Reframing Housing Policy through Behavioral Public Law: Nudges, Ethics, and Regulatory Design

This article examines how behavioral public law, an interdisciplinary approach that combines legal analysis with insights from behavioral economics, can contribute to the design of more effective, affordable, and sustainable housing policies. It explores the potential of nudging strategies such as choice architecture, default options, and social norm activation to influence housing-related decisions without limiting individual autonomy. Through a critical review of the theoretical literature and empirical case studies, this study identifies five key dimensions for integrating behavioral insights into housing governance: type of nudge, level of intervention, stakeholder involvement, contextual conditions, and legal-ethical safeguards. The analysis reveals that while nudges can enhance policy effectiveness in areas such as energy efficiency, rent compliance, and equitable access, their success is highly context-dependent and contingent on adequate legal regulations and transparency. This study argues for a balanced approach that embeds behavioral tools within broader regulatory and participatory frameworks to ensure ethical legitimacy, inclusiveness, and long-term impact. It aims to contribute to advancing behavioral public law as a robust methodology for addressing complex housing challenges by offering a structured analytical framework and highlighting the promises and limitations of behavioral interventions.