Housing Law Commons^™

The West Lodge Files: Joining Clinic And Community To Overcome Tenants' Subordination, Mary Truemner, Bart Poesiat

Osgoode Hall Law Journal

Organizing with members of the community is an essential part of realizing change through legal advocacy. This article explores how organizing with tenants' associations in the Parkdale community created a foundation for success in the courtroom in what are perhaps Parkdale Community Legal Services' most famous files-The West Lodge Files. The article traces the long history of legal and other battles surrounding the West Lodge towers, beginning with a groundbreaking Supreme Court of Canada case for tenants' rights in the 1970's and ending with the tenants' 1997 attempt and courtroom battle to buy the buildings and turn them into a …

Safe At Home: Protecting Female Tenants From Violence, Lori A. Pope

Osgoode Hall Law Journal

This article deals with the tension for legal aid clinics between a policy of not representing landlords and a policy of acting for abused women rather than their alleged abusers. Many women face violence where they live, which can jeopardize their tenancies. To combat the resulting legal problems effectively, clinics may need to work indirectly or even directly for landlords. Clinics ought also to consider lobbying for changes to legislation to allow tenants to take action directly against other tenants who threaten their safety. Parkdale Community Legal Services (PCLS), which led the way for other clinics in their adoption of …

The Liberty Dimension Of Historic And Contemporary Segregation, James W. Nickel

Articles

No abstract provided.

City Of Edmonds V. Oxford House: Group Homes In The Family's Backyard, Paul Holmes Masters

Brigham Young University Journal of Public Law

No abstract provided.

Government Lawyers And Their Private “Clients” Under The Fair Housing Act, Eugene R. Gaetke, Robert G. Schwemm

Law Faculty Scholarly Articles

In strengthening enforcement of the federal Fair Housing Act, Congress in the 1988 Fair Housing Amendments Act ("FHAA") authorized government lawyers from the Justice Department, the Department of Housing and Urban Development, and state and local civil rights agencies to prosecute cases "on behalf of” persons aggrieved by housing discrimination. This new enforcement scheme has led to a heightened level of administrative complaints and litigated cases in which government lawyers are put in the potentially difficult position of having to represent both their agency and private complainants.

The "triangular" relationships created by the FHAA between government lawyers and their public …

Public Choice Theory: A Unifying Framework For Judicial Activism, Dana Brakman Reiser

Faculty Scholarship

No abstract provided.

Housing Abandonment And New York City's Response, David Reiss

Faculty Scholarship

No abstract provided.

Public Housing Privatization Using Section 8 Vouchers And I.R.C. Section 42 Low-Income Housing Tax Credits In Connection With The Use Of Lease To Purchase Options, 16 St. Louis U. Pub. L. Rev. 355 (1997), F. Willis Caruso, Mark Brennan

UIC Law Open Access Faculty Scholarship

No abstract provided.

Facing The Facts: An Empirical Study Of The Fairness And Efficiency Of Foreclosures And A Proposal For Reform, 30 U. Mich. J.L. Reform 639 (1997), Debra Pogrund Stark

UIC Law Open Access Faculty Scholarship

Lenders view real estate foreclosures as too expensive and time consuming a process which needlessly increases the costs of making loans. Others complain that the foreclosure process fails to adequately protect the borrower's equity (the value of the property in excess of the debt secured by the property) in the mortgaged property. This article tests these views by gathering new data on the fairness and efficiency of the foreclosure process. Based on the data collected (which confirms some assumptions but disproves others), the author proposes a reform of the foreclosure process to promote the interest of both lenders and borrowers. …

Brief Of The John Marshall Law School Fair Housing Clinic As Amici Curiae In Support Of Defendant, Thomas V. Anchorage Equal Rights Commission, 220 F.3d 1134 (Ninth Circuit Court Of Appeals 2000) (Nos. 97-35220, 97-35221), John Marshall Law School Fair Housing Legal Clinic, F. Willis Caruso, Michael P. Seng

Court Documents and Proposed Legislation

No abstract provided.

