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Articles 1 - 30 of 32
Full-Text Articles in Law
Advocacy Strategies To Fight Eviction In Cases Of Compulsive Hoarding And Cluttering, Tom Cobb, Eric Dunn, Vanessa Torres Hernandez, Jake Moroni Okleberry, Riana Pfefferkorn, Chelsea Spector
Advocacy Strategies To Fight Eviction In Cases Of Compulsive Hoarding And Cluttering, Tom Cobb, Eric Dunn, Vanessa Torres Hernandez, Jake Moroni Okleberry, Riana Pfefferkorn, Chelsea Spector
Articles
No abstract provided.
Senior Housing Research Project: Findings And Conclusion (2007), John Marshall Law School Fair Housing Legal Support Center
Senior Housing Research Project: Findings And Conclusion (2007), John Marshall Law School Fair Housing Legal Support Center
UIC Law White Papers
No abstract provided.
The First Two Years Of Housing First In Quincy, Massachusetts: "This Place Gives Me Peace, Happiness, And Hope", Tatjana Meschede
The First Two Years Of Housing First In Quincy, Massachusetts: "This Place Gives Me Peace, Happiness, And Hope", Tatjana Meschede
Center for Social Policy Publications
Housing First is a housing and support services program that attempts to move the most disabled homeless people directly to housing prior to treatment, using housing as the transforming element to support participation in treatment. This approach does not require sobriety or participation in long-term treatment programs unlike the traditional continuum of care approach. Promising results have been demonstrated in a number of projects using this model (Tsemberis & Eisenberg, 2000).
For the past ten years, Father Bill’s Place (FBP), a homeless shelter and housing program in Quincy, Massachusetts, has moved steadily towards providing permanent housing with supportive services, rather …
A Full And Fair Hearing: The Role Of The Alj In Assisting The Pro Se Litigant, Paris R. Baldacci
A Full And Fair Hearing: The Role Of The Alj In Assisting The Pro Se Litigant, Paris R. Baldacci
Faculty Articles
No abstract provided.
Expanding Homeownership Opportunity Ii: The Softsecond Loan Program, 1991-2006, Jim Campen
Expanding Homeownership Opportunity Ii: The Softsecond Loan Program, 1991-2006, Jim Campen
Gastón Institute Publications
This report provides data on lending by the SoftSecond Loan Program during the most recent three-year period (2004-2006) as well as over the sixteen-year life of the program. The Mortgage Lending Committee of the Massachusetts Community & Banking Council (MCBC) has had a special interest in the SoftSecond program since its inception and has carefully monitored the performance of its loans. The report updates an earlier report prepared for MCBC by the present author in 2004: Expanding Homeownership Opportunity: The SoftSecond Loan Program, 1991-2003. Detailed information about the origins and evolution of the program, and about the details of …
How Population Growth Estimates Affect Housing Market Projections, California Research Bureau
How Population Growth Estimates Affect Housing Market Projections, California Research Bureau
California Agencies
No abstract provided.
Housing Resources Leveraged By The Special Homeless Initiative Of The Massachusetts Department Of Mental Health, 1992–2006: Evaluation Of The Special Homeless Initiative, Massachusetts Department Of Mental Health, Tatjana Meschede, Helen Levine, Martha R. Burt
Housing Resources Leveraged By The Special Homeless Initiative Of The Massachusetts Department Of Mental Health, 1992–2006: Evaluation Of The Special Homeless Initiative, Massachusetts Department Of Mental Health, Tatjana Meschede, Helen Levine, Martha R. Burt
Center for Social Policy Publications
This and a companion report are the first products of an evaluation of the Special Homeless Initiative, a funding stream that began in 1992 and has grown to become an essential tool available to the Department of Mental Health for preventing and ending homelessness among vulnerable people with serious mental illness.
