Housing Law Commons^™

Midat Sodom And The Housing Affordability Crisis, Michael Lewyn

Michael E Lewyn

Planetizen Blog Posts- First Half Of 2019, Michael Lewyn

Michael E Lewyn

Market Urbanism Blog Posts - First Half Of 2019, Michael Lewyn

Michael E Lewyn

Do You Believe In Ghost Apartments?, Michael Lewyn

Michael E Lewyn

Introduction To Transit-Oriented Development, Michael Lewyn

Michael E Lewyn

Non-Enforcement Takings, Timothy M. Mulvaney

Timothy M. Mulvaney

The non-enforcement of existing property laws is not logically separable from the issue of unfair and unjust state deprivations of property rights at which the Constitution's Takings Clause takes aim. This Article suggests, therefore, that takings law should police allocations resulting from non-enforcement decisions on the same "fairness and justice" grounds that it polices allocations resulting from decisions to enact and enforce new regulations. Rejecting the extant majority position that state decisions not to enforce existing property laws are categorically immune from takings liability is not to advocate that persons impacted by such decisions should be automatically or even regularly …

The Rise Of Market Urbanism, Michael Lewyn

Michael E Lewyn

The Neighborhood Veto And Its Discontents, Michael Lewyn

Michael E Lewyn

Review Of The Fight For Fair Housing: Causes, Consequences And Future Implications Of The 1968 Federal Fair Housing Act, Tim Iglesias

Tim Iglesias

Threading The Needle Of Fair Housing Law In A Gentrifying City With A Legacy Of Discrimination, Tim Iglesias

Tim Iglesias

2018 July-December Market Urbanism Blog Posts, Michael Lewyn

Michael E Lewyn

I Share, Therefore It's Mine, Donald J. Kochan

Donald J. Kochan

My Planetizen Blog Posts July-August 2017, Michael Lewyn

Michael E Lewyn

Does The Threat Of Gentrification Justify Restrictive Zoning?, Michael Lewyn

Michael E Lewyn

Planetizen Blog Posts September-December 2017, Michael Lewyn

Michael E Lewyn

2017 Market Urbanism Report Blog Posts, Michael Lewyn

Michael E Lewyn

Financiación Por Promotores De Vivendas Asequibles Para La Clase Trabajadora Mediante Impuestos Y Recuperación De Plusvalías: Una Comparación De Los Enfoques Estadounidense Y Español, Julian Conrad Juergensmeyer

Julian C. Juergensmeyer

Este artículo explora las diferencias, similitudes, ventajas y desventajas comparativas entre los deberes de financiación de los promotores urbanos de viviendas asequibles y para la clase trabajadora en los Estados Unidos y España. Se hace hincapié en las impact fees como fuente de ingresos en los Estados Unidos y los requisitos de recuperación de plusvalías en España y en Cataluña en particular. El autor concluye que las impact fees norteamericanas proporcionan una base más amplia para los deberes de los promotores de financiación, pero que los programas españoles de recuperación de plusvalías ofrecen una mayor flexibilidad a las autoridades encargadas …

The New Progressive Property And The Low-Income Housing Conflict, Zachary A. Bray

Zachary Bray

The foundation of property law has been much debated in recent years, as several scholars have sought to provide a theoretical alternative to what they call the dominant, “law-and-economics” approach to property. In place of the law-and-economics approach, these scholars advance a new theoretical approach, which I call “the new progressive property.” At its core, this new approach favors rules thought to promote the collective well-being of the larger community while ensuring that relatively disadvantaged members of society have access to certain basic resources. This Article explores the boundaries and practical implications of the new progressive property. To do so, …

The Roots Of Expensive Zoning, Michael Lewyn

Michael E Lewyn

Two Arguments Against Home-Sharing, Michael Lewyn

Michael E Lewyn

Impact Fees And Housing Affordability: A Guidebook, Julian Juergensmeyer, A. Nelson

