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Rights And Queues: On Distributive Contests In The Modern State, Katharine G. Young 2017 Boston College Law School

Rights And Queues: On Distributive Contests In The Modern State, Katharine G. Young

Katharine G. Young

Two legal concepts have become fundamental to questions of resource allocation in the modern state: rights and queues. As rights are increasingly recognized in areas such as housing, health care, or immigration law, so too are queues used to administer access to the goods, services, or opportunities that realize such rights, especially in conditions of scarcity. This Article is the first to analyze the concept of queues (or temporal waiting lines or lists) and their ambivalent, interdependent relation with rights. After showing the conceptual tension between rights and queues, the Article argues that queues and “queue talk” present a unique ...


Proving Disparate Impact In Fair Housing Cases After Inclusive Communities, Robert G. Schwemm, Calvin Bradford 2017 University of Kentucky College of Law

Proving Disparate Impact In Fair Housing Cases After Inclusive Communities, Robert G. Schwemm, Calvin Bradford

Robert G. Schwemm

Disparate-impact claims under the federal Fair Housing Act (“FHA”) are now a well-established part of housing discrimination law, having been recognized for decades by the lower courts and recently endorsed by the Supreme Court in Texas Department of Housing & Community Affairs v. Inclusive Communities Project, Inc. The Court in Inclusive Communities saw the impact theory as a way of bolstering the FHA’s “role in moving the Nation toward a more integrated society,” but it also set forth certain “cautionary standards” to guard against “abusive” impact claims. Under these standards, which are similar to those adopted in a 2013 HUD regulation and those long used in Title VII employment discrimination cases, a FHA-impact plaintiff must prove that a defendant’s challenged policy causes a disparate impact on a racial minority or other FHA-protected group, and then, if the defendant establishes a legitimate interest for its policy, the plaintiff may still prevail by showing that a less discriminatory alternative would serve this interest.

In the first stage, Inclusive Communities instructs courts to “examine with care” the plaintiff’s proof in order to facilitate the “prompt resolution” of FHA-impact claims before trial. But, apart from the analogy to Title VII, neither Inclusive Communities nor HUD has provided any guidance for determining what such evidence should entail. Furthermore, lower-court decisions in FHA-impact cases before Inclusive Communities rarely followed the Title VII methodology and often used inconsistent techniques in evaluating the relevant data. This Article provides the guidance needed for evaluating a plaintiff’s proof in this crucial prima-facie-case stage of a FHA-impact claim.

The Article first reviews the law governing proof in disparate-impact cases and identifies the data sets available to establish disparate impact in FHA cases. It then shows how these legal principles and available data should be used in the most frequently pursued types of FHA-impact claims, i.e., those involving a landlord’s screening devices and those challenging a municipality’s restrictions on affordable housing.

Implicit throughout the discussion are two themes: (1) that certain approaches to proving disparate impact in FHA cases are problematic; and (2) that, given the correct legal and statistical principles and the data available, certain types of housing-impact claims may be harder to prove than others. Based on these insights, the Article shows that the promise of Inclusive Communities—that FHA-based impact claims may help break down arbitrary barriers to a more integrated society—will take some serious effort to fulfill.


Dussault V. Rre Coach Lantern Holdings, Llc: Does Maine Recognize Disparate Impact Liability For Claims Of Housing Discrimination Brought By Section 8 Recipients Under Maine Law?, Ari B. Solotoff 2017 University of Maine School of Law

Dussault V. Rre Coach Lantern Holdings, Llc: Does Maine Recognize Disparate Impact Liability For Claims Of Housing Discrimination Brought By Section 8 Recipients Under Maine Law?, Ari B. Solotoff

Maine Law Review

In Dussault v. RRE Coach Lantern Holdings, LLC, Nicole Dussault filed a complaint with the Maine Humane Rights commission (Commission) alleging a claim of unlawful housing discrimination. Dussault asserted that when RRE Coach Lantern Holdings, LLC and Resource Real Estate Management, Inc. (collectively, Coach Lantern) refused to include a federal Section 8 Housing Choice Voucher Program tenancy addendum in her apartment lease, Coach Lantern discriminated against her because her status as a public assistance recipient. Following an investigation and hearing, the Commission unanimously concluded that there were reasonable grounds for a belief of unlawful housing discrimination. Dussault then brought suit ...


