan Eubank, the area
supervisor for Village Management, the company that manages Centennial Place,
makes explicit what these figures imply:
"The development was not designed to be a
housing project, she says, but an upscale community that accepts some low-income
Along the same lines, Suzanne Miller, upon visiting Centennial Place during a
housing-authority conference in Atlanta, noticed that the development's entry was not
built in a pedestrian friendly manner. Interview with Miller, supra note 166.
Miller noted that the layout was perhaps even dangerous for pedestrians, who
would be standing in the middle of the driveway attempting to gain access to
the development. Id. Rather, the entry gate, which included a drive-up security
system, was built for the convenience of motorists. Id. The motorists, she
commented, were most likely to be the community's market rate tenants, while
the former public-housing tenants were much more likely to be pedestrians or users of public
transportation. Id. In addition, Miller found it interesting that the
development was gated at all, posing the question of whether residents were
being gated in or nonresidents were being gated out. Id.
To mitigate the problem of isolating the indigenous low-income community
gentrification, one scholar proposes that, when an urban area is in the early stages of
gentrification, local government identify this phenomenon and act immediately to secure a
place for affordable
housing to make it possible for low-income residents to ride up with the boom. Gary
Orfield, Exit and Redevelopment, Boston Rev., Summer 2000, at 15, 15
(responding to Fiss, supra note 9, at 4).
n168. Beacon Corcoran Jennison's President Howard Cohen described this phenomenon as
resulting from what he called a historic,
"psychotic" relationship between tenants and the
housing authority. Cohen, Lecture, supra note 119.
n169. Id. In other words, according to Cohen, some residents believe that their
continued residency requires a lack of lease enforcement. Id.
n170. In Elm Haven, Cohen indicated, there was a great deal of skepticism that the
promised redevelopment would ever take place. Id. Cohen noted that many of the
pre-HOPE VI projects like America Park were driven by the residents, and thus
they did not wish to leave. He described HOPE VI, on the other hand, as having
been imposed from above. Id.
n172. Id. Cohen described these residents as
"feeling they could not survive in the private market and doubting that Elm
Haven would ever change." Id. Now, Cohen indicated, the promised changes are taking place (like the
promised change to private management), and residents are frightened and
n173. Id. Richard Ford worries that the Fiss plan will have similar problems because
only the relatively strong will succeed, leaving behind a super-underclass.
Richard Ford, Down by Law, Boston Rev., Summer 2000, at 11, 11 (responding to
Fiss, supra note 9, at 4).
""They're homes like anybody else's home,' said Regina Latimore, who has lived
for eight years with her two children in the Kretchmer Homes [in Newark]." Anthony DePalma, Newark Suit Would Keep High-Rises, N.Y. Times, Mar. 30, 1989,
at B1. A tenant in the infamous Robert Taylor Homes agreed:
Francine Washington wants to keep her home. Strange as it sounds, she's built
her identity around these big, ugly buildings. Here, she and her neighbors feel
the pride of survivorship; they have a hard time imagining living elsewhere ...
"It's just like a mother who drinks and does drugs," Washington says.
"That baby's still gonna cry when you take it away from its mother. It's the
same with these buildings. I love these buildings."
Eig, supra note 137, at 18. The reporter opines that
"therefore, it's up to [the Chicago
Housing Authority] CHA -
"the landlord' - to fill in the blanks in their imagination; to show them it
really can offer a credible alternative to the Robert Taylor Homes, awful as
that project is." Id.
n175. The massive relocation project in West Dallas has generated such concerns.
"Asked if black leaders were fearful that destruction of the units would dilute
their political power in the city, [one Dallas tenant advocate] said,
"Yes, I surely do - there's no question about it.'" John Herbers, Breakup of
Housing for Poor Is Backed in Integration Move, N.Y. Times, Apr. 28, 1987, at A1. A
second tenant advocate also raised lost-unit costs as an issue, noting that
"the 2,600 units to be destroyed represent a third of all public
housing in Dallas," and asking,
"Is this large-scale demolition necessary to stop racial discrimination within
Housing Authority?" Id. A similar message is being heard in Atlanta. An article subtitled
"Changes on the blocks undermine traditional bloc voting" describes the Olympic Legacy Redevelopment Program as
"reaching deep into the power base of the public
housing voting base." Hollis R. Towns, Makeover for Public
Housing, Atlanta J. Const., Oct. 11, 1997, at C4. J. Phillip Thompson would agree with
the dilution problem. J. Phillip Thompson, Beyond Moralizing, Boston Rev.,
Summer 2000, at 11, 13 (asserting that Gautreaux-like programs
"would do deep damage to black political efficacy").
n176. Robert Solomon describes the Section 8 map in New Haven as
"the same as the public-housing map." Solomon, Lecture, supra note 119.
n177. Samuel Mockbee recently passed away after a long battle with leukemia.
Catherine Fox, An Appreciation: Sam Mockbee - Architect Embodied Heart, Soul of
South, Atlanta J. Const., Jan. 5, 2002, at C1.
n178. Mockbee Coker: Thought and Process 82-83, 96-101 (Lori Ryker ed., 1995).
n180. Id. at 99 (denouncing the profession's
"chosen ignorance of what is meant by being a responsible architect and citizen").
n181. Abt Assoc., Inc., supra note 3, at vi.
n183. Cf. Willats, supra note 46, at 83. The German and English tenants Willats
interviewed described a lax attitude toward lease enforcement. One young man
stated, in noting both the lack of promise enforcement and the apathy it
"We owe quite a lot of rent but that's no problem,
"cos if you get notice of arrears you just pay it, they don't really care, I
mean even if you just pay it once every six months, so long as they get it
they're not bothered really, so I really don't care." Id.; see infra notes 184, 188 and accompanying text.
housing authorities of both Atlanta and New Haven have had significant maintenance
problems in the past. Douglas Rae's pre-HOPE VI baseline study of Elm Haven
cites dissatisfaction with maintenance as by far the most common complaint of
Elm Haven residents. Douglas W. Rae, Elm Haven's HOPE VI Baseline Study 32
(1995). The tenants Willats interviewed expressed difficulty with maintenance
issues, as well. One middle-aged married man stated,
"If it's a broken window or any plumbing you want done, if you send a card in,
which is on the back of your rent book, it normally takes about three weeks,
but it does get done." Willats, supra note 46, at 103. His wife added,
"But of course, like damp walls that's a different kettle of fish. I mean we've
gone to the law centre now [in attempting to have the damp walls repaired]." Id. They are by no means, however, alone in this problem. In Newark, for
"audits by the Department of
Housing and Urban Development cited mismanagement, rent delinquency and inadequate
screening of prospective tenants. At times, more than 40 percent of the
authority's 13,045 apartments were unoccupied." DePalma, supra note 174, at B1.
n185. Robert C. Ellickson, New Institutions for Old Neighborhoods,
48 Duke L.J. 75, 78 (1998) (citing James Q. Wilson and George L. Kelling's
""Broken Windows' theory of crime" for the proposition that
"physical disorder signals social breakdown"). The management of New Haven's Ninth Square has taken this lesson to heart.