Julian C. Juergensmeyer

Impact fees are one-time charges applied to new development. Impact fees are a form of land-use regulation designed to assure that communities maintain adequate levels of public facilities in the face of growth. The resulting revenue generated for the construction or expansion of new facilities is coincidental to their land-use regulatory (i.e. police power) purpose. Were it not for growth many communities would have adequate public facilities and often if growth is at a manageable pace adequate public facilities can be provided concurrent with the impacts of growth. To assure adequate public facilities, impact fees are assessed and dedicated principally …

Dealing With Dirty Deeds: Matching Nemo Dat Preferences With Property Law Pragmatism, Donald J. Kochan

Donald J. Kochan

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

Martin A. Schwartz

No abstract provided.

California Supreme Court Unanimously Upholds Inclusionary Zoning As Land Use Regulation And Not An Exaction, Tim Iglesias

Tim Iglesias

Local governments, housing advocates, and people who need affordable housing won a solid victory in the California Supreme Court's unanimous opinion in California Bldg. Indus. Ass'n v. City of San Jose. In a complex 64-page opinion that is clearly drafted and rigorously argued, the court held that inclusionary zoning is a constitutionally permissible strategy to produce affordable housing and to promote economic integration that is subject to rational basis review and not heightened scrutiny.

This article outlines the factual and legal background of the case and discusses the court's reasoning in reaching its decision, including the court's refusal to find …

The Smart Cities Movement And Advancing The International Battle To Eliminate Homelessness - Barcelona As Test Case, John Travis Marshall, Jessica Venegas

John Travis Marshall

Barcelona is a leader in the smart cities movement, a movement that aims to help cities deliver services to citizens more efficiently and economically as a way of making the city a more inviting and inclusive place to live and work. As with any city committed to forward-looking economic, social, and urban development initiatives, it is important to consider whether ambitious goals to reinvent the city include an agenda to solve the persistent problems that have faced major cities for decades, including affordable housing and caring for roofless or homeless men and women. This article ties together the challenges Barcelona …

Affordable Housing For Sustainable Cities: A North American Perspective, Detroit Metropolitan Area And Montreal (Quebec), Courtney Lauren Anderson, Maryse Grandbois

Courtney L Anderson

Housing is an integral part to elevating and maintaining a quality of life to ensure a healthy and productive citizenship. The overwhelming number of citizens in Montreal and the United States who are unable to find housing that is less than 33% of their income stifles that economic progression of individuals and the society in which these individuals live. The ability for cities to dictate their own plans for creating and maintaining affordable housing without mandates from the federal vacillates among the various levels of government with each level having certain positive and negative elements. Although city autonomy can provide …

How Do You Solve A Problem Like In Kelo?, 40 J. Marshall L. Rev. 609 (2007), Debra Pogrund Stark

Debra Pogrund Stark

No abstract provided.

Yes To Infill, No To Nuisance, Michael Lewyn

Michael E Lewyn

This article argues against the use of private nuisance suits to exclude apartments from residential neighborhoods, based on the public interest in affordable housing and walkable infill development.

A Guide To New York State Commercial Landlord-Tenant Law And Procedure—Part Ii, Gerald Lebovits

Hon. Gerald Lebovits

No abstract provided.

Maximizing Inclusionary Zoning’S Contributions To Both Affordable Housing And Residential Integration, Tim Iglesias

Tim Iglesias

Inclusionary zoning is a popular policy that can uniquely serve both affordable housing and fair housing goals at the same time. Assuming the U.S. Department of Housing and Urban Development finalizes its proposed “Affirmatively Furthering Fair Housing” regulation, inclusionary zoning will become more broadly used. But more extensive use of inclusionary zoning poses both opportunities and risks for housing advocates because of the following three issues: (1) Unacknowledged tradeoffs between affordable housing and fair housing goals in inclusionary zoning design and implementation; (2) Conflicting concepts of residential integration; and (3) Legal challenges to inclusionary zoning. The challenge facing inclusionary zoning …