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Articles 1 - 30 of 30
Full-Text Articles in Housing Law
Toward “The Most Freedom”: Decriminalizing Sex Work Alleviates Housing Discrimination And Housing Instability Faced By Sex Workers In New York City, Bianca B. Li
Journal of Law and Policy
While sex work has been incrementally decriminalized in New York City, statutes that criminalize some forms of sex work remain good law in New York City and generate potentially life-altering penalties for sex workers who are arrested or convicted under these laws. This leads to complications for sex workers who seek to rent apartments. The New York City Human Rights Law, the City’s anti-discrimination statute, does not offer explicit protection to sex workers against housing discrimination, and two criminal laws penalize property owners for allowing sex work to occur on or near their premises. This Note explores the shortcomings of …
The White Supremacist Structure Ofamerican Zoning Law, Sarah J. Adams-Schoen
The White Supremacist Structure Ofamerican Zoning Law, Sarah J. Adams-Schoen
Brooklyn Law Review
This article disrupts the false narrative of white supremacism that has, for more than a century, cast American land use law as race neutral. In doing so, this article builds on an important but underdeveloped body of legal scholarship elucidating zoning law’s role in creating and perpetuating a separate and unequal dual housing system. It provides primary historical evidence and a clear narrative demonstrating that the defining feature of American zoning law—a strict residential use taxonomy that privileges neighborhoods of restrictively regulated single-family homes and burdens less restrictively regulated residential areas—emerged directly from the facially race-based and facially neutral, but …
Who’S The Fairest Of Them All: Circuit Split Over Landlord Liability For Tenant-On-Tenant Discrimination Under The Fair Housing Act, Kelli Conway
Brooklyn Law Review
This note explores a circuit split between the Second and Seventh Circuits regarding whether landlords and property owners can be held liable for postacquisition, tenant-on-tenant discrimination. This issue is one of first impression in recent years, resulting in divergent holdings. To address conflicting judicial approaches to an increasingly prevalent civil claim, this note argues for the necessity of a Congressional amendment to the Fair Housing Act (FHA), the law which generally governs housing discrimination. Specifically, the proposed amendment would recognize postacquisition discrimination as an actionable claim and append a test to the FHA for postacquisition liability as employed by the …
No Pact With The Devil: Defending & Strengthening New York City’S Permanent Affordability Commitment Together (Pact) - P3, Madeline Martinez
No Pact With The Devil: Defending & Strengthening New York City’S Permanent Affordability Commitment Together (Pact) - P3, Madeline Martinez
Journal of Law and Policy
Faced with the dual threats of a federal receivership and a growing deficit of federal appropriations, in 2018, New York City Mayor Bill DeBlasio enrolled the New York City Housing Authority (“NYCHA”) into the Permanent Affordability Commitment Together (“PACT”). PACT would allow NYCHA to convert its federal Section 9 funding streams into federal Section 8 vouchers and permit the local public housing authority to enter public-private partnerships with private developers. This move would infuse NYCHA with an additional $12.8 billion in funding to counteract its roughly $31.8 billion deficit. However, immediately after the mayor unveiled his plans to pursue PACT, …
Landlord Bounty Hunters: Qui Tam As An Effective Tool For Housing Code Enforcement, Alex Ellefson
Landlord Bounty Hunters: Qui Tam As An Effective Tool For Housing Code Enforcement, Alex Ellefson
Journal of Law and Policy
Millions of American renters live in substandard housing. Conditions in these homes not only affect individual renters’ quality of life, but in the aggregate create enormous burdens on public resources in the form of higher healthcare costs, demand for public benefits, and lower economic productivity. Furthermore, the legacy of racist housing policies in the United States has concentrated poor housing conditions in low-income communities of color. This Note argues that existing methods of housing code enforcement are inadequate. Instead, housing advocates should turn to an ancient remedy that has been used to prosecute fraud, labor violations, and even pirates: qui …
Qap Out: Why The Federal Government Should Require More From How States Allocate Low-Income Housing Tax Credits, Connor Blancato
Qap Out: Why The Federal Government Should Require More From How States Allocate Low-Income Housing Tax Credits, Connor Blancato
Journal of Law and Policy
Prohibitively high land acquisition and construction costs block affordable housing developers from using the Low-Income Housing Tax Credit program in high opportunity areas. Policymakers must study the history of housing policy in the United States and realize that the LIHTC program works because it suitably balances previously problematic private-market competition, federalism concerns, and compliance issues. Federal lawmakers can look to Qualified Allocation Plans drafted by individual states as a way to encourage the construction of affordable housing without upsetting this equilibrium. To encourage such development, the federal government can require states, in determining tax credit allocations through QAPs, to give …
Living Landmarks: Equipping Landmark Protection For Today’S Challenges, Kyle Campion
Living Landmarks: Equipping Landmark Protection For Today’S Challenges, Kyle Campion
Journal of Law and Policy
The past few decades have brought tremendous change to New York City as gentrification continues its march through many of the city’s neighborhoods. This change has transformed formerly neglected neighborhoods into highly desired locations. While these changes have introduced potential benefits to the transformed areas, they have also put immense economic pressure on important local establishments, such as diners, bars, and other informal gathering spaces that played an important role in their communities before the neighborhoods became “hot.” Increasingly, this pressure has resulted in the shuttering of many such local establishments. Their disappearance represents not only a loss of an …