Paul Brophy and Rhonda Smith stated as follows:
Management consistently has demanded a timely response from local police to
any calls in the neighborhood. It also has relentlessly removed graffiti from
the property, as well as from nearby buildings. Management has obtained
permission from adjacent building owners to clean their properties if
necessary. This attention to detail has been critical in maintaining the
development's curb appeal, particularly when the commercial space is partially
& Smith, supra note 109, at 20.
n186. Ellickson, supra note 185, at 78-79.
n187. Id. Ellickson proposes, in response, the creation of what he calls Block
Improvement Districts, analogous to the Residential Community Associations
found in many suburban communities, to assist in providing block-level public
goods. Id. at 77-81.
n188. In Atlanta, 15% of the public-housing units were vacant in 1993, and the AHA, on average, required 159 days to
prepare a unit for a new occupant. Abt Assoc., Inc., supra note 3, at 1-19. New
Haven's figures for the same period are similar: 12.18% of the HANH's stock was
vacant in 1993 and the average turnaround time was 161 days. Id. At any given
time, an average of 12.84% of the AHA's rent roll and 8.37% of the rent roll
for the HANH was delinquent. Id.
n189. AHA Executive Director Renee Glover has asserted that she believes lease
enforcement is of central importance to the tenants, as well as to the
housing authority. Maria Saporta, The Atlanta
Housing Authority Job Not an Easy One, and Glover Chose to Do It, Atlanta J. Const.,
Feb. 18, 1998, at C3. She stated:
In visits to public
housing communities, tenants kept telling her the same thing. There was no consistent
enforcement of lease violations ... . Easily 80 percent of our [Atlanta public-housing] families wanted to live in decent communities where the leases were enforced
and where people weren't engaging in criminal activities. It was like a mantra.
Id. (quotations omitted). Glover insists that lease enforcement is not
"forcing out the poorest of the poor," stating:
You can either approach the issues based on a strong belief in the potential
of people, thinking their natural inclination will be to rise to the occasion
... . Or you can run a program in a fairly patronizing way, believing this
group can never do better. Then it becomes a self-fulfilling prophecy.
n190. Brainard, supra note 142, at 10.
"A preliminary copy of the Monterey Place lease goes one step further, saying
tenants can be held responsible for their guests even if they're not aware that
the activity is happening ... ." Id.
n191. Even before Monterey Place was ready for new residents to move in,
private-management company Beacon Corcoran Jennison had taken over the
management of Elm Haven and was beginning to require strict adherence to lease
obligations. Id. Some complained.
"Tenants sa[id Beacon Corcoran Jennison was] cracking down on bad housekeeping,
requiring them to bring their apartments up to stringent standards even if
there's no health or safety threat. Many ... received pre-eviction notices for
"cluttered' apartments." Id. Beacon Corcoran Jennison defended its tough new standards by stating:
The absence of rule enforcement [under the
Housing Authority] made Elm Haven a dangerous place to live ... . If we don't enforce
the rules, we'll spend a lot of money on the physical structures and create the
same thing we had before. We want people to say they're proud to live in Elm
Id. (alteration in original). Beacon Corcoran Jennison President Howard Cohen
"denies that BCJ staff make aesthetic decisions about tenants' apartments." Id. He stated:
"We have three standards for housekeeping: safety, health and preservation of
the [property]. Are there piles of boxes that might block a fire exit or become
a breeding ground for rodents? Have the doors been pulled off the cabinets?
These are the things we look for."
Id. (alteration in original).
n192. At the low-rise Kenilworth-Parkside complex in New Jersey,
"the tenant managers have taken tough action against delinquent rent-payers -
rent collections are up nearly 80 percent - and actually imposed fines on those
considered indifferent about upkeep." Kenneth B. Noble, What If Tenants in the Projects Owned the Place?, N.Y.
Times, July 12, 1987, at E5. Harbor Point in Boston similarly attributes much
of its success to strong lease enforcement:
Nearly all the low-income units are now occupied, but 26 families who lived in
Columbia Point before the arrival of the private developers have since left,
many evicted for drug dealing, nonpayment of rent or vandalism.
"There was a bad element and there still is," said Joe Corcoran, who heads the development firm.
"We have rooted out 25 families that were really bad but there are five more to
Boston War Zone Becomes Public
Housing Dream, N.Y. Times, Nov. 23, 1991, at B7 [hereinafter Boston War Zone]. A
"People have to pay their rent on time, take care of their children and respect
other people's rights. Those rules are true at any
housing project, but we enforce them." Id.
Lease enforcement and tenant responsibility, of course, are not new concepts in
housing. In the 1930s, tenants of Techwood/Clark Howell were responsible for
maintaining their front and backyards as well as the interior of the apartment.
Hous. Auth. of the City of Atlanta, supra note 56, at 23-24. If the tenant
defaulted on his or her responsibility and the landlord was forced to perform
the necessary maintenance, the tenant was charged for the services rendered.
n193. Atlanta has such a requirement. Editorial, Raising the Bar Lifts Public
Housing, Atlanta J. Const., Feb. 16, 1998, at A10 [hereinafter Raising the Bar]. To
assist residents in obtaining employment, Atlanta has implemented a program
called the Work Force Enterprise Program (WFEP). Atlanta Hous. Auth., Welfare
Reform: AHA Teams with Atlanta Businesses, Panorama, Spring 2000, at 2.
"The WFEP is a comprehensive work preparation program providing all interested
AHA clients with the counseling, motivation and education services they need to
prepare for employment." Id. In addition, Atlanta has planned an
""enterprise center' where residents can participate in a wide range of services
including assessments for job readiness, job skills training, entrepreneurial
training, employment placement, and small business loans." Abt Assoc., Inc., supra note 3, at 5-33.
Monterey Place residents, in contrast, are not required to have jobs or to
participate in job training. Interview with Dean Stephen Yandle, Member of the
Board of Directors,
Housing Authority of the City of New Haven, at Yale Law School (Mar. 7, 2000). In
addition, although residents are encouraged to complete an assessment tool
called an Individual Development Plan (IDP), they are required neither to
prepare such a plan nor to make progress on the plan, if completed. However,
some representatives of the
Housing Authority of the City of New Haven believe requiring at least the completion
of an IDP might be useful. Interview with Miller, supra note 166.
Employment was low among the tenants Willats interviewed, as well, although not
as low as in public
housing in the United States. (One tenant described employment as
"very, very, very low," about 16%.) One problem the same tenant described was that residents often
were not willing to work for the low wages that were offered. She stated,
"When I spoke to the kids in [the local school] they told me they was offered a
job for ... 17.50 [pounds per week, and], they would tell people to
"Stick it up your arse.'" Willats, supra note 46, at 106.
n194. Due to recent federal welfare reform, Executive Director Renee Glover believes
"the AHA needs to help families become economically independent, so preferences
are given to working families." Saporta, supra note 189, at C3. Some have praised her efforts:
"There is a caveat for living in this public
housing paradise," one editorial enthused. Raising the Bar, supra note 193, at A10.
