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Articles 31 - 59 of 59
Full-Text Articles in Housing Law
Fighting Municipal "Tag-Team": The Federal Fair Housing Amendments Act And Its Use In Obtaining Access To Housing For Persons With Disabilities, Robert L. Schonfeld, Seth P. Stein
Fighting Municipal "Tag-Team": The Federal Fair Housing Amendments Act And Its Use In Obtaining Access To Housing For Persons With Disabilities, Robert L. Schonfeld, Seth P. Stein
Fordham Urban Law Journal
This Article examines the impact of the Fair Housing Amendments Act (FHAA) on prohibiting housing discrimination against persons on the basis of their disabilities, and analyzes the court decisions interpreting the FHAA on questions of land use to determine whether they are consistent with the stated intentions of the drafters of the Amendments. Part I traces the legislative intent behind the FHAA and, specifically, the sections of the Amendments enjoining housing discrimination against persons with handicaps. Part I also analyzes the court decisions interpreting the Amendments’ requirements as to what facts must be demonstrated to prove discrimination. This Part of …
Homelessness And Substance Abuse: Is Mandatory Treatment The Solution?, Melanie B. Abbott
Homelessness And Substance Abuse: Is Mandatory Treatment The Solution?, Melanie B. Abbott
Fordham Urban Law Journal
For the government to be successful in addressing homelessness, it must focus on the link between homelessness and substance abuse. In New York City and elsewhere, advocates are reluctant to publicize the connection between substance abuse and homelessness. Federal laws and programs that attempt to deal with homelessness, such as welfare, Social Security, federal housing laws, and the McKinney Act and other various federal acts do not provide a comprehensive approach to treatment of those who are both homeless and substance abusers. Because the Supreme Court has held that the Constitution does not provide a right to shelter, advocates have …
Federal Preemption Of Rent Regulation Under Firrea, Eric William Hess
Federal Preemption Of Rent Regulation Under Firrea, Eric William Hess
Fordham Urban Law Journal
After hundreds of savings and loan institutions became insolvent in the 1980s, Congress enacted the Federal Institutions Reform, Recovery, and Enforcement Act, which was designed to provide affordable mortgage financing to low and moderate income individuals, and to dispose of the assets of the failed savings and loan institutions. Among the powers granted by FIRREA to the FDIC was the ability to disaffirm or repudiate leases held by insolvent institutions if those leases are deemed burdensome. In "Resolution Trust Corp. v. Diamond," the United States District Court wrongly held that FIRREA cannot be construed to allow Federal preemption of State …
Shattering The Myth Of Municipal Impotence: The Authority Of Local Government To Create Affordable Housing, John R. Nolon
Shattering The Myth Of Municipal Impotence: The Authority Of Local Government To Create Affordable Housing, John R. Nolon
Fordham Urban Law Journal
In the absence of any guidance from the legislature, local officials, in confronting the problem of affordable housing, look to the courts to define the extent of their responsibility and power. While not providing specific direction, the New York Court of Appeals has clearly outlawed zoning designed to exclude affordable housing. The judiciary has voiced doubts, however, that municipal governments can, through zoning alone, require the development of affordable housing. The view that municipalities lack such power is erroneous. Zoning alone is competent to induce such development. Furthermore, local governments have considerable additional power to induce the creation of such …
Converting Nonpayment To Holdover Summary Proceedings: The New York Experience With Conditional Limitations Based Upon Nonpayment Of Rent, Stephen Ross
Fordham Urban Law Journal
This Article examines the development in New York law of both the landlord's right to terminate a lease for a tenant default and the tenant's right to preserve his tenancy by curing a rent default. It finds that, despite some cases to the contrary, case law in New York favors the landlord's reserved right to terminate over the tenant's historic right to cure, at least as to commercial tenancies." It concludes that, in both residential and commercial tenancies, landlords should not have this termination right' and that the legislature should enact appropriate legislation to achieve that objective. Part II of …
The Necessity For Shelter: States Must Prohibit Discrimination Against Children In Housing, Gretchen Walsh
The Necessity For Shelter: States Must Prohibit Discrimination Against Children In Housing, Gretchen Walsh
Fordham Urban Law Journal
