THE DWELLING HOUSING LAW IN NEW YORK AND THREE BRAZILIAN MUNICIPALITIES OF THE STATE OF SÃO PAULO

Abstract

The study in question focused on an analysis of the application of housing law to low-income populations. Initially the New York system was introduced which generally implies a tax incentive for the developer to erect a rental apartment building, provided that 20% of the units are rented to families with incomes below the city average, and the other 80% may be rented at market prices. In this system, every entrepreneur must pay a proportional counterpart to the impacts that the enterprises will have on the transit and demand of New York City public equipment and services, and negotiate percentages of land donation, amounts or other forms of consideration, cash payments or in installments, combined contributions. The "right to housing" closely linked to the "land regularization right" are correlated as social, fundamental, human and transversal rights that all human beings have the "right" to exercise. In the analysis of land regularization, three irregular settlements were observed in small municipalities in the interior of the State of São Paulo (Ribeirão do Sul / Santa Cruz do Rio Pardo / São Pedro do Turvo). The deductive method was used and research techniques such as indirect documentary research were used, such as the Federal Constitution of 1988, Law 13.465 / 2017, indirect bibliographic research with the use of books, all related, of some with the proposed theme.