Journal of Comparative Urban Law and Policy


Miami, Cape Town, and Marseille have taken dissimilar approaches in their attempts to legislate and supply affordable housing to those in need. One of these cities has no justiciable right whatsoever, one has a right set out in its national constitution, and one has a right set out in its national law. These cities have had different degrees of success in aiding those in need of adequate housing; however, each of these cities continues to suffer from both a lack of affordable housing and a widening income gap. Examining the frameworks and the efforts of these three port cities establishes that it is not enough merely to create a legal right to housing. There must also be concrete provisions for enforceability. And the best chances for success lie not just in passing legislation and providing more housing; the best successes also encompass adopting measures to prevent homelessness and embracing new housing production technologies.

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