Law Commons^™

Note: City Of Oakland V. Wells Fargo Co.: Examining The Proximate Cause Standard Under The Fair Housing Act, Ava Lau-Silveira

Golden Gate University Law Review

The Financial Services Modernization Act of 1999 partially deregulated the financial industry under the premise of helping “everyone attain the American dream of home ownership.” In 1999, the “Fannie Mae” made subprime mortgage loans readily accessible to those who normally would not qualify. People in Oakland, who “used to find it difficult to obtain mortgages,” were suddenly able to obtain mortgage loans, but with subprime terms, which started with low monthly payments, but would increase based on changes in the market interest rates. By 2008, subprime borrowers began defaulting on their loans at an unprecedented rate.

During the 2008 mortgage …

Looking For A Home: How Micro-Housing Can Help California, Dawn Withers

Golden Gate University Environmental Law Journal

Humans have long shared small homes and small communal spaces. In the Middle Ages, it was common for many people to share a bed and for many people to share a room. Pilgrims lived in homes of about 165 square feet, and German farmers in nineteenth-century Texas built 200-square-foot homes for use on the weekends when they came to town. After the 1906 earthquake, San Francisco built 140-square-foot homes to shelter survivors.

Continuing the tradition of living in small quarters is no simple task in the modern era. How and where we live is not determined by us alone but …

California's Anti-Discrimination Legislation, Proposition 14, And The Constitutional Protection Of Minority Rights: The Fiftieth Anniversary Of The California Fair Employment And Housing Act, David B. Oppenheimer

Golden Gate University Law Review

Fifty years ago, in 1959, the State of California outlawed racial discrimination in employment. But it took the California Legislature four more years to prohibit racial discrimination in private housing, and the immediate response was a successful campaign by the real-estate industry to repeal the law through a voter initiative. This essay tells the story of that campaign and the courageous judicial decisions that nullified the initiative.

Justifying Discrimination: How The Ninth Circuit Circumvented The Intent Of The Fair Housing Act, Katherine Brinson

Golden Gate University Law Review

This Note argues that the test applied by the Ninth Circuit in Community House was unreasonably inflexible and inconsistent with the goals of the Fair Housing Act, and that, by allowing for only limited, inflexible exceptions, the court foreclosed an opportunity to expand free or affordable housing for homeless women, men, and families. By contrast, a more flexible approach that weighs the adverse impact on the alleged victim against the benefits of the offered justifications, would better serve the purposes of the Fair Housing Act by allowing each community to maximize the housing opportunities it offers.

Housingdiscrimination.Com?: The Ninth Circuit (Mostly) Puts Out The Welcome Mat For Fair Housing Act Suits Against Roommate-Matching Websites, Diane J. Klein, Charles Doskow

Golden Gate University Law Review

This Article illuminates the bases of the Ninth Circuit's decision in Fair Housing Council v. Roommates.com and clarifies the issues on remand.

City Of Edmonds V. Oxford House, Inc.: Opening Doors To Housing For Handicapped Persons, Michelle R.K. Todus

Golden Gate University Law Review

This note will begin with an examination of the Edmond Court's reasoning, and follow with a brief discussion of Oxford House and the FHA. Next, the important role Oxford House has played in challenging discriminatory housing practices will be summarized. This note will then examine the Congressional intent behind the FHA, concluding with a brief exploration of the national impact this decision may have on handicapped persons and local ordinances.

Residence Restrictions On Custodial Parents: Sex-Based Discrimination?, Alix Gravenstein Pastis

Golden Gate University Law Review

Residence restrictions are frequently imposed on the custodial, but not the noncustodial, parent. These restrictions come into play when the custodial parent wishes to move with the child, the noncustodial parent opposes the move, and a court is called upon to resolve the dispute. The court will do so based upon a determination of what it judges to be in the best interests of the child. The best interests inquiry ultimately resolves itself into a question of whether the custodial parent's reasons for making the move are sufficiently substantial to outweigh the noncustodial parent's interest in existing visitation privileges. A …

Fisher V. City Of Berkeley: Applying Due Process And Preemption To Rent Control Ordinances, Scott T. Dunning

Golden Gate University Law Review

In Fisher v. City of Berkeley, the California Supreme Court addressed the validity of Berkeley's latest rent control ordinance. With the exception of a retaliatory eviction provision, the court upheld the ordinance against all challenges. These challenges included alleged due process violations, and claims that certain provisions in the ordinance were preempted by state law. The Fisher court discussed five relevant issues: 1) the facial validity of the ordinance's rate of return standard; 2) the facial validity of the ordinance's rate adjustment procedures; 3) whether the ordinance constitutes an unreasonable restraint on the alienation of property; 4) the validity of …

California's Housing Element Guidelines And The Housing Crisis, Michael Rawson

Golden Gate University Law Review

No abstract provided.

Lender Liability For Failure To Enforce Life-Threatening Housing Code Violations, Eric B. Rasmussen

Golden Gate University Law Review

No abstract provided.

Birkenfeld V. City Of Berkeley: Blueprint For Rent Control In California, Michael L. Marowitz

Golden Gate University Law Review

No abstract provided.

The Right To A Decent Home, Stephen Nathan Dorsi

Golden Gate University Law Review

No abstract provided.

Housing Law Handbooks: Legal Self-Help For The Intended Beneficiaries, Helen Shapiro

Golden Gate University Law Review

No abstract provided.