Things Fall Apart (Next Door): Discriminatory Maintenance And Decreased Home Values As The Next Fair Housing Battleground, Michelle Y. Ewert
Things Fall Apart (Next Door): Discriminatory Maintenance And Decreased Home Values As The Next Fair Housing Battleground, Michelle Y. Ewert
Brooklyn Law Review
Banks that once preyed on communities of color through predatory lending now drive property values down by failing to adequately maintain foreclosed properties they own in those neighborhoods. Declining home values are especially destructive in communities of color because the family home is often a household’s most significant asset and, thus, the key to accumulating wealth and creating opportunity. This article argues that neighboring homeowners whose property values have declined as a result of banks’ discriminatory maintenance of foreclosed properties have standing to sue those banks under the Fair Housing Act (FHA). This article explores historic barriers to homeownership in …
Dismantling Mid-Century Urban Renewal: A Community-Based Approach For The Future Of New York City, Alia Soomro
Dismantling Mid-Century Urban Renewal: A Community-Based Approach For The Future Of New York City, Alia Soomro
Brooklyn Law Review
Despite more than half a century since urban renewal programs were first established throughout the United States, these urban development programs are still negatively associated with the destruction of communities, displacement, and poor urban planning practices. While many jurisdictions continue to utilize state urban renewal legislation, few of these jurisdictions have actually addressed the future of urban renewal programs. This note focuses on urban renewal in New York City, where many of these plans are about to expire, and asks whether urban renewal programs—with its infamous history—can be utilized in an equitable and sustainable way. Analyzing Local Law No. 40 …
Air Banned And Barred: Why New York City's Affordable Housing Crisis Has No Room For Short-Term Rentals, Wilson Chow
Air Banned And Barred: Why New York City's Affordable Housing Crisis Has No Room For Short-Term Rentals, Wilson Chow
Brooklyn Journal of Corporate, Financial & Commercial Law
In August 2018, New York City passed a law that required short-term rental websites to disclose information about their users who host in the city. Airbnb, the largest short-term rental company, filed suit with hopes of having short-term rentals legalized. The law stems from the city’s efforts to amelioerate its affordable housing crisis. With over 8.5 million residents living in a tight housing market, New York City should not allow home owners or rental tenants to commercialize their property into de facto hotels that will likely provide accommodations to tourists. This Note will examine the recent law’s impact on New …
Proving The Point: Connections Between Legal And Mathematical Reasoning, Maria Termini
Proving The Point: Connections Between Legal And Mathematical Reasoning, Maria Termini
Faculty Scholarship
No abstract provided.
The End Of The Home Affordable Modification Program And The Start Of A New Problem, Christopher K. Whelan
The End Of The Home Affordable Modification Program And The Start Of A New Problem, Christopher K. Whelan
Brooklyn Law Review
The mortgage crisis hit the United States hard, leaving millions of homeowners facing hardship and foreclosure. One of many programs enacted during the mortgage crisis was the Home Affordable Modification Program (HAMP). The Obama Administration set out to assist three to four million struggling homeowners in modifying their mortgages and avoiding foreclosure. This note examines HAMP, focusing on the years of litigation that shaped HAMP, giving life to a program that was built on a foundation ready to crack. HAMP provided homeowners with modified mortgage payments, typically beginning with a trial period plan. Once completed, homeowners were routinely denied, resulting …
Taking Away The Tightrope: Fixing The National Flood Insurance Program Circus Via Eminent Domain, Alexander S. Mendelson
Taking Away The Tightrope: Fixing The National Flood Insurance Program Circus Via Eminent Domain, Alexander S. Mendelson
Brooklyn Law Review
As Harvey, Irma, Maria and other major 2017 storms washed upon the shores of the United States, millions of people across the nation in major cities and rural areas alike found their possessions, their homes, and sadly in many cases their lives, washed away with the storms. The destructive hurricane season came just as Congress began to consider the reauthorization of the National Flood Insurance Program (NFIP), a federal system of subsidized flood insurance created to fill a void left by private insurers in the 1960s. Extreme weather events such as these illustrate the need for such a program and …
Syria Under Pinheiro: Reformulating Syrian Domestic Law For Decentralized Reconstruction, George Somi
Syria Under Pinheiro: Reformulating Syrian Domestic Law For Decentralized Reconstruction, George Somi
Brooklyn Journal of International Law
According to the United Nations High Commissioner for Refugees; since 2011; the Syrian conflict has generated roughly 5.4 million refugees; while approximately 6.5 million people are internally displaced within the country; making it the largest internally displaced population in the world. Rebuilding Syria’s infrastructure; homes; and businesses will be an immense task; with cost estimates ranging between $250–$350 billion USD. The Syrian government and the international community have already started to contemplate postwar reconstruction and even wartime reconstruction; despite the ongoing fighting. This Note operates under the assumption that the Syrian government of President Bashar al-Assad will; at a minimum; …
The Federal Housing Administration And African-American Homeownership, David Reiss
The Federal Housing Administration And African-American Homeownership, David Reiss
Faculty Scholarship
No abstract provided.
