Law Commons^™

The Great Senior Short-Sale Or Why Policy Inertia Will Short Change Millions Of America's Seniors, Arthur C. Nelson

Journal of Comparative Urban Law and Policy

No abstract provided.

The Life And Death Of Great Cities In The Time Of Climate Change And The Covid-19 Pandemic, James Kushner

Journal of Comparative Urban Law and Policy

No abstract provided.

Screened Out Of Housing: The Impact Of Misleading Tenant Screening Reports And The Potential For Criminal Expungement As A Model For Effectively Sealing Evictions, Katelyn Polk

Northwestern Journal of Law & Social Policy

Having an eviction record “blacklists” tenants from finding future housing. Even renters with mere eviction filings—not eviction orders—on their records face the harsh collateral consequences of eviction. This Note argues that eviction records should be sealed at filing and only released into the public record if a landlord prevails in court. Juvenile record expungement mechanisms in Illinois serve as a model for one way to protect people with eviction records. Recent updates to the Illinois juvenile expungement process provided for the automatic expungement of certain records and strengthened the confidentiality protections of juvenile records. Illinois protects juvenile records because it …

Families Belong Together: The Path To Family Sanctity In Public Housing, Mckayla Stokes

Northwestern Journal of Law & Social Policy

In its 2015 landmark civil rights decision in Obergefell v. Hodges, the Supreme Court finally held that the Equal Protection and Due Process Clauses of the United States Constitution guarantee same-sex couples’ marital equality. The Court’s unprecedented declaration that the right to marry is a fundamental right under the Due Process Clause strengthened married couples’ right to privacy because it subjects government actions infringing on marital unions to heightened scrutiny. The Supreme Court has the option to minimize the impact of Obergefell by interpreting the right to marriage very narrowly—as only encompassing the right to enter into a state-recognized union …

Singapore, Land Use And The Lessons For Human Development, Wellington Migliari

Journal of Comparative Urban Law and Policy

A study of the impact of using land use controls as a strategic tool to further human development among all social classes is presented. We advocate that human rights include a long-term practice of combining public policies, manufacturing industry, and property system. Further, this study strives to educate economists and those in other academic areas (e.g. humanities) on the importance of considering land use, ownership, and urban planning with economics to form a new theory of developmentalism. Singapore provides a case study demonstrating similar aspects that may shed light on that debate. The Housing & Development Board and the Urban …

Ten Years Of The French Dalo And The Catalan Right To Housing Act: European Innovation In The Fields Of Land Use Planning And Housing, Camille Mialot, Juli Ponce

Journal of Comparative Urban Law and Policy

The main objective of this article is to give an overview for an international audience of the results of two acts which were passed the same year, 2007 - the French Enforceable right to housing (Droit au logement opposable, later referred as DALO) Act, and the Catalan Right to Housing Act (Llei catalana del dret a l´habitatge, CRHA). Both acts are good examples of legal innovations regarding land use and housing at the beginning of the 21st Century. The first one established an enforceable right to housing in France for the first time in French history. The second one is …

Affordable Housing, Zoning And The International Covenant On Economic, Social And Cultural Rights: Some Lessons From The Spanish And South African Experiences, Juli Ponce

Journal of Comparative Urban Law and Policy

No abstract provided.

The Politics Of Race, Class, And Gentrification In The Atl, Keith Jennings

Trotter Review

Methodologically, the essay uses a multidisciplinary approach to examine gentrification from a race, class, and gender perspective. Within the essay a number of the dynamics directly associated with Atlanta’s political economy and the impact those dynamics are having on issues such as affordable housing, poverty, and Black employment and underemployment are analyzed. While not a central focus of the essay, the changes taking place outside of Atlanta in several counties, as a result of the push and pull effect in the metropolitan region, are briefly discussed.

From Disinvestment To Displacement: Gentrification And Jamaica Plain’S Hyde-Jackson Squares, Jen Douglas

Trotter Review

In this essay, I offer a place-based history of socioeconomic and demographic change in Hyde Square and nearby Jackson Square (henceforth “Hyde-Jackson Squares”). I document the area’s ongoing gentrification and describe the distribution of gentrification pressures. I situate this contemporary process against the socio-spatial patterns carved out by the area’s historical rise as an industrial suburb, its struggle amid decades of disinvestment, and the community efforts that ultimately stabilized the neighborhood. In these sequential transformations is the story of how Latinos and Blacks entered, departed, and have strived to remain in the neighborhood.

Community Land Trusts: A Powerful Vehicle For Development Without Displacement, May Louie

Trotter Review

In the Great Recession of 2007–2009, Boston’s communities of color were hit hard. A 2009 map of foreclosures looked like a map of the communities of color—Roxbury, Dorchester, and Mattapan. The one island of stability was a section of Roxbury called the Dudley Triangle—home to the community land trust of the Dudley Street Neighborhood Initiative (DSNI).

Originally established to respond to the community’s vision of “development without displacement,” the land trust model was adopted to help residents gain control of land and to use that control to prevent families from being priced out as they organized to improve their neighborhood. …

Gentrification As Anti-Local Economic Development: The Case Of Boston, Massachusetts, James Jennings

Trotter Review

Activists and political leaders across the city of Boston are concerned that gentrification in the form of rapidly rising rents in low-income and the poorest areas are contributing to displacement of families and children. Rising home sale prices and an increasing number of development projects are feeding into this concern. There is also a growing wariness about the impact that this scenario can have on small and neighborhood-based businesses and microenterprises whose markets are represented by the kinds of households facing potential displacement. This potential side-effect suggests that gentrification could actually emerge as anti-local economic development in Boston. It can …

Shelter Poverty: The Chronic Crisis Of Housing Affordability, Michael E. Stone

New England Journal of Public Policy

This paper examines housing affordability in the United States over the past three decades using the author’s concept of “shelter poverty.” The major findings are as follows: The number of shelter-poor households has been over 30 million since the early 1990s, an increase of more than 70 percent since 1970. Among families with children, rates of shelter poverty are much higher, and over the past several decades have risen faster, than among households with just one or two persons. Nearly half of all renter households are shelter-poor, victims of low incomes and rising rents; most low-income renters are headed by …

The Housing Crisis And New England's Economy: State And Local Initiatives To Offset The Federal Retreat, Rebecca Stevens

New England Journal of Public Policy

Housing is a major economic factor for any region. Over the last several years, dramatically increased housing prices in New England have cast doubt on the region's ability to sustain continued economic growth. Indeed, New England's lack of affordable housing has caused labor shortages and other problems for New England businesses. With the federal government slashing its housing assistance in the 1980s, New England states and localities have started to address the region's housing problems by developing a variety of housing programs. But their resources are relatively limited and they are not able to expand the supply of affordable housing …