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Articles 1 - 30 of 59
Full-Text Articles in Housing Law
Healthy Zoning, Matthew J. Parlow
Preventing Shelterization: Alleviating The Struggles Of Homeless Individuals And Families In New York City, Salley Kim
Preventing Shelterization: Alleviating The Struggles Of Homeless Individuals And Families In New York City, Salley Kim
Fordham Urban Law Journal
No abstract provided.
Yes To Infill, No To Nuisance, Michael Lewyn
Yes To Infill, No To Nuisance, Michael Lewyn
Fordham Urban Law Journal
No abstract provided.
Putting Exclusionary Zoning In Its Place: Affordable Housing And Geographical Scale, Christopher Serkin, Leslie Wellington
Putting Exclusionary Zoning In Its Place: Affordable Housing And Geographical Scale, Christopher Serkin, Leslie Wellington
Fordham Urban Law Journal
No abstract provided.
Whither Workforce Housing?, Matthew J. Parlow
Whither Workforce Housing?, Matthew J. Parlow
Fordham Urban Law Journal
The last forty years have marked a dynamic era in affordable housing. During this time, affordable housing shifted from being largely government-owned to privately-owned, though certainly supported by government efforts. This evolution thus marked a distinct switch from a supply-side approach to a demand-side approach to affordable housing. As states and localities adapted to this paradigm shift, some high-priced metropolitan regions discovered that their housing markets were squeezing out middle-income service workers, such as police officers and teachers. In response, many localities—and some states—adopted various laws and policies to spur the creation of workforce housing: that is, moderately-priced housing that …
Changes Spark Interest In Sustainable Urban Places: But How Do We Identify And Support Them?, John R. Nolon
Changes Spark Interest In Sustainable Urban Places: But How Do We Identify And Support Them?, John R. Nolon
Fordham Urban Law Journal
No abstract provided.
Saving Mount Laurel?, Roderick M. Hills
Saving Mount Laurel?, Roderick M. Hills
Fordham Urban Law Journal
No abstract provided.
New Challenges For Urban Areas Facing Flood Risks, Debbie M. Chizewer, A Dan Tarlock
New Challenges For Urban Areas Facing Flood Risks, Debbie M. Chizewer, A Dan Tarlock
Fordham Urban Law Journal
No abstract provided.
The Rebirth Of The Neighborhood, J. Peter Byrne
The Rebirth Of The Neighborhood, J. Peter Byrne
Fordham Urban Law Journal
No abstract provided.
A Herculean Leap For The Hard Case Of Post-Acquisition Claims: Interpreting Fair Housing Act Section 3604(B) After Modesto, Mary Pennisi
A Herculean Leap For The Hard Case Of Post-Acquisition Claims: Interpreting Fair Housing Act Section 3604(B) After Modesto, Mary Pennisi
Fordham Urban Law Journal
On October 8, 2009, Committee Concerning Community Improvement v. City of Modesto created a split in federal circuit courts over whether FHA § 3604(b) applies to discrimination that occupants suffer after acquiring their dwelling. The question is whether the FHA only applies to discrimination in acquiring their property or afterwards as well. This Note examines the split in federal circuit courts created by Modesto. Part I examines the history of the FHA and theories of statutory interpretation. Part II discusses the split in federal authority and both sides’ interpretative methodologies and rationales. . Part III.A maintains that meaning-based and intent-based …
New York’S Fight Over Blight: The Role Of Economic Underutilization In Kaur, Kaitlyn L. Piper
New York’S Fight Over Blight: The Role Of Economic Underutilization In Kaur, Kaitlyn L. Piper
Fordham Urban Law Journal
This note discusses the issues raised by the policy of seizing land through eminent domain by saying that a certain property is "blighted". The author of the note feels that blight should be limited and not merely a way of saying that economic interests of the city are better served by seizing the property through eminent domain. Part I of this Note describes the background of eminent domain and, in particular, the elimination of blight as a qualifying public use. It summarizes the history of the “public use” requirement in the federal and state context and how economic underutilization fits …
Building Policy Though Collaborative Deliberation: A Reflection On Using Lessons From Practice To Inform Responses To The Mortgage Foreclosure Crisis, Robin S. Golden
Building Policy Though Collaborative Deliberation: A Reflection On Using Lessons From Practice To Inform Responses To The Mortgage Foreclosure Crisis, Robin S. Golden
Fordham Urban Law Journal
This essay on the recent housing crisis focuses on the efficacy of using lessons learned at the local level to inform federal policy-making. The author examines the extent to which local information was utilized during the buildup to the crisis, as well as during the eventual response. The article focuses on a particular local response in New Haven, CT, the role of HUD-certified counselors, and a joint project led by the Opportunity Funding Corporation and the Yale School of Management.
