Housing Law Commons^™

New Urbanism: Urban Development And Ethnic Integration In Europe And The United States, James A. Kushner

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Where Left Meets Right: A Case Study Of Class-Based Economic Discrimination Through Zoning In Salisbury, Maryland, Robin R. Cockey

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

The Housing Element: How Can Its Adequacy Be Measured? , Nina E. West, James C. Schroeder

Pepperdine Law Review

No abstract provided.

California Planning Law: Requirements For Low And Moderate Income Housing , C. Foster Knight

Pepperdine Law Review

No abstract provided.

Title I Of The 1974 Housing And Community Development Act And Its Impact On Local Communities, Edward E. Haworth

Pepperdine Law Review

No abstract provided.

Providing Low And Moderate Income Housing In The Suburbs, Stephen L. Taber

Pepperdine Law Review

No abstract provided.

The Landlord's Tort Liability For Injuries Caused By Defects Upon The Demised Premises , Michael K. Mckibbin

Pepperdine Law Review

No abstract provided.

Sheltering Counsel: Towards A Right To A Lawyer In Eviction Proceedings, Raymond H. Brescia

Touro Law Review

This Article provides an overview of the current arguments presented by advocates who seek to establish a right to counsel for indigent tenants in eviction proceedings and assesses the strength of those arguments in the current political, social, and economic milieu. It is beyond question that the overwhelming majority of low-income tenants are unrepresented in proceedings in which their homes are in jeopardy and having counsel in such proceedings often prevents eviction and homelessness. Preventing those evictions reduces the human cost of homelessness, saves government substantial money by not having to provide shelter to the homeless, and preserves the stock ...

Panel Discussion: International, National, And Local Perspectives On Civil Right To Counsel, Andrew Scherer, Martha F. Davis, Debra Gardner, Rosie Mendez, Juanita B. Newton, Adriene Holder, Laura K. Abel

Touro Law Review

The following is based on a transcript of a panel discussion which took place at An Obvious Truth: Creating an Action Blueprint for a Civil Right to Counsel in New York State, held at Touro Law Center, Central Islip, New York, in March, 2008.

Toward A Right To Counsel In Civil Cases In New York State: A Report Of The New York State Bar Association, Laura K. Abel

Touro Law Review

No abstract provided.

Now Ucc Me, Now You Don't: The Massachusetts Supreme Judicial Court Ignores The Ucc In Requiring Unity Of Note And Mortgage For Foreclosure In Eaton V. Fannie Mae, Christopher Cifrino

Boston College Law Review

On June 22, 2012, in Eaton v. Federal National Mortgage Association, the Supreme Judicial Court of Massachusetts upheld a trial court ruling and held that an entity must hold both note and mortgage in order to foreclose properly. Because this represented a significant shift in Massachusetts foreclosure law, the court applied its ruling only prospectively. To support its holding, the court relied on common law and statutory justifications. In so doing, the court did not address pertinent sections of the Uniform Commercial Code (UCC) that could have led to the same outcome. This Comment argues that examining the UCC in ...

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.

Certainty Of Title: Perspectives After The Mortgage Foreclosure Crisis On The Essential Function Of Effective Recording Systems, Donald J. Kochan

Donald J. Kochan

Recording systems for property play a pivotal, market-facilitating role for the players engaged in any transaction, the judiciary that must resolve disputes between the players, and others members of the general public by informing each about the true nature of ownership of the real property things in the world. This symposium article explores the essential character of such systems in providing certainty of title, and takes a tour through the mortgage foreclosure crisis to see where adherence to and respect for these systems’ roles broke down.

Leading up to the crisis, as securitization became vogue and the housing boom blurred ...

Legal Australia-Wide Survey: Legal Need In Australia, Christine Coumarelos Dr, Deborah Macourt, Julie People, Hugh M. Mcdonald, Zhigang Wei, Reiny Iriana, Stephanie Ramsey

Access to Justice

This report is one in a series of nine that provides the initial findings of a national survey of legal needs — the LAW Survey. The series consists of a report on Australia as a whole and a report on each state/territory.

The LAW Survey deals with key questions that go to the heart of understanding the legal and access to justice needs of the community, and how to address these needs. It assesses the prevalence of legal problems across the community, and the vulnerability of different demographic groups to different types of legal problems. It examines the various adverse ...

Competition And Crisis In Mortgage Securitization, Michael Simkovic

Indiana Law Journal

U.S. policy makers often treat market competition as a panacea. However, in the case of mortgage securitization, policy makers’ faith in competition is misplaced. Competitive mortgage securitization has been tried three times in U.S. history— during the 1880s, the 1920s, and the 2000s—and every time it has collapsed. Most recently, competition between mortgage securitizers led to a race to the bottom on mortgage underwriting standards that ended in the late 2000s financial crisis. This Article provides original evidence that when competition was less intense and securitizers had more buyer power, securitizers acted to monitor mortgage originators and ...

The Real Estate Brokerage Industry And Antitrust Implications, Lynn H. Mack, Valerie A. Moore

Pepperdine Law Review

No abstract provided.

A Positive Response To Growth Control Plans: The Orange County Inclusionary Housing Program, Linda J. Bozung

Pepperdine Law Review

Affordable housing programs have been enacted throughout the state in response to the current critical housing shortage. They serve an essential function as an element of community growth control plans. This article focuses on the success of the Orange County affordable housing program. By utilizing a variety of means, such as density bonus plans, flexible regulations, and deed restrictions, the County has developed a plan which is not only successful but may also serve as a model for other local governments.

The Legality Of California Development Fees, Erik B. Michelsen

Pepperdine Law Review

No abstract provided.

Equal Protection And The New Rational Basis Test: The Mentally Retarded Are Not Second Class Citizens In Cleburne, Gordon W. Johnson

Pepperdine Law Review

Recently, the Fifth Circuit held that classifications involving the mentally retarded were quasi-suspect and should be reviewed under a heightened scrutiny analysis. The Supreme Court reversed that holding but granted the retarded a remedy by applying a more genuine scrutiny under the rational basis test. The Court's decision in City of Cleburne, Texas v. Cleburne Living Center, Inc. raises the question whether the Court intends to apply an increased level of scrutiny under the rational basis test or whether this case merely represents another ad hoc decision made on the horns of a dilemma. This Note discusses the uncertain ...

Consumerism And Land Sales , Leonard Levin

Pepperdine Law Review

No abstract provided.