Housing as a Right in the United States: Mitigating the Affordable Housing Crisis Using an International Human Rights Law Approach

Throughout its history, the United States has perpetuated a double standard in regard to international human rights by urging other nations to protect and promote these rights, while simultaneously forgoing international human rights treaties in favor of its own Constitution and domestic human rights laws. Notably, the United States does not recognize one of the fundamental rights introduced by the Universal Declaration of Human Rights in 1948 and contained in the International Covenant on Economic, Social and Cultural Rights: The right to adequate housing. Failure to recognize housing as a human or constitutional right has led to a worsening affordable housing crisis in the United States. Domestic policy has proven insufficient to combat this crisis, and the United States must adopt a different approach for resolution. This Note argues that state governments should borrow from international human rights treaties and foreign housing law, and recognize housing as a justiciable right in an attempt to mitigate the affordable housing crisis. States can best ensure a right to housing by including housing as a right in their respective constitutions and creating oversight bodies to promote and protect this new constitutional right.