Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Property (22)
- Landlord (8)
- Tenant (8)
- Eminent domain (6)
- Lease (5)
-
- Real estate (5)
- Housing (4)
- Zoning (4)
- Community reinvestment act (3)
- Credit (3)
- Department of Housing and Urban Development (3)
- Land use (3)
- Mortgage (3)
- New York (3)
- Property law (3)
- RLUPIA; Land Use; First Amendment (3)
- Rent control (3)
- Sublease (3)
- Affordable (2)
- Blight (2)
- Condemnation (2)
- Covenants (2)
- Displacement (2)
- EFZ (2)
- Enforcement (2)
- Evict (2)
- Eviction free zone (2)
- Gentrification (2)
- H.U.D. (2)
- HUD (2)
Articles 1 - 30 of 81
Full-Text Articles in Law
Healthy Zoning, Matthew J. Parlow
Yes To Infill, No To Nuisance, Michael Lewyn
Yes To Infill, No To Nuisance, Michael Lewyn
Fordham Urban Law Journal
No abstract provided.
How Localism's Rationales Limit New Urbanism's Success And What New Regionalism Can Do About It, Timothy Polmateet
How Localism's Rationales Limit New Urbanism's Success And What New Regionalism Can Do About It, Timothy Polmateet
Fordham Urban Law Journal
No abstract provided.
The Brooding Omnipresence Of Regulatory Takings: Urban Origins And Effects, Michael Allan Wolf
The Brooding Omnipresence Of Regulatory Takings: Urban Origins And Effects, Michael Allan Wolf
Fordham Urban Law Journal
No abstract provided.
Putting Exclusionary Zoning In Its Place: Affordable Housing And Geographical Scale, Christopher Serkin, Leslie Wellington
Putting Exclusionary Zoning In Its Place: Affordable Housing And Geographical Scale, Christopher Serkin, Leslie Wellington
Fordham Urban Law Journal
No abstract provided.
Whither Workforce Housing?, Matthew J. Parlow
Whither Workforce Housing?, Matthew J. Parlow
Fordham Urban Law Journal
The last forty years have marked a dynamic era in affordable housing. During this time, affordable housing shifted from being largely government-owned to privately-owned, though certainly supported by government efforts. This evolution thus marked a distinct switch from a supply-side approach to a demand-side approach to affordable housing. As states and localities adapted to this paradigm shift, some high-priced metropolitan regions discovered that their housing markets were squeezing out middle-income service workers, such as police officers and teachers. In response, many localities—and some states—adopted various laws and policies to spur the creation of workforce housing: that is, moderately-priced housing that …
Changes Spark Interest In Sustainable Urban Places: But How Do We Identify And Support Them?, John R. Nolon
Changes Spark Interest In Sustainable Urban Places: But How Do We Identify And Support Them?, John R. Nolon
Fordham Urban Law Journal
No abstract provided.
Saving Mount Laurel?, Roderick M. Hills
Saving Mount Laurel?, Roderick M. Hills
Fordham Urban Law Journal
No abstract provided.
New Challenges For Urban Areas Facing Flood Risks, Debbie M. Chizewer, A Dan Tarlock
New Challenges For Urban Areas Facing Flood Risks, Debbie M. Chizewer, A Dan Tarlock
Fordham Urban Law Journal
No abstract provided.
The Rebirth Of The Neighborhood, J. Peter Byrne
The Rebirth Of The Neighborhood, J. Peter Byrne
Fordham Urban Law Journal
No abstract provided.
The Effect Of Rluipa’S Land Use Provisions On Local Governments, Alan C. Weinstein
The Effect Of Rluipa’S Land Use Provisions On Local Governments, Alan C. Weinstein
Fordham Urban Law Journal
No abstract provided.
The Housing Crash And The End Of American Citizenship, Matt Stoller
The Housing Crash And The End Of American Citizenship, Matt Stoller
Fordham Urban Law Journal
No abstract provided.
Occupy The Parks: Restoring The Right To Overnight Protest In Public Parks, Udi Ofer
Occupy The Parks: Restoring The Right To Overnight Protest In Public Parks, Udi Ofer
Fordham Urban Law Journal
No abstract provided.
Rluipa: Necessary, Modest, And Under-Enforced, Douglas Laycock, Luke W. Goodrich
Rluipa: Necessary, Modest, And Under-Enforced, Douglas Laycock, Luke W. Goodrich
Fordham Urban Law Journal
No abstract provided.
