Heather K Way

Heather K Way

  • Clinical Professor
  • Co-Director - Entrepreneurship and Community Development Clinic

Faculty Profile: Heather K Way

Main Profile Content

Biography

Heather K. Way joined the Texas Law faculty in 2006, where she co-directs the Entrepreneurship and Community Development Clinic. A national expert in affordable housing and community development and a frequent commentator in the media, Professor Way focuses on increasing housing stability, opening paths to economic opportunity, and fostering equitable and inclusive communities. 

Professor Way’s work has contributed to many high-impact legal reforms at the state and local levels including, most recently, laws to facilitate the creation of community land trusts and broaden heir property owners’ access to property tax relief programs. Professor Way is also the co-founder of the Uprooted Project, which provides resources and strategies for addressing displacement in gentrifying neighborhoods in Texas. 

Her current work includes a focus on increasing the housing stability of homeowners with heirs’ property (for example, here and here) and addressing substandard housing. Other recent work includes a community toolkit on preserving historic places with ties to African-American heritage and an analysis of the property tax breaks available for affordable housing complexes sponsored by public facility corporations. Professor Way is also the author of Real Property for the Real World, a book of hands-on case studies for law students in property law courses. 

Since Fall 2021, Professor Way has served as the ABA Real Property, Trust and Estate Law Section Advisor for the Uniform Law Commission’s Tenancy in Common Ownership Default Rules Drafting Committee. She is also the co-chair of the Community Development Practitioners and Legal Educators Practice Group for the American Bar Association’s Affordable Housing and Community Development Forum.

After graduating from The University of Texas School of Law, where she co-founded the Public Interest Law Association and was Grand Chancellor, Professor Way clerked for the Honorable William Wayne Justice of the Eastern District of Texas and served as a Skadden Fellow representing tenants and community groups at Legal Aid of Central Texas in Austin. Following her fellowship, she co-founded and directed Texas Community Building with Attorney Resources (Texas C-BAR), a statewide program that has delivered millions of dollars in pro bono transactional legal resources to community organizations.

Most Recent Media

Read more Heather K Way In the News posts.

Courses for Fall 2022

View Course History

Professional Activities

2022

June 16, 2022

Panel Organizer and Moderator for Webinar: “’Only the Rich Can Play,’: A discussion of David Wessel’s book about Opportunity Zones

Webinar hosted by the Community Development Practitioners and Legal Educators Committee, American Bar Association Affordable Housing and Community Development Forum

May 26, 2022

Panel Organizer and Moderator: “Addressing Evictions: "How Affordable Housing Providers Can Change Their Ways to Tackle the Country’s Eviction Crisis"

American Bar Association Affordable Housing and Community Development Forum, Annual Conference

Fall 2021-present

ABA Section Advisor (RPTE) for the Uniform Law Commission's Tenancy in Common Ownership Default Rules Committee

March 30, 2022

Panelist for Webinar: “Code Enforcement and Demolitions in San Antonio"

Hosted by St. Mary’s University School of Law, Center for Legal and Social Justice

March 28, 2022

Presenter and Panelist on "Heirs' Property and the Racial Wealth Gap"

Texas Association of Community Development Corporations, annual conference

2021

December 11, 2021

Presenter at "Punishing the Poor: A Community Response to San Antonio Code Enforcement in Community of Color"

Webinar hosted by the People’s Academy, partnership between Esperanza Peace and Justice Center and UTSA, in collaboration with the Historic Westside Residents Association and the Westside Preservation Alliance.

April 15, 2021

Presenter, "Hot Topics in Affordable Housing"

Annual Land Use Conference, UT Law CLE

March 26, 2021

Presenter on "Access to Property Tax Relief for Heirs"

CLE presentation to the Cameron County Bar Association

2020

September 1, 2020

Lead author, "Public Facility Corporations and the Section 303.042(f) Tax Break for Apartment Developments"

This report examines the 100% property tax exemption available for apartment developments through a special type of public facility corporation structure under Section 303.042(f) of the Texas Local Government Code. While the exemption received little notice when it was adopted by the Texas Legislature in 2015, the use of this exemption is rapidly growing and delivering annual property tax breaks to apartment developers of close to $1 million per property on average.

July 15, 2020

Moderator of Panel, "Homes for All? The Future of Public Housing"

New Cities Virtual Conference: New Housing Solutions Live

February 24, 2020

Guest on Texas Public Radio's program, the Source

Guest on hour-long radio program discussing the UT Law Entrepreneurship and Community Clinic's report on San Antonio's vanishing mobile home parks

February 14, 2020

Panelist at ABA Mid-Year Meeting, for Panel on "Legally Stolen Lands: Impacts and Remedies for Historically Disadvantaged People"

2019

October 14, 2019

"Place Matters: The Role of Public Housing Authorities in Expanding Inclusion in the US"

Paper co-authored with UT colleagues Elizabeth Mueller, Jake Wegmann, and Deidre Zoll presented at the International Forum on Housing and Community Development

September 4, 2019

Presenter, Community Benefits Agreements: What's All the Buzz About?

