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2006

Housing Law

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Articles 31 - 57 of 57

Full-Text Articles in Law

Fair Housing Is Good Medicine: Applying The Fair Housing Act's No-Inquiry Regulation When Housing And Health Care Are Provided Together, Eric M. Carlson Mar 2006

Fair Housing Is Good Medicine: Applying The Fair Housing Act's No-Inquiry Regulation When Housing And Health Care Are Provided Together, Eric M. Carlson

ExpressO

The Fair Housing Act (FHA) protects individuals with disabilities from discrimination in the housing or rental markets. The FHA’s no-inquiry regulation prohibits a landlord from inquiring into an applicant’s health condition.

Although the FHA routinely has been applied to long-term care facilities – usually to protect a group home or similar facility from unfair zoning practices – the no-inquiry regulation has not been utilized to challenge the admissions practices of assisted living facilities, nursing facilities, and other long-term care facilities. Indeed, at first glance, a no-inquiry rule seems a poor fit for a facility that provides health care along with ...


Barriers To Accessible Housing: Enforcement Issues In "Design And Construction" Cases Under The Fair Housing Act, Robert G. Schwemm Mar 2006

Barriers To Accessible Housing: Enforcement Issues In "Design And Construction" Cases Under The Fair Housing Act, Robert G. Schwemm

University of Richmond Law Review

No abstract provided.


Borrowing Trouble? Vi: High-Cost Mortgage Lending In Greater Boston, 2004, Jim Campen Mar 2006

Borrowing Trouble? Vi: High-Cost Mortgage Lending In Greater Boston, 2004, Jim Campen

Gastón Institute Publications

Five years ago, in response to numerous reports of the growth of predatory lending, both locally and nationwide, the Massachusetts Community & Banking Council (MCBC) – whose Board of Directors has an equal number of bank and community representatives – commissioned a study of subprime refinance lending in the city of Boston and surrounding communities. The resulting report, Borrowing Trouble? Subprime Mortgage Lending in Greater Boston, 1999, was the first detailed look at subprime lending in the city of Boston and in twenty-seven surrounding communities.

This is the sixth report in the annual series begun by that initial study. Geographic coverage has now ...


Offering Hope To Post-Katrina Communities, Amee Patel Jan 2006

Offering Hope To Post-Katrina Communities, Amee Patel

Public Interest Law Reporter

No abstract provided.


Numerus Clausus: An Economic Perspective, Wei Zhang Jan 2006

Numerus Clausus: An Economic Perspective, Wei Zhang

Wei Zhang

No abstract provided.


Many Still Experiencing The Terrifying Effects Of Katrina, Clemon Ashley Jan 2006

Many Still Experiencing The Terrifying Effects Of Katrina, Clemon Ashley

Public Interest Law Reporter

No abstract provided.


Mandatory Inclusionary Zoning--The Answer To Affordable Housing Problem, Brian R. Lerman Jan 2006

Mandatory Inclusionary Zoning--The Answer To Affordable Housing Problem, Brian R. Lerman

Boston College Environmental Affairs Law Review

Affordable housing has always been a problem in the United States. Cities and towns originally engaged in forms of discrimination through exclusionary zoning to exclude low-income residents. While many of the social attitudes persist today, the question is how to encourage new affordable housing development. This Note introduces the concept of inclusionary zoning as a successful method for creating affordable housing. The Note examines the constitutional analyses used for land use ordinances. Then, the Note evaluates existing affordable housing programs, distinguishing between the eastern approach and the western approach. The eastern approach—represented by New Jersey, Massachusetts, and Montgomery County ...


Global Issues In Property Law, John G. Sprankling, Raymond R. Coletta, M.C. Mirow Jan 2006

Global Issues In Property Law, John G. Sprankling, Raymond R. Coletta, M.C. Mirow

McGeorge School of Law Teaching Materials

This title is designed to introduce comparative law perspectives that help students understand domestic property law concepts, in areas including adverse possession, the right to exclude, estates in land, future interests, marital property, the landlord-tenant relationship, eviction of tenants, low-income housing, land sales transactions, title assurance, nuisance, and land use. It also introduces students to areas of international law that are beginning to affect domestic property law, including the human right to property, international regulatory takings, and global land sales transactions.


Advancing The Right To Adequate Housing Of Desperately Poor People: City Of Johannesburg V. Rand Properties, Lilian Chenwi Jan 2006

Advancing The Right To Adequate Housing Of Desperately Poor People: City Of Johannesburg V. Rand Properties, Lilian Chenwi

Human Rights Brief

No abstract provided.


Beyond Kelo: Thinking About Urban Development In The 21st Century, Wendell E. Pritchett Jan 2006

Beyond Kelo: Thinking About Urban Development In The 21st Century, Wendell E. Pritchett

Faculty Scholarship at Penn Law

No abstract provided.


