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Full-Text Articles in Housing Law
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
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
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.
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.
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 …
Affordable Housing: Update On Federal And State Activities, Patricia E. Salkin
Affordable Housing: Update On Federal And State Activities, Patricia E. Salkin
Patricia E. Salkin
No abstract provided.
The Fair Housing Act, Zoning, And Affordable Housing, Patricia E. Salkin, John M. Armentano
The Fair Housing Act, Zoning, And Affordable Housing, Patricia E. Salkin, John M. Armentano
Patricia E. Salkin
No abstract provided.
The Role Of The Law In The Availability Of Public Transit And Affordable Housing In Atlanta’S West End, Elliott Lipinsky
The Role Of The Law In The Availability Of Public Transit And Affordable Housing In Atlanta’S West End, Elliott Lipinsky
ELLIOTT LIPINSKY
The Federal Transit Administration (FTA) is a branch of the U.S. Department of Transportation that administers federal funds and provides technical assistance for the support of locally operated public transit systems. MARTA / Atlanta metro area are part of FTA Region IV (the Southeast). FTA would be involved, for instance, in financing the federal grant monies discussed above. But actual regulation of operations (i.e., what MARTA does each day, or what MARTA will plan to do regionally) is more closely regulated by Georgia agencies.
Until recently, the Atlanta metropolitan area had no powerful central agency to coordinate regional transit. The …
Reflections On Fair Housing Law, Tim Iglesias
Reflections On Fair Housing Law, Tim Iglesias
Tim Iglesias
This presentation offered reflections on the state of fair housing law in light of numerous studies evaluating its effectiveness. It argues that while enforcement needs to be improved, fair housing advocates must also employ complementary strategies to reform social norms.