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Full-Text Articles in Law
Note: Landmark Preservation: The Problem Of The Tax-Exempt Owner, Mary Spearing
Note: Landmark Preservation: The Problem Of The Tax-Exempt Owner, Mary Spearing
Fordham Urban Law Journal
This Note examines the effectiveness of the 1965 New York City Landmark Preservation Act with respect to its ability to confront the conflict between the desire to preserve the city's history and the individual's constitutional right to use and control her own property, with particular attention to the unprotected status of the tax-exempt property owner. The author argues that the legislation fails to mesh the two conflicting goals of preservation and just compensation to property owners. She suggests that in order to do so, perhaps a different standard of value should be placed on landmark preservation that focuses on non-economic …
Landlord-Tenant Law-Dependency Of Lease Covenants-Covenant To Pay Rent Is Dependent Upon Landlord's Warranty Of Habitability
Fordham Urban Law Journal
Plaintiff tenant entered into possession of an apartment with was no written lease and the rent was fixed monthly under the condition that the landlord would make certain repairs to render the premises ‘livable’. The landlord never did and tenant terminated rent payments. The landlord instituted a summary dispossess action against Berzito for nonpayment and the state district court held that the landlord was in violation of his express warranty of habitability and reduced the tenants rent but tenant still did not pay. The trial court ruled in the tenant's favor and rejected the landord's contention that by remaining in …
Condominium Renovation, Amy R. Piro
Condominium Renovation, Amy R. Piro
Fordham Urban Law Journal
As a result of deterioration or obsolescence of condominium premises, unit owners often decide to renovate. These decisions may raise questions significantly different from those encountered in dealing with ordinary condominium expenses. These include matters such as required authorization, protection of dissenters' rights, and financing. This article explores some of these problems and suggests possible solutions. The author concludes that present law, including statues and condominium association bylaws, should differentiate between renovation expenses and those arising from ordinary maintenance and repairs, and should permit special authorization and financing arrangements for renovations.
Comment: Security Deposits In New York: How Safe Is Your Money?, Stevens Ingraham, Paul J. Yesawich, Iii
Comment: Security Deposits In New York: How Safe Is Your Money?, Stevens Ingraham, Paul J. Yesawich, Iii
Fordham Urban Law Journal
In New York, there has never been a general landlord's statutory or common law lien, the growth of the cities and consequent legal development of the landlord-tenant relationship has enhanced the importance of the leasehold agreement. Most landlords, seeking protection beyond tenants' personal assurances that the lease will be honored, require a provision for a security deposit in the lease. The purpose of the deposit is to assure the tenant's compliance with the covenants of the lease. Confusion over the landlord-tenant relationship with regard to the security deposit has left room for abuse of the deposit for the landlord's gain. …
Case Note: Zoning- Population Control In Metropolitan Areas- Construction Industry Association Of Sonoma County V. City Of Petaluma, 375 F. Supp. 574 (N.D. Cal. 1974), Lane J. Genatowski
Case Note: Zoning- Population Control In Metropolitan Areas- Construction Industry Association Of Sonoma County V. City Of Petaluma, 375 F. Supp. 574 (N.D. Cal. 1974), Lane J. Genatowski
Fordham Urban Law Journal
This Casenote analyzes the Northern District of California's recent decision in Construction Industry Association of Sonoma County v. City of Petaluma, 375 F. Supp. 574 (N.D. Cal. 1974), which held that limiting the number of building permits for the purpose of restricting population growth was an unconstitutional infringement on the right to travel, where there is no shortage of municipal facilities to serve the new residence. The Casenote concludes that, although the court had authoritative support for its decision, it may be unwise to use the right to travel to invalidate a local zoning ordinance. Moreover, the right to travel …
From Plows To Pliers - Urban Homesteading In America
From Plows To Pliers - Urban Homesteading In America
Fordham Urban Law Journal
The state homestead exemption is the most widely known form of homesteading and exists in the majority if American jurisdictions. A new form of this plan has been added by many east coast cities that allows families to receive a grant of a home at a minimum price on condition that it occupies the residence and improves it to satisfy all applicable codes. The property is then transferred to the homesteader and this benefits both the city and the individual. This urban homesteading plan is the most recent program designed to promote urban renewal and home ownership. Wilmington Delaware was …