Housing Law Commons^™

Exacting Inclusion: Property Theory, The Character Of Government Action, And Implicit Takings, Donald J. Smythe

Faculty Scholarship

Recent takings cases challenging inclusionary housing ordinances tap into an ongoing controversy about whether government interventions in the housing market do more harm than good; but they also raise much more general questions about takings law. This Article uses the controversy raised by recent housing cases to probe the relationship between the Supreme Court’s regulatory takings jurisprudence and its exaction takings jurisprudence and to suggest a more coherent approach to implicit takings. The Court’s exaction takings jurisprudence is well-designed if it is applied appropriately. As a general matter, it encourages the mitigation of socially harmful nuisances, incentivizes developers to make …

The New Tipping Point: Disruptive Politics And Habituating Equality, Sarah E. Waldeck, Rachel D. Godsil

Faculty Publications & Other Works

This Essay argues that the events of 2020 opened a window of political opportunity to implement policies aimed at dismantling structural injustice and systemic racism. Building on the work of philosopher Charles Mills and political scientist Clarissa Rile Hayward, we argue that the Black Lives Matter Movement constituted the “disruptive politics” necessary to shift dispositions of many in the United States toward racial equity by interrupting the white “epistemologies of ignorance.” Moreover, because policies that correct structural injustice are beneficial for people across race, even those whose hearts and minds remained closed may embrace legislative policies that function to dismantle …

Inclusive Economics And Home Loan Policies For Informal Workers, Kim Vu-Dinh

Faculty Scholarship

The United States has been suffering from a housing crisis that existed long before the proliferation of sub-prime loans and the Great Recession of 2008-2009. For decades, millions of gainfully employed workers have been institutionally excluded from homeownership, simply because they work in the informal economy. Because of this, the economic growth of households in this demographic has been stymied by discriminatory banking policies that heavily prioritize short-term profit maximization over borrower reliability, or loan viability. Many of those affected are historically disenfranchised people, who systematically have been excluded from the American dream of “a chicken in every pot and …

Affordable Housing: Of Inefficiency, Market Distortion, And Government Failure, Michael R. Diamond

Georgetown Law Faculty Publications and Other Works

In this essay, I examine the types of costs that are imposed on society as a whole due to the absence of a sufficient number of decent housing units that are affordable to the low-income population. These costs present themselves in relation to health care, education, employment, productivity, homelessness, and incarceration. Some of the costs are direct expenditures while others are the result of lost opportunities.

My hypothesis is that these costs are significant and offer, at the very least, a substantial offset to the cost of creating and subsidizing the operation of the necessary number of affordable housing units …

Distinguishing Households From Families, Katharine B. Silbaugh

Faculty Scholarship

The study of the relationship between all families, whether marital or non-marital, and households, is underdeveloped, despite extensive study of the mismatch between family law, which is still focused on marriage and parenthood, and family practices. Often, in an effort to update the discourse, discussions of non-marital families seem to deploy households or living arrangements as a substitute classification in the place of the old marital family. This Article argues that we need to resist the tendency to substitute the idea of “household” when the boundaries of legal family fail us, because households are not necessarily familial, and because core …

De-Concentrating Poverty: De-Constructing A Theory And The Failure Of Hope, Michael R. Diamond

Georgetown Law Faculty Publications and Other Works

Since the late 1980s, led by William Julius Wilson’s The Truly Disadvantaged, scholars have been writing about the social problems caused by the concentration in residential communities of high levels of poverty. Even before Wilson’s book, government policy, which previously had resulted in racially and economically segregated communities, had begun to shift towards de-concentration. The consent decree in Hills v Gautreaux, and the HOPE VI and Moving to Opportunity Programs all pointed towards de-concentration of poverty. Commentators have suggested both benign and not-so-benign reasons for the policy shift.

There were a variety of quite hopeful goals promoted by …

Another Model Of Low Income Housing Tax Credit Development: Building Housing And Building Capacity, Michael R. Diamond

Georgetown Law Faculty Publications and Other Works

This paper was first delivered at a conference on Affordable Housing and Pubic Private Partnerships at the University of Colorado Law School. It addresses the creation of community institutions able to acquire and wield power in the affordable housing realm. While this ability has generally been associat4ed with buildings purchased and operated by tenant groups, the paper suggests other affordable housing situations, particularly those developed under the Low Income Housing Tax Credit program, in which the accretion of power can occur. It proposes a model of tenant involvement in development and operation of affordable rental housing that can, in certain …

Affordable Housing And The Conflict Of Competing Goods: A Policy Dilemma, Michael R. Diamond

Georgetown Law Faculty Publications and Other Works

This paper, which was the keynote address at a conference on Affordable Housing and Pubic Private Partnerships at the University of Colorado Law School, is designed to point out the conflicts between various competing social “goods” in relation to the provision of affordable housing. In a world of finite resources in which competing goods cannot both be maximized at the same time, when the goods are incommensurable, how ought a society choose among them? The paper focuses on such issues as preservation of affordable housing and wealth creation; affordability and handicapped accessibility or green development. It examines various methods of …

Brief For Amici Curiae Aarp Et Al., United States Department Of Housing And Urban Development V. Rucker Et Al., Nos. 00-1770 & 00-1781 (U.S. Dec. 20, 2001), Peter B. Edelman

U.S. Supreme Court Briefs

No abstract provided.

