Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Publication
- Publication Type
Articles 1 - 11 of 11
Full-Text Articles in Housing Law
Fair Housing’S Third Act: American Tragedy Or Triumph?, Heather R. Abraham
Fair Housing’S Third Act: American Tragedy Or Triumph?, Heather R. Abraham
Journal Articles
Fifty-two years ago, Congress enacted a one-of-a-kind civil rights directive. It requires every federal agency—and state and local grantees by extension—to take affirmative steps to undo segregation. In 2020, this overlooked Fair Housing Act provision—the “affirmatively furthering fair housing” or “AFFH” mandate—has heightened relevance. Perhaps most visible is Donald Trump’s racially charged “protect the suburbs” campaign rhetoric. In an apparent appeal to suburban constituents, his administration repealed a race-conscious fair housing rule, replacing it with a no-questions-asked regulation that elevates “local control” above civil rights.
The maneuver is especially stark as protesters fill the streets, marching in opposition to systemic …
The Never-Ending Grasp Of The Prison Walls: Banning The Box On Housing Applications, Ashley De La Garza
The Never-Ending Grasp Of The Prison Walls: Banning The Box On Housing Applications, Ashley De La Garza
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming.
In West Philadelphia Born And Raised Or Moving To Bel-Air? Racial Steering As A Consequence Of Using Race Data On Real Estate Websites, Nadiyah J. Humber
In West Philadelphia Born And Raised Or Moving To Bel-Air? Racial Steering As A Consequence Of Using Race Data On Real Estate Websites, Nadiyah J. Humber
Law Faculty Scholarship
No abstract provided.
Fair Housing Enforcement In The Age Of Digital Advertising: A Closer Look At Facebook’S Marketing Algorithms, Nadiyah J. Humber, James Matthews
Fair Housing Enforcement In The Age Of Digital Advertising: A Closer Look At Facebook’S Marketing Algorithms, Nadiyah J. Humber, James Matthews
Law Faculty Scholarship
No abstract provided.
Arlington Heights Won In The Supreme Court But The Fair Housing Act’S Goal Of Promoting Racial Integration Saved The Low-Income Housing, Henry Rose
Touro Law Review
No abstract provided.
What’S Hud Got To Do With It?: How Hud’S Disparate Impact Rule May Save The Fair Housing Act’S Disparate Impact Standard, William F. Fuller
What’S Hud Got To Do With It?: How Hud’S Disparate Impact Rule May Save The Fair Housing Act’S Disparate Impact Standard, William F. Fuller
Fordham Law Review
Since 2011, the U.S. Supreme Court has granted certiorari three times on the question of whether disparate impact liability is cognizable under the Fair Housing Act (FHA). The first two times, the parties settled. The question is before the Court once again in Texas Department of Housing & Community Affairs v. Inclusive Communities Project, Inc., and this time the parties seem unlikely to settle.
Disparate impact liability in the civil rights context entails liability for actions that have a discriminatory effect, regardless of an actor’s motive. Under the FHA, this can translate into liability for actions that make housing …
Cox, Halprin, And Discriminatory Municipal Services Under The Fair Housing Act, Robert G. Schwemm
Cox, Halprin, And Discriminatory Municipal Services Under The Fair Housing Act, Robert G. Schwemm
Law Faculty Scholarly Articles
This Article deals with Cox v. City of Dallas, Halprin v. Prairie Single Family Homes of Dearborn Park Ass’n, and the issue of whether the Federal Fair Housing Act (FHA) should be interpreted to outlaw discrimination in the provision of services by local governments. Part I describes the Cox litigation and its connection with Halprin. Part II surveys the pre-Cox cases that have dealt with discriminatory municipal services. Part III analyzes the FHA's relevant provisions and their legislative history and concludes that Cox and Halprin were wrong to deny FHA protection to current residents. Part IV …
For The Rest Of Their Lives: Seniors And The Fair Housing Act, Robert G. Schwemm, Michael Allen
For The Rest Of Their Lives: Seniors And The Fair Housing Act, Robert G. Schwemm, Michael Allen
Law Faculty Scholarly Articles
America's population is growing older. According to the 2000 census, more than 35 million people in the United States (12% of the total population) are over 65 years old. These figures are expected to grow dramatically in the early decades of the twenty-first century as the "Baby Boom" generation reaches retirement age and as improvements in health care make it possible for more people to live to an advanced age.
Providing housing for this segment of the American population is already a massive industry and one that will certainly grow as the number of, older persons increases. One of the …
Discriminatory Housing Statements And §3604(C): A New Look At The Fair Housing Act’S Most Intriguing Provision, Robert G. Schwemm
Discriminatory Housing Statements And §3604(C): A New Look At The Fair Housing Act’S Most Intriguing Provision, Robert G. Schwemm
Law Faculty Scholarly Articles
Today, more than three decades after the 1968 Fair Housing Act ("FHA") banned such behavior, blatant discrimination—often accompanied by racist slurs and other explicitly discriminatory statements—continues to plague America's housing markets. The FHA not only outlawed discrimination in most housing transactions on the basis of race, color, religion, and national origin, but also contained a specific prohibition, § 3604(c), banning all discriminatory housing statements. Unlike the FHA's more traditional prohibitions against discriminatory refusals to deal and discriminatory terms and conditions, § 3604(c)'s ban on discriminatory statements has not been the subject of much litigation or debate.
Part I of the …
Government Lawyers And Their Private “Clients” Under The Fair Housing Act, Eugene R. Gaetke, Robert G. Schwemm
Government Lawyers And Their Private “Clients” Under The Fair Housing Act, Eugene R. Gaetke, Robert G. Schwemm
Law Faculty Scholarly Articles
In strengthening enforcement of the federal Fair Housing Act, Congress in the 1988 Fair Housing Amendments Act ("FHAA") authorized government lawyers from the Justice Department, the Department of Housing and Urban Development, and state and local civil rights agencies to prosecute cases "on behalf of” persons aggrieved by housing discrimination. This new enforcement scheme has led to a heightened level of administrative complaints and litigated cases in which government lawyers are put in the potentially difficult position of having to represent both their agency and private complainants.
The "triangular" relationships created by the FHAA between government lawyers and their public …
The Statute Of Limitations In The Fair Housing Act: Trap For The Unwary, Edward Phillips Nickinson, Iii
The Statute Of Limitations In The Fair Housing Act: Trap For The Unwary, Edward Phillips Nickinson, Iii
Florida State University Law Review
No abstract provided.