"Promoting housing affordability by combating exclusionary housing policies"


Working from her home base in San Diego, California, Ms. Funke produced 70 pages of incisive legal analysis of California’s 40-year history of statutory attempts at limiting regulatory barriers. California has the highest housing prices in the nation, but legislation there has tended to focus on planning and paperwork requirements, rather than requiring actual production of affordable housing.

During her five-week clerkship, Ms. Funke summarized a great number of helpful studies – social science as well as law, in consultation with UCLA’s planning department. Among her conclusions:

  • “California has a complex web of laws with a lot of flexibility for each local jurisdiction, but not a lot of results in terms of affordable housing.”
  • The means of enforcing affordable housing production requirements needs to be expanded beyond the “builders’ remedy” (right of developers to overturn regulatory barriers in court). California localities are not being held accountable for failure to supply their fair share of affordable housing. 
  • The state needs to encourage more than just inclusionary housing as an answer to the problem.