Paradoxes, Parallels And Fictions: The Case For Landlord Tort Liability Under The Revised Uniform Residential Landlord-Tenant Act, 2015 Pace University School of Law
Paradoxes, Parallels And Fictions: The Case For Landlord Tort Liability Under The Revised Uniform Residential Landlord-Tenant Act, Shelby D. Green
Hamline Law Review
Zoning As Taxidermy: Neighborhood Conservation Districts And The Regulation Of Aesthetics, Anika S. Lemar
Indiana Law Journal
Over the last thirty years, municipalities across the country have embraced neighborhood conservation districts, regulations that impose design standards at the neighborhood level. Despite their adoption in thirty-five states, in municipalities from Boise to Cambridge, neighborhood conservation districts have evaded critical analysis by legal scholars. By regulating features such as architectural style, roof angle, and maximum eave overhang, conservation districts purport to protect “neighborhood character” or “cultural stability.” Implicit in these regulations is the unsupported assumption that the essential feature of a neighborhood’s character is its architectural design at a single point in time. The unfortunate result is zoning ...
American Dreams, American Realities, 2015 Touro Law Center
American Dreams, American Realities, Michael Lewyn
Michael E Lewyn
Review of Zoned In The USA, by Sonia Hirt.
Rent Certainty Is Not Rent Control, 2015 Dublin Institute of Technology
Rent Certainty Is Not Rent Control, Tom Dunne
The housing crisis and the debate about rent control should result in a beneficial change to the regulation of the sector but the opportunity could be lost for want of clarity of thinking about the nature of rent certainty and the distinction between it and rent control. At present rent is regulated by the Residential Tenancies Act 2004 (RTA 2004) which provides that rent can only change once a year and cannot be more than the market rent. Many argue a greater degree of rent certainty is required and that rent should not be allowed to increase by more than ...
Dismissing Provenance: The Use Of Procedural Defenses To Bar Claims In Nazi-Looted Art And Securitized Mortgage Litigation, Christian J. Bromley
Christian J Bromley
The litigation surrounding an estimated 650,000 works looted by the Nazis in the Second World War and the millions of securitized mortgages foreclosed in the wake of the Great Recession converge on a fundamental legal principle: who really holds rightful title? Seemingly worlds apart, these separate yet remarkably similar forms of property challenge the American judiciary to allocate property rights between adversaries steadfast in their contention of rightful ownership. The legal fulcrum in this allocation often rests not on the equity or righteousness of either parties’ claim—whether museum versus heir or bank versus former homeowner—but instead on ...
California Supreme Court Unanimously Upholds Inclusionary Zoning As Land Use Regulation And Not An Exaction, 2015 University of San Francisco, School of Law
California Supreme Court Unanimously Upholds Inclusionary Zoning As Land Use Regulation And Not An Exaction, Tim Iglesias
Local governments, housing advocates, and people who need affordable housing won a solid victory in the California Supreme Court's unanimous opinion in California Bldg. Indus. Ass'n v. City of San Jose. In a complex 64-page opinion that is clearly drafted and rigorously argued, the court held that inclusionary zoning is a constitutionally permissible strategy to produce affordable housing and to promote economic integration that is subject to rational basis review and not heightened scrutiny.
This article outlines the factual and legal background of the case and discusses the court's reasoning in reaching its decision, including the court ...
Symposium: Legal Issues And Urbanization In Developing Countries-Foreward, 2015 University of Georgia School of Law
Symposium: Legal Issues And Urbanization In Developing Countries-Foreward, Georgia Journal Of International And Comparative Law
Georgia Journal of International & Comparative Law
No abstract provided.
