Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 30 of 41

Full-Text Articles in Law

Do Americans Support More Housing?, Michael Lewyn Jan 2024

Do Americans Support More Housing?, Michael Lewyn

Scholarly Works

An analysis of opinion poll data on housing issues. The article finds that Americans generally believe that their community needs more housing of all types, but are more closely divided about whether such housing should be in their own neighborhoods. The article further finds that members of minority groups, lower-income Americans, and younger Americans are more pro-housing than older, affluent whites.


Using Youtube To Explain Housing, Michael Lewyn Jan 2023

Using Youtube To Explain Housing, Michael Lewyn

Scholarly Works

In 2021, the author ran for Borough President of Manhattan, New York. The author tried to his scholarship into his campaign by producing over twenty Youtube videos, most of which addressed land use and housing policy. The article describes the videos, and evaluates their usefulness.


Does Democracy Justify Zoning?, Michael Lewyn Jan 2022

Does Democracy Justify Zoning?, Michael Lewyn

Scholarly Works

One common argument for restrictive zoning is that zoning is more democratic than allowing landowners to build what they please. This article critiques that claim, suggesting that free markets are equally democratic because they allow for self-rule. Moreover, zoning is less democratic than other forms of government decisionmaking, because zoning hearings are often sparsely attended, and commenters at public meetings are unrepresentative of the public as a whole.


The Case Against The Case For Zoning, Michael Lewyn Nov 2021

The Case Against The Case For Zoning, Michael Lewyn

Scholarly Works

Power points used in a presentation on a work in progress, responding to Christopher Serkin's "Case For Zoning" article at 96 Notre Dame L. Rev. 749.


Bringing Judaism Downtown: A Smart Growth Policy For Orthodox Jews, Michael Lewyn Jan 2021

Bringing Judaism Downtown: A Smart Growth Policy For Orthodox Jews, Michael Lewyn

Scholarly Works

Until the late 20th century, the most rigorously traditional Jews, haredi Jews (often referred to as “ultra-Orthodox”) tended to congregate in New York City. But as New York became more expensive and haredi population grew due to high birth rates, some haredi Jews (known collectively as “haredim”) moved to small towns and outer suburbs in search of cheaper land, sometimes creating towns dominated by haredim such as Kiryas Joel, New York and Lakewood, New Jersey. As haredi populations have continued to grow, their households now seek undeveloped land outside these enclaves. But as haredim move deeper into the countryside, zoning …


The Limits Of Equity, Michael Lewyn Jan 2021

The Limits Of Equity, Michael Lewyn

Scholarly Works

"Equity" is a common buzzword in urban planning circles. However, nearly any land use decision can be justified as more equitable than the alternatives.


Will Zoning Fix Itself?, Michael Lewyn Jan 2021

Will Zoning Fix Itself?, Michael Lewyn

Scholarly Works

Typically, zoning artificially limits housing supply, thus increasing housing costs. One possible defense of this system is that zoning can fix itself- that is, that when rents and housing costs become unusually high, politicians will deregulate and thus reduce housing costs. This article suggests that such a happy result is unlikely; instead, where housing costs spiral out of control, voters and politicians are likely to make regulation even more strict out of a fear of gentrification.


Downtown Condos For The Rich: Not All Bad, Michael Lewyn Jan 2021

Downtown Condos For The Rich: Not All Bad, Michael Lewyn

Scholarly Works

Some new condominiums in urban neighborhoods are too expensive for anyone but the very wealthy. Buyers of these high-cost units include not only wealthy city residents, but also nonresidents who wish to use housing as an investment rather than a residence. Some commentators use this apparent fact as an argument against new market-rate housing generally; they claim that new housing will be purchased by out-of-town investors rather than used by local residents and that those investors will leave housing units empty, rather than renting them out. A related argument is that, even if market-rate condos are purchased by local residents, …


Yimby And Covid-19, Michael Lewyn Jan 2021

Yimby And Covid-19, Michael Lewyn

Scholarly Works

Discusses whether the COVID-19 pandemic strengthens the case for the pro-housing YIMBY (Yes In My Back Yard) movement.


