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Articles 1 - 30 of 38
Full-Text Articles in Housing Law
Fraud On Airbnb: How To Regulate An Emerging And Problematic Industry, Samuel Mcneal
Fraud On Airbnb: How To Regulate An Emerging And Problematic Industry, Samuel Mcneal
Journal of the National Association of Administrative Law Judiciary
In Section I, this article explains the issues within Airbnb and why they need addressing. Section II explains the current state of Airbnb regulation and identifies the loopholes within that regulation that harm consumers. Section III shows why Section 230 of the Communications Decency Act protects Airbnb from some regulations, but why it also allows harm to persist against Airbnb. Section IV will posit that the Federal Trade Commission should oversee a broad, context-based regulation of Airbnb to protect consumers through a risk management reporting mechanism similar to the financial reporting to the Securities and Exchange Commission required under the …
Covid-19 And The Rise In Commercial Real Estate Bankruptcies: The Path To Reach The Goals Of Bankruptcy Code §365(D)(3), Jefferey Kirwin
Covid-19 And The Rise In Commercial Real Estate Bankruptcies: The Path To Reach The Goals Of Bankruptcy Code §365(D)(3), Jefferey Kirwin
The Journal of Business, Entrepreneurship & the Law
This article will explore and explain the two approaches circuit courts use when § 365(d)(3) of the Bankruptcy Code is at issue and will analyze the best approach in the context of COVID-related increase in commercial tenants’ bankruptcy claims. Specifically, this article will analyze how each approach affects the parties by explaining which party is protected at the different stages, and will explain what and when a tenant must pay a landlord. This article will then describe options each party could pursue at different stages in the bankruptcy and outline how each option affects the payment to the landlord. Lastly, …
Zoning By A Thousand Cuts, Sara C. Bronin
Zoning By A Thousand Cuts, Sara C. Bronin
Pepperdine Law Review
Zoning is increasingly viewed as a constraint on the nation’s housing supply, and as zoning enters its second century, there is a strong drumbeat for reform. Across the country, reformers have targeted the elimination of single-family zoning, pointing to research showing that single-family zoning drives up development costs, degrades the environment, and homogenizes communities. While allowing more multi-family options could help address these issues, reformers should not exclusively focus on the elimination of single-family zoning. Process requirements including mandatory public hearings, and substantive requirements involving lot configuration, building size, and occupancy, among other things, play a significant role in determining …
The Power Of State Legislatures To Invalidate Private Deed Restrictions: Is It An Unconstitutional Taking?, Ken Stahl
Pepperdine Law Review
Over the past several years, state legislatures confronting a severe housing shortage have increasingly preempted local land use regulations that restrict housing supply in an effort to facilitate more housing production. But even where state legislatures have been successful, they now confront another problem: many of the preempted land use regulations are duplicated at the neighborhood or block level through private “covenants, conditions and restrictions” (CCRs) enforced by homeowners associations (HOAs). In response, California’s legislature has begun aggressively invalidating or “overriding” these CCRs. While many states have barred HOAs from prohibiting pets, clotheslines, signs, and flags, California has moved much …
Measuring Local Policy To Advance Fair Housing And Climate Goals Through A Comprehensive Assessment Of Land Use Entitlements, Moira O'Neill, Eric Biber, Nicholas J. Marantz
Measuring Local Policy To Advance Fair Housing And Climate Goals Through A Comprehensive Assessment Of Land Use Entitlements, Moira O'Neill, Eric Biber, Nicholas J. Marantz
Pepperdine Law Review
