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Articles 1 - 30 of 39
Full-Text Articles in Housing Law
Bringing Home The Right To Housing To Advance Urban Sustainability, Lisa Alexander
Bringing Home The Right To Housing To Advance Urban Sustainability, Lisa Alexander
Lisa T. Alexander
No abstract provided.
Market Urbanism Blog Posts - First Half Of 2019, Michael Lewyn
Market Urbanism Blog Posts - First Half Of 2019, Michael Lewyn
Michael E Lewyn
Do You Believe In Ghost Apartments?, Michael Lewyn
Do You Believe In Ghost Apartments?, Michael Lewyn
Michael E Lewyn
Non-Enforcement Takings, Timothy M. Mulvaney
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 Neighborhood Veto And Its Discontents, Michael 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
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
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
2018 July-December Market Urbanism Blog Posts, Michael Lewyn
Michael E Lewyn
Building Community, Still Thirsty For Justice: Supporting Community Development Efforts In Baltimore, Renee Hatcher, Jaime Alison Lee
Building Community, Still Thirsty For Justice: Supporting Community Development Efforts In Baltimore, Renee Hatcher, Jaime Alison Lee
Renee Hatcher
Baltimore is a city of many challenges, but it possesses true communitybased strength. The city’s residents and community organizations are its greatest assets. This article highlights some of the community’s work and how the Community Development Clinic at the University of Baltimore School of Law (CDC) supports this work through its experiential learning curriculum. The challenges facing Baltimore’s communities (systemic disinvestment, structural racism, vacant buildings, unemployment, and the criminalization of poverty, to name a few) existed long before the national media coverage and uprising surrounding the death of Freddie Gray, an unarmed Black man who suffered a fatal spinal injury …
Evicted: The Socio-Legal Case For The Right To Housing, Lisa T. Alexander
Evicted: The Socio-Legal Case For The Right To Housing, Lisa T. Alexander
Lisa T. Alexander
Matthew Desmond's Evicted: Poverty and Profit in the American City is a triumphant work that provides the missing socio-legal data needed to prove why America should recognize housing as a human right. Desmond's masterful study of the effect of evictions on Milwaukee's urban poor in the wake of the 2008 U.S. housing crisis humanizes the evicted, and their landlords, through rich and detailed ethnographies. His intimate portrayals teach Evicted's readers about the agonizingly difficult choices that low-income, unsubsidized tenants must make in the private rental market. Evicted also reveals the contradictions between "law on the books" and "law-in-action." Its most …
My Planetizen Blog Posts July-August 2017, Michael Lewyn
My Planetizen Blog Posts July-August 2017, Michael Lewyn
Michael E Lewyn
Does The Threat Of Gentrification Justify Restrictive Zoning?, Michael Lewyn
Does The Threat Of Gentrification Justify Restrictive Zoning?, Michael Lewyn
Michael E Lewyn
Planetizen Blog Posts September-December 2017, Michael Lewyn
Planetizen Blog Posts September-December 2017, Michael Lewyn
Michael E Lewyn
2017 Market Urbanism Report Blog Posts, Michael Lewyn
2017 Market Urbanism Report Blog Posts, Michael Lewyn
Michael E Lewyn
Just, Smart: Civil Rights Protections And Market-Sensitive Vacant Property Strategies, James J. Kelly Jr.
Just, Smart: Civil Rights Protections And Market-Sensitive Vacant Property Strategies, James J. Kelly Jr.
James J. Kelly Jr.