Preventing Homelessness And Promoting Housing Stability: A Comparative Analysis, Donna H. Friedman, Jennifer Raymond, Kimberly Puhala, Tatjana Meschede, Julia Tripp, Mandira Kala
Preventing Homelessness And Promoting Housing Stability: A Comparative Analysis, Donna H. Friedman, Jennifer Raymond, Kimberly Puhala, Tatjana Meschede, Julia Tripp, Mandira Kala
Center for Social Policy Publications
This final evaluation report is the culmination of a three-year investment of time, energy and resources involving 28 Massachusetts nonprofit organizations: 7 foundations, led by the Boston Foundation, The Massachusetts Department of Housing and Community Development; and Homes for Families which joined with the Center for Social Policy team to conduct 10 focus groups involving 72 parents and individuals who shared their perspectives on homelessness prevention, with the guidance of a consumer advisory board involving six persons who have experienced homelessness. Collectively, we engaged in this evaluation effort because we believed that the outcomes of interventions, practice experience of service …
Demolition By Neglect: Repairing Buildings By Repairing Legislation, Anna Martin
Demolition By Neglect: Repairing Buildings By Repairing Legislation, Anna Martin
Georgetown Law Historic Preservation Papers Series
One of the biggest problems today facing communities with historic preservation ordinances is delinquent owners who don’t have the will or the finances to maintain their historic properties and landmarks. Historic preservation law plays an important role in building a sense of patriotism and community togetherness, fostering education and providing incentives for aesthetically pleasing architecture. When residents can identify with a community, this creates a dialogue and sense of belonging. There are also environmental and psychological impacts of preserving old buildings, since human beings are positively affected by their surroundings when they feel a "sense of place." When buildings in …
Conservation Districts: A Solution For The Deanwood Neighborhood?, Kelly B. Bissinger
Conservation Districts: A Solution For The Deanwood Neighborhood?, Kelly B. Bissinger
Georgetown Law Historic Preservation Papers Series
Preserving and protecting home ownership and the affordable housing in the United States remains a serious concern despite numerous federal programs intended to encourage home ownership and to provide affordable housing to low-income individuals and families. Often times, low-income people live in older, run-down neighborhoods in urban areas. There is a constant threat that developers will purchase properties in these areas in order to demolish or renovate existing structures and redevelop the area (this process is often referred to as "gentrification").
One of the consequences of gentrification is the displacement of low-income residents. In those instances where low-income residents own …
Local Inclusionary Housing Programs: Meeting Housing Needs, John R. Nolon, Jessica A. Bacher
Local Inclusionary Housing Programs: Meeting Housing Needs, John R. Nolon, Jessica A. Bacher
Elisabeth Haub School of Law Faculty Publications
This article explores the expansive legal authority that local governments in many states have to meet housing needs directly by providing for the production of new affordable homes. There is not a great deal of scholarship on the subject as we approach it. The emphasis in the academic literature in the field of affordable housing is on top-down, systemic, or theoretical solutions: urging reforms in federal and state finance programs, imploring courts to penalize localities that engage in exclusionary zoning, describing in detail a variety of inclusionary zoning techniques, or explaining relevant theories or the economics of the issue of …
Striking A Match In The Historic District: Opposition To Historic Preservation And Responsive Community Building, Sarah N. Conde
Striking A Match In The Historic District: Opposition To Historic Preservation And Responsive Community Building, Sarah N. Conde
Georgetown Law Historic Preservation Papers Series
In her 1981 Stanford Law Review article, Carol Rose articulated as a justification for the historic preservation "vogue" a community building rationale that transformed preservation from an end in itself to a means for community self-definition. Procedurally, Rose argued, preservation laws give communities the power to comment on the direction of development, and impurity of motive does not weaken the cause of community members who use the tools preservation law gives them. Suppose, she suggested, that the primary concern of neighbors is avoiding massive construction, and they emphasize history only as an instrument to oppose change. Such a motive is …