Rluipa Is A Bridge Too Far: Inconvenience Is Not Discrimination, Marci A. Hamilton
Rluipa Is A Bridge Too Far: Inconvenience Is Not Discrimination, Marci A. Hamilton
Fordham Urban Law Journal
No abstract provided.
Victimization On Main Street: Occupy Wall Street And The Mortgage Fraud Crisis, Sandra D. Jordan
Victimization On Main Street: Occupy Wall Street And The Mortgage Fraud Crisis, Sandra D. Jordan
Fordham Urban Law Journal
No abstract provided.
Towards A Human Right To Food: Implications For Urban Growing In Baltimore City, Maryland, Becky L. Witt
Towards A Human Right To Food: Implications For Urban Growing In Baltimore City, Maryland, Becky L. Witt
Fordham Urban Law Journal
No abstract provided.
Spaces For Sharing: Micro-Units Amid The Shift From Ownership To Access, John Infranca
Spaces For Sharing: Micro-Units Amid The Shift From Ownership To Access, John Infranca
Fordham Urban Law Journal
No abstract provided.
You Can't Common What You Can't See: Towards A Restorative Polycentrism In The Governance Of Our Cities, Amy Laura Cahn, Paula Z. Segal
You Can't Common What You Can't See: Towards A Restorative Polycentrism In The Governance Of Our Cities, Amy Laura Cahn, Paula Z. Segal
Fordham Urban Law Journal
No abstract provided.
Urban Commons As Property Experiment: Mapping Chicago's Farms And Gardens, Nate Ela
Urban Commons As Property Experiment: Mapping Chicago's Farms And Gardens, Nate Ela
Fordham Urban Law Journal
No abstract provided.
Against Mushy Balancing Tests In Blight Condemnation Jurisprudence, Roderick M. Hills
Against Mushy Balancing Tests In Blight Condemnation Jurisprudence, Roderick M. Hills
Fordham Urban Law Journal
Professor Somin has written an incisive critique of the New York Court of Appeals’ decisions in Kaur and Goldstein, the gist of which is that the Court did not do enough to stop “highly abusive blight condemnations.” There are, however, two difficulties with the critique. First, as a matter of legalistic interpretation of the New York Constitution, the critique is not very persuasive. Second, as a matter of policy, Professor Somin’s proposal is unlikely to be adopted by any judge influenced by the same political process that lead to the condemnations that Professor Somin attacks.
The “New Body Snatchers”: Analyzing The Effect Of Presumed Consent Organ Donation Laws On Privacy, Autonomy, And Liberty, Maryellen Liddy
The “New Body Snatchers”: Analyzing The Effect Of Presumed Consent Organ Donation Laws On Privacy, Autonomy, And Liberty, Maryellen Liddy
Fordham Urban Law Journal
This Note examines, in three parts, presumed consent laws as they pertain to organ donation. Part I discusses presumed consent and explains the salient features of presumed consent laws. It then discusses case law that addresses the aftermath of unauthorized organ or tissue harvesting. Part II evaluates the United States Supreme Court's evolving conceptions of the rights of individual and family-based privacy, autonomy, and liberty, for subsequent application to the presumed consent organ donation controversy. Part III analyzes presumed consent laws in light of the donors and their families' privacy, autonomy, and liberty interests. The Note concludes that current presumed …
Urban Revitalization In The Post-Kelo Era, Lynn E. Blais
Urban Revitalization In The Post-Kelo Era, Lynn E. Blais
Fordham Urban Law Journal
An ongoing urban revitalization project arrested by legislative reponses to the Kelo decision is likely to play out in many cities and towns across the country in the next few years. Since Kelo was decided, thirty-four states have adopted some responsive legislation or constitutional amendment. These new laws, to varying degrees and using various mechanisms, limit the power of state and local governments to use eminent domain to faciliate economic redevlopment projects. This Article explores the reach of these statutes and their likely consequences for ongoing and future urban revitalization project.