Privatized Communities And The "Secession Of The Successful": Democracy And Fairness Beyond The Gate, Sheryll Cashin

Georgetown Law Faculty Publications and Other Works

In this essay, I will reflect on how common interest developments, and their privatized spaces, are contributing to a broader phenomenon of civic secession, primarily by affluent property owners. In particular, I will analyze the way in which CIDs may affect electoral politics and the allocation of public resources by federal and state government. The chief threat of CIDs is that they exacerbate inequality in America while also exacerbating the challenges of governing. By giving the private property owner a formal context in which to feel justified in her view that she is "doing her part" simply by paying her …

Shelter Poverty: Housing Affordability Among Asian Americans, Michael E. Stone

Institute for Asian American Studies Publications

Relatively little research has been conducted that focuses on the housing situation of Asian and Pacific Islander Americans (hereafter generally referred to as Asian Americans), especially on the national level. From a review of about 30 articles and reports over the past decade that examine racial/ethnic housing situations nationally, only one specifically addressed housing problems of Asian Americans (Hansen, 1986) while two others included Asian Americans along with other populations of color. Of the remaining articles, most used the terms race, racial discrimination, or segregation in their titles, yet did not include Asian Americans in the studies. Of particular note, …

Reflections On Inclusionary Housing And A Renewed Look At Its Viability, Laura M. Padilla

Faculty Scholarship

This article explores property rights, housing policy, and affordable housing.

Affordable Housing: Update On Federal And State Activities, Patricia E. Salkin

Scholarly Works

No abstract provided.

Issues Facing Boston: 1984, Housing, Phillip L. Clay

John M. McCormack Graduate School of Policy and Global Studies Publications

The housing problem in Boston is one issue facing the new council which offers both opportunity and complexity. In a city where 70 percent of the households are tenants, where incomes are low and housing expensive, and where major demographic and economic changes are taking place, easy answers are not available. But housing, unlike other issues, is a matter over which the city has some leverage so that progress will be noted and appreciated by an increasingly attentive electorate.

In recent years, the city has not faced the challenge of greater local discretion in housing policy (made available by the …

Housing Issues In Boston: Guidelines For New Policy And Program Perspectives, Joseph S. Slavet, Boston Urban Observatory, University Of Massachusetts Boston

Boston Urban Observatory Publications

Urban stagnation and turbulence, the roller-coaster trends In the national and local economy and the vicissitudes of national, state and local public policies have left their mark on Boston's residential neighborhoods and housing markets.

Boston's response to the new opportunities of public policy during the sixties and seventies was to take full advantage of urban renewal, assis ted-housing production and housing rehabilitation. Large-scale activities reshaped the occupancy patterns and market strengths of residential neighborhoods. By mid-1975, however, except for continuing growth in the City's subsidized housing stock, Boston's housing future looked bleak. There was pervasive evidence of a growing housing …

Evaluation Of City Of Boston Fair Housing Programs: The Final Report, Boston Urban Observatory, University Of Massachusetts Boston

Boston Urban Observatory Publications

The City of Boston's 3-year Pair Housing Plan (1981-83) identifies the following six goals for achieving greater freedom of choice in housing for its minority residents: 1) To improve the delivery of services relative to the enhancement of freedom of choice to all minorities in Boston as they relate to fair housing; 2) To increase enforcement of fair housing laws; 3) To increase public safety and security to assure equal access throughout the City of Boston; 4) To Increase the participation of all minorities and low-and moderate-income people in all City of Boston housing programs; 5) To increase low-cost housing …

Substandard Housing And The Cost Of Providing Housing-Related Services, David Podoff, Daniel A. Primont, Louis Esposito, Boston Urban Observatory, University Of Massachusetts Boston

Boston Urban Observatory Publications

Designed as a comparative undertaking by the National League of Cities (NLC) , this study is officially entitled "National Research Agenda Project No. 5: Substandard Housing and the Cost of Providing Housing-Related Services." A similar study was carried out by the urban observatories in Denver and Nashville. According to the study scope of services, the NLC was interested in the cost of "a wide variety of local government activities ... required to support and service urban housing," and how these costs "are affected by housing quality, housing location, age and type of structures. ..." It was also suggested that attention …