This essay, prepared for and published by the Center for Community Progress, a national, non-profit intermediary dedicated to developing effective, sustainable solutions to turn vacant, abandoned and problem properties into vibrant places, examines the legal and normative implications of local governments' use of neighborhood real estate market data to strategically focus vacant property remediation tools. I and other writers, such as Frank Alexander, Alan Mallach and Joseph Schilling, have argued for the importance of understanding the economic feasibility of market-based rehabilitation of derelict, vacant houses in making decisions as to how and when to use a variety of code enforcement, …
Hip-Hop And Housing: Revisiting Culture, Urban Space, Power, And Law, Lisa T. Alexander
Hip-Hop And Housing: Revisiting Culture, Urban Space, Power, And Law, Lisa T. Alexander
Lisa T. Alexander
U.S. housing law is finally receiving its due attention. Scholars and practitioners are focused primarily on the subprime mortgage and foreclosure crises. Yet the current recession has also resurrected the debate about the efficacy of place-based lawmaking. Place-based laws direct economic resources to low-income neighborhoods to help existing residents remain in place and to improve those areas. Law-and-economists and staunch integrationists attack place-based lawmaking on economic and social grounds. This Article examines the efficacy of place-based lawmaking through the underutilized prism of culture. Using a sociolegal approach, it develops a theory of cultural collective efficacy as a justification for place-based …
Structural Subjugation: Theorizing Racialized Sexual Harassment In Housing, Kate Elengold
Structural Subjugation: Theorizing Racialized Sexual Harassment In Housing, Kate Elengold
Kate Elengold
Edilizia Residenziale Convenzionata E Fallimento Della Cooperativa Concessionaria, Valentina Gastaldo
Edilizia Residenziale Convenzionata E Fallimento Della Cooperativa Concessionaria, Valentina Gastaldo
Valentina Gastaldo
L’edilizia convenzionata rappresenta una forma particolare, ma molto comune di edilizia pubblica. L’acuirsi della crisi economica e finanziaria, che negli ultimi anni ha colpito il nostro Paese, ha inevitabilmente dato origine ad innumerevoli problemi durante la fase di realizzazione degli impegni assunti in sede di convenzione. Il saggio si pone l’obiettivo di esaminare l’ipotesi di fallimento della cooperativa concessionaria ed, in particolare, se la sentenza di fallimento comporti l’automatica decadenza della convezione stipulata con l’Amministrazione Comunale. Un ulteriore quesito riguarda, poi, le sorti della convenzione in caso di risoluzione del contratto di locazione stipulato tra la cooperativa fallita ed il …
Yes To Infill, No To Nuisance, Michael Lewyn
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.
Mortgage Foreclosure In Buckhead, Terika L. Haynes
Mortgage Foreclosure In Buckhead, Terika L. Haynes
Terika L Haynes
The purpose of the quantitative ex post facto study was to determine whether a relationship exists between home occupancy type, purchase price, residency duration, and the incidence of mortgage foreclosure of homeowners residing in single-family residential homes in the eight zip codes (30305, 30309, 30318, 30319, 30324, 30326, 30327, and 30342) within the Buckhead community, a high-income community located in Atlanta, Georgia. The possible relationships were explored and evaluated by conducting an archival analysis to examine the Georgia Public Notice Statewide Database of public foreclosure records, Fulton County Property Assessor records, and Fulton County tax data for 2009. The occupancy …
Branding Identity, Kate Elengold
Branding Identity, Kate Elengold
Kate Elengold
American Dreams, American Realities, Michael Lewyn
American Dreams, American Realities, Michael Lewyn
Michael E Lewyn
Review of Zoned In The USA, by Sonia Hirt.
