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Full-Text Articles in Law

Illegal Substance Abuse And Protection From Discrimination In Housing And Employment: Reversing The Exclusion Of Illegal Substance Abuse As A Disability, Leslie P. Franics Sep 2019

Illegal Substance Abuse And Protection From Discrimination In Housing And Employment: Reversing The Exclusion Of Illegal Substance Abuse As A Disability, Leslie P. Franics

Utah Law Review

When landlords or employers know that someone is using opioids, either legally or illegally, the consequences can be significant. Rental housing or employment are both critical to well-being, yet may be at particularly high risk. As this Article argues below, legal protections in these areas are inadequate. To summarize the argument briefly, a crucial legal problem for people suffering from substance abuse disorders is that current illegal use of controlled substances is excluded from the definition of disability in federal anti-discrimination statutes. A history of substance abuse is a disability protected from discrimination, but recent relapses vitiate this protection. Relatedly ...


The Short-Term Rental Economy In Rural Maine Communities: An Opportunity For Economic Growth Instead Of A Target For Regulation, Nicholas E. Anania Aug 2019

The Short-Term Rental Economy In Rural Maine Communities: An Opportunity For Economic Growth Instead Of A Target For Regulation, Nicholas E. Anania

Maine Law Review

State and local governments across the country are grappling with the rise of short-term housing rentals and how to enact effective regulation regarding their use. The increase of short-term rentals (STRs) is almost entirely the result of online platforms that make STRs easy, efficient, and accessible. While STRs undoubtedly have positive economic outcomes for both property owners and local economies, there are also many negative repercussions which must be effectively regulated. Regulation in this area reflects differing priorities and viewpoints of states and municipalities. Specifically, rural Maine municipalities, many of which are popular seasonal destinations, face not only the challenges ...


Building A Community Base For Housing Development In The 1990s: A Modest Proposal For Buffalo, New York, George M. Hezel Jul 2019

Building A Community Base For Housing Development In The 1990s: A Modest Proposal For Buffalo, New York, George M. Hezel

George Hezel

No abstract provided.


Vouchers And Affordable Housing: The Limits Of Choice In The Political Economy Of Place, Rigel C. Oliveri Jul 2019

Vouchers And Affordable Housing: The Limits Of Choice In The Political Economy Of Place, Rigel C. Oliveri

Faculty Publications

America's housing segregation problem, and the direct role of government and private actors in creating it, is well documented. What to do about it is less clear. And even when consensus develops about particular strategies, they can be difficult to implement because of significant headwinds that impede change. These headwinds-including market forces, government policies, and private prejudices-continue to stymie progress, and even well-intentioned reform efforts can fail at best and lead to negative consequences at worst. This piece seeks not to provide answers, but rather to describe one such set of reforms and headwinds and to propose some modest ...


Things Fall Apart (Next Door): Discriminatory Maintenance And Decreased Home Values As The Next Fair Housing Battleground, Michelle Y. Ewert Jun 2019

Things Fall Apart (Next Door): Discriminatory Maintenance And Decreased Home Values As The Next Fair Housing Battleground, Michelle Y. Ewert

Brooklyn Law Review

Banks that once preyed on communities of color through predatory lending now drive property values down by failing to adequately maintain foreclosed properties they own in those neighborhoods. Declining home values are especially destructive in communities of color because the family home is often a household’s most significant asset and, thus, the key to accumulating wealth and creating opportunity. This article argues that neighboring homeowners whose property values have declined as a result of banks’ discriminatory maintenance of foreclosed properties have standing to sue those banks under the Fair Housing Act (FHA). This article explores historic barriers to homeownership ...


California Rural Legal Assistance Employment Education Outreach Project, Daisy Leon Melendrez May 2019

California Rural Legal Assistance Employment Education Outreach Project, Daisy Leon Melendrez

Capstone Projects and Master's Theses

California Rural Legal Assistance is a nonprofit law firm that provides no cost legal services to low-income individuals in Santa Cruz County. The social problem is that too many workers face employment rights violations. The agency problem is a reduction in the number of people seeking employment legal services from CRLA. This outreach project focused on spreading awareness of CRLA’s employment legal services by attending local grocery stores and farmer’s market, with the purpose of promoting agency’s services to the community. Agency materials were distrusted and a questionnaire was used to determine why people are not seeking ...


Air Banned And Barred: Why New York City's Affordable Housing Crisis Has No Room For Short-Term Rentals, Wilson Chow May 2019

Air Banned And Barred: Why New York City's Affordable Housing Crisis Has No Room For Short-Term Rentals, Wilson Chow

Brooklyn Journal of Corporate, Financial & Commercial Law

In August 2018, New York City passed a law that required short-term rental websites to disclose information about their users who host in the city. Airbnb, the largest short-term rental company, filed suit with hopes of having short-term rentals legalized. The law stems from the city’s efforts to amelioerate its affordable housing crisis. With over 8.5 million residents living in a tight housing market, New York City should not allow home owners or rental tenants to commercialize their property into de facto hotels that will likely provide accommodations to tourists. This Note will examine the recent law’s ...