"The poor - and the unpoor - must be employed." Id. The article goes on to note:
[Prospective tenants] have to submit to rigorous background and credit checks.
Former residents of Techwood Homes who were displaced by construction must
submit to inspection of their interim
Not many former residents have met the stringent tests for readmittance - but
AHA officials rightly offer no apologies.
"We want to erase the stigma of public
housing, and that means we have to raise the bar," Glover [is quoted as saying].
n195. See supra note 160 and accompanying text.
n196. See infra note 200 and accompanying text.
n197. Solomon, Lecture, supra note 119. In addition, community and supportive
services are important in conjunction with the relocation issues HOPE VI
raises, particularly with regard to Section 8 vouchers. James E. Rosenbaum,
Relocation Works, Boston Rev., Summer 2000, at 16, 16 (responding to Fiss,
supra note 9, at 8, noting that
"some families may not be prepared to benefit" from Gautreaux-like programs, and proposing instruction specifically tailored
to helping residents holding Section 8 vouchers develop life skills). Note,
however, the different approach of New Haven's Ninth Square development.
"Since management does not feel responsible for tackling each tenant's personal
challenges, social services are not provided." Brophy
& Smith, supra note 109, at 20. This model is consistent with the 1930s view of
housing. Id. Brophy and Smith note, however, that
"where the goal of mixed-income
housing is upward mobility of the low-income residents, more than income-mixing and
good management is needed." Id. at 25.
"As this study shows, helping lower income residents achieve the goal of upward
mobility may depend less on the income mix of a project than on opportunities
to increase skills needed to find and keep a job." Id.
n198. Audit Report, supra note 160, at 21. The Notice of Funding Available (NOFA)
required that residents be included in the HOPE VI application process. The
NOFA, however, gave
"negligible weight to sustainability of community and supportive services." Id.
n199. Abt Assocs., Inc., supra note 3, at 1-19.
n200. Consistent with New Haven's strong tradition of supportive services in
housing, the HANH has stressed the need for strong social services and increased
opportunities for sheltered care, to respond to the mass deinstitutionalization
of individuals with mental disabilities. Cohen, Lecture, supra note 119. Beacon
Corcoran Jennison controls 17,000 units and provides extensive social services,
so extensive that it has had a residential-services coordinator in every
development since 1985. Id.
"HANH has a group of resident specialists who conduct home visits with every
household and provide referrals, crisis intervention, counseling, and case
management." Id. A Beacon Corcoran Jennison representative has stated that success is
achieved through offering residential services, not by evicting fragile people.
Id. In addition to the wide array of services that had been offered at Elm
Haven, Monterey Place priorities include
"youth programming, the Wexler Family Services Center, a gospel singing program,
expanded child care, some small retail development on-site, and drug abuse and
crime prevention efforts." Abt Assoc., Inc., supra note 3, at 5-28.
In contrast to the HANH, the AHA has historically had
"a small array of programs to support special projects or events." Id. at 2-16. Plans for supportive services at Centennial Place include
continuation of Families in Action (a substance-abuse prevention program) and
two tutoring and mentoring programs involving Georgia Institute of Technology
student volunteers, the Techwood Tutorial Program (TTP) and Partners in
Education (P.I.E.) Id. at 5-26. Other proposed supportive services include
Computer Learning Centers, a Neighborhood Block Watch Program, training for
parents who wish to become teacher's aides and tutors, an after-school youth
development and support program, and a day care center. Id.
"All programs have been endorsed by the Resident Task Force." Id. In addition, Centennial Place has a large number of strategic partners,
including the City of Atlanta, Fulton County, the State of Georgia, Georgia
Institute of Technology, Sheltering Arms, YMCA, HUD, and Atlanta Public
Schools. Atlanta Hous. Auth., supra note 193, at 1, 3. In addition are
"Atlanta Self-Sufficiency Action Program (ASAP) Centers. The ASAP Centers act as
a clearing house for the welfare to work educational programs and other job
finding resources available throughout the greater Atlanta area." Id.
n201. Interview with Miller, supra note 166. For youth services, the HANH has
identified the city parks and recreation agency as its partner. Id. In the
past, some of the groups central to the Dixwell community have been Leadership,
Education, and Athletics in Partnership (LEAP), the Dixwell Community (or Q)
House, the Stetson Library, and the Wexler School. Id. Each of these is
expected to continue to be of importance to the redeveloped community.
n202. The Atlanta City School System, the Georgia Institute of Technology, and the
Coca-Cola Company, for example, each have invested significant resources into
making the new Centennial Place Elementary School into a showplace. Rochelle
Carter, Math, Science, Technology - and Test Scores - Are the Focus at
Centennial Place, Atlanta J. Const., Sept. 2, 1999, at JD6. The school offers a
curriculum focused on science and mathematics and tutoring by Georgia Tech
students and about seventy Coca-Cola Company employees through the Coca-Cola
Foundation, which also has contributed $ 50,000 in new books for the media
center. Id. Although Centennial Place Elementary is a magnet school, Centennial
Place children receive first priority for openings. Ismail Turay Jr.,
Centennial Place Shakes Past, Atlanta J. Const., July 1, 1999, at JD1.
The Wexler School will be a central part of the Campus of Learners envisioned
by the HANH. Dimond, supra note 53, at 50. The Wexler School, unlike Centennial
Place Elementary, is not a new school but is undergoing a $ 12-million
renovation project funded through New Haven's school-refurbishments program.
"Project backers expect the improved educational facilities to attract more
working class families to the community." Id. Wexler will not be a magnet school but, rather, will remain a normal K-8
elementary school. The new school will include, among other resources, three to
four computers per classroom and a new media center. Although the school
currently is undersubscribed, residents at a recent local hearing seemed
optimistic that the neighborhood would attract new residents when Monterey
Place is complete, several even wondering aloud whether the new 600-student
"would hold all those new people." Public Hearing on the Wexler School in New Haven, Ct. (Apr. 12, 2000).
Both New Urbanist developers and Hundertwasser would, in addition to focusing
on the educational opportunities to be provided by each school, examine the
schools' architecture. Both would agree that schools should not, in
Hundertwasser's words, look like chicken coops or penal institutions.
Hundertwasser, supra note 8, at 246. As the Principles for the New Urbanism
urges, children need not be educated in ugly, depressing school buildings. See
Cong. for the New Urbanism, Principles, supra note 41, at 17. Thus, perhaps
some of the architectural reforms taking place in public-housing developments should be reflected in the design of neighborhood schools, as
n203. Atlanta's leaders have tried to blur the line between low-income residents of
Centennial Place and the rest of the community by diversifying the school's
student body racially. This effort has enjoyed only limited success thus far.