In Defense Of Disparate Impact: An Opportunity To Realize The Promise Of The Fair Housing Act, Valerie Schneider
In Defense Of Disparate Impact: An Opportunity To Realize The Promise Of The Fair Housing Act, Valerie Schneider
Valerie Schneider
Abstract:
Twice in the past three years, the Supreme Court has granted certiorari in Fair Housing cases, and, each time, under pressure from civil rights leaders who feared that the Supreme Court might narrow current Fair Housing Act jurisprudence, the cases settled just weeks before oral argument. Settlements after the Supreme Court grants certiorari are extremely rare, and, in these cases, the settlements reflect a substantial fear among civil rights advocates that the Supreme Court’s recent decisions in cases such as Shelby County v. Holder and Fisher v. University of Texas are working to dismantle many of the protections of …
Federalism And Municipal Innovation: Lessons From The Fight Against Vacant Properties, Benton C. Martin
Federalism And Municipal Innovation: Lessons From The Fight Against Vacant Properties, Benton C. Martin
Benton C. Martin
Cities possess a far greater ability to be trailblazers on a national scale than local officials may imagine. Realizing this, city advocates continue to call for renewed recognition by state and federal officials of the benefits of creative local problem-solving. The goal is admirable but warrants caution. The key to successful local initiatives lies not in woolgathering about cooperation with other levels of government but in identifying potential conflicts and using hard work and political savvy to build constituencies and head off objections. To demonstrate that point, this Article examines the legal status of local governments and recent efforts to …
How Real Is Gentrification?, Michael Lewyn
How Real Is Gentrification?, Michael Lewyn
Michael E Lewyn
Some commentators argue that gentrification is turning many cities into a playground for the rich. This article rejects that view, pointing out that even relatively affluent cities are still poorer than the average suburb.
A Home With Dignity: Domestic Violence And Property Rights, Margaret Johnson
A Home With Dignity: Domestic Violence And Property Rights, Margaret Johnson
Margaret E Johnson
This Article argues that the legal system should do more to address intimate partner violence and each party’s need for a home for several reasons. First, domestic violence is a leading cause of homelessness and family homelessness. Second, the struggle over rights to a shared home can increase the violence to which the woman is subjected. And third, a woman who decides that continuing to share a home with the person who abused her receives little or no system support, despite the evidence that this decision could most effectively reduce the violence. The legal system’s current failings result from its …
Constitutional Amendment To End Homelessness, Ruben B. Botello Jd
Constitutional Amendment To End Homelessness, Ruben B. Botello Jd
Ruben B Botello JD
CONSTITUTIONAL AMENDMENT TO END HOMELESSNESS IN THE UNITED STATES OF AMERICA
By Ruben Botello, JD
Founder, American Homeless Society
"We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America." (U.S. Constitution, http://constitutionus.com/)
The above-quoted Preamble to our U.S. Constitution ordains and establishes a binding legal document of, by and for the founders of our nation and their Posterity …
Certainty Of Title: Perspectives After The Mortgage Foreclosure Crisis On The Essential Function Of Effective Recording Systems, Donald J. Kochan
Certainty Of Title: Perspectives After The Mortgage Foreclosure Crisis On The Essential Function Of Effective Recording Systems, Donald J. Kochan
Donald J. Kochan
Recording systems for property play a pivotal, market-facilitating role for the players engaged in any transaction, the judiciary that must resolve disputes between the players, and others members of the general public by informing each about the true nature of ownership of the real property things in the world. This symposium article explores the essential character of such systems in providing certainty of title, and takes a tour through the mortgage foreclosure crisis to see where adherence to and respect for these systems’ roles broke down. Leading up to the crisis, as securitization became vogue and the housing boom blurred …
Whither Workforce Housing?, Matthew J. Parlow
Whither Workforce Housing?, Matthew J. Parlow
Matthew Parlow
Shelter Poverty: The Chronic Crisis Of Housing Affordability, Michael E. Stone
Shelter Poverty: The Chronic Crisis Of Housing Affordability, Michael E. Stone
Michael E. Stone
This paper examines housing affordability in the United States over the past three decades using the author’s concept of “shelter poverty.” The major findings are as follows: The number of shelter-poor households has been over 30 million since the early 1990s, an increase of more than 70 percent since 1970. Among families with children, rates of shelter poverty are much higher, and over the past several decades have risen faster, than among households with just one or two persons. Nearly half of all renter households are shelter-poor, victims of low incomes and rising rents; most low-income renters are headed by …