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  • Bayard, P.A.
Publications
May 20, 2002

Quality of Life in the Homebuilding Industry

By Douglas M. Hershman

When first asked to write on this topic, I thought for sure I understood the assignment based on the title of the article. However, upon further reflection (and construing the words of the title as only an attorney can), I realized that there were several interpretations. I then stepped back and thought "they can't really want me to write about the quality of life of the people in the homebuilding industry". As a result, I have decided to take a small amount of liberty with the title and will concentrate on how the homebuilding industry interrelates with quality of life.

I can answer simply that homebuilding is quite inextricably tied with quality of life. For instance, in this year's State-of-the-State address Governor Carper stated that "[h]aving a decent place in which to live is basic to a family's quality of life." In the State of Delaware, the predominant form of living is in owner-occupied housing. It is estimated that 71% of Delaware residents own their own homes. This close relationship between homebuilding and quality of life has been the case for more than 50 years, particularly so following Congress' passage of the landmark Housing Act of 1949, the preamble of which sets forth the goal of providing "a decent home and a suitable living environment for every American family".

But what really is quality of life? In Delaware, the terms "quality of life" are mentioned in 57 different provisions of the Delaware Code. This phrase can be found in code provisions dealing with such diverse topics as transportation and highways, forestry and wetlands, noise control, mobile homes, alcoholic liquors and nursing facilities. In fact, in 1988 Delaware adopted the "Quality of Life Act". While mentioned in the Code many times, nowhere are the terms "quality of life" defined for us. Notwithstanding this lack of direct definition, the Quality of Life Act does provide us with a statement of its intent and purpose from which the building blocks for achieving quality of life can be gleaned.

"It is the purpose of this subchapter to utilize and strengthen the existing role, processes and powers of County Councils in the establishment and implementation of comprehensive planning programs to guide and control future development. It is the intent of this subchapter to encourage the most appropriate use of land, water and resources consistent with the public interest and to deal effectively with future problems that may result from the use and development of land within their jurisdictions. Through the process of comprehensive planning, it is intended that units of County Council can preserve, promote and improve the public health, safety, comfort, good order, appearance, convenience, law enforcement and fire prevention and general welfare; facilitate the adequate and efficient provision of transportation, water, sewage, schools, parks, recreational facilities, housing and other requirements and services; and conserve, develop, utilize and protect natural resources within their jurisdictions."

In its Delaware Statistical Overview 2000, the Delaware Economic Development Office has attempted to define quality of life by stating as follows:

"Delaware provides a variety of leisure time offerings, including world-class museums, historic sites, gardens, performing arts, unique festivals, many special events, tax-free shopping and outdoor recreation facilities. Although situated in the densely populated Northeast Corridor, Delaware retains extensive open space and an easy-going lifestyle. Delaware residents enjoy the comfortable pace of their home state and tap the rich historic, cultural and recreational attractions which are all within a two hour drive."


Obviously, quality of life is many things to many people. As Justic