May 12, 2008

More News & Events   |   Home Adam Lubow ’07 Wins ABA Writing Award The ABA Forum on Affordable Housing and Community Development Law awarded Adam Lubow ’07 the 2007 writing award for his article, “…Not Related by Blood, Marriage, or Adoption: A History of the Definition of ‘Family’ in Zoning Law.” In May, he was recognized at the organization’s annual conference in Washington D.C. and received a prize of $1,000. The article will be published in a forthcoming issue of the ABA Journal of Affordable Housing and Community Development Law. Professor David Reiss was his advisor throughout the writing process. The article analyzes suburban zoning ordinances and their use of a traditional family definition—people related by blood, marriage or adoption—to delimit home occupancy. These laws usually allow only a small number of unrelated people to live together. In the 1974 case of Village of Belle Terre v. Boraas, the Supreme Court found they do not violate due process and equal protection constitutional guarantees. The ordinances exist “to preserve the tranquil nature of the community and to prevent overcrowding,” Lubow said, but they can affect many people adversely, notably immigrants. His article presents the legal definitions of “family” before and after the Belle Terre decision, reviews federal and state zoning laws and the challenges to them, and recommends changes to the laws. “Several states, including New Jersey, California, Michigan and New York, have declared that the right to live with whomever you choose is fundamental,” he said, and have changed their laws accordingly. His article presents two alternative ways for municipalities to adjust their zoning laws: using a “functional family” definition, that is, people who live, cook, clean, and share finances together; or not defining family at all, but, instead, using a “maximum occupancy” code to limit the number of people who can live within a certain amount of property or floor space.” Lubow grew up in the small, close-knit upstate town of Tannersville, New York. Public service and commitment to the community run deep in the family. His father, Greg D. Lubow ’76, was the public defender in Greene County for almost three decades; his mother is a special education administrator. Many Mexican families live in the town, and Adam’s friendships with them made him aware of the problems immigrants face in housing and other aspects of life. He wrote a thesis on Mexican immigration to New York as an undergraduate at the University of Pennsylvania, where he earned his undergraduate degree. An Edward Sparer Public Interest Law Fellow and Prince Merit Scholar, during law school he was an intern at the Immigrant Defense Project of the New York State Defenders Association, where he used his fluency in Spanish to assist many Spanish-speaking clients. He was also a summer law clerk for Texas Rio Grande Legal Aid. His Sparer summer internship was at the Neighborhood Defender Service of Harlem, and he also interned with Ronald L. Ellis, Southern District of New York U.S. Magistrate Judge. Lubow was co-chair of Brooklyn Law Students for the Public Interest and he served on the Dean’s committee to improve the LRAP program. Back to top

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