History, Principles, Context, And Approach: The Special Homeless Initiative Of The Massachusetts Department Of Mental Health, Martha R. Burt
History, Principles, Context, And Approach: The Special Homeless Initiative Of The Massachusetts Department Of Mental Health, Martha R. Burt
Center for Social Policy Publications
Preventing homelessness or ending it quickly for Massachusetts residents with serious mental illness (SMI) has been a strong element of the Department of Mental Health’s agenda for approximately two decades. The Department of Mental Health (DMH, or the Department) estimates that the Commonwealth of Massachusetts is home to approximately 48,000 adults with SMI. Of these, the Department serves the most disabled and the poorest. Client incomes hover around 15 percent of the area median income. Most clients are not employed, and rely on SSI-SSDI benefits for their income. DMH efforts to prevent or end homelessness for its clients have been …
Borrowing Trouble Vii: Higher-Cost Mortgage Lending In Boston, Greater Boston, And Massachusetts, 2005, Jim Campen
Borrowing Trouble Vii: Higher-Cost Mortgage Lending In Boston, Greater Boston, And Massachusetts, 2005, Jim Campen
Gastón Institute Publications
Six years ago, in response to numerous reports of the growth of predatory lending, the Massachusetts Community & Banking Council (MCBC) – whose Board of Directors has an equal number of bank and community representatives – commissioned a study of subprime refinance lending in the city of Boston and surrounding communities. The resulting report, Borrowing Trouble? Subprime Mortgage Lending in Greater Boston, 1999, was the first detailed look at subprime lending in the city of Boston and in twenty-seven surrounding communities.
This is the seventh report in the annual series begun by that initial study. Over the years, the …
Absentee Landlords, Rent Control, And Healthy Gentrification: A Policy Proposal To Deconcentrate The Poor In Urban America, Jorge O. Elorza
Absentee Landlords, Rent Control, And Healthy Gentrification: A Policy Proposal To Deconcentrate The Poor In Urban America, Jorge O. Elorza
Law Faculty Scholarship
Empirical data overwhelmingly suggests that the presence of middle- and working-class homeowners is beneficial for inner-city communities. Yet, absentee landlords have a systematic financial advantage over resident landlords when it comes to purchasing homes in blighted neighborhoods. This advantage has disastrous effects for inner cities, as the communities with the greatest need for the stabilizing presence of middle- and working-class homeowners are the ones least likely to attract them. The lack of in-moving homeowners and the resulting increase in poverty cause declining neighborhoods to fall deeper into downward spirals. In this Article, I propose a rent control plan designed to …
Why Mortgagors Can't Get No Satisfaction, R. Wilson Freyermuth
Why Mortgagors Can't Get No Satisfaction, R. Wilson Freyermuth
Faculty Publications
This article addresses current law governing mortgage satisfaction, the need for effective reform, and the extent to which URMSA provides (or fails to provide) that reform.
Evaluating Katrina: A Snapshot Of Renters’ Rights Following Disasters, Olympia Duhart, Eloisa C. Rodriguez-Dod
Evaluating Katrina: A Snapshot Of Renters’ Rights Following Disasters, Olympia Duhart, Eloisa C. Rodriguez-Dod
Faculty Scholarship
Hurricane Katrina destroyed the homes of many people living in parts of the Gulf Region. The storm displaced as many as 800,000 victims and it is still difficult for them to return home. Consequently, many homeowners have turned to renting because of the slow recovery process. Renters face added difficulties; they are often the last in line for government benefits and other assistance. There is much hostility towards the rights of renters, creating even more difficulties for them. This article focuses on the difficulties facing evacuee renters in New Orleans following the disaster. These renters face such obstacles as scarcity …
Reply Brief Of Appellants, Bloch V. Frischholz, 587 F.3d 771 (7th Cir. 2009) (No. 06-3376), F. Willis Caruso, John Marshall Law School Fair Housing Legal Clinic
Reply Brief Of Appellants, Bloch V. Frischholz, 587 F.3d 771 (7th Cir. 2009) (No. 06-3376), F. Willis Caruso, John Marshall Law School Fair Housing Legal Clinic
Court Documents and Proposed Legislation
No abstract provided.