California’s legislature has passed several laws that intervene in local land-use regulation in order to increase desperately needed housing production—particularly affordable housing production. Some of these new laws expand local reporting requirements concerning zoning and planning laws, and the application of those laws apply to proposed housing development. This emphasis on measurement requires the state to develop a housing data strategy to support both enforcement of existing law and effective policymaking in the future. Our Comprehensive Assessment of Land Use Entitlements Study (CALES) predates, but aligns with and supports, this state-led effort to improve local reporting. For the cities that …
Growth ≠ Density: Zoning Deregulation And The Enduring Problem Of Sprawl, Christopher Serkin, Kelsea Best
Growth ≠ Density: Zoning Deregulation And The Enduring Problem Of Sprawl, Christopher Serkin, Kelsea Best
Pepperdine Law Review
According to its many critics, zoning bears significant responsibility for the housing crisis in America and for promoting unsustainable development patterns. Reformers argue that zoning reduces the supply of new housing and therefore drives up prices in thriving communities. Zoning also increases carbon emissions by restricting density in the urban core and promoting carbon-intensive, land-consuming, automobile-dependent sprawl in single-family suburbs. A growing chorus calls for relaxing zoning limits in order to promote growth in the urban core as a response to the twin crises of housing costs and climate change. Relaxing zoning limits will almost certainly promote growth but may …
Navigating The Covid-19 Eviction Crisis: The Cdc's Emergency Eviction Moratorium And Judicial Deference, Deepika Chandrashekar
Navigating The Covid-19 Eviction Crisis: The Cdc's Emergency Eviction Moratorium And Judicial Deference, Deepika Chandrashekar
Journal of the National Association of Administrative Law Judiciary
The COVID-19 pandemic has exacerbated America’s pre-pandemic affordable housing crisis and millions of renters have paid the price. The Centers for Disease Control and Prevention (CDC) issued a nationwide eviction moratorium in September of 2020 due to the ongoing COVID-19 pandemic. While the moratorium was originally intended to be temporary, the CDC under the Biden administration was forced to extend the moratorium in August of 2021 due to a lack of congressional action. The CDC is empowered by the Public Health Service Act to take actions necessary to prevent the spread of communicable diseases, and the ongoing COVID-19 pandemic constitutes …
A Twisted Fate: How California's Premier Environmental Law Has Worsened The State's Housing Crisis, And How To Fix It, Noah Dewitt
A Twisted Fate: How California's Premier Environmental Law Has Worsened The State's Housing Crisis, And How To Fix It, Noah Dewitt
Pepperdine Law Review
California, the iconic Golden State, holds the infamous record for the largest population of people experiencing homelessness in the United States. These record-setting numbers have been steadily on the rise for decades and are due in large part to the state’s severe housing shortage, which is currently just under one million housing units. From those directly experiencing homelessness to those living in the country’s most expensive zip codes, the compounding economic and social impacts of the crisis touch every Californian. The extent of the crisis is not lost on California’s leaders, but despite countless initiatives on both the state and …
No Money, Mo’ Problems: The Attitudes And Experiences Of Homeowners In Default, Tracy Douglas
No Money, Mo’ Problems: The Attitudes And Experiences Of Homeowners In Default, Tracy Douglas
Pepperdine Dispute Resolution Law Journal
This article discusses differences in foreclosure law, consumer protection, and mediation programs. Then, it will summarize relevant research on the topic of homeowners’ attitudes, financial knowledge, economic hardships, causes of default, and effectiveness of representation. Next, this article will outline the study’s design and methodology followed by the results from the data produced by the study. Then, the results will be analyzed. Finally, policy recommendations and reforms supported by the study’s evidence will be discussed.
