Struggling homeowners and renters have a champion in Professor Heather Way.
A national expert in housing law and community development, Texas Law alum Way ’96 currently directs the school’s Housing Policy Clinic and teaches in the Entrepreneurship and Community Development Clinic, which she co-founded in 2006. Beyond campus, Way serves on the governing committee of the American Bar Association’s Affordable Housing and Community Development Law Forum and co-chairs the Forum’s Community Development Practitioners and Legal Educators Practice Group.
“I think everyone, regardless of income, should have a stable home in a community where they can thrive,” Way says.
A Texas Hill Country native, Way earned undergraduate degrees in journalism and government from The University of Texas at Austin. During her junior year, she interned in Gov. Ann Richards’ administration in the general counsel’s office, working with lawyers on several public policy projects—and ultimately motivating her to attend law school. As a Texas Law student, Way co-founded the Public Interest Law Association and was named grand chancellor for her class. After graduation, Way clerked for Judge William Wayne Justice of the Eastern District of Texas and served as a Skadden Fellow at Legal Aid of Central Texas.
Now a faculty member, Way’s current scholarship centers on what’s known as heir’s property, which is the legal term for real estate that is inherited by multiple descendants, often without a clear title. She recently won a $200,000 grant from the JPMorgan Chase Foundation to support her research on heirs’ property.
Another major subject of Way’s recent work is the examination of “junk fees” in rental housing—hidden fees that obscure the true price of housing.
Way recently talked with us about her research, why housing represents a major challenge for U.S. cities, and what she loves about working at the university where she was once a student.
How do you describe your academic emphasis?
My work focuses on the legal and policy barriers that undermine low-income families’ housing security and economic mobility.
You’ve recently examined heirs’ property. How do you describe that type of ownership?
Heirs’ property is real property, such as a home or farm, that multiple family members have inherited and continue to co-own together outside an entity structure or trust. As the property passes down across successive generations, the ownership can become highly fractioned and the title highly clouded, making heirs’ property one of the most unstable forms of property ownership. For example, my recent research found that over half of residential property tax foreclosures in Dallas and Tarrant Counties involve heirs’ properties. That’s a striking statistic. But there are policy solutions that my work has been able to identify and develop that would reduce these properties’ vulnerability to foreclosure.
In a related project, I uncovered how state laws across the country prevent heirs’ property homeowners from accessing important tax savings provided by homestead exemptions, and law students and I collaborated on a project to develop policies for removing these barriers. I’m working now on a follow-up project to educate policymakers and community leaders about these obstacles and policy solutions.
Who’s typically impacted by these issues?
These challenges disproportionately impact communities of color in urban areas. My research project has found that heirs’ properties make up as much as one in 10 homes in some historically Black neighborhoods, underscoring how heirs’ property issues intersect with other inequities in housing and asset building.
Is that research interest what brought you to UT and then Texas Law?
I grew up in the Texas Hill Country and arrived at UT as a wide-eyed undergrad back in 1988. I was drawn to UT by the opportunity to attend the state’s flagship public university, everything Austin had to offer, and the affordable tuition—it was just $500 a semester back then!
I entered law school with a strong interest in serving marginalized individuals and communities, though I wasn’t certain which path to take. Initially, I focused on civil rights litigation and spent two summers working in the Civil Rights Division of the Department of Justice. Housing also interested me, but there were no housing-related courses at the time, so I successfully advocated for the creation of a housing clinic during my third year in law school. That hands-on experience was transformative, cementing my interest in housing law and policy and setting me on the path I’m still pursuing today.
You built a legacy while a student at Texas Law. What’s it like to be a professor where you attended law school?
At first, it was intimidating—and it took me awhile to get used to calling my former professors by their first names! But it has been an incredibly rewarding experience to have them as colleagues and contribute to the same institution that shaped my own legal career.
What’s different about Texas Law today?
Having attended the law school in the mid-1990s, I appreciate how much the school’s public interest programming and opportunities have expanded. When I was a student, resources for pursuing public interest careers were limited, so it’s been exciting to see the robust support that’s now available for students. There’s the Pro Bono Program and the Justice Center, numerous public interest organizations, and the law school’s commitment to funding the Summer Public Service Program and postgraduate fellowships.
What do you love about teaching at the law school?
The energy and curiosity that students bring to the classroom. They’re passionate, eager to engage with big ideas, and committed to making an impact.
What makes teaching especially rewarding for me is running a law clinic, where students tackle real-world law and policy challenges for actual clients. Watching the students’ growth over the semester and seeing the tangible impacts they make in their cases is incredibly fulfilling. It’s also a privilege to work alongside such smart, passionate, and supportive colleagues.
Attending UT as an undergrad and law student were both transformative experiences for me. It’s a place where curiosity is encouraged, public service is valued, and you can pursue big ideas.
How does your teaching influence your scholarship, and vice versa?
My students and I work closely with real-life clients facing a range of housing and community development challenges. These hands-on experiences deeply inform my scholarship. At the same time, my scholarship helps me to explore broader legal and policy frameworks and develop innovative solutions, which I then bring back to the clinic and incorporate into the services we provide our clients.
How are housing issues and community development issues linked?
Where we live shapes so many aspects of our lives. Having a home in a safe neighborhood and near quality schools, good jobs, and reliable transportation are all basic amenities families look for.
On the flip side, community development efforts—like investments in infrastructure and public spaces—play a key role in enhancing neighborhoods and improving residents’ quality of life. But if the cost of housing becomes out of reach, the very people who stand to benefit most from these improvements often get pushed out.
What makes housing such a major challenge for Austin and many other U.S. cities?
While supply is critical, it’s only part of the puzzle. A key issue is who has access to the new housing coming online.
Austin, for example, has seen a construction boom in multifamily housing and now has a record-high vacancy rate of nearly 15%. Yet, despite this, housing remains out of reach for many families.
The lesson from Austin is clear: supply alone won’t solve the nation’s housing crisis. Ultimately, we need bold public investments in deeply and permanently affordable housing—homes that are removed from the speculative real estate market. Countries like Austria, Sweden, and Singapore are models for how this can be done. Meanwhile, regulatory and legal interventions should address systemic issues such as junk fees and antitrust violations in the rental housing market.
Can you talk briefly about your recent work on junk fees?
I’ve been working with students on a series of projects to uncover the growing use of junk fees in the residential rental housing market. Renters today face an increasing number of hidden and often questionable fees—charges like “lifestyle fees,” “fire hydrant fees,” and administrative fees—that inflate housing costs and impact tenant’s financial well-being. Some developers receiving tax breaks through affordable housing programs are also charging renters fees that circumvent rent caps in these programs.
My work with students has included developing policy reforms to rein in junk fees, such as through up front disclosure of fees and banning specific types of fees.
Who do you see as the main audience for your work?
My goal is to provide community leaders, policymakers, and anyone working on the ground to improve the lives of low-income families with actionable tools and knowledge to address systemic challenges related to housing and economic mobility.