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Housing Law

Boston College Environmental Affairs Law Review

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A Narrowing Of Section 1983 Claims: How Gonzaga Has Limited Recovery For Victims Of Lead Poisoning In Federal Court, Anna Snook Apr 2017

A Narrowing Of Section 1983 Claims: How Gonzaga Has Limited Recovery For Victims Of Lead Poisoning In Federal Court, Anna Snook

Boston College Environmental Affairs Law Review

Dellita Johnson brought a claim against the City of Detroit on behalf of her minor son, asserting that her son sustained lead poisoning from the public housing unit in which they lived. She brought claims under 42 U.S.C. § 1983 for the deprivation of federal rights created under provisions of the United States Housing Act, the Lead-Based Paint Poisoning Prevention Act, and administrative regulations created under those statutes. The United States Court of Appeals for the Sixth Circuit affirmed the District Court’s dismissal of Ms. Johnson’s claims, holding that the applicable provisions of the United States Housing ...


Local Preferences In Affordable Housing: Special Treatment For Those Who Live Or Work In A Municipality, Keaton Norquist Jan 2009

Local Preferences In Affordable Housing: Special Treatment For Those Who Live Or Work In A Municipality, Keaton Norquist

Boston College Environmental Affairs Law Review

Local governments are increasingly granting preference to local residents and employees when selecting occupants for affordable housing set-asides. These preferences risk being invalidated for three reasons. First, courts could view the preferences as a penalty on nonresidents’ fundamental right to travel and migration. Second, preferences implemented with the intention of excluding protected classes of persons could violate the Equal Protection Clause. Finally, preferences could violate the Federal Fair Housing Act by creating or perpetuating discriminatory racial impacts. In order to avoid these legal risks, this Note proposes that local governments should structure their affordable housing selection programs as broadly and ...


If You Can't Build It, They Won't Come: Condominium Construction Moratoria And Gentrification, Dara K. Newman Jan 2008

If You Can't Build It, They Won't Come: Condominium Construction Moratoria And Gentrification, Dara K. Newman

Boston College Environmental Affairs Law Review

The increasing presence of bright, new condominium development in America’s cities is changing the composition and appearance of these urban landscapes. Long-time local residents in gentrifying areas are confronted daily with the impacts of development, and are searching for tools to preserve their communities and keep them affordable. One response has been proposed moratoria on condominium construction. This approach aims to stop the influx of more affluent individuals into urban neighborhoods by preventing the construction of higher-end condominiums. This Note examines the validity of such moratoria on condominium construction as an exercise of the police power. Through a comparison ...


Rent Control And Rent Stabilization As Forms Of Regulatory And Physical Takings, Christina Mcdonough Jan 2007

Rent Control And Rent Stabilization As Forms Of Regulatory And Physical Takings, Christina Mcdonough

Boston College Environmental Affairs Law Review

The Fifth Amendment of the United States Constitution prohibits the government’s taking of private property without adequate compensation. Rent controls and rent stabilization unduly burden property owners by depriving them of market rate rental revenue. Furthermore, these methods of producing artificially low rents are often ineffective, failing to alleviate the financial hardships of the programs’ intended beneficiaries. Due to these dual aspects of rent control and rent stabilization programs— as well as by analogizing the programs to more classically recognized forms of regulatory takings, such as where the government deprives a property owner of all reasonable uses of his ...


Mandatory Inclusionary Zoning--The Answer To Affordable Housing Problem, Brian R. Lerman Jan 2006

Mandatory Inclusionary Zoning--The Answer To Affordable Housing Problem, Brian R. Lerman

Boston College Environmental Affairs Law Review

Affordable housing has always been a problem in the United States. Cities and towns originally engaged in forms of discrimination through exclusionary zoning to exclude low-income residents. While many of the social attitudes persist today, the question is how to encourage new affordable housing development. This Note introduces the concept of inclusionary zoning as a successful method for creating affordable housing. The Note examines the constitutional analyses used for land use ordinances. Then, the Note evaluates existing affordable housing programs, distinguishing between the eastern approach and the western approach. The eastern approach—represented by New Jersey, Massachusetts, and Montgomery County ...


Housing In Crisis--A Call To Reform Massachusetts's Affordable Housing Law, Christopher Baker Jan 2005

Housing In Crisis--A Call To Reform Massachusetts's Affordable Housing Law, Christopher Baker

Boston College Environmental Affairs Law Review

The debate over how to properly foster and maintain affordable housing has remained a longstanding, contentious issue in Massachusetts government. For the past thirty years, this debate has crystallized and regularly centered on Chapter 40B, Massachusetts’s affordable housing law. Recent executive, legislative, and private proposals, coupled with extraordinary increases in housing costs, have resulted in growing concerns over the effectiveness of 40B and the correct method, if any, of fixing its deficiencies. This Note examines these proposals as well as affordable housing efforts in other parts of the country and argues that Massachusetts’s affordable housing crisis will only ...


Affordable Housing V. Open Space: A Proposal For Reconciliation, Mark Bobrowski Jan 2003

Affordable Housing V. Open Space: A Proposal For Reconciliation, Mark Bobrowski

Boston College Environmental Affairs Law Review

This Article describes the friction in Massachusetts—largely inspired by controversy surrounding the State’s affordable housing law, Massachusetts General Laws chapter 40B—between housing advocates and open space advocates. The sources of this breach are embedded in the State’s land use statutes. This Article reviews the current law and the symptoms of the feud, and it suggests various legislative proposals for the reconciliation of these progressive forces.