Rwu Law: The Magazine Of Roger Williams University School Of Law (Issue 10, 25th Anniversary Issue) (May 2019), Roger Williams University School Of Law May 2019

Rwu Law: The Magazine Of Roger Williams University School Of Law (Issue 10, 25th Anniversary Issue) (May 2019), Roger Williams University School Of Law

RWU Law

No abstract provided.


Dismantling Mid-Century Urban Renewal: A Community-Based Approach For The Future Of New York City, Alia Soomro May 2019

Dismantling Mid-Century Urban Renewal: A Community-Based Approach For The Future Of New York City, Alia Soomro

Brooklyn Law Review

Despite more than half a century since urban renewal programs were first established throughout the United States, these urban development programs are still negatively associated with the destruction of communities, displacement, and poor urban planning practices. While many jurisdictions continue to utilize state urban renewal legislation, few of these jurisdictions have actually addressed the future of urban renewal programs. This note focuses on urban renewal in New York City, where many of these plans are about to expire, and asks whether urban renewal programs—with its infamous history—can be utilized in an equitable and sustainable way. Analyzing Local Law ...


Fighting The Undead: Why States Should Use Forced Vesting To Kill Zombie Mortgages, Roman Ibragimov Apr 2019

Fighting The Undead: Why States Should Use Forced Vesting To Kill Zombie Mortgages, Roman Ibragimov

Boston College Law Review

Following the financial crisis, many home mortgage borrowers found themselves living in properties encumbered by debt that far exceeded their value. The result was an increase in mortgage default rates, followed by a wave of foreclosures as lenders scrambled to minimize the financial damage to their investments. From the wreckage, a new creature emerged that threatened to devastate borrowers who believed that foreclosure was their chance for a fresh start: the zombie mortgage. With a spike in lenders failing or declining to foreclose on properties, borrowers were unexpectedly facing an unwanted burden of homeownership that would cause them and their ...


The Right To Housing: Possessing Home In California, Golden Gate University School Of Law Apr 2019

The Right To Housing: Possessing Home In California, Golden Gate University School Of Law

GGU Law Review Blog

In an area where the median home costs $820,000, San Francisco’s Bay Area is currently experiencing an affordable housing crisis. Unsurprisingly 25,951 people lack stable housing in the Bay Area. A recent Brookings Institute income inequality study ranked the San Francisco metropolitan area (including San Mateo, Alameda, Contra Costa and Marin Counties) the third highest in income inequality in the United States. In the Bay Area, where the median fair market rate for a two bedroom apartment is $3,121, the highest earners were making eleven times more than the lowest.

Among those most affected by the ...


Supbrime Lending/Foreclosure Crisis, Jacob Rugh Apr 2019

Supbrime Lending/Foreclosure Crisis, Jacob Rugh

Faculty Publications

Subprime mortgage lending in the USA rose alongside home prices and lasted about 15 years, ending abruptly in late 2007, setting off a national foreclosure crisis. Between 2007 and 2012 there were 9 to 12 million foreclosures filings and 4 to 5 million completed foreclosures. The ensuing foreclosure crisis stemmed more from falling home prices but its unequal distribution across society by race and space was also the product of legacies of exclusion and a shared consensus on the expansion of mortgage credit and home ownership. Modest federal interventions to buffer communities and homeowners from the crisis likely reinforced the ...


Commercial-Property Leases As A Means For Private Environmental Governance, Darren A. Prum Apr 2019

Commercial-Property Leases As A Means For Private Environmental Governance, Darren A. Prum

Georgia State University Law Review

Commercial-property leases as a means for private environmental governance routinely get overlooked despite their noticeable presence. The applicable theoretical models used in environmental law and the standards that typically measure legal activity fail to detect the commercial-property lease as a regulatory action as well. Moreover, the public and positive law and policy approach of the past that heavily relied on administrative authority now follows more of a private law and governance approach. The private law and governance approach responds to the marketplace where standards are set, enforcement occurs, and dispute resolution takes place between parties involved in the transaction outside ...


Desegregating Schooling In Hartford, Connecticut: The 1996 Sheff V. O’Neill Court Case And Two Decades Of Integration Policy, Adam Bloom Apr 2019

Desegregating Schooling In Hartford, Connecticut: The 1996 Sheff V. O’Neill Court Case And Two Decades Of Integration Policy, Adam Bloom

Senior Theses and Projects

No abstract provided.