Forgotten Youth: Homeless Lgbt Youth Of Color And The Runaway And Homeless Youth Act, Michelle Page 2017 Northwestern University School of Law

Forgotten Youth: Homeless Lgbt Youth Of Color And The Runaway And Homeless Youth Act, Michelle Page

Northwestern Journal of Law & Social Policy

Over the years, the rate of youth homelessness in America has steadily risen, prompting the creation and subsequent revision of corrective policies. One such policy is the Runaway and Homeless Youth Act of 1974. The Act is not a cure-all for homelessness but it does provide services and programs specifically designed to aid homeless youth. It has had some success, but not all homeless youth benefit from it equally.

Obviously, the youth population is not a homogenous one. Youth are of varying ages, races, genders, and sexualities. Unfortunately, the Runaway and Homeless Youth Act does not specifically account for these ...


Putting Exclusionary Zoning In Its Place: Affordable Housing And Geographical Scale, Christopher Serkin, Leslie Wellington 2017 Vanderbilt Law School

Putting Exclusionary Zoning In Its Place: Affordable Housing And Geographical Scale, Christopher Serkin, Leslie Wellington

Christopher Serkin

No abstract provided.


Protecting Urban Spaces Of Intangible Cultural Heritage And Nighttime Community Subcultural Wealth: A Comparison Of International And National Strategies, The Agent Of Change Principle, And Creative Placekeeping, Sara Ross 2017 York University, Osgoode Hall Law School

Protecting Urban Spaces Of Intangible Cultural Heritage And Nighttime Community Subcultural Wealth: A Comparison Of International And National Strategies, The Agent Of Change Principle, And Creative Placekeeping, Sara Ross

Western Journal of Legal Studies

Working towards an equality of differences of a city’s diverse cultures and subcultures requires an examination of the realities of how municipal and provincial legal frameworks governing the city space—such as urban planning policies, zoning decisions, and bylaw enforcement—play out within the microcosm of the everyday neighborhood, where conflicting life patterns must coexist even when they are at odds. Drawing on an urban legal anthropology and urban legal geography methodology assessing the realities of the life of subcultural communities in the city space, this paper’s objective is to explore potential paths towards an equitable regard and ...


The Finney County, Kansas Community Assessment Process: Fact Book, Debra J. Bolton PhD, Shannon L. Dick M.S. 2017 Kansas State University

The Finney County, Kansas Community Assessment Process: Fact Book, Debra J. Bolton Phd, Shannon L. Dick M.S.

Dr. Debra Bolton

This multi-lingual/multi-cultural study was called, Community Assets Processt, by the groups that “commissioned” it: Finnup Foundation, Finney County K-State Research & Extension, Western Kansas Community Foundation, Finney County United Way, Finney County Health Department, United Methodist Community Health Center (UMMAM), Center for Children and Families, Garden City Recreation Commission, and the Garden City Cultural Relations Board, because we intend for this to be an ongoing discussion. An objective, for those promoting the study, was to connect foundation, state, and federal funding with activities or services that addressed the true needs of people living in Finney County. The group was looking for data that would offer insights on ways to address the needs of diverse audiences through human services agencies, County Extension, the schools, churches, and other entities working with community members of Finney County. Initially, an online survey was sent to directors of Finney County’s human service organization/agencies and schools. Directors were asked what sorts of data were required to help them quantify the needs of their client/customer bases. It was from those responses that the committee designed the survey instrument. The objective of the resulting survey instrument was to gather data that would: Identify resources available in Finney County (a Minority-majority county) Identify services needed in the community Capture information regarding well-being of people in Finney County Feature General Demographic (gender, age, race/ethnicity, education, household income) Length of years lived in Finney County Primary and secondary languages spoken at home (the survey was conducted in four (4) languages) Educational needs Health questions (insurance, health conditions, mental health, medical care, etc.) Social and health needs; and Questions to measure community engagement and social involvement Target individuals and groups of varying ages, socio-economic backgrounds, ethnic backgrounds, and religious affiliations. Target survey respondents 18 years or older Keep survey respondents’ identities confidential since the study was approved by Kansas State University’s Institutional Review Board for compliance in Research with Human Subjects. Data were gathered from about 1% of Finney County’s population through surveys and focus groups conducted in four languages better to understand the ...