Embracing Airbnb: How Cities Can Champion Private Property Rights Without Compromising The Health And Welfare Of The Community, Emily M. Speier
Embracing Airbnb: How Cities Can Champion Private Property Rights Without Compromising The Health And Welfare Of The Community, Emily M. Speier
Pepperdine Law Review
Peer-to-peer services offer participants considerable advantages whether they are a provider of such services or a user of them. The Airbnb phenomenon is an example of how technological advancement has transformed the rental industry and has signaled a societal acceptance of a sharing economy. However, the question now is to what extent cities should regulate this influx of short-term rentals while still preserving the property rights of homeowners. Much of the answer to this question depends on each city’s individual interpretation of specific areas of the law. Some legal issues raised by regulation and explored by this article include the …
Domestic Violence Victims A Nuisance To Cities, Filomena Gehart
Domestic Violence Victims A Nuisance To Cities, Filomena Gehart
Pepperdine Law Review
Unless municipal nuisance ordinances change, domestic violence victims can face eviction just for calling the police. Nuisance ordinances generally impose fines on a property owner or landlord when the police are called to respond to incidents of crime a certain number of times at the same residence. Many nuisance ordinances also revoke a landlord’s rental license if a property is deemed a nuisance. However, many of these nuisance ordinances do not have an exception for incidents of domestic violence and, consequently, victims are scared to call 911 or request police assistance. This comment surveys the development of nuisance laws and …
Mi Casa Es Su Casa: The Benefits Of A Hud Mediation Program For Resolving Housing Accommodation Or Modification Disputes Between Landlords And Tenants With Disabilities, Adam Knobler
Pepperdine Law Review
After first providing a background on federal housing laws that prohibit discrimination based on disability, this article then proceeds to describe and analyze the remedies available to tenants who have experienced disability discrimination. The article concludes that, not only are such remedies as filing a complaint or pursuing litigation difficult and time-consuming, they could also damage the long-term relationship between the parties and preclude the possibility of creative remedies that satisfy the needs of both parties. The article finishes by proposing that HUD develop an agency-wide mediation program based on the model of the Equal Employment Opportunity Commission (EEOC) mediation …
A Tightrope Over Both Your Houses: Ensuring Party Participation And Preserving Mediation's Core Values In Foreclosure Mediation, Heather Scheiwe Kulp
A Tightrope Over Both Your Houses: Ensuring Party Participation And Preserving Mediation's Core Values In Foreclosure Mediation, Heather Scheiwe Kulp
Pepperdine Dispute Resolution Law Journal
The article focuses on the laws made for regulating the party's participation in preserving the principles of mediation for the resolution of disputes related to the foreclosure crisis. Topics discussed include the impact of the foreclosure crisis on the housing and domestic markets, the impact of foreclosures on the sales and price value of the houses and the impact of the foreclosure crisis on the economic conditions of the local communities.
Treading Water: Can Municipal Efforts To Condemn Underwater Mortgages Prevail?, Michael S. Moskowitz
Treading Water: Can Municipal Efforts To Condemn Underwater Mortgages Prevail?, Michael S. Moskowitz
Pepperdine Law Review
No abstract provided.
The Housing Element: How Can Its Adequacy Be Measured? , Nina E. West, James C. Schroeder
The Housing Element: How Can Its Adequacy Be Measured? , Nina E. West, James C. Schroeder
Pepperdine Law Review
No abstract provided.
Title I Of The 1974 Housing And Community Development Act And Its Impact On Local Communities, Edward E. Haworth
Title I Of The 1974 Housing And Community Development Act And Its Impact On Local Communities, Edward E. Haworth
Pepperdine Law Review
No abstract provided.
California Planning Law: Requirements For Low And Moderate Income Housing , C. Foster Knight
California Planning Law: Requirements For Low And Moderate Income Housing , C. Foster Knight
Pepperdine Law Review
No abstract provided.
Providing Low And Moderate Income Housing In The Suburbs, Stephen L. Taber
Providing Low And Moderate Income Housing In The Suburbs, Stephen L. Taber
Pepperdine Law Review
No abstract provided.
The Landlord's Tort Liability For Injuries Caused By Defects Upon The Demised Premises , Michael K. Mckibbin
The Landlord's Tort Liability For Injuries Caused By Defects Upon The Demised Premises , Michael K. Mckibbin
Pepperdine Law Review
No abstract provided.
The Real Estate Brokerage Industry And Antitrust Implications, Lynn H. Mack, Valerie A. Moore
The Real Estate Brokerage Industry And Antitrust Implications, Lynn H. Mack, Valerie A. Moore
Pepperdine Law Review
No abstract provided.
A Positive Response To Growth Control Plans: The Orange County Inclusionary Housing Program, Linda J. Bozung
A Positive Response To Growth Control Plans: The Orange County Inclusionary Housing Program, Linda J. Bozung
Pepperdine Law Review
Affordable housing programs have been enacted throughout the state in response to the current critical housing shortage. They serve an essential function as an element of community growth control plans. This article focuses on the success of the Orange County affordable housing program. By utilizing a variety of means, such as density bonus plans, flexible regulations, and deed restrictions, the County has developed a plan which is not only successful but may also serve as a model for other local governments.
The Legality Of California Development Fees, Erik B. Michelsen
The Legality Of California Development Fees, Erik B. Michelsen
Pepperdine Law Review
No abstract provided.
