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Articles 1 - 9 of 9
Full-Text Articles in Law
Boarding Up The Fair Housing Act: Time Barring Design And Construction Claims For Handicapped Individuals., Matthew R. Farley
Boarding Up The Fair Housing Act: Time Barring Design And Construction Claims For Handicapped Individuals., Matthew R. Farley
The Scholar: St. Mary's Law Review on Race and Social Justice
The Fair Housing Act (FHA), enacted as Title VIII of the Civil Rights Act of 1968, prohibits the discrimination of the sale, rental, and financing of residential dwellings based on race, color, religion, or national origin. Eventually, Congress amended the Fair Housing Act by adding disabilities and family composition to the list of protected classes. This change was enacted to combat the wide assortment of discriminatory issues that these now-protected individuals experience. Disabled individuals are likely to face discrimination due to the design or construction of residential homes. Though Congress has made a conscious effort to address and minimize the …
Redlining: Why Make A Federal Case Out Of It, Elaine M. Andrews, Matthew J. Shier
Redlining: Why Make A Federal Case Out Of It, Elaine M. Andrews, Matthew J. Shier
Golden Gate University Law Review
No abstract provided.
Hurricanes, Oil Spills, And Discrimination, Oh My: The Story Of The Mississippi Cottage, Jennifer Evans-Cowley
Hurricanes, Oil Spills, And Discrimination, Oh My: The Story Of The Mississippi Cottage, Jennifer Evans-Cowley
Jennifer Evans-Cowley
Abstract: Immediately following Hurricane Katrina, the Mississippi Governor’s Commission for Recovery, Rebuilding, and Renewal collaborated with the Congress for the New Urbanism to generate rebuilding proposals for the Mississippi Gulf Coast. One of the ideas generated from this partnership was the Katrina Cottage—a small home that could improve upon the FEMA Trailer. The State of Mississippi participated in the resulting Alternative Housing Pilot Program, which was funded by the U.S. Congress. Five years after Katrina, this study examines how local governments have responded to the Mississippi Cottage Program. The study poses two research questions centered around the barriers residents face …
Citizen Police: Using The Qui Tam Provision Of The False Claims Act To Promote Racial And Economic Integration In Housing, Jan P. Mensz
Citizen Police: Using The Qui Tam Provision Of The False Claims Act To Promote Racial And Economic Integration In Housing, Jan P. Mensz
University of Michigan Journal of Law Reform
Economic and racial integration in housing remains elusive more than forty years after the passage of the Fair Housing Act. Recalcitrant municipal governments and exclusionary zoning ordinances have played a large role in maintaining and exacerbating segregated housing patterns. After discussing some of the persistent causes of segregated housing patterns, this Note presents a novel approach to enforcing the Fair Housing Act and the "affirmatively furthering fair housing" requirement on recipients of federal housing grants. This Note presents a citizen suit that emerged from the Southern District of New York in Anti-Discrimination Center v. Westchester County, where a private …
Discretionary Pricing, Mortgage Discrimination, And The Fair Housing Act, Robert G. Schwemm, Jeffrey L. Taren
Discretionary Pricing, Mortgage Discrimination, And The Fair Housing Act, Robert G. Schwemm, Jeffrey L. Taren
Law Faculty Scholarly Articles
For generations, mortgage lending has always been the gateway to the American dream of homeownership, and, historically, has also been characterized by widespread discrimination against racial and ethnic minorities and their communities. Mortgage discrimination in the modem era has often been accomplished through a technique known as discretionary pricing, in which lenders allow their loan officers and brokers to increase borrowers' costs from an objectively determined base rate. In the past decade alone, discretionary pricing has cost minority homeowners billions of dollars in extra payments, which, in tum, has led these minorities to suffer higher foreclosure rates than whites and …
Interactive Computer Service Liability For User-Generated Content After Roommates.Com, Bradley M. Smyer
Interactive Computer Service Liability For User-Generated Content After Roommates.Com, Bradley M. Smyer
University of Michigan Journal of Law Reform
This Note explores the future of interactive computer service provider (ICSP) liability for user-generated content under the Communications Decency Act (CDA) after Roommates.com II. Roommates.com II held that a housing website was not entitled to immunity under § 230 of the CDA from federal Fair Housing Act claims, in part because providing preselected answers to a mandatory questionnaire rendered the site an "information content provider" at least partially responsible for creation or development of answers. After examining the historical and legislative origins of ICSP immunity for user-generated content under 47 U.S. C. § 230, this Note argues that courts …
Cuomo V. Clearing House Association: Protecting Minorities From Discriminatory Lending Practices By Upholding States' Right To Enforce Predatory Lending Laws, Elvira Pereda
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Using Disparate Impact Analysis In Fair Housing Act Claims: Landlord Withdrawal From The Section 8 Voucher Program, Rebecca Tracy Rotem
Using Disparate Impact Analysis In Fair Housing Act Claims: Landlord Withdrawal From The Section 8 Voucher Program, Rebecca Tracy Rotem
Fordham Law Review
The Fair Housing Act (FHA) outlaws discrimination in housing based on race, color, religion, national origin, and sex. A plaintiff can win an FHA claim using a disparate impact theory by showing that the defendant’s actions had a disproportionately adverse impact on a protected class. This Note will address a circuit court split on whether a landlord can be held liable for discrimination under the FHA for withdrawing from the Section 8 voucher program. Section 8 is a government program that provides low-income citizens with vouchers to pay a portion of their rent. Many voucher recipients are minorities or persons …
Of Visible Race-Consciousness And Institutional Role: Equal Protection And Disparate Impact After Ricci And Inclusive Communities, Richard A. Primus
Of Visible Race-Consciousness And Institutional Role: Equal Protection And Disparate Impact After Ricci And Inclusive Communities, Richard A. Primus
Book Chapters
Six years ago, Ricci v. DeStefano foregrounded the possibility that statutory disparate-impact standards like the one in Title VIl might be on a collision course with the Fourteenth Amendment's Equal Protection Clause. For many observers, it was a radically new possibility. Until that point, disparate-impact doctrine had usually been understood as an ally of equal protection rather than as a potentially conflicting aspect of the law. But between the 1970s and the beginning of the present century, equal protection doctrine became more individualistic and less tolerant of race-conscious actions intended to redress inherited racial hierarchies. Those developments put equal protection …