Although the 600-student school had, as of September 1999, a twenty-five
student waiting list, the principal estimated, at that time, that all but
twenty-five current students are African American. Carter, supra note 202, at
JD6. A Caucasian mother who described herself as the only resident of a nearby
neighborhood who is sending her child to Centennial Place stated that she
"the school's current racial makeup is part of the reason many of her neighbors
have not sent their children to Centennial Place." Id. Two other factors may contribute to low Caucasian enrollment, as well:
First, a new private school has opened in the area. The New Century School is a
four-year-old school in downtown Atlanta with approximately 120 students in
kindergarten through eighth grade. Susan Harte, Intown Homes Skyrocketing,
Atlanta J. Const., Aug. 8, 1999, at A1. Annual tuition ranges between about $
5500 and about $ 6500. The school's Caucasian headmaster, who sends both of his
children to The New Century School, lives in Centennial Place. Id. The school
is likely to cater only to upper-income families because it charges tuition
that is more than the annual income of many low-income Centennial Place
residents. Id. Second, students have the opportunity, due to an oddity in the
drawing of local school districts, to attend the predominantly white E. Rivers
School in a wealthy Buckhead neighborhood instead of Centennial Place
Elementary. Ellen Lytle, Tech Connects with Centennial Place Neighbors,
Whistle, Oct. 5, 1998, at 1. It remains to be seen what percentage of market
rate tenants will choose to send their children to the private school or to E.
Rivers School rather than to Centennial Place Elementary, the neighborhood
n204. Michael E. Fishman et al., Success in the New Welfare Environment: An
Assessment of Approaches in HUD's Employment and Training Initiatives I-1, 9
n205. See id. at 9-12.
n206. See id. at I-1.
n207. In addition,
"more than 95% of the AHA customer/client households earn less than $ 15,000
annually." Atlanta Hous. Auth., Building Communities (n.d.).
"In the pre-TANF environment, policies to
"make work pay' such as the Earned Income Tax Credit (EITC) were discussed in
terms of making employment more attractive than welfare. Today, choosing
between welfare and work is not an option." Fishman et al., supra note 204, at 49. One scholar contemplates a new-era
Works Progress Administration (WPA) type of program to bring jobs where they
are most needed. William Julius Wilson, When Work Disappears: The World of the
New Urban Poor 226, 232 (1996) (describing such a program as
"comprehensive, less likely to carry a stigma [than other alternatives he
considers], and lending itself to a progressive public rhetoric of social reform"). Another scholar asserts that one advantage of Wilson's approach is that it
does not require a simultaneous acclimation to both employment and a new home.
Ford, supra note 173, at 11 (responding to Fiss, supra note 9, at 4 and stating
that traditional Gautreaux programs such as those advocated by Fiss
"demand that these socially isolated poor not only develop a work ethic and
mainstream social skills sufficient to win them jobs in the private sector of a
middle-class suburb, but also that they do so while simultaneously
acculturating themselves to a new social milieu"). Robert Solow's approach is somewhat different. He wants to ensure that each
citizen has an opportunity to engage in
"work that pays." Robert M. Solow, Work and Welfare viii, 5 (Amy Gutmann ed., 1998) ("My main point today is going to be that the total or partial replacement of
unearned welfare benefits by earned wages is the right solution to the problem
of accommodating those virtues [self-reliance and altruism] in the kind of
economy that we have."). His twin aims are (1) increased self-reliance and (2) a decreased need for
altruism toward the citizens who rely on welfare. Id. at 4. His aim is a system
of mutual dependency, which Solow describes as the natural state of a liberal
democracy, rather than complete dependency, as is the current welfare
environment. Id. at x. Solow would accomplish much of this through the Earned
Income Tax Credit system. Id. at 21. Orlando Patterson would agree with Solow
that the key is to make work pay, and he proposes a Gautreaux-style program to
move the workers nearer to the jobs. Orlando Patterson, The Ordeal of
Integration: Progress and Resentment in America's
"Racial" Crisis 184-85 (1997) Patterson writes as follows:
One major reason why the Afro-American poor who want to work cannot find
adequate jobs is that the better-paying manufacturing jobs are located in
suburban areas far from where they live.
While passive voucher programs have no effect on desegregation, the Gautreaux
program in metropolitan Chicago, which actively promotes the goal of
integration, shows without a doubt that this approach can work.
Id. See generally Fiss, supra note 9, at 8 for his advocacy of Gautreaux-style
n209. Abt Assoc., Inc., supra note 3, at i.
n210. Id. at 1-9. For instance,
originally, HUD required cities to provide a match of ... supportive services
in cash or in-kind services (community services were not considered). This
often resulted in a relatively small dollar amount and did not take into
consideration city contributions unrelated to supportive services. For example,
the City of Milwaukee could not count the fair market value of the lots they
provided as part of their match.
Audit Report, supra note 160, at 28.
"HUD eliminated the requirement for a match after Fiscal Year 1995. HUD
officials said that they no longer saw the need for it, and that some of the
cities cannot afford the match." Id. The report recommended that this requirement be reinstituted. Id. at 30.
n211. Atlanta received a $ 42.5 million grant to redevelop Techwood/Clark Howell and
planned to spend about $ 1.5 million on supportive services. Audit Report,
supra note 160, at 77. Atlanta was therefore required to provide matching funds
of only $ 201,662. Id. at 28.
n212. See supra note 199 and accompanying text.
n213. See Audit Report, supra note 160, at iii-iv.
n214. Id. at iv. Discontinuation of funding is likely to create more of a crisis in
supportive services in Atlanta than in New Haven due to New Haven's strong
tradition of supportive services. See supra note 200 and accompanying text.
n215. Cohen believes Monterey Place will present such challenges, like how to
identify appropriate social services to assist a tenant who sets her house on
fire. Cohen, Lecture, supra note 119. Cohen does not want to evict such
residents but is concerned with how properly to provide services for them short
of placement in (largely unavailable) sheltered
n216. Abt Assoc. Inc., supra note 3, at 5-29. Community service has a long history
in United States public
housing. In the original Techwood development, residents pooled resources to purchase
war bonds and also engaged in other volunteer activities. Hous. Auth. of the
City of Atlanta, supra note 56, at 12.
n217. Abt Assoc., Inc., supra note 3, at 5-32 (discussing HUD's rationale for the
community service requirement). Atlanta is following a
"CNCS [Corporation for National and Community Service]-affiliated corps model" targeting seniors and young adults. Id.
"The objectives of these programs are to provide education and training to
residents aged 18 to 22 to engage in projects to support the HOPE VI
revitalization, and encourage healthy senior residents to volunteer to be
either companions to frail seniors or companions to children through a Foster
Grandparents Program." Id. New Haven is using a Community Assistance Program (CAP) model. Id. at
"The objective of th[e New Haven] program is to identify and train residents who
"natural helpers' to become peer counselors to other residents in need of
volunteer peer assistance." Id.
n218. Senator Sam Brownback asserts that
with its origins in the Depression, project-based public
housing was developed both for its direct job-creating potential and to meet the
housing needs of the eligible poor. It is this dual purpose that explains why
project-based assistance, on average, costs up to twice as much as vouchers for
each family assisted.