This note surveys the different paths courts and legislatures have taken in their attempts to end housing discrimination against children, and concludes that the most feasible and appropriate solution to the problem is a more effective form of state legislation. Part II discusses the likelihood of success and the issues surrounding a claim based upon a denial of fourteenth amendment rights. Part III centers on the possibility of using the Fair Housing Act for a private cause of action and the problems with the proposed bill to amend the Act. Part IV examines the state statutes that attempt to ban …
Illegal Lofts In New York City: Have The Equities Been Balanced, Jay Facciolo
Illegal Lofts In New York City: Have The Equities Been Balanced, Jay Facciolo
Fordham Urban Law Journal
In New York City today, tens of thousands of people,' primarily tenants, are illegally occupying lofts. These tenants have signed commercial leases, often long-term leases at rents far below the current market rate. The changing economics of loft buildings has led to serious conflicts between landlords and tenants. Landlords have sought to evict tenants before their leases expire, refused to renew their leases or demanded higher rental rates upon renewal. Tenants have withheld rent for extended periods. These conflicts have been taken to the courts, and legislation recently enacted in New York State attempts to resolve these issues for at …
Weisner Revisited: A Reappraisal Of A Co-Op's Power To Arbitrarily Prohibit The Transfer Of Its Shares, Harvey S. Epstein
Weisner Revisited: A Reappraisal Of A Co-Op's Power To Arbitrarily Prohibit The Transfer Of Its Shares, Harvey S. Epstein
Fordham Urban Law Journal
Recently, there has been a rise in cooperative ownership in New York City. As a result, the boards of co-ops play a more pivotal role in who may reside in the City. The New York State legislature is moving to limit discriminatory practices by board members. While it does so, this Note concludes that the legislature must also balance the co-op's interest to choose its shareholders. The Note advocates a "reasonableness standard" to judge purchaser rejection decisions.
"Not In My Neighborhood:" Legal Challenges To The Establishment Of Community Residences For The Mentally Disabled In New York State, Robert L. Schonfeld
"Not In My Neighborhood:" Legal Challenges To The Establishment Of Community Residences For The Mentally Disabled In New York State, Robert L. Schonfeld
Fordham Urban Law Journal
This Article examines the laws and lawsuits which have affected the establishment of community residences for the mentally disabled in New York State. First, the Article traces the history of community residences prior to the enactment of the Padavan Law in 1978. Thereafter, this Article analyzes the statute to determine whether its procedures and interpretations by courts have been consistent with the drafters' stated intentions. In addition to examining the statutory procedures, this Article considers issues of zoning, the statute's constitutionality, the standing of neighbors and neighborhood groups to challenge community residence sites, and the effect of restrictive covenants on …
The Effect Of Title I Of The 1949 Federal Housing Act On New York City Cooperative And Condominium Conversion Plans, Steven C. Forest
The Effect Of Title I Of The 1949 Federal Housing Act On New York City Cooperative And Condominium Conversion Plans, Steven C. Forest
Fordham Urban Law Journal
In 1985, three Manhattan housing projects were in litigation to convert the units from rental to condominiums or cooperative ownership. However, each project's redevelopment agreement, consistent with Title I of the 1949 Federal Housing Act, required that "no change" be made without consent of the City Planning Commission and the Board of Estimates of the City. This Note analyzes whether the conversion of rental units built under Title I to ownership units constitutes a "change" as interpreted by the New York courts. The interpretation of the term "change" under the Title I redevelopment agreements will be analyzed from both the …
New York City's J-51 Program: Controversy And Revision, Debra S. Vorsanger
New York City's J-51 Program: Controversy And Revision, Debra S. Vorsanger
Fordham Urban Law Journal
New York City administers a real estate tax incentive program, called the J-51 program, for eligible building owners who rehabilitate existing structures. Despite the need for such a program, various problems and abuses arose, emphasizing the need for major reform. Economic conditions changed the housing market and the tax incentives demonstrated several deleterious effects which contravene the original legislative intent of the program. After long negotiations surrounding several competing arguments, reforms were made. The current revisions were necessary to correct the abuses and to return the program to its original purpose of providing adequate housing for moderate and lower income …
The Rights Of Unmarried Cohabiting Couples To Housing In New York, Matthew G. Connolly
