Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Land Use Law (8)
- Property Law and Real Estate (8)
- Civil Rights and Discrimination (4)
- Law and Race (3)
- Law and Society (3)
-
- Social and Behavioral Sciences (3)
- Civil Law (2)
- Constitutional Law (2)
- Environmental Law (2)
- State and Local Government Law (2)
- Urban Studies and Planning (2)
- Architecture (1)
- Banking and Finance Law (1)
- Bankruptcy Law (1)
- Comparative and Foreign Law (1)
- Criminal Law (1)
- Criminal Procedure (1)
- Disability Law (1)
- Health Law and Policy (1)
- Law Enforcement and Corrections (1)
- Legal Education (1)
- Legal Profession (1)
- Litigation (1)
- Nonprofit Organizations Law (1)
- Public Affairs, Public Policy and Public Administration (1)
- Public Law and Legal Theory (1)
- Social Welfare Law (1)
- Supreme Court of the United States (1)
- Institution
- Publication
- Publication Type
Articles 1 - 18 of 18
Full-Text Articles in Housing Law
Elizabeth Warren’S New Housing Proposal Is Actually A Brilliant Plan To Close The Racial Wealth Gap, Mehrsa Baradaran, Darrick Hamilton
Elizabeth Warren’S New Housing Proposal Is Actually A Brilliant Plan To Close The Racial Wealth Gap, Mehrsa Baradaran, Darrick Hamilton
Popular Media
Last month, Sen. Elizabeth Warren released a $450 billion housing plan called the American Housing and Economic Mobility Act. The proposal is a comprehensive and bold step toward providing affordable housing for the most vulnerable Americans. The bill is the first since the Fair Housing Act with the explicit intent of redressing the iterative effects of our nation’s sordid history of housing discrimination. Critically, it has the potential to make a substantive dent in closing our enormous and persistent racial wealth gap.
A Rash Decision In Sunnyslope: Confusion Lingers Over Collateral Valuation, Michael D. Manzo
A Rash Decision In Sunnyslope: Confusion Lingers Over Collateral Valuation, Michael D. Manzo
St. John's Law Review
(Excerpt)
This Comment argues that the Ninth Circuit’s Sunnyslope decision misconstrued the Rash Court’s holding and is divorced from the text and structure of the Code. Rash does not provide a brightline rule that answers valuation questions in cramdowns; it offers a flexible standard that is compatible with the Code’s protections for both debtors and secured creditors. Further, this Comment also argues that Sunnyslope could have been answered not as a valuation issue, but as a lien priority issue. In any event, the Ninth Circuit completely missed the mark in interpreting the Supreme Court’s holding in Rash and in understanding …
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 …
Sustainable Affordable Housing, Andrea Boyack
Sustainable Affordable Housing, Andrea Boyack
Faculty Publications
Sustainable real estate development is an essential component of intergenerational justice, in part because the real estate sector creates more than 20% of the world’s carbon emissions. Governments, recognizing that environmentally sustainable real estate development involves higher upfront costs, have encouraged green building by offering publicly funded incentives such as tax credits, grants, reduced approval fees, and streamlined permitting. Using market measurement innovations such as the Dow Jones Sustainability Index, investors can promote environmentally sustainable development by prioritizing real estate developers that embrace environmentally conscious practices. Even though real estate in general still underperforms in many other sectors in terms …
Law School News: 'Force Multipliers': Ri Tenant Stablization Project Aims To Help Eviction And Homelessness Issues For Low-Income Tenants 04-06-2018, Michael M. Bowden
Law School News: 'Force Multipliers': Ri Tenant Stablization Project Aims To Help Eviction And Homelessness Issues For Low-Income Tenants 04-06-2018, Michael M. Bowden
Life of the Law School (1993- )
No abstract provided.