Sam Brownback, Resolving HUD's Existing Problems Should Take Precedence over
Implementing New Policies,
16 St. Louis U. Pub. L. Rev. 235, 241 (1997) (footnote omitted).
New Haven's units are costing between $ 212,000 and $ 217,000 to build. See
Solomon, Lecture, supra note 119. This cost is somewhat higher than early
estimates. David McClendon, Elm Haven's Developer May Be Dumped over Fees, New
Haven Register, Aug. 28, 1997, at A3 ("Beacon/Corcoran has estimated the cost per unit at $ 190,000 to transform Elm
Haven's outdated public
HANH representative Robert Solomon attributes part of the high cost of the New
Haven units to high demolition costs, including lead abatement and asbestos
removal. Solomon, Lecture, supra note 119. An additional force driving up the
cost of Monterey Place is the cost of providing tenants with certain items that
market rate tenants normally would expect to provide for themselves, such as
draperies, air conditioning units, and mini-blinds. Interview with Maguire,
supra note 41. Rather than each tenant supplying items that may be unattractive
or of inferior quality, resulting in reduced curb appeal or perhaps even safety
hazards, the HANH has chosen to provide these items for all tenants. Id.
Atlanta's figures are more modest but still high. Total costs for Centennial
Place total $ 57.5 million, or just over $ 103,000 per unit. Atlanta Hous.
Auth., supra note 117, at 1. Other sources place the per-unit cost as low as $
70,725. See Cmty. Hous. Res. Ctr., 1998 Affordable
Housing Survey, at http://www.chreatlanta.org/survey-results-98.html (last visited May
8, 2002). It is unclear whether this figure, like New Haven's, reflects
demolition costs. The original Clark Howell development cost $ 3,216,297 for
630 units, or approximately $ 5105 per unit. Hous. Auth. of the City of
Atlanta, Steps Toward a Brighter Tomorrow: 10th Report of Operations 1950-51,
at 12 (1951) (on file with Charles F. Palmer Collection, Emory Univ. Robert W.
Woodruff Lib. Spec. Collections).
n219. The new HOPE VI units in New Haven, if they were to be sold as condominiums,
would be worth only between $ 70,000 and $ 90,000. Solomon, Lecture, supra note
119. Triple-deckers in nearby Newhallville are available for $ 20,000 to $
25,000, an ordinary condominium in New Haven costs $ 80,000, and the median
home value in the city is only about $ 125,000. Id.; Stephen Higgins, Home
Sales Level, Condos Hot in County, New Haven Register, Mar. 13, 1998, at A25
(citing a median single-family home price in New Haven County in March 1998 of
$ 112,000 and a median condominium price of the same period as $ 74,000).
n220. Solomon does not attempt, however, fully to justify the high redevelopment
cost on economic grounds.
"This is a policy decision," he states,
"not an economic one." Solomon, Lecture, supra note 119. Indeed, he openly acknowledges the
"an economic disaster" and states that, even if the project had been carried out with maximum
efficiency, with no taint of corruption or delay, the units still would have
cost about $ 180,000. Id. Even eliminating the costs of demolition and lead
abatement, he indicated, the cost still would exceed $ 135,000. Id.
n221. Jason DeParle, Cultivating Their Own Gardens, N.Y. Times, Jan. 5, 1992,
(Magazine), at 22.
n222. See id.
n224. See supra notes 75-96, 218-220 and accompanying text.
n225. See infra note 228 and accompanying text.
n226. New Haven
Housing Authority's executive director Robert Solomon would seem to concur with Gilkey
that new public-housing buildings are not necessary to achieve better living conditions in public
housing. He has asserted that the keys to a safe environment are full occupancy and
careful screening, including preleasing home visits. Solomon, Lecture, supra
note 119. Solomon adds, however, that as a practical matter the
"money tail wags the dog." Id. According to Solomon,
housing authorities are not always given money for the project they would most prefer
to see brought to fruition. Id. Rather, if money is available for HOPE VI
redevelopment, cities will apply for that money because it is better than
having no resources with which to attempt to improve public
housing. Id.; Hous. Auth. of the City of Atlanta, supra note 28, at 23 (describing the
home visit system employed in the former Techwood Homes). Solomon acknowledged,
however, that the HANH has never conducted such screening. Solomon, Lecture,
supra note 119. In short, Solomon indicated, not every element of the HOPE VI
redevelopment effort is necessary; rather, he believes that eliminating the
drug problem, evicting nonpaying tenants, cleaning up the garbage, investing
capital into necessary improvements (like painting), and perhaps adding a
playground would make it possible to solve many problems endemic to much
New Haven's Howard Cohen also has suggested that lease enforcement may be
sufficient to improve the quality of public
housing. He believes the critical elements in greatly improving a troubled
housing project are three: (1) collecting rent, (2) dealing appropriately with
residents, and (3) maintaining the physical plant. Cohen, Lecture, supra note
119. As a practical matter, he noted,
"$ 80 million is not available for every project." Id. When this sort of massive federal funding is not forthcoming, he
indicated, one should
"patch and paper and manage the hell out of the property." Id. He also added,
"Lease enforcement works." Id.
n227. Cochran Gardens is no different in its physical appearance from any of the
other aging, unattractive public-housing complexes across the country, many of which are now either scheduled for
destruction or have already been demolished. DeParle, supra note 221, at 22.
Indeed, the 761 apartments Gilkey
"presides over ... are noteworthy only in their lack of disarray: they have
windows where boards might be, elevators that elevate and halls that mostly
stay mopped." Id. In addition, Cochran Gardens has demographic characteristics similar to
those of many other public-housing complexes: most of its residents are single, unemployed African-American
women. Id. at 46. What Ms. Gilkey has done is to require strict lease
enforcement, to increase greatly the number of evictions, and at the same time
to see that the development receives the capital improvements and social
services the tenants require. The tower is
"chockablock with social services. A partial list includes a day-care center, a
health clinic, a community recreational center, a Meals-on-Wheels program and a
reverse-commute bus to transport job seekers to the suburbs." Id. at 26. Unlike Elm Haven and Techwood/Clark Howell, Cochran Gardens is a
high-rise facility, and its residents thus faced challenges that the Atlanta
and New Haven developments did not present.
Gilkey rails against the notion that extensive, HOPE VI-type redevelopment is
essential for success.
"At least one other St. Louis site has undergone extensive renovations, only to
wind up with more arson and graffiti than the set of
"New Jack City.'" Id.
"The secret," Gilkey likes to say,
"is not fixin' up the buildings without fixin' up the people first."
... Standing before a group of tenants, she still gets spitting mad at the
theory that high-rise architecture leads to anomie in the residents and urine
in the halls.
"White folks didn't do that when they were in the buildings," she says.
