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Full-Text Articles in Law

Over-Stuffing The Envelope: The Problems With Creative Transfer Of Development Rights, Margaret Giordano Jan 1988

Over-Stuffing The Envelope: The Problems With Creative Transfer Of Development Rights, Margaret Giordano

Fordham Urban Law Journal

This note examines how not-for-profit institutions and private developers are engaging in innovative transactions pushing transferable development rights (TDRs) to new extremes. The Board of Estimate has created exceptions to its own zoning laws to benefit not-for-profits, for instance, by allowing transfer of unused development rights to previously impermissible distances. This note explores whether TDR transactions involving not-for-profit organizations have set precedents that will thwart traditional urban planning objectives. The note examines the history of TDRs and recent radical applications involving Grand Central Terminal, South Street Seaport, and Old Slip. The author ultimately balances the creative applications of TDRs with …


Potential Liability For Misrepresentations In Residential Real Estate Transactions: Let The Broker Beware, Dawn K. Mcgee Jan 1988

Potential Liability For Misrepresentations In Residential Real Estate Transactions: Let The Broker Beware, Dawn K. Mcgee

Fordham Urban Law Journal

While the caveat emptor (buyer beware) theory has traditionally applied to real estate purchases, courts are continuously recognizing a brokers' duty to disclose. Some courts have found duty under an agent-principal relationship; others have found a duty as a matter of public policy, statutory language, ethics codes, or malpractice case law. Courts also differ on whether brokers have a duty to investigate the property and disclose defects. The author recognizes three issues of broker liability about which courts are divided: (1) the level of culpability required to find broker liability; (2) the basis of a real estate broker's duty to …


Regulatory Taking: A Contract Approach, Ross B. Lipsker, Rebecca L. Heldt Jan 1988

Regulatory Taking: A Contract Approach, Ross B. Lipsker, Rebecca L. Heldt

Fordham Urban Law Journal

This Article begins by defining the parameters of the fifth amendment's taking clause. The Article then reviews the various tests used in determining whether governmental action constitutes a taking, and discusses the recent Supreme Court decisions within the framework of case law as it has evolved since the Court's 1922 landmark decision, Pennsylvania Coal Co. v. Mahon. Finally, the Article suggests a formula based on well-established contract principles for analyzing the impact of land use regulation on private property interests.


"Warranty Of Security" In New York: A Landlord's Duty To Provide Security Precautions In Residential Buildings Under The Implied Warranty Of Habitability, Christine Hagan Jan 1988

"Warranty Of Security" In New York: A Landlord's Duty To Provide Security Precautions In Residential Buildings Under The Implied Warranty Of Habitability, Christine Hagan

Fordham Urban Law Journal

Although New York lower courts have held that security precautions are an essential element in making an apartment habitable, the New York Court of Appeals has not yet spoken on this issue. Therefore, in the absence of legislative clarification, the extent of security mandated under New York's warranty of habitability is uncertain. This Note examines the development of the warranty of habitability to include security precautions and discusses the status of a "warranty of security" in New York. The Note then proposes guidelines to determine whether a New York landlord has breached a duty to provide adequate security under section …