Do Community Benefits Agreements Benefit Communities?, Edward W. De Barbieri
Do Community Benefits Agreements Benefit Communities?, Edward W. De Barbieri
Faculty Scholarship
No abstract provided.
Share And Share Dislike: The Rise Of Uber And Airbnb And How New York City Should Play Nice, Alexandra Jonas
Share And Share Dislike: The Rise Of Uber And Airbnb And How New York City Should Play Nice, Alexandra Jonas
Journal of Law and Policy
Uber and Airbnb are two companies in the emerging “sharing economy” that provide individuals with a means to become entrepreneurs and benefit from a laissez-faire business model. The problem, however, is that while the benefits to users are great, so too are the risks. The dangers of operating without restraint and circumventing existing law are not only potentially harmful to unapprised users, but also adversely affect the continued use of these businesses. Every aggrieved user complaint has the potential for a lawsuit and every violation creates an opportunity for penalties. Left over are attempts by the courts and city government …
Varying The Variance: How New York City Can Solve Its Housing Crisis And Optimize Land Use To Serve The Public Interest, Nathan T. Boone
Varying The Variance: How New York City Can Solve Its Housing Crisis And Optimize Land Use To Serve The Public Interest, Nathan T. Boone
Brooklyn Law Review
As Millennials repopulate American cities and seek jobs in creative industries, housing affordability has risen to the forefront of urban policy battles. Major conflicts exist between homeowners, renters, municipal governments, and growing industries regarding the proper way to grapple with an influx of new capital, both financial and human. New York City is a prime example of this problem. Housing cost increases have exceeded income increases, leaving a large percentage of New Yorkers “rent burdened.” This note seeks to examine a likely cause of the present problem: zoning and variance systems that limit the ability of private land owners to …
Message In Mortgage: What Dodd-Frank's 'Qualified Mortgage' Tells Us About Ourselves, David Reiss
Message In Mortgage: What Dodd-Frank's 'Qualified Mortgage' Tells Us About Ourselves, David Reiss
Faculty Scholarship
No abstract provided.
Three Principles For Federal Housing Policy, David Reiss
Three Principles For Federal Housing Policy, David Reiss
Faculty Scholarship
No abstract provided.
Foundations Of Federal Housing Policy, David Reiss
Foundations Of Federal Housing Policy, David Reiss
Faculty Scholarship
No abstract provided.
First Principles For And Effective Federal Housing Policy, David Reiss
First Principles For And Effective Federal Housing Policy, David Reiss
Faculty Scholarship
No abstract provided.
Landlords Of Last Resort: Should The Government Subsidize The Mortgages Of Privately-Owned, Small Multifamily Buildings?, David Reiss
Faculty Scholarship
No abstract provided.
Eliminating Racial Discrimination In The Subprime Mortgage Market: Proposals For Fair Lending Reform, Winnie F. Taylor
Eliminating Racial Discrimination In The Subprime Mortgage Market: Proposals For Fair Lending Reform, Winnie F. Taylor
Faculty Scholarship
No abstract provided.
Subprime Standardization: How Rating Agencies Allow Predatory Lending To Flourish In The Secondary Mortgage Market, David Reiss
Subprime Standardization: How Rating Agencies Allow Predatory Lending To Flourish In The Secondary Mortgage Market, David Reiss
Faculty Scholarship
No abstract provided.
Public Choice Theory: A Unifying Framework For Judicial Activism, Dana Brakman Reiser
Public Choice Theory: A Unifying Framework For Judicial Activism, Dana Brakman Reiser
Faculty Scholarship
No abstract provided.
Housing Abandonment And New York City's Response, David Reiss
Housing Abandonment And New York City's Response, David Reiss
Faculty Scholarship
No abstract provided.
Neighborhood Entrepreneurs Program In New York City, David Reiss
Neighborhood Entrepreneurs Program In New York City, David Reiss
Faculty Scholarship
No abstract provided.
The Fair Housing Amendments Act Of 1988: New Strategies For New Procedures, Minna J. Kotkin
The Fair Housing Amendments Act Of 1988: New Strategies For New Procedures, Minna J. Kotkin
Faculty Scholarship
No abstract provided.
Housing And Technology: The Mobile Home Experience, Bailey Kuklin
Housing And Technology: The Mobile Home Experience, Bailey Kuklin
Faculty Scholarship
No abstract provided.