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Full-Text Articles in Law

The Economic Impact Of Affordable Housing: Multifamily Housing In Massachusetts, Zenia Kotval Mar 2001

The Economic Impact Of Affordable Housing: Multifamily Housing In Massachusetts, Zenia Kotval

New England Journal of Public Policy

The Massachusetts housing industry has come under some scrutiny over the past ten years. Issues of supply, demand, affordability, housing discrimination, and economic impacts are of increasing interest to government officials, planners, developers, and bankers. Despite an increasing need to provide affordable housing for the various populations within the state, there is a decrease in the supply of multifamily rental housing. There have been few efforts that comprehensively measure the impact of the housing industry on the economy. This article surveys the need for affordable housing and the economic impacts of multifamily rental housing in the state. The premise is …


Protecting The Tax-Exempt Status Of Housing Developers Participating In Low-Income Housing Tax Credit Partnershps, Marni Hussong Jan 2001

Protecting The Tax-Exempt Status Of Housing Developers Participating In Low-Income Housing Tax Credit Partnershps, Marni Hussong

Washington Law Review

The Low-Income Housing Tax Credit (LIHTC) is an important source of federal funding for developers of affordable housing for low-income persons. Although for-profit and nonprofit developers compete for credits, the federal government reserves ten percent of the credits for nonprofit, tax-exempt developers. Exempt developers often sell the credits to for-profit investors, forming a partnership through which the exempt organization develops the housing and the investors receive tax benefits in exchange for capital contributions. The partnership formation, however, may jeopardize the tax-exempt status of the nonprofit organizations and result in the partnership losing the LIHTC. To maintain exempt status, the Internal …


Discriminatory Housing Statements And Section 3604(C): A New Look At The Fair Housing Act's Most Intriguing Provision, Robert G. Schwemm Jan 2001

Discriminatory Housing Statements And Section 3604(C): A New Look At The Fair Housing Act's Most Intriguing Provision, Robert G. Schwemm

Fordham Urban Law Journal

This article gives a new look at section 3604(c) of the Fair Housing Act. Through section 3604(c), the FHA has outlawed biased statements with respect to an even broader range of housing sales and rentals. The three main purposes of section 3604 directly bear on the FHA's ultimate goals of eliminating housing discrimination and achieving residential integration. Under the FHA, discriminatory statements are not only probative of a defendant's illegal intent, but also, by themselves, violate the statute if made "with respect to eh sale or rental of a dwelling." Further, the lack of aggressive enforcement of section 3604(c) cannot …


Outing The Madman: Fair Housing For The Mentally Handicapped And Their Right To Privacy Versus The Landlord's Duty To Warn And Protect, Frederic White Jan 2001

Outing The Madman: Fair Housing For The Mentally Handicapped And Their Right To Privacy Versus The Landlord's Duty To Warn And Protect, Frederic White

Fordham Urban Law Journal

This article examines the serious potential for a clash between two sets of values: (1) the stated values of the Fair Housing Amendments Act of 1988, that persons handicapped within its terms should not be denied access to decent housing on that account, and that mentally handicapped tenants, especially those who may have, but do not necessarily possess, a propensity for violence, have privacy rights; and (2) the landlord’s responsibilities with respect to the safety needs of other tenants. The author addresses a number of policies, including those embodied in federal and state statutes relating to the rights of mentally …