Rental Home Sweet Home: The Disparate Impact Solution For Renters Evicted From Residential Foreclosures, David Lurie 2016 Northwestern Pritzker School of Law

Rental Home Sweet Home: The Disparate Impact Solution For Renters Evicted From Residential Foreclosures, David Lurie

Northwestern University Law Review

At the end of the last decade, a drastic spike in residential foreclosures brought unprecedented attention to the damage that mass foreclosure often brings to primarily low-income, minority–majority communities. Much of this attention—in both the media and in the legal arena—has been devoted to homeowners disadvantaged by predatory loans and other unsavory practices. However, a recent body of scholarship has shown that the brunt of mass foreclosure often falls on renters, who often have little or no procedural protection from speedy and unexpected eviction from their homes, regardless of lease status or tenure. This Note argues that ...


Zoning’S Centennial: A Complete Account Of The Evolution Of Zoning Into A Robust System Of Land Use Law—1916-2016 (Part Iii), John R. Nolon 2016 Pace University School of Law

Zoning’S Centennial: A Complete Account Of The Evolution Of Zoning Into A Robust System Of Land Use Law—1916-2016 (Part Iii), John R. Nolon

Pace Law Faculty Publications

In land use, there are two things that Americans dislike: one is sprawl, the other is density. This catch-22 can be resolved by mitigating those aspects of urban living associated with density: congestion, bulky buildings, sameness, design incongruities, unsafe streets, inefficiency, and the sense that neighborhoods are not livable and pleasant. These characteristics of density cut against sustainability. They define places that people want to leave as soon as they can. To reduce vehicle miles travelled and carbon emissions, as well as to prevent sprawl, we must create places of enduring value, located next to transit in walkable and sustainable ...


Now Is The Time!: Challenging Resegregation And Displacement In The Age Of Hypergentrification, Bethany Y. Li 2016 Greater Boston Legal Services

Now Is The Time!: Challenging Resegregation And Displacement In The Age Of Hypergentrification, Bethany Y. Li

Fordham Law Review

Gentrification is reaching a tipping point of resegregating urban space in global cities like New York and San Francisco, often spurred by seemingly neutral government policies. The displacement resulting from gentrification forces low-income people from their homes into areas of concentrated poverty. Low-income communities consequently lose space, place, social capital, and cultural wealth that residents and small businesses have spent decades building up. This Article argues that communities at this tipping point must integrate litigation strategies directly aimed at stemming the adverse impacts of gentrification. Community organizing is integral to antidisplacement efforts, but litigation—and its injunctive powers—should play ...


New York Residential Landlord-Tenant Law And Procedure─2016-2017 (9th Ed. 2016)., Gerald Lebovits 2016 Columbia, Fordham & NYU Law Schools

New York Residential Landlord-Tenant Law And Procedure─2016-2017 (9th Ed. 2016)., Gerald Lebovits

Gerald Lebovits

No abstract provided.


Just, Smart: Civil Rights Protections And Market-Sensitive Vacant Property Strategies, James J. Kelly Jr. 2016 Notre Dame Law School

Just, Smart: Civil Rights Protections And Market-Sensitive Vacant Property Strategies, James J. Kelly Jr.

James J. Kelly Jr.

This essay, prepared for and published by the Center for Community Progress, a national, non-profit intermediary dedicated to developing effective, sustainable solutions to turn vacant, abandoned and problem properties into vibrant places, examines the legal and normative implications of local governments' use of neighborhood real estate market data to strategically focus vacant property remediation tools. I and other writers, such as Frank Alexander, Alan Mallach and Joseph Schilling, have argued for the importance of understanding the economic feasibility of market-based rehabilitation of derelict, vacant houses in making decisions as to how and when to use a variety of code enforcement ...


Note: Anti-Discrimination Legislation In Housing, 2016 St. John's University School of Law

Note: Anti-Discrimination Legislation In Housing

The Catholic Lawyer

No abstract provided.


Book Review: Desire And Disaster In New Orleans: Tourism, Race And Historical Memory By Lynnell L. Thomas, Casey Schreiber 2016 Dillard University

Book Review: Desire And Disaster In New Orleans: Tourism, Race And Historical Memory By Lynnell L. Thomas, Casey Schreiber

Trotter Review

Desire and Disaster in New Orleans: Tourism, Race and Historical Memory, by Lynnell L. Thomas, challenges the racial messages embedded within dominant tourism narratives in New Orleans. From tour guides, to websites, to travel brochures, Thomas extracts and analyzes a variety of messages to document how competing representations of race—desire and disaster—are two frames through which New Orleans tourism narratives represent black culture. Thomas leads readers to question the extent to which alternative tourism narratives can be constructed to more justly address constructions of blackness.