Why People Who Face Losing Their Homes In Legal Proceedings Must Have A Right To Counsel, Andrew Scherer Jan 2006

Why People Who Face Losing Their Homes In Legal Proceedings Must Have A Right To Counsel, Andrew Scherer

Articles & Chapters

No abstract provided.


Navigating Residential Attorney Approvals: Finding A Better Judicial North Star, 39 J. Marshall L. Rev. 171 (2006), Debra Pogrund Stark Jan 2006

Navigating Residential Attorney Approvals: Finding A Better Judicial North Star, 39 J. Marshall L. Rev. 171 (2006), Debra Pogrund Stark

The John Marshall Law Review

No abstract provided.


Securing A Civil Right To Counsel: The Importance Of Collaborating, Andrew Scherer Jan 2006

Securing A Civil Right To Counsel: The Importance Of Collaborating, Andrew Scherer

Articles & Chapters

No abstract provided.


Land Use And Housing Policies To Reduce Concentrated Poverty And Racial Segregation, Myron Orfield Jan 2006

Land Use And Housing Policies To Reduce Concentrated Poverty And Racial Segregation, Myron Orfield

Fordham Urban Law Journal

This Article recommends that land use and housing policies be marshaled to reduce residential racial segregation and concentrated poverty. It argues secondly, that state legislatures must adopt a coordinated policy approach. This Article uses Oregon's comprehensive land use legislation as a paradigmatic example of policies that effectively promote affordable housing and decrease urban sprawl. Finally, the article discusses nine policies that the author believes are necessary to promote stable metropolitan living patterns.


Relational Contracts In The Privatization Of Social Welfare: The Case Of Housing , Nestor M. Davidson Jan 2006

Relational Contracts In The Privatization Of Social Welfare: The Case Of Housing , Nestor M. Davidson

Faculty Scholarship

Privatization has become a permanent and increasingly significant fixture on the landscape of contemporary public policy. Federal, state, and local governments now turn to the private sector for everything from collecting neighborhood garbage to assisting in the occupation of Iraq. As Martha Minow recently noted, "a sea change is at work," with "[p]rivate and market-style mechanisms.., increasingly employed to provide what government had taken as duties." Nowhere is this trend more pronounced, and contested, than in the privatization of social welfare. In that arena, privatization's potential to harness the experience, efficiency, and diversity of the private sector sharply ...


Section 1983 Cases In The October 2004 Term, Martin A. Schwartz Jan 2006

Section 1983 Cases In The October 2004 Term, Martin A. Schwartz

Touro Law Review

No abstract provided.


Supplemental Comments Of Robert A. Solomon, Robert A. Solomon Jan 2006

Supplemental Comments Of Robert A. Solomon, Robert A. Solomon

Faculty Scholarship Series

Many of the civil legal services in Connecticut are provided by
three regional agencies. When most of Connecticut's legal services
programs merged into a single program during the 1970s, creating
Connecticut Legal Services, New Haven and Hartford resisted, fearing a
loss of control and potential loss of funding. Resisting merger did in
fact benefit New Haven and Hartford, as these communities now have
more civil legal aid resources than any other city in relation to need.


Barriers To Accessible Housing: Enforcement Issues In “Design And Construction” Cases Under The Fair Housing Act, Robert G. Schwemm Jan 2006

Barriers To Accessible Housing: Enforcement Issues In “Design And Construction” Cases Under The Fair Housing Act, Robert G. Schwemm

Law Faculty Scholarly Articles

In the Fair Housing Amendments Act of 1988 (“FHAA”), Congress added “handicap” to the bases of discrimination outlawed by the federal Fair Housing Act (“FHA”) and also enacted three special provisions to further insure equal housing opportunity for persons with disabilities. One of these special provisions—§ 3604(f)(3)(C) —mandates that all new multi-family housing be designed and constructed with seven specified accessibility features.

Despite the accessibility requirements of § 3604(f)(3)(C)—and similar requirements in scores of state and local fair housing laws—a great deal of the multi-family housing built since §3604(f)(3)(C) became ...


Hurricane Katrina And The Toxic Torts Implications Of Environmental Injustice In New Orleans, 40 J. Marshall L. Rev. 1 (2006), L. Darnell Weeden Jan 2006

Hurricane Katrina And The Toxic Torts Implications Of Environmental Injustice In New Orleans, 40 J. Marshall L. Rev. 1 (2006), L. Darnell Weeden

The John Marshall Law Review

No abstract provided.


