Housing regulation disputes hinge on whether standards mean health or decency, not mere enforcement

Evidence

For many people, a requirement of bathing facilities for each dwelling unit is a matter of health and nothing more. For others, it goes beyond “health” and becomes a characteristic of “decent” or “comfortable” housing. … Whatever view is taken of bath tubs, it is clear that housing officials and city planners believe that enforcement of a minimal housing code is not an adequate program. They feel that a program is needed that will maintain housing that is now above the health minimum at its high level, and will gradually bring all housing above the standards required for health and safety. — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process, 399

Categorization

  • XREF: Connects to the polyad’s law/institutions thread and the earlier chapter material on single housing-code standards unable to serve both slums and conservation areas. — connects to: Housing quality incentives depend on neighborhood character, demanding area-based planning — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 408; Nuisance law’s vagueness drove environmental law toward detailed statutory standards — Richard J. Lazarus, The Making of Environmental Law, 594; Drafting of welfare rights pitted flexible standards against state obligations — Jessica Whyte, The Morals of the Market: Human Rights…, 196 (+2 more)

Broader Connections