The High Cost Of Segregation: Exploring Racial Disparities In High-Cost Lending, Vicki Been, Ingrid Ellen, Josiah Madar
The High Cost Of Segregation: Exploring Racial Disparities In High-Cost Lending, Vicki Been, Ingrid Ellen, Josiah Madar
Fordham Urban Law Journal
This article argues that policy makers addressing racial disparities in the share of subprime mortgages must take into account the relationship between existing levels of racial segregation and the racial disparities in the types of mortgages homeowners received. The authors examine approximately 200 metropolitan areas across the country and note the significant racial disparities in the percentage of subprime mortgages received by different racial groups. Various mechanisms that explain these racial disparities are also explored. The authors ultimately conclude that residential segregation plays a significant role in shaping lending patterns.
Private Risk, Public Risk: Public Policy, Market Development, And The Mortgage Crisis, Daniel Immergluck
Private Risk, Public Risk: Public Policy, Market Development, And The Mortgage Crisis, Daniel Immergluck
Fordham Urban Law Journal
This article describes the development of mortgage markets in the United States in the twentieth century, with an emphasis on the growth of high-risk market segments beginning in the 1990s. It focuses on the federal role in the development of stable, risk-limiting products and markets. The author then examines the growth of securitization, including structured finance and its impact on mortgage markets. Finally, the article discusses the policy debates and developments surrounding subprime and other high-risk mortgage lending from the 1990s through the 2007-2008 mortgage crisis. The author concludes that knowledge of the problems and costs of high-risk lending had …
Bringing It All Back Home: How To Save Main Street, Ignore K Street, And Thereby Save Wall Street, Robert Hockett
Bringing It All Back Home: How To Save Main Street, Ignore K Street, And Thereby Save Wall Street, Robert Hockett
Fordham Urban Law Journal
This article argues that the most effective and constitutionally sound method of solving the mortgage crisis would be directing the Treasury Department to administer TARP through the Federal Housing Administration (FHA) and government-sponsored enterprises Freddie Mac and Fannie Mae The author contends that these were established precisely to deal with low-end mortgage financing and refinancing. However, the present crisis stems directly from intrusions on these institutions' original missions by under-regulated private firms. The author provides an overview of the causes of the mortgage crisis, the founding and functioning of mortgage finance institutions, and ultimately sketches how TARP would be channeled …
Affordable Housing, Land Tenure, And Urban Policy: The Matrix Revealed, J. Peter Byrne, Michael Diamond
Affordable Housing, Land Tenure, And Urban Policy: The Matrix Revealed, J. Peter Byrne, Michael Diamond
Fordham Urban Law Journal
This Article describes the policies advanced by housing programs and shows where tension between the policies and programs exists. This Articles also attempts to organize and clarify the relationships among various goals of subsidized housing policy and the elements of programs adopted to meet them. The Article then proceeds by detailing eight possible objectives of subsidized housing and considers how different housing programs may or may not accomplish these objectives.
Land Use And Housing Policies To Reduce Concentrated Poverty And Racial Segregation, Myron Orfield
Land Use And Housing Policies To Reduce Concentrated Poverty And Racial Segregation, Myron Orfield
Fordham Urban Law Journal
This Article recommends that land use and housing policies be marshaled to reduce residential racial segregation and concentrated poverty. It argues secondly, that state legislatures must adopt a coordinated policy approach. This Article uses Oregon's comprehensive land use legislation as a paradigmatic example of policies that effectively promote affordable housing and decrease urban sprawl. Finally, the article discusses nine policies that the author believes are necessary to promote stable metropolitan living patterns.
