If You Can't Build It, They Won't Come: Condominium Construction Moratoria and Gentrification

Abstract

The increasing presence of bright, new condominium development in America’s cities is changing the composition and appearance of these urban landscapes. Long-time local residents in gentrifying areas are confronted daily with the impacts of development, and are searching for tools to preserve their communities and keep them affordable. One response has been proposed moratoria on condominium construction. This approach aims to stop the influx of more affluent individuals into urban neighborhoods by preventing the construction of higher-end condominiums. This Note examines the validity of such moratoria on condominium construction as an exercise of the police power. Through a comparison to rent control ordinances and condominium conversion moratoria, it argues that valid condominium construction moratoria can be implemented to address social and economic concerns. The Note concludes, however, that valid construction moratoria are not always the most appropriate or effective growth management tool to address a gentrifying community’s needs.