Equal Protection And The New Rational Basis Test: The Mentally Retarded Are Not Second Class Citizens In Cleburne, Gordon W. Johnson
Equal Protection And The New Rational Basis Test: The Mentally Retarded Are Not Second Class Citizens In Cleburne, Gordon W. Johnson
Pepperdine Law Review
Recently, the Fifth Circuit held that classifications involving the mentally retarded were quasi-suspect and should be reviewed under a heightened scrutiny analysis. The Supreme Court reversed that holding but granted the retarded a remedy by applying a more genuine scrutiny under the rational basis test. The Court's decision in City of Cleburne, Texas v. Cleburne Living Center, Inc. raises the question whether the Court intends to apply an increased level of scrutiny under the rational basis test or whether this case merely represents another ad hoc decision made on the horns of a dilemma. This Note discusses the uncertain impact …
Consumerism And Land Sales , Leonard Levin
Consumerism And Land Sales , Leonard Levin
Pepperdine Law Review
No abstract provided.
Land Use By, For, And Of The People: Problems With The Application Of Initiatives And Referenda To The Zoning Process, Nicolas M. Kublicki
Land Use By, For, And Of The People: Problems With The Application Of Initiatives And Referenda To The Zoning Process, Nicolas M. Kublicki
Pepperdine Law Review
No abstract provided.
Condos, Cats, And Cc&Rs: Invasion Of The Castle Common, Armand Arabian
Condos, Cats, And Cc&Rs: Invasion Of The Castle Common, Armand Arabian
Pepperdine Law Review
No abstract provided.
Protected Petitioning Or Unlawful Retaliation? The Limits Of First Amendment Immunity For Lawsuits Under The Fair Housing Act, David K. Godschalk
Protected Petitioning Or Unlawful Retaliation? The Limits Of First Amendment Immunity For Lawsuits Under The Fair Housing Act, David K. Godschalk
Pepperdine Law Review
No abstract provided.
America’S Favorite Illiquid Investment: An Examination Of The Changing Social Perception Of Homeownership , Jeremiah J. Lee
America’S Favorite Illiquid Investment: An Examination Of The Changing Social Perception Of Homeownership , Jeremiah J. Lee
The Journal of Business, Entrepreneurship & the Law
Purchasing a home is traditionally touted as one of the best investments an individual can make, but this advice may be simply too generic to be useful or applied too broadly to be good counsel. Social pressures encouraging homeownership in America have been fostered by decades of government programs. Modern uses of the family home as a financial investment, such as flipping homes or using a home equity line of credit to subsidize a higher standard of living, illustrate a perceptual shift in which many modern homeowners have come to consider the family home principally a tool for financial gain …
Mortgage Wars Episode V - The Empiricist Strikes Back (Or Out): A Reply To Professor Levitin's Response , Mark S. Scarberry
Mortgage Wars Episode V - The Empiricist Strikes Back (Or Out): A Reply To Professor Levitin's Response , Mark S. Scarberry
Pepperdine Law Review
Professor Adam Levitin has responded to my recent symposium article critiquing proposed congressional legislation that would allow modification (including strip down) of home mortgages in Chapter 13 bankruptcy. A portion of my Critique criticized his empirical studies concerning the likely effect of the proposed legislation on mortgage interest rates and availability, and also criticized the arguments he has made in support of the proposed legislation. The Critique did note, however, that the insight involved in conceiving of such empirical studies was impressive. Surprisingly, Professor Levitin’s Response fails to deal with the substantial case authority discussed in my Critique. He treats …
Back To The Future With Chapter 13: A Response To Professor Scarberry, Adam J. Levitin
Back To The Future With Chapter 13: A Response To Professor Scarberry, Adam J. Levitin
Pepperdine Law Review
Professor Mark Scarberry has put forth a formidable critique of my empirical study of mortgage market sensitivity to bankruptcy modification risk. As this response shows, however, his critique does not hold up under scrutiny. Professor Scarberry argues that my study design is invalid because, as he reads the current state of the law, cramdown is virtually impossible. Therefore, he contends, we should not expect markets to exhibit sensitivity to cramdown risk, so no policy conclusions can be derived from my finding of market insensitivity. Regrettably, Professor Scarberry overreads the state of the law. The law is in fact unsettled, and …