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Articles 1 - 11 of 11
Full-Text Articles in Property Law and Real Estate
Treating Neighbors As Nuisances: Troubling Applications Of Criminal Activity Nuisance Ordinances, Joseph Mead, Megan E. Hatch, J. Rosie Tighe, Marissa Pappas, Kristi Andrasik, Elizabeth Bonham
Treating Neighbors As Nuisances: Troubling Applications Of Criminal Activity Nuisance Ordinances, Joseph Mead, Megan E. Hatch, J. Rosie Tighe, Marissa Pappas, Kristi Andrasik, Elizabeth Bonham
Et Cetera
Thousands of cities nationwide enforce Criminal Activity Nuisance Ordinances that catalyze the eviction of tenants when there are two or more police visits to a property. We report findings of an empirical study of enforcement of nuisance ordinances, finding that cities often target survivors of domestic violence, people experiencing a mental health crisis, nonprofit organizations serving people with disabilities, people seeking life-saving medical intervention to prevent a fatal drug overdose, and non-criminal behavior such as playing basketball or being “disrespectful.” Codifying into public policy a path to homelessness in these instances is not only cruel and counterproductive, but likely violates …
Fixing Toxic Titles, Kermit J. Lind
Fixing Toxic Titles, Kermit J. Lind
Kermit J. Lind
This is a presentation using a PowerPoint along with supplemental reading. I define the term "toxic title" and describe problems it causes to communities and individuals. Potential solutions and preventive actions are proposed.
Code Compliance Enforcement In The Mortgage Crisis, Kermit J. Lind
Code Compliance Enforcement In The Mortgage Crisis, Kermit J. Lind
Kermit J. Lind
This is a short presentation of suggestions for better code compliance enforcement. It takes into account the distresses brought about by the mortgage crisis. It calls for a strategic approach rather than a reactive approach. It assumes a necessity for making choices about what policing programs and actions will produce maximum compliance beneficial to residents and occupying homeowners in residential neighborhoods.
The People's Court, Kermit J. Lind
The People's Court, Kermit J. Lind
Law Faculty Articles and Essays
The Cleveland Housing Court adjudicates only one house and one owner at a time, while the investors and speculators in blighted properties operate in secret at high volume from a distance. However, the court's focus on housing code compliance and its (when needed) willingness to hand down strong measures is powerful. Even now, the City of Cleveland is implementing new strategic code compliance measures in partnership with neighborhood-based community development corporations, to the point where there is less profit in owning worthless houses in Cleveland, and the court is redirecting the disposal of low-value foreclosed houses to local land banks …
Can Public Nuisance Law Protect Your Neighborhood From Big Banks?, Kermit J. Lind
Can Public Nuisance Law Protect Your Neighborhood From Big Banks?, Kermit J. Lind
Law Faculty Articles and Essays
This article considers how the law of public nuisance might be applied to protect neighborhoods from the destructive forces of the mortgage crisis. For more than thirty years I have been a close observer and a participant in community development at the neighborhood level in Cleveland, Ohio. I now supervise a law school clinical practice that provides legal counsel to an array of nonprofit community development corporations that, for more than thirty-five years, have been renewing housing and neighborhood sustainability in a city going through major social and economic change.
Testimony On Oh Hb 323, Foreclosure Reform, November, 2009, Kermit J. Lind
Testimony On Oh Hb 323, Foreclosure Reform, November, 2009, Kermit J. Lind
Kermit J. Lind
Testimony of KERMIT J.LIND CLINICAL PROFESSOR OF LAW CLEVELAND MARSHALL COLLEGE OF LAW CLEVELAND STATE UNIVERSITY before the HOUSING AND URBAN REVITALIZATION COMMITTEE of the OHIO HOUSE OF REPRESENTATIVES for Hearings on FORECLOSURE REFORM H.B.NO. 323
Judicial Remedies In Pattern And Practice Suits Under The Fair Housing Act Of 1968: United States V. City Of Parma, Karen E. Rubin
Judicial Remedies In Pattern And Practice Suits Under The Fair Housing Act Of 1968: United States V. City Of Parma, Karen E. Rubin
Cleveland State Law Review
The elimination of racially segregated housing is a national goal of high priority. This goal is reflected in the pronouncements of law-makers and policy shapers, in decisional law, and in the existence of federal and state legislation designed to eradicate ghettos and replace them with "truly integrated and balanced" communities. Yet segregated housing patterns persist, often finding their source and legitimization in the policies and practices of local governments. This Note will examine an Ohio decision, United States v. City of Parma, and its impact on two issues: the bringing of a "pattern and practice" suit under Title VII of …
Maintaining Residential Integration: Municipal Practices And Law, Kermit J. Lind
Maintaining Residential Integration: Municipal Practices And Law, Kermit J. Lind
Kermit J. Lind
Suburban integration following the passage of the Federal Fair Housing Law in 1968 presented an unprecedented challenge to those communities. Residential integration was not the desire of the majority of homeowners then and racial discrimination was deeply imbedded in the business of selling and buying homes. Integration was usually presumed to be the interval between the first black family moving into a neighborhood and the last white family leaving. But not for everyone. Some communities made a determination to embrace and maintain residential integration. Municipal governments were pressed by both their constituents and federal policies tied to federal funds to …
Implied Warranties In Ohio Home Sales, Susan B. Brooks
Implied Warranties In Ohio Home Sales, Susan B. Brooks
Cleveland State Law Review
The majority of states other than Ohio have rejected the caveat emptor doctrine and adopted an implied warranty of habitability in the sale of new homes, but the irony of this situation is that it was an Ohio case, Vanderschrier v. Aaron, that first recognized implied warranties in the sale of a home. This Note will demonstrate that Ohio should adopt an implied warranty of habitability in the sale of new homes by builder-vendors.
Compulsory Home Repair Laws, Maynard L. Graft Jr.
Compulsory Home Repair Laws, Maynard L. Graft Jr.
Cleveland State Law Review
In recent years legislative bodies at various levels of government have recognized the need for legally requiring the maintenance of housing at certain minimum standards. Such regulation has been deemed necessary because of the deterioration experienced by practically every major city in America. This deterioration causes a downward spiral usually resulting in complete blight in the deteriorating area. The first step toward blight is slight deterioration followed by neglect of repairs by owners and landlords (the latter neglect is an attempt to maintain a high return on investment, the former because of loss of faith in the quality of the …
Hidden Risks In Real Estate Title Transactions, Sherman Hollander
Hidden Risks In Real Estate Title Transactions, Sherman Hollander
Cleveland State Law Review
No amount of care can avoid certain of the title hazards which a real estate transaction may encounter. The most careful attorney can do little or nothing, in such situations, to sidestep the pitfalls. In at least some such cases the legislature could provide relief by reducing the risk to innocent parties. To do so requires perceptive review of some timehonored concepts. A number of types of other problems exist where a careful attorney may reduce the risk faced by his client. Even here perhaps the legislature could consider statutory improvements. It would be more fair and equitable if extraordinary …