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Review Of The Fight For Fair Housing: Causes, Consequences And Future Implications Of The 1968 Federal Fair Housing Act, Tim Iglesias
Review Of The Fight For Fair Housing: Causes, Consequences And Future Implications Of The 1968 Federal Fair Housing Act, Tim Iglesias
Tim Iglesias
Threading The Needle Of Fair Housing Law In A Gentrifying City With A Legacy Of Discrimination, Tim Iglesias
Threading The Needle Of Fair Housing Law In A Gentrifying City With A Legacy Of Discrimination, Tim Iglesias
Tim Iglesias
Moving Beyond Two-Person-Per-Bedroom: Revitalizing Application Of The Federal Fair Housing Act To Private Residential Occupancy Standards, Tim Iglesias
Tim Iglesias
Moving Beyond the Two-Person-Per-Bedroom Standard: Revitalizing Application of the Federal Fair Housing Act to Private Residential Occupancy Standards
Tim Iglesias
Abstract
New empirical evidence demonstrates that the common residential occupancy standard of two-persons-per-bedroom substantially limits the housing choices of many thousands of families, especially Latinos, Asians and extended families. The federal Fair Housing Act makes overly restrictive policies illegal, but the enforcement practices of the U.S. Department of Housing and Urban Development (HUD) have enabled the two-persons-per-bedroom standard to become de facto law. This article urges HUD to use its regulatory authority to remedy the situation and offers several solutions. …
Our Pluralist Housing Ethics And The Struggle For Affordability, Tim Iglesias
Our Pluralist Housing Ethics And The Struggle For Affordability, Tim Iglesias
Tim Iglesias
Building on recent scholarship, this Article explores the five “housing ethics” that have historically shaped U.S. housing law and policy: (1) housing as an economic good, (2) housing as home, (3) housing as a human right, (4) housing as providing social order, and (5) housing as one land use in a functional system. The “housing ethic” framework brings all of America’s housing law and policy under one conceptual roof. The Article argues that each of these housing ethics is deeply embedded in American housing policy and law, and that none has ever achieved a complete hegemony, i.e., that coexistence and …
Clarifying The Federal Fair Housing Act's Exemption For Reasonable Occupancy Restrictions, Tim Iglesias
Clarifying The Federal Fair Housing Act's Exemption For Reasonable Occupancy Restrictions, Tim Iglesias
Tim Iglesias
This article argues that a deceptively simple “exemption” to the 1988 Fair Housing Act Amendments (FHAA) for “reasonable” governmental occupancy standards has been misinterpreted by numerous courts, particularly by the Sixth Circuit in Affordable Housing Advocates v. City of Richmond Heights, 209 F.3d 626 (6th Cir. 2000). This misinterpretation undercuts the protection from housing discrimination that the FHAA provides for families, especially families of color. This article sorts through the confusion about the “exemption,” provides a step-by-step analysis for courts’ application of the exemption, and offers two plausible versions of a “reasonable” standard.