Arlington Heights Won In The Supreme Court But The Fair Housing Act’S Goal Of Promoting Racial Integration Saved The Low-Income Housing, Henry Rose Jan 2019

Arlington Heights Won In The Supreme Court But The Fair Housing Act’S Goal Of Promoting Racial Integration Saved The Low-Income Housing, Henry Rose

Touro Law Review

No abstract provided.


The Least Restrictive Environment For Providing Education, Treatment, And Community Services For Persons With Disabilities: Rethinking The Concept, Donald H. Stone Jan 2019

The Least Restrictive Environment For Providing Education, Treatment, And Community Services For Persons With Disabilities: Rethinking The Concept, Donald H. Stone

Touro Law Review

No abstract provided.


Make New York Affordable Again, Michael Lewyn Jan 2019

Make New York Affordable Again, Michael Lewyn

Scholarly Works

Suggests a package of zoning reforms to hold down New York City housing costs, and responds to counterarguments.


Do You Believe In Ghost Apartments?, Michael Lewyn Jan 2019

Do You Believe In Ghost Apartments?, Michael Lewyn

Scholarly Works

According to the popular press, expensive cities are being overrun by "ghost apartments"- condominiums owned by wealthy foreigners, but used as investments rather than being rented out to local residents. This article points out that such apartments are in fact a very small percentage of housing supply, even in some cities that are supposedly overran with such condos.More importantly, the existence of new “ghost apartments” does not justify exclusionary zoning policies. If a city popular with foreign investors discourages construction of new housing, investors are likely to purchase older housing units, outbidding local residents for those units. In this scenario, …


The Rise Of Market Urbanism, Michael Lewyn Jul 2018

The Rise Of Market Urbanism, Michael Lewyn

Scholarly Works

Compares market urbanism to new urbanism and to defenders of suburban sprawl. Like new urbanists, market urbanists find urban life to be socially valuable, and emphasize that sprawl is not always in line with consumer preferences. But market urbanists are more likely to emphasize the role of government regulation in creating suburbanization, and to oppose anti-sprawl land use regulations.


Explaining Market Urbanism, Michael Lewyn Jan 2018

Explaining Market Urbanism, Michael Lewyn

Scholarly Works

Compares Market Urbanism to New Urbanism and Landscape Urbanism


Does The Threat Of Gentrification Justify Restrictive Zoning?, Michael Lewyn Jan 2017

Does The Threat Of Gentrification Justify Restrictive Zoning?, Michael Lewyn

Scholarly Works

Historically, progressives have opposed restrictive zoning, arguing that by restricting the housing supply to high-end housing, zoning reduces the supply of housing available to lower-income Americans. But recently, some progressives have suggested that new market-rate housing facilitates gentrification and displacement of lower-income renters. This article critically examines that theory.


The Roots Of Expensive Zoning, Michael Lewyn Jan 2016

The Roots Of Expensive Zoning, Michael Lewyn

Scholarly Works

Review of Zoning Rules, by William Fischel.


Two Arguments Against Home-Sharing, Michael Lewyn Jan 2016

Two Arguments Against Home-Sharing, Michael Lewyn

Scholarly Works

Two major arguments against Airbnb and similar home-sharing websites are that they (1) raise housing costs by reducing the supply of housing for long-term rental and (2) adversely affect neighbors of homes being used for home-sharing. This article critiques those arguments.


Access Denied: The Tale Of Two Tenants And Building Amenities, Lauren C. Wittlin Jul 2015

Access Denied: The Tale Of Two Tenants And Building Amenities, Lauren C. Wittlin

Touro Law Review

No abstract provided.


Yes To Infill, No To Nuisance, Michael Lewyn May 2015

Yes To Infill, No To Nuisance, Michael Lewyn

Scholarly Works

This article argues against the use of private nuisance suits to exclude apartments from residential neighborhoods, based on the public interest in affordable housing and walkable infill development.