The Cost Of Developing Affordable Housing: At What Price?, Jonathan Douglas Witten Jan 2003

The Cost Of Developing Affordable Housing: At What Price?, Jonathan Douglas Witten

Boston College Environmental Affairs Law Review

No abstract provided.


The Affordable Housing Element In Comprehensive Plans, Daniel R. Mandelker Jan 2003

The Affordable Housing Element In Comprehensive Plans, Daniel R. Mandelker

Boston College Environmental Affairs Law Review

The New Jersey Supreme Court’s Mount Laurel doctrine requires all municipalities in the state to accept their fair share of regional housing need. Planning statutes that require housing elements in comprehensive plans have adopted the fair-share doctrine as a basis for assigning local affordable housing obligations. This Article argues that the assignment of numerical fair shares is not an acceptable basis for affordable housing policies in comprehensive plans. Alternate strategies should be considered.


Inclusionary Housing Programs: Local Governments Respond To California's Housing Crisis, Cecily T. Talbert, Nadia L. Costa Jan 2003

Inclusionary Housing Programs: Local Governments Respond To California's Housing Crisis, Cecily T. Talbert, Nadia L. Costa

Boston College Environmental Affairs Law Review

As anti-growth sentiment increases across the country, two laudable goals—affordable housing and environmental protection—are coming into conflict. This tension is most evident in California. Nine of the ten least affordable communities in the country are in California. California also has one of the most complicated and expensive environmental regulatory processes for development. This results in builders being unable to produce housing to keep up with demand, and an increase in the cost of those units that are available. “Smart Growth” is often proffered as the answer to this dilemma: by promoting more compact development, mixed-use and mixed-income neighborhoods ...


Equity In Eden: Can Environmental Protection And Affordable Housing Comfortably Cohabit In Suburbia? , Rusty Russell Jan 2003

Equity In Eden: Can Environmental Protection And Affordable Housing Comfortably Cohabit In Suburbia? , Rusty Russell

Boston College Environmental Affairs Law Review

State-based affordable housing initiatives have survived decades of controversy. Two of the most successful—in Massachusetts and New Jersey—encourage homebuilders to bypass local regulations when zoning ordinances limit available land. Opponents assert that these programs invite developers to pillage open space, impairing wetlands and promoting sprawl. This Article examines the low- and moderate-income housing programs established by the so-called “Anti-Snob Zoning Act” in Massachusetts and the Mount Laureldoctrine in New Jersey. Drawing on Oregon’s integrated planning regime as a point of contrast, it analyzes the potential for tension between policies that advance affordable housing in the suburbs and ...


Expanding The Effectiveness Of The Massachusetts Comprehensive Permit Law By Eliminating Its Subsidy Requirement, Kenneth Forton Jan 2001

Expanding The Effectiveness Of The Massachusetts Comprehensive Permit Law By Eliminating Its Subsidy Requirement, Kenneth Forton

Boston College Environmental Affairs Law Review

The United States is in an affordable housing crisis; the problem is particularly acute in Massachusetts. Local zoning—especially in the form of density controls—is probably the most significant cause of the crisis. To mitigate the power of local zoning Massachusetts passed the Comprehensive Permit Law, which allows local zoning boards of appeals to override local zoning if certain requirements are met. One of those requirements, a government subsidy to the developer, has in some instances hindered the construction of affordable housing. Typically, a subsidy is required as an incentive to builders; otherwise their projects would not be profitable ...


Protecting Children From Lead-Based Paint Poisoning: Should Landlords Bear The Burden?, Thomas J. Miceli, Katherine A. Pancak, C F. Sirmans Sep 1995

Protecting Children From Lead-Based Paint Poisoning: Should Landlords Bear The Burden?, Thomas J. Miceli, Katherine A. Pancak, C F. Sirmans

Boston College Environmental Affairs Law Review

No abstract provided.


The Radon Riddle: Landlord Liability For A Natural Hazard, Jeanne Prussman Aug 1991

The Radon Riddle: Landlord Liability For A Natural Hazard, Jeanne Prussman

Boston College Environmental Affairs Law Review

No abstract provided.


Gladstone Realtors V. Village Of Bellwood: Expanding Standing Under The Fair Housing Act, Gary M. Haber Aug 1980

Gladstone Realtors V. Village Of Bellwood: Expanding Standing Under The Fair Housing Act, Gary M. Haber

Boston College Environmental Affairs Law Review

No abstract provided.


Government Regulation Of Condominium Conversion, Robert M. Schlein Aug 1980

Government Regulation Of Condominium Conversion, Robert M. Schlein

Boston College Environmental Affairs Law Review

No abstract provided.


The Redlining Battle Continues: Discriminatory Effect V. Business Necessity Under The Fair Housing Act, John K. Lucey Dec 1979

The Redlining Battle Continues: Discriminatory Effect V. Business Necessity Under The Fair Housing Act, John K. Lucey

Boston College Environmental Affairs Law Review

No abstract provided.


Human Values And Relocation Assistance : At The Crossroads, Stephen Goldstein May 1979

Human Values And Relocation Assistance : At The Crossroads, Stephen Goldstein

Boston College Environmental Affairs Law Review

No abstract provided.


Federal Accountability: Delegation Of Responsibility By Hud Under Nepa, Ned Notis-Mcconarty Jan 1976

Federal Accountability: Delegation Of Responsibility By Hud Under Nepa, Ned Notis-Mcconarty

Boston College Environmental Affairs Law Review

No abstract provided.


Urban Homesteading: Once More Down The Yellow Brick Road, M Jan Akre Jan 1974

Urban Homesteading: Once More Down The Yellow Brick Road, M Jan Akre

Boston College Environmental Affairs Law Review

No abstract provided.