Blighting The Way: Urban Renewal, Economic Development, And The Elusive Definition Of Blight, Colin Gordon
Blighting The Way: Urban Renewal, Economic Development, And The Elusive Definition Of Blight, Colin Gordon
Fordham Urban Law Journal
This article examines the way municipalities have used increasingly broad interpretations of "blight" to compete for state tax increment financing (TIFs) for economic development purposes. It traces the definition of blight in the context of state and federal urban redevelopment programs from the nineteenth century through the Progressive Era to the advent of TIF laws in the 1980s and 90s. It goes on to discuss the how the concept of "blight" has shifted from a condition of substandard housing to a condition of "sub-optimal" local economic development, in part due to intense competition among municipalities for TIFs. The article concludes …
Let Them Rent Cake: George Pataki, Market Ideology, And The Attempt To Dismantle Rent Regulation In New York, Craig Gurian
Let Them Rent Cake: George Pataki, Market Ideology, And The Attempt To Dismantle Rent Regulation In New York, Craig Gurian
Fordham Urban Law Journal
This article examines the ideological and political struggle over rent regulation that was waged by rent regulation opponents in the Spring of 1997. Part I traces the debate as it unfolded in 1997, including the role of legislative leaders, the governor, the press, and anti-regulation advocates. It focuses on the assumptions about the market shared by the various anti-regulation protagonists, and on the factors starkly omitted from their analyses. Part II sets forth the results of the debate, examining the provisions and consequences of the "Rent Regulation Reform Act of 1997," including the legislation passed in 2003 to extend rent …
The Continuing Crisis In Affordable Housing: Systemic Issues Requiring Systemic Solutions, Paulette J. Williams
The Continuing Crisis In Affordable Housing: Systemic Issues Requiring Systemic Solutions, Paulette J. Williams
Fordham Urban Law Journal
This article compares programs designed to provide rental housing and programs designed to promote homeownership and attempts to determine which of the existing programs better promotes economic security among the population both are designed to benefit. Part II presents a framework for a discussion of affordable housing policy issues, outlining the complex environment of affordable housing development, and the multiple interests that need to be involved in developing any coherent policy. Part III gives a short history of public housing policies from 1937 to the end of the twentieth century. Part IV discusses the major rental housing programs, including the …
Housing Gideon: The Right To Counsel In Eviction Cases , Rachel Kleinman
Housing Gideon: The Right To Counsel In Eviction Cases , Rachel Kleinman
Fordham Urban Law Journal
While the legal system recognizes an indigent’s constitutional right to counsel in a criminal trial the same is not true with respect to civil cases. This Comment examines this legal reality by focusing specifically on an indigent’s inability to gain access to counsel within the confines of eviction proceedings. The author lays out the arguments for both those who favor recognizing an indigent’s right to counsel in eviction proceedings and those opposed to recognizing that right. Ultimately, absent an indigent’s access to counsel in these civil cases, their ability to have any sort of meaningful access to justice is seriously …
Emotional Harm In Housing Discrimination Cases: A New Look At A Lingering Problem, Victor M. Goode, Conrad A. Johnson
Emotional Harm In Housing Discrimination Cases: A New Look At A Lingering Problem, Victor M. Goode, Conrad A. Johnson
Fordham Urban Law Journal
This Article explores relevant social science data and examines how it affects the analysis and understanding of evidence of emotional harm. Part I provides an overview of the current state of emotional harm cases. Part II discusses the issue of bias in the process of reviewing discrimination cases from the perspective of critical race theory and recent social science data. In Part III, this Article examines the cycles of ignorance that have contributed to an under-valuation of emotional harm in housing discrimination litigation. Finally, suggestions are made about how to gather relevant psychological and medical information on the effects of …
Emotional Harm In Housing Discrimination Cases: A New Look At A Lingering Problem, Victor M. Goode, Conrad A. Johnson
Emotional Harm In Housing Discrimination Cases: A New Look At A Lingering Problem, Victor M. Goode, Conrad A. Johnson
Fordham Urban Law Journal
This Article explores relevant social science data and examines how it affects the analysis and understanding of evidence of emotional harm. Part I provides an overview of the current state of emotional harm cases. Part II discusses the issue of bias in the process of reviewing discrimination cases from the perspective of critical race theory and recent social science data. In Part III, this Article examines the cycles of ignorance that have contributed to an under-valuation of emotional harm in housing discrimination litigation. Finally, suggestions are made about how to gather relevant psychological and medical information on the effects of …
Clarifying The Federal Fair Housing Act’S Exemption For Reasonable Occupancy Restrictions, Tim Iglesias
Clarifying The Federal Fair Housing Act’S Exemption For Reasonable Occupancy Restrictions, Tim Iglesias
Fordham Urban Law Journal