The Rights Of Unmarried Cohabiting Couples To Housing In New York, Matthew G. Connolly
Fordham Urban Law Journal
This Note examines the protections available to unmarried couples against housing discrimination under the marital status provision of the New York City and New York State Human Rights Laws. After a brief examnitation of cohabitation, this Note will review judicial and administrative construction of the Human Rights Law since its inception. This Note concludes by proposing that unwed couples be given the same protection as married couples under the marital status provision in the New York Human Rights Law. This proposition finds support in: (1) the statutory mandate that the Human Rights Law be liberally construed to accomplish its purspose, …
Will The "Sunset" On The American Dream? Two Years Of Experience Under The Mortgage Subsidy Bond Tax Act, Geoffrey W. Sager
Will The "Sunset" On The American Dream? Two Years Of Experience Under The Mortgage Subsidy Bond Tax Act, Geoffrey W. Sager
Fordham Urban Law Journal
In the 1970s, housing became increasingly unattainable for low-income single-families who were unable to afford rising housing prices. As a response, state and local housing finance agencies (HFAs) issued tax-exempt single-family mortgage bonds to finance mortgage loans. However, Congress shortly thereafter passed the Mortgage Subsidy Bond Tax Act, denying tax exclusion to such loans. This Comment examines the validity and effectiveness of selected major provisions of the Act which are unique to single-family mortgage revenue bonds, in particular the sunset provision. Ultimately, this Comment concludes that the sunset provision of the Act is unconstitutional.
Examining Cooperative Conversion: An Analysis Of Recent New York Legislation, Robert M. Nelson
Examining Cooperative Conversion: An Analysis Of Recent New York Legislation, Robert M. Nelson
Fordham Urban Law Journal
New York City contains ninety-five percent of the cooperative housing units in the United States. While there are historical and social factors for this statistic, a specific factor is the New York State Legislature's support of conversion of residential real estate from rental to cooperative ownership. Specifically, the "Goodman-Grannis" bill provides a method whereby developers may convert residential rental housing in New York City to cooperative housing without obtaining an agreement to purchase a cooperative apartment from any of the existing tenants. Under this method, tenants who do not desire to purchase their apartments as cooperatives may remain in the …
Gentrification: The Class Conflict Over Urban Space Moves Into The Courts, Harold A. Mcdougall
Gentrification: The Class Conflict Over Urban Space Moves Into The Courts, Harold A. Mcdougall
Fordham Urban Law Journal
Gentrification of inner-cities has resulted in a class conflict over urban space. An issue in the federal courts is whether the Department of Housing and Urban Development (HUD) can build, sponsor, or subsidize low income housing projects within or near revitalized neighborhoods. In Stryker's Bay Neighborhood Council v. Karlen, the United States Supreme Court held that HUD's decision-making process relating to the placement of low income housing is beyond judicial review. This Article reviews recent litigation in Philadelphia, Chicago and Boston in light of Stryker's Bay, and concludes that in order to protect federal efforts to maintain the integrated character …
An Evaluation Of New York Loft Conversion Law, William Eckstein
An Evaluation Of New York Loft Conversion Law, William Eckstein
Fordham Urban Law Journal
Prior to World War II, buildings of five to ten stories, called lofts, used to house small factories, dominated lower Manhattan. As these buildings were converted to residences after World War II, laws and regulations regarding conversion were enacted haphazardly. The New York state legislature is considering a bill, Article 7C, Legalization of Interim Multiple Dwellings, designed to address the inadequacies which characterize loft conversion laws. This Note analyzes the propriety of Article 7C by reviewing the evolution of New York loft conversion law. The viewpoints of tenants, landlords, and city officials are presented in separate sections. This Note concludes …
Redlining, Disinvestment And The Role Of Mutual Savings Banks: A Survey Of Solutions, Deborah A. Smith
Redlining, Disinvestment And The Role Of Mutual Savings Banks: A Survey Of Solutions, Deborah A. Smith
Fordham Urban Law Journal
In this Article, current federal and New York State laws and regulations pertaining to redlining and disinvestment are analyzed. In addition, the current problems facing the mutual savings market are discussed and their role in the mortgage market examined. Finally, proposals for future legislation to remedy the problems of redlining and disinvestment are discussed.