Homelessness In London, Ontario: Assessing The Sustainability Of Housing First In Light Of A Shift To Models Of Prevention, Kayla May Mar 2019

Homelessness In London, Ontario: Assessing The Sustainability Of Housing First In Light Of A Shift To Models Of Prevention, Kayla May

Western Research Forum

Background: Housing First (HF) is internationally recognized as an evidence-based model for the development of programs that target homelessness. In London, Ontario, there are a handful of HF programs and research has investigated their efficacy. However, HF is only effective for "managing" homelessness, whereas prevention is also needed. Through a recent update of Canada’s national funding for homelessness, municipalities are seeing an increase in resources to prevent homelessness. With additional funding on offer, research needs to move beyond questions of HF efficacy and instead ask how to fully evolve a system of both responsive and preventative models.

Objectives: (1 ...


Why Consumer Defendants Lump It, Emily S. Taylor Poppe Mar 2019

Why Consumer Defendants Lump It, Emily S. Taylor Poppe

Northwestern Journal of Law & Social Policy

No abstract provided.


Bank Of America Corporation V. City Of Miami, Veronica Nicholson Mar 2019

Bank Of America Corporation V. City Of Miami, Veronica Nicholson

Ohio Northern University Law Review

No abstract provided.


Bringing Home The Right To Housing To Advance Urban Sustainability, Lisa Alexander Mar 2019

Bringing Home The Right To Housing To Advance Urban Sustainability, Lisa Alexander

Lisa T. Alexander

No abstract provided.


More Color More Pride: Addressing Structural Barriers To Interracial Lgbtq Loving, Praatika Prasad Mar 2019

More Color More Pride: Addressing Structural Barriers To Interracial Lgbtq Loving, Praatika Prasad

Fordham Law Review Online

Through an examination of State-supported racial structures, this Essay illustrates that even after the legalization of interracial and same-sex marriages, the State’s control over housing, education, and employment prospects impedes the formation of interracial LGBTQ relationships. This Essay suggests that reducing residential segregation can be a first step in dismantling structural barriers to interracial LGBTQ loving, as truly integrated housing would increase cross-racial contact, lead to better educational and employment outcomes, and give LGBTQ people of color a chance to improve their social capital. This, together with altering how issues of race are framed within the LGBTQ community, will ...


Affordable Housing: Of Inefficiency, Market Distortion, And Government Failure, Michael R. Diamond Mar 2019

Affordable Housing: Of Inefficiency, Market Distortion, And Government Failure, Michael R. Diamond

Georgetown Law Faculty Publications and Other Works

In this essay, I examine the types of costs that are imposed on society as a whole due to the absence of a sufficient number of decent housing units that are affordable to the low-income population. These costs present themselves in relation to health care, education, employment, productivity, homelessness, and incarceration. Some of the costs are direct expenditures while others are the result of lost opportunities.

My hypothesis is that these costs are significant and offer, at the very least, a substantial offset to the cost of creating and subsidizing the operation of the necessary number of affordable housing units ...


Table Of Contents, Seattle University Law Review Feb 2019

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.


When A Tent Is Your Castle: Constitutional Protection Against Unreasonable Searches Of Makeshift Dwellings Of Unhoused Persons, Evanie Parr Feb 2019

When A Tent Is Your Castle: Constitutional Protection Against Unreasonable Searches Of Makeshift Dwellings Of Unhoused Persons, Evanie Parr

Seattle University Law Review

This Note will argue that all jurisdictions should follow the Washington State Court of Appeals, Division II in validating makeshift dwellings used by people experiencing homelessness as spaces protected from unwarranted police intrusions by shifting evaluations of “reasonable expectations of privacy” to a more equitable standard that appreciates the realities of economic disparity. This approach to constitutional protections against unreasonable searches and seizures is imperative to protect the rights of people experiencing homelessness, given that such individuals are regularly subjected to invasions of privacy and heightened exposure to the criminal justice system.


Midat Sodom And The Housing Affordability Crisis, Michael Lewyn Feb 2019

Midat Sodom And The Housing Affordability Crisis, Michael Lewyn

Michael E Lewyn

Ancient Jewish texts states that the city of Sodom was overthrown because of its hostility to hospitality. Today, American cities often limit new housing; is this policy analogous to midat Sodom (Hebrew for "the ways of Sodom")? What arguments justify these policies, and what counter-arguments are relevant to those arguments?


Path To Destruction: Cook County's Property Tax System Is A Cause For Concern As It Mimics The Defunct Taxing Procedures That Led To The Detroit Foreclosure Crisis, Robert Romano Feb 2019

Path To Destruction: Cook County's Property Tax System Is A Cause For Concern As It Mimics The Defunct Taxing Procedures That Led To The Detroit Foreclosure Crisis, Robert Romano

Chicago-Kent Law Review

For decades, Cook County, Illinois, has had one of the highest property tax rates in the country, and as a result the County has begun to experience unprecedented foreclosure rates which has contributed, in part, to the State’s significant population decline. Residents are forced to endure a property tax system that disproportionately burdens low-income homeowners, while providing tax breaks to higher-income individuals and commercial owners. The primary causes and characteristics of Cook County’s defunct property tax system are strikingly similar to those that sent the City of Detroit spiraling into bankruptcy in 2013.