Id. Bertha Gilkey feels so strongly about Cochran Gardens that she still
chooses to live there, even though her income now exceeds $ 30,000, and she
must therefore pay $ 786 to live in the same kind of three-bedroom apartment
for which her next-door neighbors pay only $ 19. Id.
"For the same money, she could be paying the mortgage on a nice house in
suburban St. Louis." Id.
n228. In praising Gilkey's efforts,
"there is one fact about Cochran Gardens that [HUD] Administration officials
seldom acknowledge: virtually everyone there is still poor." Id. at 23. In addition, there are still those who
"disagree with the assessment ... that, as public
housing goes, Cochran is a prize." Id. at 32. As one neighbor, a twenty-eight-year-old single mother of three,
"The neighborhood is unsafe, maintenance is slow, and last winter her heat
didn't work." Id.
n229. Living far from the ground, Hundertwasser stated, is not lethal if it is
mitigated by creativity. Hundertwasser, supra note 8, at 7.
n230. Hundertwasser did not want to tear down the Kalke Village, a former tire plant
near Hundertwasser-Haus that had become unusable in its original capacity
because of the crowds that gathered at Hundertwasser-Haus, so he changed only
the interior architecture, so as to maintain the building's historic art
nouveau facade. Id. at 298.
n231. Id. at preface. Hundertwasser's buildings involve no
"technological magic." He described his customization and other features as representing about 5% of
the total construction cost and as warranted by the buildings' long-term
sustainability. Id. at 197. Hundertwasser-Haus itself cost about $ 4 million
for fifty units, or about $ 80,000 per unit. Reuters,
"Revolutionary" House Design Causing Lineups and Traffic Jams, Toronto Star, Oct. 12, 1985, at
n232. See Rand, supra note 8, at 182.
n233. Cong. for the New Urbanism, Charter, supra note 42, at 132, 155. Fiscal
responsibility is a well-established concept. The AHA was proud to claim, in
its 1945 Annual Report, that it was run in a manner such that
"even the self-drenched mind that never dabbles in human sympathy, even the mind
receptive only to the crackle of new dollar bills and the clink of smaller
change," would be forced to concede the value of Atlanta's public
housing. Atlanta Hous. Auth., Home? 1945-1946 Eighth Annual Report 5 (1946) (on file
with Charles F. Palmer Collection, Emory Univ. Robert W. Woodruff Lib. Spec.
Collections). Indeed, construction of the original Techwood/Clark Howell
development was largely justified by fiscal considerations such as increasing
the value of nearby properties and the city's tax revenues. Atlanta Hous.
Auth., The Best Security for Civilization: 9th Annual Report 1947-48, at 11
(1948) (on file with Charles F. Palmer Collection, Emory Univ. Robert W.
Woodruff Lib. Spec. Collections) ("$ 59,000 of delinquent taxes were paid up when the land was purchased."); Hous. Auth. of the City of Atlanta, supra note 28, at 14 ("Of the total expenditures of the
housing authority during its program, more than four million dollars will be paid to
labor."). Indeed, AHA founding chairman Charles Palmer's motivations in starting the
Authority were said to have been motivated largely by his own interest in
protecting the value of his downtown investment property. Arnold, supra note
28, at 10.
n234. Rand, supra note 8, at 183.
n235. Hundertwasser, supra note 8, at 264.
n236. Id. at 266. Hundertwasser believed that these gold domes
"elevated the resident to the status of a king." Id. He described the onion dome as the
"architecture of paradise." Rand, supra note 8, at 89. The fact that the buildings are fiscally
responsible does not detract from the sense that the house comes out of the
world of dreams and people must look twice to realize that it is real. Id. at
n237. Hundertwasser, supra note 8, at 74-75. Hundertwasser talked about societal
costs being lowered when man lives in an environment compatible with his life
and in which he can recreate himself, rather than an
"anonymous, hostile, aggressive concrete desert." See id. at 260.
n238. Rand, supra note 8, at 147. The original Techwood/Clark Howell and Elm Haven
developments were constructed of relatively inexpensive, but sturdy, materials,
and Hundertwasser's work demonstrates that simple materials might be used to
create an environment that is functional, even beautiful. The original Techwood
development was constructed of reinforced concrete and Elm Haven of wood,
concrete block, and reinforced concrete. Abt Assoc., Inc., supra note 3, at
3-6. Studies done of Techwood/Clark Howell shortly before its demolition
revealed that the buildings were structurally solid and would have lasted at
least another fifty or sixty years. Keating
& Flores, supra note 139, at 275, 289 (referencing the PATH study). Tearing down
the development may not have been the only way or, indeed, the best way, to
redevelop the community. The efficacy of this investment, and whether
allocating additional funds to supportive services instead would have been a
more cost-efficient and effective strategy, are issues to consider.
n239. Hundertwasser, supra note 8, at 294.
n240. See id. at 265.
n241. See id. at 284-85.
n242. Id. at 294.
n244. Id. at 73, 286-87.
n245. Id. at 73.
n246. This concept was important in the 1930s when about one-quarter of the cost of
developments such as Techwood and Clark Howell went to labor and the creation
of much-needed jobs. Hous. Auth. of the City of Atlanta, supra note 28, at 15.
n247. See supra notes 216-217 and accompanying text.
n248. Recognizing the importance of tenant-centered leadership is not a new concept.
Elizabeth Wood recognized this issue back in the 1960s and was concerned that
management not intrude unduly upon the residents' personal expression. The
example she mentioned was that of public-housing managers preventing residents from utilizing harmless laundry-drying racks,
due to the managers' concern that the racks would spoil the appearance of the
building. Wood, supra note 47, at 6.
n249. Interview with Maguire, supra note 41. Gerald Suttles makes a similar point in
his book The Social Order of the Slum, supra note 64, at 122. He argues that
"the standardization and restrictive rulings that govern the projects almost
totally eliminate all those overt signs that families customarily depend on to
present themselves to the outer world." Id. at 122. Suttles posits that, as a result of this repression, public-housing tenants
"must exaggerate the available signs that let others know what they
"really are,'" including
"clothing, manners of speech, walk, stance, and demeanor." Id. at 124.
Beacon Corcoran Jennison endeavors to enforce leases without requiring
residents to abandon elements of their culture. Interview with Maguire, supra
note 41. One example of the balance that must be struck is that of clean
laundry hanging on clotheslines. Cohen, Lecture, supra note 119. To some
people, this sight is a clear symbol of slum poverty. To others, it is simply
the natural and appropriate way of doing the week's laundry. Ensuring that
lease enforcement does not create unnecessary cultural costs is especially
important in circumstances in which, if a resident is evicted from public
housing, she may well have nowhere else to go. Interview with Maguire, supra note 41.