Municipal Law- Negligence- Failure Of Police To Provide Protection To The Holder Of Family Court Order Of Protection States A Valid Cause Of Action, Lauren Levey
Fordham Urban Law Journal
In defining family, it is possible to include a group home designed by the state to emulate a traditional family unit. This case examines the Group House of Port Washington, Inc. v. Board of Zoning and Appeals of the Town of North Hempstead.
Emergency Tenant Protection In New York: Ten Years Of Rent Stabilization, Diane Ungar
Emergency Tenant Protection In New York: Ten Years Of Rent Stabilization, Diane Ungar
Fordham Urban Law Journal
New York City's rent stabilization system was designed as an alternative to the rent control system. Rent stabilization looked to the owners for supervision as a way to benefit not only the system but tenants through an informed and experienced administration. Unfortunately, the system has had its fair share of shortcomings as rules have become technical, complex, and ill equipped to address the concerns of tenants. This comment examines the stabilization system's history and its current status. Though the current system has flaws, the flaws can be fixed and must be to protect NYC tenants and owners.
Leasehold Unconscionability: Caveat Lessor , Kevin J. Farrelly
Leasehold Unconscionability: Caveat Lessor , Kevin J. Farrelly
Fordham Urban Law Journal
This comment explores unconscionability in terms of leases for real property. In an attempt to protect tenants from overreaching landlords, leasehold unconscionability has slowly become a major tool in the arsenal for tenant protection. Forming and creating statutes that define what may shock the conscience is essential in expanding that protection. This comment looks to section 1.303 of the Uniform Residential Landlord Tenant Act and as well as New York Real Property law section 235-c to reveal the change from caveat lessee to caveat lessor.
New Judicial Approaches To Maintaining Housing Quality In The Cities, Eugenia K. Manning
New Judicial Approaches To Maintaining Housing Quality In The Cities, Eugenia K. Manning
Fordham Urban Law Journal
Virtually every member of the urban community is a party to a landlord-tenant relationship. As the general tenor of urban life in America changes, so must the laws which govern the urban dweller. For years the doctrine of caveat emptor prevented the tenant from forcing the landlord to make necessary repairs or to retain the leased premises in a habitable condition. The doctrine of constructive eviction afforded him little relief; and housing and sanitation codes, while achieving a measure of success, were generally ineffective. Only when conditions because unbearable did the law protect him. Increasingly, however, the trend has been …
Comment: The New York City Housing Part: New Remedy For An Old Dilemma, Dennis E. Milton
Comment: The New York City Housing Part: New Remedy For An Old Dilemma, Dennis E. Milton
Fordham Urban Law Journal
This Comment describes the practical operation of the Housing Part of the Civil Court of the City of New York, which began its operation October 1, 1973. The jurisdiction of the court as well as the remedies and penalties provided in the enabling legislation are outlined. The duties of its personnel, settlement procedures, and the influence of administrative agencies upon the operation of the Housing Part are also examined, as are several cases affecting the operation of the Housing Part. The author concludes that there have been many beneficial effects from the first year of operation of the Housing Part, …
Neighborhood Preservation In New York City, Phillip Weitzman
Neighborhood Preservation In New York City, Phillip Weitzman
Fordham Urban Law Journal
The push to the suburbs, financed in large part by federal mortgage guarantees and highway construction moneys and bolstered by exclusionary zoning, has generated forces which tend to leave old urban neighborhoods in shambles. The syndrome of housing deterioration is well known. The dilemma of the deteriorating neighborhood is heightened in a city such as New York, where a large proportion of its population lives in old multiple family buildings. After almost forty years marked by a succession of programs designed to eliminate slums and blighted areas, New York City has concluded that its older neighborhoods must be protected from …
