Race and Selective Enforcement in Public Housing
Open accessAbstract
Drugs, crime, and public housing are closely linked in policy and politics, and their nexus has animated several intensive drug enforcement programs targeted at public housing residents. In N ew Y ork C ity, police systematically conduct “vertical patrols” in public housing buildings, making tens of thousands of Terry stops each year. During these patrols, both uniformed and undercover officers systematically move through the buildings, temporarily detaining and questioning residents and visitors, often at a low threshold of suspicion, and usually alleging trespass to justify the stop. We use a case‐control design to identify the effects of living in one of N ew Y ork C ity's 330 public housing developments on the probability of stop, frisk, and arrest from 2004–2011. We find that the incidence rate ratio for trespass stops and arrests is more than two times greater in public housing than in the immediate surrounding neighborhoods. We decompose these effects using first differences models and find that the difference in percent black and Hispanic populations in public housing compared to the surrounding area predicts the disparity in trespass enforcement and enforcement of other criminal law violations. The pattern of racially selective enforcement suggests the potential for systemic violations of the F ourteenth A mendment's prohibition on racial discrimination.
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Fagan et al. (2012) estimated that NYPD stops, frisks, and arrests of Black and Hispanic NYCHA residents and their visitors were much higher in public housing settings relative to enforcement patterns in adjacent neighborhoods.
“Fagan et al. (2012) estimated that NYPD stops, frisks, and arrests of Black and Hispanic NYCHA residents and their visitors were much higher in public housing settings relative to enforcement patterns in adjacent neighborhoods.”
From Police reform in public housing contexts: Body‐worn cameras, surveillance, and harm reduction in New York City Housing Authority Developments (2024) · cites this paper as Fagan et al. (2012)
The Abstract and § B, “Trespass Enforcement in Public Housing” (pages unavailable), report that trespass stops and arrests were more than twice as frequent in public housing as in immediately surrounding neighborhoods; the paper also links enforcement disparities to differences in Black and Hispanic population shares. The claim is broader than those findings: the cited comparisons do not establish higher frisk rates or higher rates of every kind of arrest specifically for Black and Hispanic residents and visitors. The “Extension to Total Enforcement” section reports higher total stops, but the paper notes that total-arrest results are less consistent and sometimes reverse. (LLM, conf=0.87)
Experimental — accuracy not yet measuredPrior analyses documented patterns of racially selective enforcement that suggest systemic violations of the Fourteenth Amendment's prohibition on racial discrimination in public housing contexts.
“This observation is particularly important for policing in public housing contexts as prior analyses documented patterns of racially selective enforcement that suggest systemic violations of the Fourteenth Amendment's prohibition on racial discrimination (Fagan et al., 2012).”
From Police reform in public housing contexts: Body‐worn cameras, surveillance, and harm reduction in New York City Housing Authority Developments (2024) · cites this paper as Fagan et al., 2012
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Cited by
Sorted by citations
Street stops and police legitimacy: Teachable moments in young urban men’s legal socialization
Tyler, T. R., Fagan, J., & Geller, A. (2014) · Journal of Empirical Legal Studies · doi:10.1111/jels.12055 · Cited by 457 · see citing works
Self-citationThe Effects of Local Police Surges on Crime and Arrests in New York City
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Self-citationBraga, A. A., MacDonald, J. M., & McCabe, J. E. (2024) · Criminology & Public Policy · doi:10.1111/1745-9133.12679 · Cited by 5 · see citing works
- Authors
- Fagan, J., Davies, G., & Carlis, A.
- Affiliations
- Columbia University (US)
- Simon Fraser University (CA)
- Corresponding author
- Fagan, Jeffrey
- ORCID
- Fagan, Jeffrey
- Venue
- Journal of Empirical Legal Studies
- Publisher
- Wiley
- Published
- 2012-11-06
- Volume
- 9
- Issue
- 4
- Pages
- 697-728
- ISSN
- 1740-1453 (ISSN-L)
- 1740-1461
- OpenAlex
- W1932150760
- Cited by
- 44
- References
- 4
- Citations by year
- 2026: 1 · 2025: 3 · 2024: 4 · 2023: 1 · 2022: 6 · 2021: 4 · 2020: 4 · 2019: 3 · 2018: 3 · 2017: 2 · 2016: 3 · 2015: 6 · 2014: 3 · 2013: 1
- FWCI
- 20.32
- Type
- journal article
- Language
- en
- Open access
- bronze
- doi.org
- Locations
- Journal of Empirical Legal Studies (publishedVersion)
- eYLS (Yale Law School) (submittedVersion)
- bepress Legal Repository (submittedVersion)
- Columbia Academic Commons (Columbia University)
- Topics
- Social Sciences › Political Science and International Relations › Policing Practices and Perceptions
- Social Sciences › Sociology and Political Science › Criminal Justice and Corrections Analysis
- Social Sciences › Law › Criminal Law and Evidence
- Keywords
- selective enforcement, public housing, stop and frisk, racial disparities in policing, drug enforcement, arrests, Fourteenth Amendment, racial discrimination, New York City, Black residents, Hispanic residents
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