Tax Expenditures, Principal-Agent Problems, And Redundancy, David A. Weisbach Jan 2006

Tax Expenditures, Principal-Agent Problems, And Redundancy, David A. Weisbach

Washington University Law Review

This Article considers tax expenditures from two related perspectives. First, it analyzes how the incentives on Congress to use a tax expenditure change when principal-agent problems are considered. For example, it considers whether tax expenditures can reduce moral hazard or adverse selection problems created by delegations to expert agencies. Second, it considers the condition under which tax expenditures should be expected to be redundant with direct expenditures, as many are. The two perspectives—principal-agent problems and redundancy—are related because redundancy is often seen as a solution to the principal-agent problem. The Article concludes that both principal-agent concerns and redundancy ...


Improving The Construction And Litigation Resolution Process: The 2005 Amendments To The Washington Condominium Act Are A Win-Win For Homeowners And Developers, Mark F. O'Donnell, David E. Chawes Jan 2006

Improving The Construction And Litigation Resolution Process: The 2005 Amendments To The Washington Condominium Act Are A Win-Win For Homeowners And Developers, Mark F. O'Donnell, David E. Chawes

Seattle University Law Review

On August 1, 2005, significant amendments to the Washington Condominium Act (WCA) became effective. These amendments were intended to substantially reduce water infiltration in multiunit residential buildings and to simplify the condominium construction dispute resolution process. The heart of the amendments is the implementation of alternative dispute resolution (ADR) procedures, as well as fee-shiftingprovisions which require the non-prevailing party to pay the attorney fees and costs of the prevailing party. A decade of lawsuits brought under the WCA by condominium owners associations against builders and developers, and in turn by builders against subcontractors, alleging defects in the ability of the ...


Caution, Cooperative Agreements, And The Actual State Of Things: A Reply To Professor Fletcher, Ezra Rosser Jan 2006

Caution, Cooperative Agreements, And The Actual State Of Things: A Reply To Professor Fletcher, Ezra Rosser

Articles in Law Reviews & Other Academic Journals

This short article argues that tribal governments considering entering into cooperative agreements with federal, state, or local governments ought to maintain a healthy skepticism regarding the non-tribal governments sitting across from them at the negotiating table and the appropriateness of entering into cooperative agreements.


Rural Housing And Code Enforcement: Navigating Between Values And Housing Types, Ezra Rosser Jan 2006

Rural Housing And Code Enforcement: Navigating Between Values And Housing Types, Ezra Rosser

Articles in Law Reviews & Other Academic Journals

This paper focuses on the relationship between rural housing and building codes. The paper covers the relationship between the existing urban based literature on housing conditions and the rural housing situation as well as a theoretical exploration of different ways of understanding value in housing. Finally, two rural case studies - the Navajo Nation and a small Colorado subdivision - illustrate the challenges of rural housing code enforcement and demonstrate how officials could benefit from the model.


The Forgotten Role Of Harassment In Residential Segregation, Aric Short Dec 2005

The Forgotten Role Of Harassment In Residential Segregation, Aric Short

Aric Short

No abstract provided.


Rural Housing And Code Enforcement: Navigating Between Values And Housing Types, Ezra Rosser Dec 2005

Rural Housing And Code Enforcement: Navigating Between Values And Housing Types, Ezra Rosser

Ezra Rosser

This paper focuses on the relationship between rural housing and building codes. The paper covers the relationship between the existing urban based literature on housing conditions and the rural housing situation as well as a theoretical exploration of different ways of understanding value in housing. Finally, two rural case studies - the Navajo Nation and a small Colorado subdivision - illustrate the challenges of rural housing code enforcement and demonstrate how officials could benefit from the model.


Caution, Cooperative Agreements, And The Actual State Of Things: A Reply To Professor Fletcher, Ezra Rosser Dec 2005

Caution, Cooperative Agreements, And The Actual State Of Things: A Reply To Professor Fletcher, Ezra Rosser

Ezra Rosser

This short article argues that tribal governments considering entering into cooperative agreements with federal, state, or local governments ought to maintain a healthy skepticism regarding the non-tribal governments sitting across from them at the negotiating table and the appropriateness of entering into cooperative agreements.


Unintended Consequences: Eminent Domain And Affordable Housing, Matthew J. Parlow Dec 2005

Unintended Consequences: Eminent Domain And Affordable Housing, Matthew J. Parlow

Matthew Parlow

The continuing controversy regarding Kelo v. City of New London demonstrates that there are a number of problems and tensions associated with eminent domain that entice scholars. This article addresses one such problem: the singular link between eminent domain and affordable housing. Though rarely discussed, this link reveals a long history of cities' use of their eminent domain power to advance development projects that rarely include affordable housing. Moreover, when cities condemn property through eminent domain to further new development projects, they often do so in a manner that undermines many of the goals of building more affordable housing. As ...