Law Commons^™

California's Anti-Discrimination Legislation, Proposition 14, And The Constitutional Protection Of Minority Rights: The Fiftieth Anniversary Of The California Fair Employment And Housing Act, David B. Oppenheimer

Golden Gate University Law Review

Fifty years ago, in 1959, the State of California outlawed racial discrimination in employment. But it took the California Legislature four more years to prohibit racial discrimination in private housing, and the immediate response was a successful campaign by the real-estate industry to repeal the law through a voter initiative. This essay tells the story of that campaign and the courageous judicial decisions that nullified the initiative.

Justifying Discrimination: How The Ninth Circuit Circumvented The Intent Of The Fair Housing Act, Katherine Brinson

Golden Gate University Law Review

This Note argues that the test applied by the Ninth Circuit in Community House was unreasonably inflexible and inconsistent with the goals of the Fair Housing Act, and that, by allowing for only limited, inflexible exceptions, the court foreclosed an opportunity to expand free or affordable housing for homeless women, men, and families. By contrast, a more flexible approach that weighs the adverse impact on the alleged victim against the benefits of the offered justifications, would better serve the purposes of the Fair Housing Act by allowing each community to maximize the housing opportunities it offers.

Housingdiscrimination.Com?: The Ninth Circuit (Mostly) Puts Out The Welcome Mat For Fair Housing Act Suits Against Roommate-Matching Websites, Diane J. Klein, Charles Doskow

Golden Gate University Law Review

This Article illuminates the bases of the Ninth Circuit's decision in Fair Housing Council v. Roommates.com and clarifies the issues on remand.

Expanding The Role Of North Carolina State Courts In Resolving Public Housing Disputes, Nooree Lee

North Carolina Central Law Review

No abstract provided.

Armed And Dangerous: The Crime Of Mortgage Fraud And What Congress Must Do To Stop It, Gabriel Zitrin

Legislation and Policy Brief

Instead, it will simply argue that while the relevant monetary policymakers continue far too slowly in the pursuit of mortgage securities reform, lawmakers whose purview includes the housing sector should use this opportunity to pursue a two-part strategy of aggressively combating fraud in the terms and sales of individual mortgages and taking bold measures to ensure that not simply embattled mortgage-holders but the victims of fraudulent lending behavior can achieve financial sustainability, even as they keep ownership of their homes.

City Of Edmonds V. Oxford House, Inc.: Opening Doors To Housing For Handicapped Persons, Michelle R.K. Todus

Golden Gate University Law Review

This note will begin with an examination of the Edmond Court's reasoning, and follow with a brief discussion of Oxford House and the FHA. Next, the important role Oxford House has played in challenging discriminatory housing practices will be summarized. This note will then examine the Congressional intent behind the FHA, concluding with a brief exploration of the national impact this decision may have on handicapped persons and local ordinances.

Residence Restrictions On Custodial Parents: Sex-Based Discrimination?, Alix Gravenstein Pastis

Golden Gate University Law Review

Residence restrictions are frequently imposed on the custodial, but not the noncustodial, parent. These restrictions come into play when the custodial parent wishes to move with the child, the noncustodial parent opposes the move, and a court is called upon to resolve the dispute. The court will do so based upon a determination of what it judges to be in the best interests of the child. The best interests inquiry ultimately resolves itself into a question of whether the custodial parent's reasons for making the move are sufficiently substantial to outweigh the noncustodial parent's interest in existing visitation privileges. A …

Fisher V. City Of Berkeley: Applying Due Process And Preemption To Rent Control Ordinances, Scott T. Dunning

Golden Gate University Law Review

In Fisher v. City of Berkeley, the California Supreme Court addressed the validity of Berkeley's latest rent control ordinance. With the exception of a retaliatory eviction provision, the court upheld the ordinance against all challenges. These challenges included alleged due process violations, and claims that certain provisions in the ordinance were preempted by state law. The Fisher court discussed five relevant issues: 1) the facial validity of the ordinance's rate of return standard; 2) the facial validity of the ordinance's rate adjustment procedures; 3) whether the ordinance constitutes an unreasonable restraint on the alienation of property; 4) the validity of …

California's Housing Element Guidelines And The Housing Crisis, Michael Rawson

Golden Gate University Law Review

No abstract provided.