Edilizia Residenziale Convenzionata E Fallimento Della Cooperativa Concessionaria, 2015 Università di Parma
Edilizia Residenziale Convenzionata E Fallimento Della Cooperativa Concessionaria, Valentina Gastaldo
L’edilizia convenzionata rappresenta una forma particolare, ma molto comune di edilizia pubblica. L’acuirsi della crisi economica e finanziaria, che negli ultimi anni ha colpito il nostro Paese, ha inevitabilmente dato origine ad innumerevoli problemi durante la fase di realizzazione degli impegni assunti in sede di convenzione. Il saggio si pone l’obiettivo di esaminare l’ipotesi di fallimento della cooperativa concessionaria ed, in particolare, se la sentenza di fallimento comporti l’automatica decadenza della convezione stipulata con l’Amministrazione Comunale. Un ulteriore quesito riguarda, poi, le sorti della convenzione in caso di risoluzione del contratto di locazione stipulato ...
Hmda, Housing Segregation, And Racial Disparities In Mortgage Lending, 2015 University at Buffalo, State University of New York
Hmda, Housing Segregation, And Racial Disparities In Mortgage Lending, Charles M. Lamb Ph.D.
Charles M Lamb Ph.D.
No abstract provided.
Access Denied: The Tale Of Two Tenants And Building Amenities, 2015 Touro College Jacob D. Fuchsberg Law Center
Access Denied: The Tale Of Two Tenants And Building Amenities, Lauren C. Wittlin
Touro Law Review
No abstract provided.
Common Law Petition For Writ Of Certiorari, Beasley V. Chicago Commission On Human Relations & Betts Realty (Cook County 2015), J. Damian Ortiz, John Marshall Fair Housing Legal Clinic
Court Documents and Proposed Legislation
No abstract provided.
Maximizing Inclusionary Zoning’S Contributions To Both Affordable Housing And Residential Integration, 2015 University of San Francisco, School of Law
Maximizing Inclusionary Zoning’S Contributions To Both Affordable Housing And Residential Integration, Tim Iglesias
Inclusionary zoning is a popular policy that can uniquely serve both affordable housing and fair housing goals at the same time. Assuming the U.S. Department of Housing and Urban Development finalizes its proposed “Affirmatively Furthering Fair Housing” regulation, inclusionary zoning will become more broadly used. But more extensive use of inclusionary zoning poses both opportunities and risks for housing advocates because of the following three issues: (1) Unacknowledged tradeoffs between affordable housing and fair housing goals in inclusionary zoning design and implementation; (2) Conflicting concepts of residential integration; and (3) Legal challenges to inclusionary zoning. The challenge facing inclusionary ...
In Defense Of Disparate Impact: An Opportunity To Realize The Promise Of The Fair Housing Act, 2015 Howard University
In Defense Of Disparate Impact: An Opportunity To Realize The Promise Of The Fair Housing Act, Valerie Schneider
School of Law Faculty Publications
Twice in the past three years, the Supreme Court has granted certiorari in Fair Housing cases, and, each time, under pressure from civil rights leaders who feared that the Supreme Court might narrow current Fair Housing Act jurisprudence, the cases settled just weeks before oral argument. Settlements after the Supreme Court grants certiorari are extremely rare, and, in these cases, the settlements reflect a substantial fear among civil rights advocates that the Supreme Court’s recent decisions in cases such as Shelby County v. Holder and Fisher v. University of Texas are working to dismantle many of the protections ...
The Relationship Between Self-Determination And Client Outcomes Among The Homeless, 2015 California State University - San Bernardino
The Relationship Between Self-Determination And Client Outcomes Among The Homeless, Samuel M. Hanna
Electronic Theses, Projects, and Dissertations
This paper has attempted to determine if there is a significant relationship between self-determination and client outcomes among the homeless. The study has been based upon the conceptual framework set forth in Self-Determination Theory. The purpose of the study was to explore the relationship between self-determination and client outcomes among the homeless. Using a data collection instrument, based on empirically validated instrumentation, clients from several homeless service providers in the City of San Bernardino were assessed for the level of self-determination and autonomy support they experience within these agencies. Outcome measures included such things as whether the client was going ...