The Houses That Eminent Domain And Housing Tax Credits Built: Imagining A Better New Orleans, Carol Necole Brown, Serena M. Williams
The Houses That Eminent Domain And Housing Tax Credits Built: Imagining A Better New Orleans, Carol Necole Brown, Serena M. Williams
Fordham Urban Law Journal
Proposals for investing in and rebuilding urban enclaves such as New Orleans are layered with controversy and difficulty. One of the most significant impediments to rebuilding New Orleans will be addressing the need to replenish the depleted rental housing market. Racial and economic integration of housing markets and appropriate use of private sector money to replenish the rental housing stock within a "reasonable" time period are indispensable components of a responsible revitalization and renewal plan. This Article contends that a combination of the smart exercise of eminent domain and of "housing production subsidies" -- housing tax credits -- is necessary …
Brownfields At 20: A Critical Reevaluation, Joel B. Eisen
Brownfields At 20: A Critical Reevaluation, Joel B. Eisen
Fordham Urban Law Journal
This Articles looks at brownfields policies in one state, New Jersey, and suggests how to make the approach of brownfields revitalization more development-centered and less developer-centered. Following a basic description of the New Jersey Program, this Article discusses two specific developments, the BDA initiative and the recent "Grace Period Rule," that changed some aspects of the program.
City Governments And Predatory Lending, Jonathan L. Entin, Shadya Y. Yazback
City Governments And Predatory Lending, Jonathan L. Entin, Shadya Y. Yazback
Fordham Urban Law Journal
This Article assesses the legal challenges that cities can face in trying to deal with predatory lending. Part I provides an overview of the problem. Part II focuses on the common law and statutory claims that cities might bring, with particular emphasis on the evidentiary isses that cities can face and the requirements of standing that could severely limit the effectiveness of lawsuits brought by municipalities. The Article then turns to city efforts to regulate predatory lending pursuant to their home rule authority, efforts than can be stymied both by state laws that supersede municipal ordinances and federal regulations that …
Winding Toward The Heart Of The Takings Muddle: Kelo, Lingle, And Public Discourse About The Private Property, Jane B. Baron
Winding Toward The Heart Of The Takings Muddle: Kelo, Lingle, And Public Discourse About The Private Property, Jane B. Baron
Fordham Urban Law Journal
People care about property. In 2005, the United States Supreme Court decided two cases with deep connections to that concern, both brought by property owners challenging the government's power under the Takings Clause to take title to, or significantly affect the value of, their property. Kelo v. City of New London has been seen as controversial while Lingle v. Chevron USA Inc. has received far less public attention. This Article argues that the significance of Kelo and of Lingle lies in the extent to which the two cases engage with, or fail to engage with, the cultural debate over the …
A Second Take: Re-Examining Our Regulatory Takings Jurisprudence Post-Tahoe, Robert W. Diubaldo
A Second Take: Re-Examining Our Regulatory Takings Jurisprudence Post-Tahoe, Robert W. Diubaldo
Fordham Urban Law Journal
This Note discusses the aftermath of the landmark case, Tahoe-Sierra Preservation Council, Inc. v. Tahoe Regional Planning Agencey. This Comment first discusses the background of regulatory takings jurisprudence, from Justice Holmes' landmark Pennsylvania Coal opinion to the present. It further analyzes the recent Tahoe decision, focusing on both the strengths and weaknesses of the decision and its potential impact on the future of takings. Finally, the Comment offers a different analytical framework from which to analyze regulatory takings. Under this theory, courts would abandon the partial/total distinction, and instead focus on the actual loss from the landowner's point of view. …
First Suburbs In The Northeast And Midwest: Assets, Challenges, And Opportunities, Robert Puentes
First Suburbs In The Northeast And Midwest: Assets, Challenges, And Opportunities, Robert Puentes
Fordham Urban Law Journal
This article examines the decline of first suburbs, the older inner-ring suburbs closest to cities that grew up before or immediately after World War II. As families leave these areas for the expanding outer suburbs, the tax base shrinks and poverty and failing schools result. Inner suburbs lack the sophisticated governmental structures of cities to combat these problems, and without a shift in investment policies, first suburbs will continue to suffer.
The Necessary Application Of The Contract Clause To Cases Involving Restrictive Covenants And Group Famiy Day Care Homes, Heidi Marie Flinn
The Necessary Application Of The Contract Clause To Cases Involving Restrictive Covenants And Group Famiy Day Care Homes, Heidi Marie Flinn
Fordham Urban Law Journal
This Note argues that courts should apply the Contract Clause analysis that is set for by the Supreme Court in Energy Reserves to all home based day care cases regardless of whether it is state legislative or judicial action that prevents enforcement of a restrictive covenant. It begins by explaining the background of restrictive covenants as they apply to group homes and outlines Contract Clause analysis in relation to restrictive covenants. Additionally, this Note explores the Fair Housing Act and how it is becoming the best tool to litigate cases involving covenants and group homes for the mentally ill, but …