Appellees' Brief In Support Of Attorneys' Fees And Costs, Becovic V. City Of Chicago, 694 N.E.2d 1044 (Ill.App. 1 Dist. 1997) (No. 1-97-1151), F. Willis Caruso, John Marshall Law School Fair Housing Legal Clinic

Court Documents and Proposed Legislation

No abstract provided.

Voluntary Bonds: The Impact Of Habitat Ii On U.S. Housing Policy, Janet Stearns

Articles

No abstract provided.

Moving From Colonias To Comunidades: A Proposal For New Mexico To Revisit The Installment Land Contract Debate, Elizabeth M. Provencio

Michigan Journal of Race and Law

Communities of Mexican Americans in the Southwest, known as colonias, have provided many low-income buyers with affordable opportunities. Affordability, however, comes at a high price for the colonias residents. Most of the buyers live in colonias pursuant to installment land contracts, devices which allow buyers to spread the purchase price of property over a number of years but leave them without legal title or equity under New Mexico law. The buyers sacrifice their legal rights to "own" small, unimproved lots of land in developments that are often without electricity, gas, a sewage system, and indoor plumbing. The author argues …

The Parma Housing Racial Discrimination Remedy Revisited, W Dennis Keating

Law Faculty Articles and Essays

In 1980, the city of Parma, Ohio, Cleveland's largest suburban city was found guilty of violating the Fair Housing Act. Federal District Court Judge Frank Battisti imposed an extensive remedy upon Parma. Upon approval by the Sixth Circuit of the imposed remedy, its implementation began in 1982. Controversy surrounded much of the remedy, and fourteen years later following Battisti's death, Federal District Court judge Kathleen O'Malley approved a new settlment aimed at ending the court's supervision of the modified remedy after another two years. Along with the Gautreaux, Mt. Laurel, and Yonkers cases, the Parma case represents a longstanding remedy …

Valuation Of Closely Held Business Interests, Edwin T. Hood, John J. Mylan, Timothy P. O'Sullivan

Faculty Works

No abstract provided.

The Challenge Of Providing Adequate Housing For The Elderly . . . Along With Everyone, Alan C. Weinstein

Law Faculty Articles and Essays

Our patterns of land use and development have failed to accommodate the changed housing needs of an aging population. Primary among these needs is the desire of the elderly to be able to "age in place." To meet this need, America's suburban communities in particular will need to re-think their reliance on exclusive single-family zoning and begin planning and zoning for an increasingly large number of the elderly. Despite understandable concerns about maintaining housing values, this may well prove to be politically achievable simply because the very demographic changes that create the need will create a growing constituency in favor …

Fourth Amendment Accommodations: (Un)Compelling Public Needs, Balancing Acts, And The Fiction Of Consent, Guy-Uriel E. Charles

Michigan Journal of Race and Law

The problems of public housing-including crime, drugs, and gun violence- have received an enormous amount of national attention. Much attention has also focused on warrantless searches and consent searches as solutions to these problems. This Note addresses the constitutionality of these proposals and asserts that if the Supreme Court's current Fourth Amendment jurisprudence is taken to its logical extremes, warrantless searches in public housing can be found constitutional. The author argues, however, that such an interpretation fails to strike the proper balance between public need and privacy in the public housing context. The Note concludes by proposing alternative consent-based regimes …

Non Profit Housing Providers: Can They Survive The 'Devolution Revolution'?, Peter W. Salsich, John J. Ammann

All Faculty Scholarship

This article examines the potential of nonprofit housing providers to participate effectively in housing programs linked to the welfare reform self-sufficiency movement. It reviews proposals for housing reforms which address expanded roles for nonprofit housing providers. With actual experiences of nonprofits as a framework, it explains their organizational patterns. Further, the article explores the supportive services and incentive programs commonly included in self-sufficiency programs employed by nonprofits and suggests modifications to such programs to improve upward mobility for participants. The authors acknowledge that self-sufficiency plans are not for everyone, and suggests alternative schemes for serving those segments of the population …

Recent Development, Public Housing In Singapore: The Use Of Ends-Based Reasoning In The Quest For A Workable System, Aya Gruber

Publications

No abstract provided.