This note provides a comparative ...


Anti-Social Behaviour, Expulsion From Condominium, And The Reconstruction Of Ownership, Douglas C. Harris Feb 2019

Anti-Social Behaviour, Expulsion From Condominium, And The Reconstruction Of Ownership, Douglas C. Harris

Douglas C Harris

Statutory condominium regimes facilitate massive increases in the density of owners. The courts are responding to this spatial reorganization of ownership by reconstructing what it means to be the owner of an interest in land. This article analyzes the ten cases over eight years (2008-2015) in which Canadian courts grant eviction and sale orders against owners within condominium for anti-social behaviour. The expulsion orders are new. Until these cases, ownership within condominium in Canadian common law jurisdictions was thought to be as robust as ownership outside condominium such that owners could not be evicted from and forced to sell their ...


Fighting For The Right To Housing In Canada, Tracy Heffernan, Fay Faraday, Peter Rosenthal Jan 2019

Fighting For The Right To Housing In Canada, Tracy Heffernan, Fay Faraday, Peter Rosenthal

Fay Faraday

This paper examines Tanudjaja v Attorney General—the “Right to Housing” case. The authors, co-counsel on the case, discuss the context of the case, the nature of the application, and the legal underpinnings of the section 7 and 15 Canadian Charter of Rights and Freedoms claims, including positive obligations under the Charter and international law, innovative procedure taking a systemic approach to challenging oppressive legislation, and innovative supervisory orders. The authors examine the procedural and substantive implications of the provincial and federal governments’ move to strike the case, parse the Ontario Superior Court of Justice and Ontario Court of Appeal ...


When Deciding Whether To Allow A Taking Of Property We Need To Ask What We Want Property Rights To Do, Douglas C. Harris Jan 2019

When Deciding Whether To Allow A Taking Of Property We Need To Ask What We Want Property Rights To Do, Douglas C. Harris

Douglas C Harris

In recognition of the dangers inherent to a regime that enables a majority of owners to terminate the individual property interests of a dissenting minority, the Strata Property Act requires that strata corporations secure court confirmation of dissolution votes. Not surprisingly, the shift to a lower dissolution threshold, the rapidly rising land values in British Columbia’s urban centres, and the increased costs of maintaining aging buildings, have precipitated a growing number of dissolution votes and a steady flow of applications to the British Columbia Supreme Court (BCSC) to confirm the votes.


Regulating Short-Term Accommodation Within Condominium, Douglas C. Harris Jan 2019

Regulating Short-Term Accommodation Within Condominium, Douglas C. Harris

Douglas C Harris

Owning land within condominium, or strata property as it is known in British Columbia, includes holding an individual strata lot, a share of the common property, and the right to participate in governing the uses of the private and common property. Owners participate in governing through membership and voting rights in a strata corporation which has the responsibility to maintain the common property and the authority to establish bylaws that restrict the use of the common and private property. The corollary of membership and a voice in the affairs of the strata corporation is a duty to accept its governing ...


Owning And Dissolving Strata Property, Douglas C. Harris Jan 2019

Owning And Dissolving Strata Property, Douglas C. Harris

Douglas C Harris

Strata or condominium property creates multiple privately owned lots or units within an association of owners. Dissolving strata property involves winding-up the association and terminating the private interests. As a result, the non-consensual dissolution of strata property involves the taking of property from those owners who oppose dissolution. The owners of individual lots become co-owners of the land formerly within the association, but the non-consenting owners have their property interests in separate lots taken from them. Beginning with the observation that non-consensual dissolution of strata property results in a taking of property, this article analyzes British Columbia’s move to ...


Housing, Healthism, And The Hud Smoke-Free Policy, Dave Fagundes, Jessica L. Roberts Jan 2019

Housing, Healthism, And The Hud Smoke-Free Policy, Dave Fagundes, Jessica L. Roberts

Northwestern University Law Review

On July 30, 2018, the U.S. Department of Housing and Urban Development (HUD) rule prohibiting residents of public housing from smoking within twenty-five feet of any housing project took effect. These new regulations—HUD’s “smoke-free policy”—received near-universal acclaim as a means to improve public health, in particular by reducing vulnerable populations’ exposure to secondhand smoke. This Essay analyzes the smoke-free policy from the perspective of healthism—discrimination on the basis of health status. We argue that banning public housing residents from smoking is unfairly discriminatory for a variety of reasons. To start, the rule may not achieve ...