Brief Of Appellants In Support Of Reversal Of District Court Decision In Favor Of Defendants' Motion For Summary Judgment, Bloch V. Frischholz, Docket No. 06-3376, 533 F.3d 562, 587 F.3d 771 (Seventh Circuit Court Of Appeals 2009), F. Willis Caruso, John Marshall Law School Fair Housing Legal Clinic
Brief Of Appellants In Support Of Reversal Of District Court Decision In Favor Of Defendants' Motion For Summary Judgment, Bloch V. Frischholz, Docket No. 06-3376, 533 F.3d 562, 587 F.3d 771 (Seventh Circuit Court Of Appeals 2009), F. Willis Caruso, John Marshall Law School Fair Housing Legal Clinic
Court Documents and Proposed Legislation
No abstract provided.
Rights As A Functional Guide For Service Provision In Homeless Advocacy Creating Healthy Communities: Ending Homelessness, Nestor M. Davidson
Rights As A Functional Guide For Service Provision In Homeless Advocacy Creating Healthy Communities: Ending Homelessness, Nestor M. Davidson
Faculty Scholarship
Rights-based approaches to advocacy on behalf of homeless persons have long sought to vindicate important dignitary, liberty, and equality interests, as well as establish to entitlements to housing, mental health, substance abuse, and other services. This advocacy has had some success in shaping the systems that define the interaction between homeless persons and the state. Rights paradigms, however, can be undermined by the day-to-day reality of the lives of homeless individuals and families that are often shaped by profound need less for protection from the state than for meaningful support, and entitlement advocacy remains circumscribed by the reality of severely …
Hate Thy Neighbor, Jeannine Bell
Hate Thy Neighbor, Jeannine Bell
Articles by Maurer Faculty
This Article addresses one of the consequences of racial segregation in housing - violence and intimidation directed at minorities who are integrating white neighborhoods. In describing the history and dynamics of this type of anti-integrationist crime, the Article seeks to offer an introduction to the setting of hate crimes in a neighborhood context. The Article provides a critical bridge between hate crime law and housing law, exploring the substantial difficulties when each of these legal remedies is used to combat this type of violence. The Article concludes by offering a series of solutions uniquely crafted to combat the problem of …
The Sweet Trials: An Account, Douglas O. Linder
The Sweet Trials: An Account, Douglas O. Linder
Faculty Works
The automobile and manufacturing boom that began in Detroit about 1915 made the city a magnet for blacks fleeing the economic stagnation of the South. In the decade from 1915 to 1925, Detroit's black population grew more than tenfold, from 7,000 to 82,000. A severe housing shortage developed, as the city's compact black district could not accommodate all the new arrivals. Blacks brave enough to purchase or rent homes in previously all-white neighborhoods faced intimidation and violence. The spring and summer of 1925 saw several ugly housing-related incidents. It was in this violent summer of 1925 that a black doctor …
If You Prompt Them, They Will Rule: The Warranty Of Habitability Meets New Court Information Systems, Mary Zulack
If You Prompt Them, They Will Rule: The Warranty Of Habitability Meets New Court Information Systems, Mary Zulack
Faculty Scholarship
A recent conference on housing rights invited participants to think about the impacts, actual and potential, of the judge-made doctrine of the implied warranty of habitability in residential tenancies. This essay focuses on the warranty, and suggests establishing technology systems for judges to help them give new
life to the doctrine and thereby to accelerate actual repair of rental housing through court mandates.
