Law Commons^™

Fair Housing In The 1990'S: An Overview Of Recent Developments And Prognosis Of Their Impact, 22 J. Marshall L. Rev. 421 (1989), F. Caruso, William Jones

F. Willis Caruso

No abstract provided.

Fair Housing Modifications And Accommodations In The '90s, 29 J. Marshall L. Rev. 331 (1996), F. Caruso

F. Willis Caruso

No abstract provided.

Impact Fees And Housing Affordability: A Guidebook, Julian Juergensmeyer, A. Nelson

Julian C. Juergensmeyer

Impact fees are one-time charges applied to new development. Impact fees are a form of land-use regulation designed to assure that communities maintain adequate levels of public facilities in the face of growth. The resulting revenue generated for the construction or expansion of new facilities is coincidental to their land-use regulatory (i.e. police power) purpose. Were it not for growth many communities would have adequate public facilities and often if growth is at a manageable pace adequate public facilities can be provided concurrent with the impacts of growth. To assure adequate public facilities, impact fees are assessed and dedicated principally …

Housing Law Training, Alan Minuskin

Alan D. Minuskin

Avoiding The Recharacterization Of Certain Deed-In-Lieu-Of-Foreclosure Transactions: Ensuring That What You Draft Is What You Get, 110 Banking L.J. 330 (1993), Debra Stark

Debra Pogrund Stark

No abstract provided.

A Cognitive And Social Psychological Analysis Of Disclosure Laws And Call For Mortgage Counseling To Prevent Predatory Lending, 16 Psychol. Pub. Pol'y & L. 85 (2010), Debra Stark, Jessica Choplin

Debra Pogrund Stark

No abstract provided.

New Developments In Enforcing Prepayment Charges After Acceleration Of A Mortgage Loan, 26 Real Prop. Prob. & Tr. J. 213 (1991), Debra Stark

Debra Pogrund Stark

No abstract provided.

Become A Hero To A Family In Need - Predatory Lenders Beware, 18 Prob. & Prop. 9 (2004), Debra Stark

Debra Pogrund Stark

No abstract provided.

The Home Mortgage Foreclosure Crisis: Lessons Learned

Patricia A. McCoy

Presentation of book chapter which explores the lessons learned from the nation's home mortgage loss mitigation initiatives.

Re-Establishment Of Bankruptcy Review Of Oppressive Foreclosure Sales: The Interaction Of Avoidance Powers As Applied To Creditors Bid-Ins, Basil Mattingly

Basil H. Mattingly

No abstract provided.

Inclusionary Eminent Domain, Gerald S. Dickinson

Gerald S. Dickinson

This article proposes a paradigm shift in takings law, namely “inclusionary eminent domain.” This new normative concept – paradoxical in nature – rethinks eminent domain as an inclusionary land assembly framework that is equipped with multiple tools to help guide municipalities, private developers and communities construct or preserve affordable housing developments. Analogous to inclusionary zoning, inclusionary eminent domain helps us think about how to fix the “exclusionary eminent domain” phenomenon of displacing low-income families by assembling and negotiating the use of land – prior to, during or after condemnation proceedings – to accommodate affordable housing where condemnation threatens to decrease …

Exclusionary Zoning Enforcement, Passé Or Alive And Kicking?, Tim Iglesias

Tim Iglesias

This article reviews several recent state cases challenging zoning actions as exclusionary. It identifies patterns in the cases and finds that under certain circumstances courts will limit local governments’ exclusionary actions.

Housing 101, Tim Iglesias

Tim Iglesias

This presentation is a primer on how housing (particularly affordable housing) is developed and the challenges it faces.

Throw The Book At Them: Testing Mortgagor Remedies In Foreclosure Proceedings After U.S. Bank V. Ibanez, Claire Ward

Claire Alexis Ward

This article takes one state, Massachusetts, as its focus for a perspective on the residential mortgage foreclosure crisis. U.S. Bank v. Ibanez, in early 2011, signaled a changing tide which began to hold banks accountable for the shoddy practices they frequently used to foreclose. However, the promise of Ibanez was unfulfilled as successor cases failed to follow through with its vision. Mortgagor actions brought in the trial courts to prevent foreclosure have been unsuccessful with the elemental actions based in consumer protection, contract, and equity. However, this article proposes new and novel solutions to force banks to be held accountable …

Housing And Community Development: Cases And Materials, James A. Kushner, Charles E. Daye, Peter W. Salsich Jr., Henry W. Mcgee Jr., W. Dennis Keating, Barbara L. Bezdek, Otto J. Hetzel, Daniel R. Mandelker, Robert M. Washburn

Barbara L Bezdek

The fourth edition of Housing and Community Development presents a fresh and comprehensive look at housing law and policy with full coverage of the foreclosure crisis and its aftermath, exploring housing policies and neighborhood revitalization policies to address the new urban reality. It also discusses the issue of sustainability and the relationship between community development, housing, and climate change. The book contains materials covering housing policy and litigation; tenants’ rights in the private and public spheres; urban redevelopment, including a comprehensive look at Kelo v. New London, including its setting and aftermath; and a completely revised section of the book …

Reflections On Fair Housing Law, Tim Iglesias

Tim Iglesias

This presentation offered reflections on the state of fair housing law in light of numerous studies evaluating its effectiveness. It argues that while enforcement needs to be improved, fair housing advocates must also employ complementary strategies to reform social norms.

A Thirteenth Amendment Critique Of Residential Sexual Harassment, Aric Short

Aric Short

No abstract provided.

Constitutional Protection Against Sexual Harassment In Housing, Aric Short

Aric Short

No abstract provided.

The Home Mortgage Disclosure Act: A Synopsis And Recent Legislative History

Patricia A. McCoy

This article describes the provisions of the federal Home Mortgage Disclosure Act (HMDA), tracing its legal evolution since 1989, when Congress expanded HMDA to require reporting of home mortgage lending by ethnicity and race. HMDA requires most lenders to report the demographic makeup and geographic distribution of home mortgages to the federal government. The 1989 amendments and later developments transformed HMDA from a law exclusively concerned with geographic disinvestment to one concerned with lending disparities by ethnicity and race. In the process, HMDA evolved from an obscure reporting statute to a flashpoint for debates over lending discrimination and subprime lending.

Sexual Harassment In Housing As Involuntary Servitude, Aric Short

Aric Short

No abstract provided.

Exploiting The Most Vulnerable: Housing Harassment At The Junction Of Race, Gender, And Poverty, Aric Short

Aric Short

No abstract provided.

The Forgotten Role Of Harassment In Residential Segregation, Aric Short

Aric Short

No abstract provided.