Because of this dynamic, Maguire calls lease enforcement
"the fundamental question in public
housing today." Another example is that of wallpapering units: this kind of intensive
decorating is not a major concern for most market rate tenants, who are likely
to have relatively short tenure in their apartments. Id. For those public-housing tenants, however, who expect that the apartment in which they live will be
their home for the foreseeable future, being able to express their personal
decorating preferences through wallpaper and other customizing features may be
important. Id. One final cultural issue Monterey Place faced early was gambling
on the front stoops at Elm Haven. Cohen, Lecture, supra note 119. Although
market rate residents did not want this activity to take place, residents of
the former Elm Haven considered it to be inoffensive recreation. Id.
n250. The management of Monterey Place is endeavoring to do both. Resident
participation is not a new concept, as Charles Palmer illustrates in quoting A.
Trystan Edwards, an architect whose idea,
"One Hundred Towns for Britain," was of inspiration to Palmer in his own fight for public
housing in the United States. Palmer, supra note 107, at 182. Edwards
"told [Palmer] of talks with
"gentlemen of the slums' and their wives. It was, he said, no good to plan for
them but without them. They knew best what they wanted and needed." Id. at 183.
n251. Interview with Maguire, supra note 41. Management and the tenant council
negotiated the rules that Monterey Place tenants must follow. Id. Most of the
rules were then incorporated into the lease. Id. One and a half weeks before
the first tenants were to move in, almost all provisions of the lease finally
had been agreed upon - the only remaining issues involved minor concerns such
as maximum pet size and whether (and where) secondary freezers would be
permitted. Id.; Cohen, Lecture, supra note 119. The bylaws of Monterey Place
are drafted so that market rate tenants cannot, as the former public-housing residents had feared, control the development. Id. Cohen further posited, and
indicated that he tried to assure the public-housing tenants, that market rate tenants would have
"better things to do" than participate in the tenants' council. This opinion is consistent with
Cohen's expectation that market rate tenants would, over time, lose interest in
the development. Harbor Point in Boston has found the tenant board to be
central to the redevelopment effort's success:
"Many residents describe the 12-member tenants board, a mix of low-income and
wealthier residents who hold quarterly open meetings to air disputes, as the
glue that holds the community together." Boston War Zone, supra note 192, at B7.
n252. A United States
Housing Authority pamphlet from 1939 demonstrates that there was some awareness, at
that time, of the importance of encouraging tenant initiative and leadership.
See U.S. Hous. Auth., Planning for Recreation in
Housing 40 (1939) (on file with the Charles F. Palmer Collection, Emory Univ. Robert
W. Woodruff Lib. Spec. Collections) ("Domination and rigid control by the
housing manager may possibly result in a logical program in theory and an attractive
program on paper. It is doubtful, however, whether such a program will meet the
needs of the tenants."). New Haven has traditionally had one
"of the most active and well-organized tenant organizations" in the country. Abt Assoc., Inc., supra note 3, at 3-27. Indeed, HUD has
ranked the HANH in the highest of four tiers on tenant participation, while
Atlanta is ranked in the third tier. Id. at 5-13. The tier system is
characterized as follows:
The first tier is characterized by willingness on the part of the PHA to
involve the tenant councils and residents of the HOPE VI developments in the
planning and implementation process, thereby establishing strong relationships
between the PHA administration and the residents, and encouraging broad and
active participation of community groups in the planning process.
The third tier is characterized by the PHA's discouraging resident involvement
in the process.
Id.; see also Salama, supra note 135, at 129-31 (recounting the history of
resident involvement in the redevelopment of Techwood/Clark Howell into
Centennial Place). In Atlanta, as in Chicago,
"legal assistance was required for the residents to have any substantial level
of informed involvement. Community involvement was equally marginal, if [it
took place] at all." Abt Assoc., Inc., supra note 3, at 5-13.
n253. Beacon Corcoran Jennison President Howard Cohen mentions a complex in Roxbury,
Massachusetts, near Boston, in which new design failed to turn around a public-housing development. Cohen, Lecture, supra note 119. The property, which Beacon
Corcoran Jennison purchased from the tenants only several years ago, is already
experiencing serious problems, including residents urinating in the halls of
the new buildings. Id.
n254. Along these same lines, Cohen cites the example of Franklin Field in Denver.
Cohen describes this redevelopment project as a failure because Beacon Corcoran
"never got control of the development, the drawings were never right, and the
residents never got organized around the project." Id. New buildings were erected, Cohen states, but little other change
occurred; rather, the same residents remained, and no new social programs were
instituted to introduce new attitudes or opportunities into the community. Id.
"Housing is more than just bricks and mortar," Cohen reflects.
"You cannot rebuild it for the same tenants and expect anything automatically to
n255. Randall Kennedy, Race, Crime, and the Law 159 (1997).
n256. See Fiss, supra note 9, at 8; supra note 36 and accompanying text; At the time
of demolition, Techwood/Clark Howell and Elm Haven were occupied almost one
hundred percent by African-American residents. See supra note 141 and
accompanying text. Randall Kennedy, in Race, Crime, and the Law, argues that
the African-American community, in the interest of more efficient law
enforcement, bears a
"racial tax" in the form of being subject to racial profiling and police harassment.
Kennedy, supra note 255, at 159 ("Whereas whites are made to pay a racial tax for the purpose of opening up
opportunities for people of color in education and employment,
Mexican-Americans and blacks are made to pay a racial tax for the purpose of
more efficient law enforcement."). This phenomenon exists, Kennedy states, because race is often used as a
proxy for increased criminality. Id. at 136-37 (discussing what Kennedy calls
"using color as a proxy for dangerousness"). Professors Meares and Kahan, in Urgent Times, argue that members of the
inner-city community should be permitted to waive their Fourth Amendment rights
for the purpose of cleaning up crime, noting that the gangs have already
effectively destroyed these rights anyway. Tracey L. Meares
& Dan M. Kahan, Urgent Times: Policing and Rights in Inner-City Communities 19
"Why can't we trust residents of the inner city to decide for themselves whether
the strategic objection makes sense?"). The authors describe the situation, however, not as a free choice but as a
choice made under duress, and argue that
"community burden-sharing" and
"guided discretion" can be employed appropriately here in conjunction with social-contract notions
of majority rule. Id. at 19, 23.
With these issues in mind, Yale University is interested in building a new
police station on the former site of the American Linen Building at the edge of
the new Monterey Place redevelopment, but indicated that it will not do so
unless the community clearly states that it wants the station to be built. See
Public Hearing, supra note 202. The writings of Kennedy, Meares, and Kahan
together show that Yale's offer is not without risk for the residents of
Monterey Place and of Dixwell as a whole. Yale would benefit from the new
station because the University's current station is undersized and in poor
condition. Id. In addition, the community concluded that Monterey Place would
benefit from the increased police presence the project would provide. Id. One
item noted in the November 1996 HANH Management Assessment Report is the former
Elm Haven tenants' perception of low police presence in the area. Quadel
Consulting Corp., supra note 30, at 6-14. Because the informal poll taken at a
recent public hearing, coupled with numerous previous surveys, showed strong
support for the project, Yale has begun having architectural drawings prepared.