The New York City Housing Receivership And Community Management Programs, Mark Grossman
The New York City Housing Receivership And Community Management Programs, Mark Grossman
Fordham Urban Law Journal
Each year New York City landlords abandon buildings containing an estimated 10,000 apartments, forcing tenants to leave as the ownerless buildings plunge into decay. At least half of these buildings are structurally solid and might last several more decades if not abandoned. Most are found in areas where "problem" buildings- buildings which have a potential for abandonment- will most likely be found. New York City has instituted a number of programs for dealing with buildings which are headed toward abandonment. They include code-enforcement, emergency repair and receivership programs, foreclosure for nonpayment of property taxes, and rehabilitation programs involving municipal loans, …
Administrative Law- Practice And Procedure- Tenants Of A Public Housing Project Must Be Accorded Due Process Protections Before The Promulgation Of An Across-The-Board Rent Increase
Fordham Urban Law Journal
In June 1971, the chairman of the New Rochelle Housing Authority notified all tenants of a new $2.00 per room per month service charge and tenants instituted an action under section 1983 of the Civil Rights Act. The tenants asked the court to declare the charge invalid and enjoin the increase unless the tenants were first accorded a hearing. The US District Court for SDNY granted tenants summary judgment holding they had a due process right to notice and a hearing. The Court of Appeals for the Second Circuit modified this holding they had certain due process rights, their rights …
Civil Rights - Discrimination In Placement Of Low-Rent Housing- Statute's Requirement That Locality's Governing Body Agree To Cooperate With Hud Used As A Shield To Protect Suburbs From Integration By Low Income Blacks
Fordham Urban Law Journal
The constitutionality of certain sections of the National Housing Act that required a community to consent to the construction of federally assisted low income housing was challenged. The plaintiffs alleged that the consent requirement gave white suburbs the power to bar this construction resulting in limited low incoming housing offered in predominantly black areas. Plaintiffs proposed that a new agreement between the City of Cleveland and the Cuyahoga Metropolitan Housing Authority be reached that would better reflect low income housing needs. At trial, the court rejected the plaintiff's contentions and on remand, the court held that absent a rational basis, …
Pointing The Way To Housing Quality, Alexander Cooper, Michael Kwartler, Charles Reiss
Pointing The Way To Housing Quality, Alexander Cooper, Michael Kwartler, Charles Reiss
Fordham Urban Law Journal
This article highlights the Urban Design Council's goals of promoting the highest economically feasible standard of quality in residential housing and seeking to stimulate beneficial development in cities. The article describes the current zoning plan in effect in New York City, proposes new approaches to improve housing quality by exploring the elements of "quality" and zoning as a means of achieving such quality housing.
Comment: Consumerism’S Forgotten Man
Comment: Consumerism’S Forgotten Man
Fordham Urban Law Journal
This comment will analyze the Home Solicitation Sales Act in terms of the special needs of the low income consumer and will suggest an additional statutory approach to protect consumers of lower economic strata.
Tenant Remedies For A Denial Of Essential Services And For Harassment -The New York Approach
Tenant Remedies For A Denial Of Essential Services And For Harassment -The New York Approach
Fordham Urban Law Journal
The New York Legislature has enacted a series of statutory remedies intended to afford tenants protection when a landlord fails to provide adequate services. The Legislature has been faced, however, with the problem of finding a proper balance between the property rights of the landlord and the human rights of the tenant. As a result, each of these remedies has severe shortcomings which render its operation difficult and at times virtually impossible.