The Prison To Homelessness Pipeline: Criminal Record Checks, Race, And Disparate Impact, Valerie Schneider
The Prison To Homelessness Pipeline: Criminal Record Checks, Race, And Disparate Impact, Valerie Schneider
Indiana Law Journal
Study after study has shown that securing housing upon release from prison is critical to reducing the likelihood of recidivism,1 yet those with criminal records— a population that disproportionately consists of racial minorities—are routinely denied access to housing, even if their offense was minor and was shown to have no bearing on whether the applicant would be likely to be a successful renter. In April of 2016, the Office of General Counsel for the United States Department of Housing and Urban Development (HUD) issued much anticipated guidance dealing directly with the racially disparate impact of barring those with criminal records …
Dignity Takings And “Trailer Trash”: The Case Of Mobile Home Park Mass Evictions, Esther Sullivan
Dignity Takings And “Trailer Trash”: The Case Of Mobile Home Park Mass Evictions, Esther Sullivan
Chicago-Kent Law Review
Mobile homes are a primary source of shelter for America’s poor and working classes. A large share of the nation’s mobile home stock is found in mobile home parks where residents own their homes but lease the land under their homes from private landlords. Urban growth has put pressure on park landlords to sell and redevelop mobile home parks. When parks are redeveloped mobile home residents are evicted and entire communities are destroyed. Residents lose their homes and home equity as they struggle to relocate their homes to different parks or are forced to abandon them. Through two continuous years …
The Neighborhood Veto And Its Discontents, Michael Lewyn
The Neighborhood Veto And Its Discontents, Michael Lewyn
Michael E Lewyn
How Federal Tax Law Rewards Housing Segregation, Michelle D. Layser
How Federal Tax Law Rewards Housing Segregation, Michelle D. Layser
Indiana Law Journal
INTRODUCTION
I. THE SPATIAL DISTRIBUTION OF TAX-BASED HOUSING SUBSIDIES
A.WHY THE SPATIAL DISTRIBUTION OF TAX-BASED HOUSING SUBSIDIES MATTERS
B. THE LOCATION OF TAX-SUBSIDIZED HOUSING IN AMERICA
1. THE SPATIAL DISTRIBUTION OF MORTGAGE INTEREST DEDUCTION BENEFITS
2. THE SPATIAL DISTRIBUTION OF LOW-INCOME HOUSING TAX CREDIT PROJECTS
II. VISUALIZING THE SPATIAL DISTRIBUTION OF TAX-BASED HOUSING SUBSIDIES
A. THE BIG PICTURE: MAPPING TAX-BASED HOUSING SUBSIDIES
B. A CLOSER LOOK: DESCRIBING TAX-SUBSIDIZED NEIGHBORHOODS
1. NEIGHBORHOODS WITH HIGH SHARES OF MORTGAGE INTEREST DEDUCTION BENEFITS AND FEW LIHTC PROPERTIES
2. NEIGHBORHOODS WITH HIGH NUMBERS OF LIHTC PROPERTIES AND LITTLE MORTGAGE INTEREST DEDUCTION BENEFIT
3. NEIGHBORHOODS IN …
Exclusionary Megacities, Wendell Pritchett, Shitong Qiao
Exclusionary Megacities, Wendell Pritchett, Shitong Qiao
Faculty Scholarship
Human beings should live in places where they are most productive, and megacities, where information, innovation, and opportunities congregate, would be the optimal choice. Yet megacities in both China and the United States are excluding people by limiting the housing supply. Why, despite their many differences, is the same type of exclusion happening in both Chinese and U.S. megacities? Urban law and policy scholars argue that Not-In-My-Back-Yard (“NIMBY”) homeowners are taking over megacities in the U.S. and hindering housing development. They pin their hopes on an efficient growth machine that makes sure “above all, nothing gets in the way of …
Segregation In St. Louis: Dismantling The Divide, For The Sake Of All [In Collaboration With], Thomas Harvey, John Mcannar, Michael-John Voss, Ascend Stl Inc., Community Builders Network Of Metro St. Louis, Metropolitan St. Louis Equal Housing And Opportunity Council (Ehoc), Team Tif
Segregation In St. Louis: Dismantling The Divide, For The Sake Of All [In Collaboration With], Thomas Harvey, John Mcannar, Michael-John Voss, Ascend Stl Inc., Community Builders Network Of Metro St. Louis, Metropolitan St. Louis Equal Housing And Opportunity Council (Ehoc), Team Tif
All Faculty Scholarship
Place matters. Where people live in St. Louis has been shaped by an extensive history of segregation that was driven by policies at multiple levels of government and practices across multiple sectors of society. The effect of segregation has been to systematically exclude African American families from areas opportunity that support economic, educational, and health outcomes.
Testing Fannie Mae's And Freddie Mac's Post-Crisis Self-Preservation Policies Under The Fair Housing Act, Shelby D. Green
Testing Fannie Mae's And Freddie Mac's Post-Crisis Self-Preservation Policies Under The Fair Housing Act, Shelby D. Green
Elisabeth Haub School of Law Faculty Publications
Beginning in the 1930s, the federal government adopted programs and policies toward safe and decent housing for all. The initiatives included the creation of the Federal Housing Administration that, among other things, spurred mortgage lending by guaranteeing mortgage loans to low- and moderate-income borrowers. The creation of the secondary mortgage market by Fannie Mae and Freddie Mac (“GSEs”) helped provide more liquidity for loan originators. However, somewhere along the way, these GSEs lost their way, as they pursued profitability without regard to risk and heedlessly bought mortgages without considering quality.
The overabundance of poor quality mortgages led to the housing …
Smart Growth Through Tiny Homes: Incentivizing Freedom Of Housing, A. Robin Donnelly
Smart Growth Through Tiny Homes: Incentivizing Freedom Of Housing, A. Robin Donnelly
Texas A&M Journal of Property Law
Tiny Homes are an environmentally friendly housing option popping up across the United States. Tiny Homes have a minimal environmental footprint due to their small size and eco-friendly design. As such, Tiny Homes could address several of the Environmental Protection Agency’s city development goals. The Environmental Protection Agency (“EPA”) has created a Smart Growth program that provides financial assistance to cities seeking to implement greener practices throughout city planning. Tiny Home Eco communities could become a popular Smart Growth development plan. Unfortunately, cities have not welcomed Tiny Homes, and this alternative green housing scheme has remained undeveloped. This Comment is …
Non-Enforcement Takings, Timothy M. Mulvaney
Non-Enforcement Takings, Timothy M. Mulvaney
Faculty Scholarship
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 Right To Counsel For Tenants Who Faced Eviction, Andrew Scherer
The Right To Counsel For Tenants Who Faced Eviction, Andrew Scherer
Other Publications
No abstract provided.
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