Lender Liability For Failure To Enforce Life-Threatening Housing Code Violations, Eric B. Rasmussen

Golden Gate University Law Review

No abstract provided.

Birkenfeld V. City Of Berkeley: Blueprint For Rent Control In California, Michael L. Marowitz

Golden Gate University Law Review

No abstract provided.

The Right To A Decent Home, Stephen Nathan Dorsi

Golden Gate University Law Review

No abstract provided.

Housing Law Handbooks: Legal Self-Help For The Intended Beneficiaries, Helen Shapiro

Golden Gate University Law Review

No abstract provided.

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 …

Above All Else Stop Digging: Local Government Law As A (Partial) Cause Of (And Solution To) The Current Housing Crisis, Darien Shanske

University of Michigan Journal of Law Reform

So many things have gone wrong with our housing market that it is hard to know where to start. One simple diagnosis is that we invested too much in houses that were not worth as much as we thought. Looked at in this way, it is relatively easy to see how innovations like interest-only loans contributed to an over-valuation of housing. Certain actions of the federal government were and are also clearly problematic, such as the longstanding tax breaks for home ownership.

This Article looks at state and local government law, and particularly at financing mechanisms created by state law …

Please Check One--Male Or Female?: Confronting Gender Identity Discrimination In Collegiate Residential Life, Katherine A. Womack

University of Richmond Law Review

No abstract provided.

The Role Of The Exhaustion And Ripeness Doctrines In Reasonable Accomodation Denial Suits Under The Fair Housing Amendments Act, Matt Hall

Brigham Young University Journal of Public Law

No abstract provided.

"How Did This Happen To Me?": The Ugly Truth About Real Estate Scams, Valerie Uribe

Public Interest Law Reporter

No abstract provided.

Will The Current Economic Crisis Fuel A Return To Racial Policies That Deny Homeownership Opportunity And Wealth?, Marcia Johnson

The Modern American

No abstract provided.

Home Is Where The Hatred Is: A Proposal For A Federal Housing Administration Truth And Reconciliation Commission, Brian Gilmore

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Slums, Slumdogs, And Resistance, Tayyab Mahmud

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Bringing Human Rights Home: The Dc Right To Housing Campaign, Meetali Jain

Human Rights Brief

No abstract provided.

Privatopia In Distress: The Impact Of The Foreclosure Crisis On Homeowners’ Associations, Casey Perkins

Nevada Law Journal

Part I of this Note provides an introduction to HOAs, the foreclosure crisis, and the resulting recession that currently threaten many associations' financial stability. Part I begins with a discussion of the rise of common interest communities in the United States, as well as basic association functions. Following this historical introduction is a discussion of the foreclosure crisis and an overview of the severity of this crisis in Nevada.

Part II introduces the problems faced by HOAs across the country because of the foreclosure crisis. These problems fall into two general categories, budget shortfalls and physical deterioration of abandoned properties. …

Transparency In Lending In The United States And The United Kingdom: Which Business Model Does It Best, Mara Hart

Northwestern Journal of International Law & Business

The recent downturn of the global economy, spurred in large part by an unparalleled housing crisis and credit crunch in the United States and abroad, cannot be practicably understood or explained by an examination of isolated factors. Although the impact of the economic downturn has been felt globally, many blame the meltdown of the U.S. subprime mortgage market for their individual country's woes. Therefore, the mortgage regulatory scheme in the United States, in terms of lending practices and housing policies, is an important place to begin an inquiry into the origins of the global crisis. In order to better understand …