Open Access. Powered by Scholars. Published by Universities.®

Property Law and Real Estate Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 5 of 5

Full-Text Articles in Property Law and Real Estate

Evaluating Katrina: A Snapshot Of Renters’ Rights Following Disasters, Eloisa Rodriguez-Dod, Olympia Duhart Nov 2016

Evaluating Katrina: A Snapshot Of Renters’ Rights Following Disasters, Eloisa Rodriguez-Dod, Olympia Duhart

Eloisa C Rodríguez-Dod

Hurricane Katrina destroyed the homes of many people living in parts of the Gulf Region. The storm displaced as many as 800,000 victims and it is still difficult for them to return home. Consequently, many homeowners have turned to renting because of the slow recovery process. Renters face added difficulties; they are often the last in line for government benefits and other assistance. There is much hostility towards the rights of renters, creating even more difficulties for them. This article focuses on the difficulties evacuee renters faced in New Orleans following the disaster. This article discusses legislation and attempted legislation …


A New American Dream For Detroit, Andrea Boyack Oct 2016

A New American Dream For Detroit, Andrea Boyack

Faculty Publications

The problem of neighborhood deterioration is keenly visible in Detroit today, but Detroit’s housing struggles are not unique. Like most of America, the Detroit metropolitan area is racially fragmented, and minority neighborhoods are the most likely to be impoverished and failing. Detroit’s problems of housing abandonment and neighborhood decay are both caused and exacerbated by decades of housing segregation and inequality. The “American Dream” has always been one of equal opportunity, but there can be no equality of opportunity when there is such stark inequality among home environments. Detroit’s neighborhood decline is a symptom of the city’s population loss and …


Micro-Housing In Seattle: A Case For Community Participation In Novel Land Use Decisions, Patrick Carter May 2016

Micro-Housing In Seattle: A Case For Community Participation In Novel Land Use Decisions, Patrick Carter

Seattle University Law Review

Rather than relying solely on the formal interpretations of government regulators invited by the structure of local zoning ordinances, the City of Seattle should adopt a process that invites community-based mediation and problem-solving when a significant shift in housing density is contemplated in a developer’s proposal. Greater resident participation in development projects allows the City of Seattle to better support those residents in their reliance interests arising from zoning ordinances while simultaneously furthering the policies that underpin urban zoning. This is especially true when such development projects raise the possibility of substantial impacts on the character of a community or …


The Non-Uniform Commercial Code: The Creeping, Problematic Application Of Article 9 To Determine Outcomes In Foreclosure Cases, Morgan L. Weinstein May 2016

The Non-Uniform Commercial Code: The Creeping, Problematic Application Of Article 9 To Determine Outcomes In Foreclosure Cases, Morgan L. Weinstein

The University of New Hampshire Law Review

[Excerpt] “This article will discuss the operation of two portions of the Uniform Commercial Code (“U.C.C.”) on mortgage foreclosure law. Article 3 of the U.C.C. governs negotiable instruments, whereas Article 9 governs secured transactions. For decades, courts have utilized Article 3 to determine the rights of lenders and their assigns to enforce mortgage promissory notes and to foreclose mortgages thereon. However, certain jurisdictions do not utilize the U.C.C. in foreclosure cases, whereas other jurisdictions have recently begun to look to Article 9 instead. This article argues that the Uniform Commercial Code should receive more uniform application, with Article 3 as …


Varying The Variance: How New York City Can Solve Its Housing Crisis And Optimize Land Use To Serve The Public Interest, Nathan T. Boone Jan 2016

Varying The Variance: How New York City Can Solve Its Housing Crisis And Optimize Land Use To Serve The Public Interest, Nathan T. Boone

Brooklyn Law Review

As Millennials repopulate American cities and seek jobs in creative industries, housing affordability has risen to the forefront of urban policy battles. Major conflicts exist between homeowners, renters, municipal governments, and growing industries regarding the proper way to grapple with an influx of new capital, both financial and human. New York City is a prime example of this problem. Housing cost increases have exceeded income increases, leaving a large percentage of New Yorkers “rent burdened.” This note seeks to examine a likely cause of the present problem: zoning and variance systems that limit the ability of private land owners to …