There Goes The Neighborhood: Exposing The Relationship Between Gentrification And Incarceration, 2015 San Jose State University
There Goes The Neighborhood: Exposing The Relationship Between Gentrification And Incarceration, Casey Kellogg
Themis: Research Journal of Justice Studies and Forensic Science
This paper seeks to demonstrate that there is a deliberate and intentional link between residential housing patterns and crime and mass incarceration, and that government plays a strong role in allowing and formalizing this link. Using historical examples, this paper attempts to document the role of government and policy in furthering residential segregation through the processes of gentrification and disinvestment. By contributing to the destruction of low-income communities and the invasion of gentry through covert partnerships with the private sector to develop land and design cities, government has prioritized commercial interests over the needs of the community at all income ...
Yes To Infill, No To Nuisance, 2015 Touro Law Center
Yes To Infill, No To Nuisance, Michael Lewyn
Michael E Lewyn
This article argues against the use of private nuisance suits to exclude apartments from residential neighborhoods, based on the public interest in affordable housing and walkable infill development.
¿Se Acabó El Fraude Inmobiliario Con La Ley N° 30313?, 2015 Universidad Nacional Mayor de San Marcos
¿Se Acabó El Fraude Inmobiliario Con La Ley N° 30313?, Julio Eduardo Pozo Sánchez
Julio Eduardo Pozo Sánchez
El autor comenta los aspectos más resaltantes de la oposición al procedimiento de inscripción registral y cancelación de asientos que, con ocasión de la falsificación de documentos o suplantación de identidad, ha introducido la reciente Ley N° 30313. Afirma que dicho trámite resulta inoficioso respecto a combatir, eficazmente, el fraude inmobiliario que siempre “lava la propiedad” con innumerables compraventas consecutivas. Además, incide, desde su posición, en la innecesaria e inútil modificación del artículo 2014 del Código Civil.
Canadian Mortgage Law And Prepayment Penalties, 2015 University of Toronto
Canadian Mortgage Law And Prepayment Penalties, Peter Spiro
Western Journal of Legal Studies
This article illustrates the imbalance of power between the mortgagor and mortgagee, which is particularly apparent for individual mortgagors. Prepayment and due on sale provisions are standard mortgage terms that contribute to this imbalance. Although these clauses purport to operate separately, in reality, both are frequently triggered by the sale of a property; the law of contract suggests that these provisions should not be enforceable. Relevant legislation is lacking in this area and should be reformed to provide more effective consumer protection while acknowledging that banks operate with the goal of maximizing business. A reasonable compromise would involve basing the ...
Tmi About Pmi: A Basic Guide To Private Mortgage Insurance, 2015 The John Marshall Law School
Tmi About Pmi: A Basic Guide To Private Mortgage Insurance, Marie Sarantakis
Purchasing a home for the first time can be an intimidating and overwhelming experience for the average consumer. In an economic downturn, Private Mortgage Insurance (PMI) is a commonly utilized mechanism that affords homebuyers the ability to purchase a residence with a minimal down payment while insulating the lender as the beneficiary of the policy. PMI is an often dreaded and misunderstood expense. This basic guide provides a rudimentary understanding of PMI for a real estate novice.
A Dangerous Disappearing Act: Preserving Affordable Housing In The Face Of Maturing Mortgages, 2015 Boston College Law School
A Dangerous Disappearing Act: Preserving Affordable Housing In The Face Of Maturing Mortgages, Kaitlin J. Brown
Boston College Journal of Law & Social Justice
By the year 2020, almost all of the affordable housing units created by Sections 221(d)(3) and 226 of the Housing Act of 1937 could disappear. These units were created in the late 1960s in an effort to draw more private equity to the affordable housing market. The federal government entered into contracts with developers, exchanging mortgage subsidies and insurance for affordability clauses in the developers’ mortgages that required a certain percentage of their developments be kept for affordable housing for the life of the mortgage. These mortgages were set for a term of forty years. The country is ...