The conference attendees seemed to agree that when trial judges are presented with claimed breaches of the warranty of habitability, they have not, on the whole, used the doctrine to order that repairs actually be effectuated. They …
Obligations Of Privilege, Ezra Rosser
Obligations Of Privilege, Ezra Rosser
Articles in Law Reviews & Other Academic Journals
Little attention is paid to the nature of the high incomes of the rich or to the legal or norm-based obligations the rich owe society. This popular and scholarly inattention reflects the general acceptance of the idea that the rich have earned their high incomes and owe society little. By looking at income equations revealing society's role in high incomes and the obligations of the rich, the Article urges a strengthening of the obligations of the rich and rejects the argument that the legal community ought not consider the moral demands associated with high incomes.
A Domestic Right Of Return?: Race, Rights, And Residency In New Orleans In The Aftermath Of Hurricane Katrina, Lolita Buckner Inniss
A Domestic Right Of Return?: Race, Rights, And Residency In New Orleans In The Aftermath Of Hurricane Katrina, Lolita Buckner Inniss
Publications
This article begins with a critical account of what occurred in the aftermath of Hurricane Katrina. This critique serves as the backdrop for a discussion of whether there are international laws or norms that give poor, black Katrina victims the right to return to and resettle in New Orleans. In framing this discussion, this article first briefly explores some of the housing deprivations suffered by Katrina survivors that have led to widespread displacement and dispossession. The article then discusses two of the chief barriers to the return of poor blacks to New Orleans: the broad perception of a race-crime nexus …
Why Do Landlords Still Discriminate (And What Can Be Done About It)?, Robert G. Schwemm
Why Do Landlords Still Discriminate (And What Can Be Done About It)?, Robert G. Schwemm
Law Faculty Scholarly Articles
Let's say you have a serious, though not life-threatening, medical condition, such as a non-malignant growth in your back that causes considerable pain and impairs your ability to walk. At first, your doctor tells you there is no cure, but then one day, a new drug specifically designed to eliminate this kind of problem is approved. You take this drug, but notice no change. With your doctor's encouragement, you continue to take the drug, hoping that its cumulative effect will achieve the desired result. Twenty years go by with no relief. Then, your doctor tells you that a much stronger …
Toward A Policy Of Heterogeneity: Overcoming A Long History Of Socioeconomic Segregation In Housing, Peter W. Salsich
Toward A Policy Of Heterogeneity: Overcoming A Long History Of Socioeconomic Segregation In Housing, Peter W. Salsich
All Faculty Scholarship
This article focuses on the exclusionary effects of land use regulation on housing availability and cost. Recent research by economists and others highlighting such effects is examined. The histories of parallel efforts to provide housing for low- and moderate-income families as well as persons with disabilities are reviewed. The article recommends that legislation be enacted that elevates affordable housing for low- and moderate-income to a level of national concern similar to national policies favoring efficient transportation, as well as protecting coastal and wetland areas and endangered species.
Solving The Contentious Issues Of Private Conservation Easements: Promoting Flexibility For The Future And Engaging The Public Land Use Process, Gerald Korngold
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 …
The Higher Cost Of Being African-American Or Latino: Subprime Home Mortgage Lending In New York City, 2004-2005, Richard D. Marsico
The Higher Cost Of Being African-American Or Latino: Subprime Home Mortgage Lending In New York City, 2004-2005, Richard D. Marsico
Articles & Chapters
The recent turmoil in the financial markets caused by rising default rates on subprime residential home mortgages should not obscure that several studies have shown that African-Americans, Latinos, and residents of predominantly minority neighborhoods receive a disproportionately high percentage of subprime loans. The subprime lending crisis should also not obscure the fact that they have also received a disproportionately low percentage of all home mortgage loans.
This report uses data made public pursuant to the Home Mortgage Disclosure Act (HMDA) to examine home mortgage lending in New York City in 2004 and 2005 to determine whether African-Americans, Latinos, and residents …
Using Federal And State Laws To Promote Secure Housing For Survivors Of Domestic Violence, Deborah A. Widiss, Emily J. Martin
Using Federal And State Laws To Promote Secure Housing For Survivors Of Domestic Violence, Deborah A. Widiss, Emily J. Martin
Articles by Maurer Faculty
No abstract provided.