American Dreams, American Realities, Michael Lewyn Jan 2015

American Dreams, American Realities, Michael Lewyn

Scholarly Works

Review of Zoned In The USA, by Sonia Hirt.


Supreme Court, New York County, Robinson V. Finkel, Denise Shanley Dec 2014

Supreme Court, New York County, Robinson V. Finkel, Denise Shanley

Touro Law Review

No abstract provided.


How Real Is Gentrification?, Michael Lewyn Jan 2014

How Real Is Gentrification?, Michael Lewyn

Scholarly Works

Some commentators argue that gentrification is turning many cities into a playground for the rich. This article rejects that view, pointing out that even relatively affluent cities are still poorer than the average suburb.


The Eastside Exhibition Rule: The De Minimis Exception For Trifles And Trivialities In Partial Actual Evicition Cases In New York, Stephen L. Ukeiley Oct 2013

The Eastside Exhibition Rule: The De Minimis Exception For Trifles And Trivialities In Partial Actual Evicition Cases In New York, Stephen L. Ukeiley

Touro Law Review

No abstract provided.


Sheltering Counsel: Towards A Right To A Lawyer In Eviction Proceedings, Raymond H. Brescia Apr 2013

Sheltering Counsel: Towards A Right To A Lawyer In Eviction Proceedings, Raymond H. Brescia

Touro Law Review

This Article provides an overview of the current arguments presented by advocates who seek to establish a right to counsel for indigent tenants in eviction proceedings and assesses the strength of those arguments in the current political, social, and economic milieu. It is beyond question that the overwhelming majority of low-income tenants are unrepresented in proceedings in which their homes are in jeopardy and having counsel in such proceedings often prevents eviction and homelessness. Preventing those evictions reduces the human cost of homelessness, saves government substantial money by not having to provide shelter to the homeless, and preserves the stock …


Panel Discussion: International, National, And Local Perspectives On Civil Right To Counsel, Andrew Scherer, Martha F. Davis, Debra Gardner, Rosie Mendez, Juanita B. Newton, Adriene Holder, Laura K. Abel Apr 2013

Panel Discussion: International, National, And Local Perspectives On Civil Right To Counsel, Andrew Scherer, Martha F. Davis, Debra Gardner, Rosie Mendez, Juanita B. Newton, Adriene Holder, Laura K. Abel

Touro Law Review

The following is based on a transcript of a panel discussion which took place at An Obvious Truth: Creating an Action Blueprint for a Civil Right to Counsel in New York State, held at Touro Law Center, Central Islip, New York, in March, 2008.


Toward A Right To Counsel In Civil Cases In New York State: A Report Of The New York State Bar Association, Laura K. Abel Apr 2013

Toward A Right To Counsel In Civil Cases In New York State: A Report Of The New York State Bar Association, Laura K. Abel

Touro Law Review

No abstract provided.


A Quiet Crisis In America: Meeting The Affordable Housing Needs Of The Invisible Low-Income Healthy Seniors, Patricia E. Salkin Jan 2009

A Quiet Crisis In America: Meeting The Affordable Housing Needs Of The Invisible Low-Income Healthy Seniors, Patricia E. Salkin

Scholarly Works

Part I of this article discusses population statistics in greater detail, exploring available financial demographics of seniors and showing that many seniors are likely to be in need of affordable housing today, and that many more will likely join this group in the future. Part II discusses the role of the federal and state governments in providing affordable senior housing and concludes that these programs have typically failed to yield effective results on a wide enough basis. Part III focuses on the impact that local governments can have immediately in helping to address the affordable senior housing crisis through the …


Section 1983 Cases In The October 2004 Term, Martin A. Schwartz Jan 2006

Section 1983 Cases In The October 2004 Term, Martin A. Schwartz

Touro Law Review

No abstract provided.


Fair Housing Act (Symposium: The Supreme Court And Local Government Law: The 1994-95 Term), Leon D. Lazer Jan 1996

Fair Housing Act (Symposium: The Supreme Court And Local Government Law: The 1994-95 Term), Leon D. Lazer

Scholarly Works

No abstract provided.