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Articles 1 - 23 of 23

Full-Text Articles in Law

New York City's "Universal Access" Legislation: One Giant Leap For The Civil Right To Counsel, Andrew Scherer Jan 2017

New York City's "Universal Access" Legislation: One Giant Leap For The Civil Right To Counsel, Andrew Scherer

Articles & Chapters

No abstract provided.


The Harms Of Race-Neutrality In Obama-Era Affordable Housing Policy, Richard D. Marsico Jan 2017

The Harms Of Race-Neutrality In Obama-Era Affordable Housing Policy, Richard D. Marsico

Articles & Chapters

No abstract provided.


Commentary On Evan Mckenzie, The Relationship Between The Rise Of Private Communities And Increasing Socioeconomic Stratification, Gerald Korngold Jan 2016

Commentary On Evan Mckenzie, The Relationship Between The Rise Of Private Communities And Increasing Socioeconomic Stratification, Gerald Korngold

Articles & Chapters

No abstract provided.


Private Regimes In The Public Sphere: Optimizing The Benefits Of Common Interest Communities, Gerald Korngold Jan 2015

Private Regimes In The Public Sphere: Optimizing The Benefits Of Common Interest Communities, Gerald Korngold

Articles & Chapters

No abstract provided.


The Price Of Equal Justice: How Establishing A Right To Counsel For People Who Face Losing Their Homes Helps Tackle Economic Inequality, Andrew Scherer Jan 2015

The Price Of Equal Justice: How Establishing A Right To Counsel For People Who Face Losing Their Homes Helps Tackle Economic Inequality, Andrew Scherer

Articles & Chapters

No abstract provided.


Cutting Municipal Services During Fiscal Crisis: Lessons From The Denial Of Services To Condominium And Homeowner Association Owners, Gerald Korngold Jan 2012

Cutting Municipal Services During Fiscal Crisis: Lessons From The Denial Of Services To Condominium And Homeowner Association Owners, Gerald Korngold

Articles & Chapters

No abstract provided.


Looking Back And Looking Ahead As The Home Mortgage Disclosure Act Turns Thirty-Five: The Role Of Public Disclosure Of Lending Data In A Time Of Financial Crisis, Richard D. Marsico Jan 2010

Looking Back And Looking Ahead As The Home Mortgage Disclosure Act Turns Thirty-Five: The Role Of Public Disclosure Of Lending Data In A Time Of Financial Crisis, Richard D. Marsico

Articles & Chapters

This article examines the history of the Home Mortgage Disclosure Act (HMDA) and makes proposals for improving it to help prevent another economic crisis. Passed in 1975, HMDA requires most lenders to disclose information about their home mortgage loans, including the number of home mortgage applications it received; the purpose of each application; the type of loan; the decision on the application; the race, gender, and income of the loan applicant/borrower; the location of the loan and the median income and racial composition of the neighborhood; and the interest rate on the loan. HMDA was originally conceived of as ...


Racial Disparities In Subprime Home Mortgage Lending In New York City: Meaning And Implications, Richard D. Marsico, Jane Yoo Jan 2009

Racial Disparities In Subprime Home Mortgage Lending In New York City: Meaning And Implications, Richard D. Marsico, Jane Yoo

Articles & Chapters

No abstract provided.


Solving The Contentious Issues Of Private Conservation Easements: Promoting Flexibility For The Future And Engaging The Public Land Use Process, Gerald Korngold Jan 2007

Solving The Contentious Issues Of Private Conservation Easements: Promoting Flexibility For The Future And Engaging The Public Land Use Process, Gerald Korngold

Articles & Chapters

Over the past thirty years, statutes have reversed the common law and authorized private conservation organizations to hold conservation easements "in gross." These interests allow nonprofits to control the use and development of the burdened property by preventing alterations of the natural and ecological features. Conservation easements can be held by organizations geographically distant from the restricted land.

Conservation easements bring great benefits as they support conservation, represent private initiative, yield efficiency benefits, and exemplify freedom of choice of property owners. There are costs, however: significant federal and state tax subsidies, the lack of coordinated planning and public process, class ...


Why People Who Face Losing Their Homes In Legal Proceedings Must Have A Right To Counsel, Andrew Scherer Jan 2006

Why People Who Face Losing Their Homes In Legal Proceedings Must Have A Right To Counsel, Andrew Scherer

Articles & Chapters

No abstract provided.


Securing A Civil Right To Counsel: The Importance Of Collaborating, Andrew Scherer Jan 2006

Securing A Civil Right To Counsel: The Importance Of Collaborating, Andrew Scherer

Articles & Chapters

No abstract provided.


Democratizing Capital: The History, Law, And Reform Of The Community Reinvestment Act, Richard D. Marsico Jan 2005

Democratizing Capital: The History, Law, And Reform Of The Community Reinvestment Act, Richard D. Marsico

Articles & Chapters

The Community Reinvestment Act of 1977 (CRA) has made great progress in achieving its dual purposes: eliminating bank redlining and promoting reinvestment in previously redlined neighborhoods. In doing so, the CRA has helped to democratize capital by giving more people a voice in bank lending decisions and including more people in the economic mainstream by influencing banks to make loans to them to buy homes or open small businesses. Despite the CRA's success, the CRA has not reached its full potential. One of the main reasons for this is that the federal agencies that enforce the CRA are so ...