Poverty Law Conference — State Bar of Texas

May 23, 2019

Panelist, "Residential Preference Policies and the Fair Housing Act"

American Bar Association Affordable Housing and Community Development Forum Annual Conference

May 17, 2019

Presenter, "How to advocate for more equitable uses of tax increment financing and other tax subsidies to support community development and fair housing goals."

Webinar

Download (PDF)

May 9, 2019

Presenter: Gentrification and Displacement Mitigation Tools

City of Dallas Housing Policy Taskforce, Neighborhood Quality of Life Committee

May 8, 2019

Presentation on Community Land Trusts

The Real Estate Council, Dallas, Texas

March 5, 2019

Panelist, "Local Strategies to Address Displacement in Gentrifying Neighborhoods"

Texas Association of Community Development Corporations, 2019 Annual Conference

2018

June 15, 2018

Presenter at the conference: Heirs Property in the South: Fostering Stable Ownership to Prevent Land Loss and Abandonment

Federal Reserve Bank of Atlanta

Presentation on "From Cities to Colonias: Strategies to Stop the Regeneration of Heirs' Property"

April 10, 2018

Quoted in Atlantic Monthly article on predatory lending with seller financing products

"A House You Can Buy, But Never Own: African Americans in the same neighborhoods decimated by subprime lending are now being targeted with new predatory loan offerings, a lawsuit argues," by Alana Semuels

February 6, 2018

Interviewed on Houston Matters, Houston Public Media, on Houston's dangerous apartment epidemic

"Update: UT Report Cricizes How City of Houston Conducts Apartment Inspections"

February 6, 2018

Quoted in Houston Chronicle article on Houston's dangerous apartment epidemic

"Houston's apartment safety measures 'severely inadequate' UT study finds"

2017

September 2, 2017

Interviewed on NPR's All Things Considered on clouded titles impacting natural disaster victims

"How Clouded Titles Affect Victims of Natural Disasters"

April 14, 2017

Presenter on "Strategies to Combat Substandard Rental Housing"

State Bar of Texas 2017 Poverty Law Conference

April 3, 2017

Presenter on "Fair Housing and Issues in Community Development"

Texas Association of Community Development Corporations Annual Conference

February 21, 2017

Quoted in Houston Chronicle

"Putting numbers on Houstn's demand for affordable housing," by Lydia DePhillis

February 20, 2017

Invited Panelist on Affordable Housing Priorities for Harris County and Houston

Houston and Harris County Housing Conversation Summit

2016

June 1, 2016

Quoted in article on PBS NewsHour's Rundown Blog

"Here's why low-income households may gamble with homeownership"

May 23, 2016

Presentation on "Healthy, Sustainable and Quality Communities" at Texas Access to Justice Foundation Meeting

May 10, 2016

Quoted in New York Times article on contract for deed issues

"Contract for Deed Lending Gets Federal Scrutiny," by Matthew Goldstein and Alexandar Stevenson.

April 22, 2016

Moderator of Panel on "United Our Dividing City: Closing the Racial Wealth Gap"

LBJ School of Public Affairs, University of Texas

February 20, 2016

Quoted in New York Times Article

"Market for Fixer-Uppers Traps Low-Income Buyers," by Matthew Goldstein and Alexandra Stevenson

February 19, 2016

Quoted in Austin American-Statesman Article

"Poor tenants vs. development: Case microcosm of changing East Austin," by Shonda Novak

2015

Fall 2015 to Spring 2016

Organizer of series of UT Opportunity Forum events on "Uniting Our Divided City"

As one of the most segregated cities in the U.S., Austin has a long history of inequity that has left deep divisions across many sectors of our community. How has the city reached this point, and what can be done to address these persistent divides? This Opportunity Forum series explored a number of issues related to Austin's racial and ethnic inequalities, including wealth divides, educational divides, and health disparities.

October 15, 2015

Roundtable Leader on "The Multiple Meanings of Blight: from injustice and social disorder to reclamation of vacant properties and urban regeneration"

Association of Collegiate Schools of Planning Annual Conference

July 27, 2015

Quoted in Austin American-Statesman Article

"Report: Austin program to track, improve unsafe housing isn't enforced," by James Barragan and Lilly Rockwell

July 27, 2015

Quoted in KUT News Story

"Report Calls for Action on 'Repeat Offender' Properties"

Summer 2015

Report Co-Author

Co-Author of “An Analysis of Austin’s Repeat Offender Program and Efforts to Address Dangerous Rental Properties.” The report expands on the Clinic’s prior work in this area and outlines a number of policy recommendations to improve Austin’s programs for addressing dangerous properties.  The report follows a series of tragedies involving hazardous conditions at local rental properties, which have led to the displacement of dozens of low-income tenants, as well as deaths.