Uncovering The Buried Truth In Richmond: Former Confederate Capital Tries To Memorialize Its Shameful History Of Slavery, Howard Manly 2016 Bay State Banner

Uncovering The Buried Truth In Richmond: Former Confederate Capital Tries To Memorialize Its Shameful History Of Slavery, Howard Manly

Trotter Review

Richmond Mayor Dwight C. Jones had the noblest of intentions.

With Virginia’s capital having a poverty rate of nearly 25 percent, no one blamed Jones, a child of the sixties and preacher by calling, for trying to develop prime riverfront property to generate revenue to create more jobs, better schools, and housing.

But when Jones unveiled a proposal in 2013 that included building a new baseball stadium near one of the city’s historic slave burial grounds in Shockoe Bottom, it was, by all accounts, troubling to historic preservationists and Black community activists. “Shameful” was one of the words ...


Communities Of Opportunity: Pursuing A Housing Policy Agenda To Achieve Equity And Opportunity In The Face Of Post-Recession Challenges, Kalima Rose, Teddy Kỳ-Nam Miller 2016 PolicyLink Center for Infrastructure Equity

Communities Of Opportunity: Pursuing A Housing Policy Agenda To Achieve Equity And Opportunity In The Face Of Post-Recession Challenges, Kalima Rose, Teddy Kỳ-Nam Miller

Trotter Review

Where we live directly impacts our ability to achieve our full potential. Access to good schools, quality jobs, reliable transportation, and healthy food is fundamental to achieving communities of opportunity. Unfortunately, communities of color, and urban black communities in particular, are disproportionately residing in neighborhoods locked out of opportunity, or disproportionately burdened by housing costs —spending over half of their income on housing. In 2015, PolicyLink undertook a research project to understand the changing post-recession housing landscape, to characterize the forces that were undermining housing security for communities of color, and to characterize the policy opportunities that could address the ...


Gentrification As Anti-Local Economic Development: The Case Of Boston, Massachusetts, James Jennings 2016 Tufts University

Gentrification As Anti-Local Economic Development: The Case Of Boston, Massachusetts, James Jennings

Trotter Review

Activists and political leaders across the city of Boston are concerned that gentrification in the form of rapidly rising rents in low-income and the poorest areas are contributing to displacement of families and children. Rising home sale prices and an increasing number of development projects are feeding into this concern. There is also a growing wariness about the impact that this scenario can have on small and neighborhood-based businesses and microenterprises whose markets are represented by the kinds of households facing potential displacement. This potential side-effect suggests that gentrification could actually emerge as anti-local economic development in Boston. It can ...


From Disinvestment To Displacement: Gentrification And Jamaica Plain’S Hyde-Jackson Squares, Jen Douglas 2016 University of Massachusetts Boston

From Disinvestment To Displacement: Gentrification And Jamaica Plain’S Hyde-Jackson Squares, Jen Douglas

Trotter Review

In this essay, I offer a place-based history of socioeconomic and demographic change in Hyde Square and nearby Jackson Square (henceforth “Hyde-Jackson Squares”). I document the area’s ongoing gentrification and describe the distribution of gentrification pressures. I situate this contemporary process against the socio-spatial patterns carved out by the area’s historical rise as an industrial suburb, its struggle amid decades of disinvestment, and the community efforts that ultimately stabilized the neighborhood. In these sequential transformations is the story of how Latinos and Blacks entered, departed, and have strived to remain in the neighborhood.


Introduction: The Gentrification Game, Barbara Lewis 2016 University of Massachusetts Boston

Introduction: The Gentrification Game, Barbara Lewis

Trotter Review

In real estate talk, there are only three things that matter, and they are location, location, location. The same is true in dispossession, which translates into the freeing up of location so that it can be possessed by others. Another term that has cropped up fairly recently, much in use in the crossover between the twentieth and twenty-first centuries, is gentrification, which has a benign face as well as one that is not so kindly, like the paired tragic and comic masks of classic drama.

In this issue of the Trotter Review, we explore gentrification and its alternate, dispossession, through ...


The Politics Of Race, Class, And Gentrification In The Atl, Keith Jennings 2016 Howard University

The Politics Of Race, Class, And Gentrification In The Atl, Keith Jennings

Trotter Review

Methodologically, the essay uses a multidisciplinary approach to examine gentrification from a race, class, and gender perspective. Within the essay a number of the dynamics directly associated with Atlanta’s political economy and the impact those dynamics are having on issues such as affordable housing, poverty, and Black employment and underemployment are analyzed. While not a central focus of the essay, the changes taking place outside of Atlanta in several counties, as a result of the push and pull effect in the metropolitan region, are briefly discussed.


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