The 1988 Fair Housing Act Amendments (FHAA) for “reasonable” governmental occupancy standards contains a deceptively simple “exemption” that has been the subject of interpretation by numerous courts. This article argues that this “exemption” has been misinterpreted by these courts, particularly by the Sixth Circuit in Affordable Housing Advocates v. City of Richmond Heights. The article describes how this misinterpretation undercuts the protection from housing discrimination that the FHAA provides for families, especially families of color. The article details the FHAA’s familial status provision and “reasonable” standard exemption, and goes on to “analyze relevant case law and the legislative history to …
Discriminatory Housing Statements And Section 3604(C): A New Look At The Fair Housing Act's Most Intriguing Provision, Robert G. Schwemm
Discriminatory Housing Statements And Section 3604(C): A New Look At The Fair Housing Act's Most Intriguing Provision, Robert G. Schwemm
Fordham Urban Law Journal
This article gives a new look at section 3604(c) of the Fair Housing Act. Through section 3604(c), the FHA has outlawed biased statements with respect to an even broader range of housing sales and rentals. The three main purposes of section 3604 directly bear on the FHA's ultimate goals of eliminating housing discrimination and achieving residential integration. Under the FHA, discriminatory statements are not only probative of a defendant's illegal intent, but also, by themselves, violate the statute if made "with respect to eh sale or rental of a dwelling." Further, the lack of aggressive enforcement of section 3604(c) cannot …
Outing The Madman: Fair Housing For The Mentally Handicapped And Their Right To Privacy Versus The Landlord's Duty To Warn And Protect, Frederic White
Outing The Madman: Fair Housing For The Mentally Handicapped And Their Right To Privacy Versus The Landlord's Duty To Warn And Protect, Frederic White
Fordham Urban Law Journal
This article examines the serious potential for a clash between two sets of values: (1) the stated values of the Fair Housing Amendments Act of 1988, that persons handicapped within its terms should not be denied access to decent housing on that account, and that mentally handicapped tenants, especially those who may have, but do not necessarily possess, a propensity for violence, have privacy rights; and (2) the landlord’s responsibilities with respect to the safety needs of other tenants. The author addresses a number of policies, including those embodied in federal and state statutes relating to the rights of mentally …
Developments In Housing Law And Reasonable Accommodations For New York City Residents With Disabilities, John P. Herrion
Developments In Housing Law And Reasonable Accommodations For New York City Residents With Disabilities, John P. Herrion
Fordham Urban Law Journal
This Essay examines the New York Human Rights Law, which prohibits discrimination in the sale or rental of a housing accommodation and provides persons with disabilities the right to request and receive reasonable accommodations from their housing providers. The Essay concludes that the recent interpretation of this law by New York City Commission on Human Rights Law is a move toward protecting the rights of persons with disabilities and removing unnecessary discrimination from their lives.
An Individual Approach To Suburban Racial Discrimination, Paul Boudreaux
An Individual Approach To Suburban Racial Discrimination, Paul Boudreaux
Fordham Urban Law Journal
The traditional model explaining racial discrimination has blamed discrimination by institutional actors in the housing industry and government. The author argues that this model ignores the individual preference factors that contribute to segregation. The replication of segregation in expanding suburban jurisdictions of metropolitan areas and the traditional legal responses are examined, as well as the implications of African American suburban migration. The author questions the adequacy of the traditional model by looking at the individual preference factors of both whites and African Americans that contribute to the replication of segregation in suburbs. The author notes that there is no method …
Shedding Some Light On Lending: The Effect Of Expanded Disclosure Laws On Home Mortgage Marketing, Lending And Discrimination In The New York Metropolitan Area, Richard D. Marsico
Shedding Some Light On Lending: The Effect Of Expanded Disclosure Laws On Home Mortgage Marketing, Lending And Discrimination In The New York Metropolitan Area, Richard D. Marsico
Fordham Urban Law Journal
The amended Home Mortgage Disclosure Act (HMDA), updated in 1991, required lenders to disclose information regarding the number of applications received, the race and income of applicants, the location of the property for which the loan was sought, and the disposition of each application. This article studies the expanded HMDA's impact on conventional home mortgage lending in the New York City metropolitan area from 1991 until 1998. The author first examines ways to determine whether the disclosure of expanded HDMA data in 1991 influenced private lenders allocation of credit in the New York City metropolitan area. The release of data …
Urban Holism: The Empowerment Zone And Economic Development In Atlanta, Honorable William Campbell
Urban Holism: The Empowerment Zone And Economic Development In Atlanta, Honorable William Campbell
Fordham Urban Law Journal
This Article focuses on the 1990s renaissance in Atlanta, a time where the rate of violent crime was at the lowest it had been in years and the population was growing for the first time in thirty years. It focuses on three specific explanations of the renaissance: the holistic approach to development, the Empowerment Zone, the community policing program, and the reinvention of public housing. The holistic approach involves an interplay of both the public and private sectors of the city, with no singular method used to revitalize the inner city communities. The Empowerment Zone, a plan created by President …