May 8, 2015

Presenter and Panelist, "Low-Income Homeowners and the Problem of Tangled Titles: Innovative Strategies to Secure Homeownership Assets," at the ABA/NLADA Equal Justice Conference

April 2015

Speaker on "Legal Hot Topics in Community Development"

Texas Association of Community Development Corporations Annual Conference in Houston

April 2015

Op-Ed

Op-Ed Author, "Texas must do more to create inclusive affordable housing," published in the Austin American-Statesman and San Antonio Express News.

2013

August 13, 2013

Addressing Problem Properties: Legal and Policy Tools for a Safer Rundberg and Safer Austin

Report and Executive Summary: www.utexas.edu/law/clinics/community/workhighlights.php

2012

October 26, 2012

Opportunity Forum Gentrification Series: Protecting Tenants Displaced from Redevelopment Projects

LBJ School of Public Affairs

https://law.utexas.edu/opportunity-forum/events/gentrification-series-protecting-tenants-displaced-from-redevelopment-projects/

October 21, 2012

Informal contracts still put many Texas homeowners at risk, UT study shows

Austin American-Statesman

http://www.statesman.com/news/news/informal-contracts-still-put-many-Texas-homeowners/nSh5D/

September 12, 2012

Breakdown of Austin's 2012 Tax and Fee Increases

KUT

http://kut.org/2012/09/breakdown-of-austins-2012-tax-and-fee-increases/

August 31, 2012

Tenant Displacement in Austin

A Policy Report Analyzing the City of Austin's Tenant Relocation Policy at Shoreline Apartments with Recommendations for a City-Wide Policy Approach

http://www.utexas.edu/law/clinics/community/TENANT_DISPLACEMENT_IN_AUSTIN_Aug2012.pdf

August 31, 2012

The Contract for Deed Prevalence Project

A Final Report to the Texas Department of Housing and Community Affairs (TDHCA)

https://law.utexas.edu/faculty/hway/stand-alone-executive-summary.pdf

March 22, 2012

Expanding Fair Housing Opportunities for Low-Income Minority Families

UT School of Law

Access Heather K. Way's PowerPoint presentation and video of the panel here.

February 2, 2012

Next Generation of Smart Growth: The Mueller Community

New Partners for Smart Growth Conference

https://law.utexas.edu/faculty/hway/next-generation-of-smart-growth.pdf

2011

October 1, 2011

LBJ School of Public Affairs and William Wayne Justice Center Collaborate on a ‘Contract for Deed’ Study in Texas Colonias

http://www.utexas.edu/lbj/news/2011/lbj-school-public-affairs-and-william-wayne-justice-center-c

April 30, 2011

Fair Housing Legal Toolkit for Permanent Supportive Housing Providers: Addressing Local Opposition to PSH Developments

Prepared by the Community Development Clinic

http://www.utexas.edu/law/clinics/community/Fair_Housing_Legal_Toolkit.pdf

January 31, 2011

Linking Transportation and Affordable Housing

Presentation for the City of Austin's Affordable Housing Forum

http://www.ci.austin.tx.us/housing/downloads/way_utlaw.pdf

2010

August 31, 2010

Furthering Fair Housing Choices for Voucher Tenants: A Report for HousingWorks

A report written by the Community Development Clinic.

http://www.utexas.edu/law/clinics/community/Fair_Housing_Voucher_Tenants_sept2010.pdf

2009

November 30, 2009

Texas Problem Properties Toolkit: A Resource to Help Texas Communities Address Problems Created by Abandoned and Vacant Properties, 2010 Edition

A toolkit created by the Community Development Clinic.

http://www.utexas.edu/law/clinics/community/ProblemPropertiesTexasToolkit10web.pdf

September 16, 2009

Expanding the San Antonio Toolkit to Create Sustainable & Affordable Housing Opportunities: Models from Austin and Beyond

San Antonio Community Development Summit

https://law.utexas.edu/faculty/hway/expanding-the_san_antonio_toolkit.pdf

May 20, 2009

The Texas Two-Step: Local Resources and Regulations that Increase Affordable Housing

American Bar Association, Forum on Housing and Community Development Law, 18th Annual Conference:

http://www.utexas.edu/law/clinics/community/The_Texas_Two-Step_Local_Resources_and_Regulations_that_Increase_Affordable_Housing.pdf

2007

November 30, 2007

Building Hope: Tools for Transforming Abandoned and Blighted Properties into Community Assets: A Report on Dallas, Texas

A report prepared for Builders of Hope by the Community Development Clinic.

http://www.utexas.edu/law/clinics/community/buildersofhope.pdf

March 31, 2007

Preserving Austin's Multifamily Rental Housing: A Toolkit

A toolkit prepared for HousingWorks Austin by the Community Development Clinic.

http://www.utexas.edu/law/clinics/community/housingworkspaper.pdf