The Human Right To Housing: Making The Case In U.S. Advocacy, Maria Foscarinis, Brad Paul, Bruce Porter, Andrew Scherer Jan 2004

The Human Right To Housing: Making The Case In U.S. Advocacy, Maria Foscarinis, Brad Paul, Bruce Porter, Andrew Scherer

Articles & Chapters

American anti-poverty advocates are increasingly focusing on expressing homelessness as a violation of fundamental human rights. Conceptualizing homelessness as a human rights violation can help add legal content to advocacy goals, and help build support for the housing resources, policy changes, and improved legal protective measures needed to ensure access to housing.

This article explores the right to housing in domestic and international law, how to evaluate compliance with the right in the United States, and how to employ legal strategies in support of claims to the right. Theauthors review the status of international law in U. S. law and ...


The Human Right To Housing: Making The Case In U.S. Advocacy, Maria Foscarinis, Brad Paul, Bruce Porter, Andrew Scherer Jan 2004

The Human Right To Housing: Making The Case In U.S. Advocacy, Maria Foscarinis, Brad Paul, Bruce Porter, Andrew Scherer

Articles & Chapters

No abstract provided.


Patterns Of Lending To Low-Income And Minority Persons And Neighborhoods: The 1999 New York Metropolitan Area Lending Scorecard, Richard D. Marsico Jan 2001

Patterns Of Lending To Low-Income And Minority Persons And Neighborhoods: The 1999 New York Metropolitan Area Lending Scorecard, Richard D. Marsico

Articles & Chapters

This paper analyzes home mortgage lending patterns in the New York Metropolitan Area. It examines lending to four particular underserved populations: minority persons, predominantly minority neighborhoods; low-income persons; and low-income neighborhoods. The paper compares lending to these populations to lending to control groups and over time in order to evaluate whether the needs of the underserved populations are being met. The paper also analyzes the records of individual lenders at meeting the credit needs of those four populations and ranks the lenders accordingly. The paper also analyzes trends in subprime lending to these four populations.


The Emergence Of Private Land-Use Controls In Large-Scale Subdivisions: The Companion Story To Village Of Euclid V. Ambler Realty Co., Gerald Korngold Jan 2001

The Emergence Of Private Land-Use Controls In Large-Scale Subdivisions: The Companion Story To Village Of Euclid V. Ambler Realty Co., Gerald Korngold

Articles & Chapters

No abstract provided.


Landlord-Tenant Court In New York City At The Turn Of The Nineteenth Century, Richard H. Chused Jan 2000

Landlord-Tenant Court In New York City At The Turn Of The Nineteenth Century, Richard H. Chused

Articles & Chapters

No abstract provided.


Shedding Some Light On Lending: The Effect Of Expanded Disclosure Laws On Home Mortgage Marketing, Lending And Discrimination In The New York Metropolitan Area, Richard D. Marsico Jan 1999

Shedding Some Light On Lending: The Effect Of Expanded Disclosure Laws On Home Mortgage Marketing, Lending And Discrimination In The New York Metropolitan Area, Richard D. Marsico

Articles & Chapters

No abstract provided.


Renegotiation And Secured Credit: Explaining The Equity Of Redemption, Marshall E. Tracht Jan 1999

Renegotiation And Secured Credit: Explaining The Equity Of Redemption, Marshall E. Tracht

Articles & Chapters

The prohibition against "clogging the equity of redemption" has been enforced by the courts for centuries, yet the traditional justifications (invoking fairness or unfair bargaining power) offered for this central premise of mortgage law are rather unconvincing, particularly in the commercial context. After describing and critiquing the traditional view, this article lays out an alternative justification for the equity of redemption, stressing the role of the law in fostering efficient renegotiation upon default. This view explains why the equity of redemption cannot be waived in the initial loan documents, and why it can be waived in subsequent workouts only if ...


Is There Life After Abandonment--The Key Role Of New York City's In Rem Housing In Establishing An Entitlement To Decent, Affordable Housing, Andrew Scherer Jan 1995

Is There Life After Abandonment--The Key Role Of New York City's In Rem Housing In Establishing An Entitlement To Decent, Affordable Housing, Andrew Scherer

Articles & Chapters

No abstract provided.


Resolving The Flaws Of Residential Servitudes Associations: For Reformation Not Termination, Gerald Korngold Jan 1990

Resolving The Flaws Of Residential Servitudes Associations: For Reformation Not Termination, Gerald Korngold

Articles & Chapters

No abstract provided.


Single Family Use Covenants: For Achieving A Balance Between Traditional Family Life And Individual Autonomy, Gerald Korngold Jan 1989

Single Family Use Covenants: For Achieving A Balance Between Traditional Family Life And Individual Autonomy, Gerald Korngold

Articles & Chapters

No abstract provided.


Gideon's Shelter: The Need To Reorganize A Right To Counsel For Indigent Defendants In Eviction Proceedings, Andrew Scherer Jan 1988

Gideon's Shelter: The Need To Reorganize A Right To Counsel For Indigent Defendants In Eviction Proceedings, Andrew Scherer

Articles & Chapters

No abstract provided.