See Public Hearing, supra note 202. Preliminary plans are for the police
facility to have space for Yale students to bring in Dixwell children for
tutoring and for there to be adjoining fields for the use of both local
residents and Yale sports teams. Id. Yale has indicated that it may also bring
in a developer to build townhomes on the other side of the police station as
well. Id. Each of these items tends to demonstrate a desire to blur the lines
between public and private
housing and to make the police presence in the development an asset to the community
rather than a threat. Id. Atlanta has done something similar, creating a police
mini-precinct in the Centennial Place area. Carlos Campos, Techwood
Mini-Precinct Going Up, Atlanta J. Const., Apr. 23, 1998, at JD2. The precinct
was built between the Atlanta Union Mission homeless shelter offices and
Centennial Place, close to the adjoining Centennial Park. Id. The presence of
policemen on bicycles makes them appear less threatening and contributes to the
human scale of the development. See Congress for the New Urbanism, Charter,
supra note 42, at 135.
"AHA developments experienced a large increase in crime during late 1980s," and the AHA system was regarded as one of the most violent in the United
States. Abt Assoc., Inc., supra note 3, at 2-12. The Dixwell neighborhood,
similarly, has had a longstanding crime problem: For the years 1989 through
1992, there were 35.7 killings per 100,000 residents,
"a high rate of violence by national, regional, and local standards." Rae, supra note 184, at 43. For the same period, the study notes, the city
rate was 24.0.
"AHA has a small security force that serves elderly high-rises only and hires 45
city police officers for a community policing program." Abt Assoc., Inc., supra note 3, at 2-12. For New Haven, similarly,
"there are 12 city police substations in the city, 3 of which serve public
housing. Community policing efforts include trying to get officers to move into
developments. HANH also has some tenant patrols." Id. at 2-13. Atlanta and New Haven both
"relied on off-duty police officers or special police details to patrol their
developments." Id. at 2-14.
n259. Nobody was murdered in Techwood/Clark Howell homes in 1997. Towns, supra note
151, at B2. Centennial Place's tenant association president stated, in a recent
"I haven't had to call the cops one time. There are no drugs or crime." Id. By way of contrast, between 1987 and 1997, 325 people were killed in the
AHA communities and 20,000 people were assaulted. Id.
n260. Jerry Salama, addressing what I have called fiscal responsibility and noting
"HOPE VI projects will cost more than private, or even other public,
developments given the need to relocate residents, demolish the existing
development, and build the project anew," has suggested that incentives be employed to encourage cost-effective decision
making on the part of public-housing authorities participating in the program. Salama, supra note 135, at 120.
n261. Rousseau, supra note 7, at 59.
n262. Scholar Howard Husock describes this as the natural result of violating what
he calls the
"housing ladder," in which
"those who have worked to pay their rent can distinguish their rewards from
those who have not done so." Howard Husock, Repairing the Ladder: Toward a New Public
Housing Policy Paradigm 33 (1996), available at http://www.rppi.org/ps207.pdf (last
visited May 10, 2002). Both New Haven and Atlanta have witnessed this
phenomenon first-hand, in different contexts. In what a Hartford newspaper
"a troubling throwback to the turmoil of the civil-rights era, that resentment
... [in New Haven] turned violent ... with the torching of three homes linked
to the city's [low-income rental]
housing initiative." Matthew Kauffman,
Housing Plan Has Troubled History, Hartford Courant, Nov. 1, 1992, at A1. Atlanta
suffered a similar response to Centennial Place: On June 23, 1999, a four-alarm
fire, that was later determined to be arson, destroyed fifty-one units under
construction in six buildings of the complex. Lyle Harris et al., Unique
Housing Project Burns, Atlanta J. Const., June 24, 1999, at A1.
In contrast, the New Haven fire appeared to have both racial and class-based
dynamics: The house was in
"an overwhelmingly white section of New Haven cut off from the rest of the city
by the Quinnipiac River," where the city had provided vouchers for low-income families to rent
single-family houses. Kauffman, supra, at A6. Angry neighbors gathered in the
streets and shouted angrily,
"There are plenty of houses in your own neighborhoods; ...
"Laziness is the issue! ... Why hasn't anyone addressed that? Why should anyone
be given a house without working for it?" ... They won't take care of it ... It's a proven fact." Id. In making what sounds like Husock's point, the article noted as follows:
The proposal ... tugs at the foundation of the middle-class work ethic.
Several people said they work two and three jobs to maintain their homes - and
pay taxes that have skyrocketed in the past year. They said they were offended
that low-income families will be handed what the homeowners worked so hard to
Legal Aid lawyer Glenn Falk asserts that it is racist to propose that
"public-housing residents are only entitled to live in the East Shore if they are wealthy
enough to be homeowners ... . I resent the notion that poor people must live in
junk. It's an anti-black, anti-poor, anti-public
housing sentiment when people say,
"This is too good for them.'" Id. The article notes that,
"in 1980, the Census Bureau counted 1,956 homes in the area; 12 were occupied by
members of minorities. Only four towns in Connecticut have a greater
concentration of whites than the East Shore." Id. Notably, the same has been said of Hundertwasser-Haus. Patrick Blum, Away
from Straight Lines, Fin. Times (London), Aug. 19, 1985, at I7 ("Critics say ... that only the better-off can afford such individuality."). A local homeowner in the East Shore in New Haven responded,
"It's not black. It's not white. The color here today is green." Kauffman, supra, at A6. The homeowner was expressing her unhappiness that the
rental program would remove properties from the tax rolls. In addition, she
felt, renters would not care for property in the same way that homeowners would.
Houston has experienced a similar response to its program of purchasing houses
repossessed by the Federal
Housing Administration in depressed suburban neighborhoods, for an average of slightly
more than $ 30,000, for the purpose of renting the homes to low-income tenants.
Houston Is Buying Homes for Low-Income Tenants, N.Y. Times, Apr. 28, 1987, at
A22. A HUD official in Houston stated that the program has
"evoked mixed feelings from some families struggling to remain in Houston's
middle class." Id. He added,
"I've gotten a lot of calls from people who objected to someone living in a
better home and paying less ... . Some wanted to sell their house to the
housing authority and rent it back." Id. He also defended the effort as other than a free ride.
"Not just any family can be assigned to the foreclosed homes ... .
"They must have demonstrated some ambition, ... some pride in their
housing, part-time jobs, something that says they're trying to better themselves.'" Id. In addition, tenants must have incomes of $ 13,000 to $ 25,000 and are
required to take classes in home maintenance. Id.
n263. These are not easy questions, and they are not new. Massachusetts Institute of
Technology Professor Lawrence Vale's book chronicles three hundred years of
American ambivalence about low-income
housing. See Vale, supra note 66.
n264. Cong. of the New Urbanism, Principles, supra note 41, at 34.
Prepared: January 24, 2003 - 5:02:29 PM
Edited and Updated, January 25, 2003
Kristen A. Stelljes