ABSTRACT

Zoning regulations, for instance, started as part of the state and local governments’ police powers to regulate public health and safety and subsequently as a way to ensure homeowners’ investment in their largest financial asset as Fischel explains how zoning became exclusionary. The first landmark constitutional challenge to zoning regulation was Village of Euclid v. Ambler Realty Co., 272 US 365 in which the village had adopted zoning ordinances to prevent the spread of industrialization from the City of Cleveland from encroaching on the village. The concept of zoning regulations limiting future use and, thus, property value was challenged in Lucas v. South Carolina Coastal Zoning Commission, 505 US 1003. According to Glantz and Martinez, there are 61 metropolitan areas in which modern-day redlining exists. Redlining exists, in a modified form, from denial of mortgages to people of color at a rate of 2.7 times that of white applicants to charging them higher interest.