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Zoning As Taxidermy: Neighborhood Conservation Districts And The Regulation Of Aesthetics, Anika S. Lemar 2015 Yale Law School

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 ...


Symposium: Legal Issues And Urbanization In Developing Countries-Foreward, Georgia Journal of International and Comparative Law 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, Valentina Gastaldo 2015 Università di Parma

Edilizia Residenziale Convenzionata E Fallimento Della Cooperativa Concessionaria, Valentina Gastaldo

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, Charles M. Lamb Ph.D. 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, Lauren C. Wittlin 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.


Maximizing Inclusionary Zoning’S Contributions To Both Affordable Housing And Residential Integration, Tim Iglesias 2015 University of San Francisco, School of Law

Maximizing Inclusionary Zoning’S Contributions To Both Affordable Housing And Residential Integration, Tim Iglesias

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 ...


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 2015 John Marshall Law School

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.


In Defense Of Disparate Impact: An Opportunity To Realize The Promise Of The Fair Housing Act, Valerie Schneider 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

Abstract:

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, Samuel M. Hanna 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, Casey Kellogg 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 ...


Canadian Mortgage Law And Prepayment Penalties, Peter Spiro 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, Marie Sarantakis 2015 The John Marshall Law School

Tmi About Pmi: A Basic Guide To Private Mortgage Insurance, Marie Sarantakis

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, Kaitlin J. Brown 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 ...


Mortgage Foreclosure In Buckhead, Terika L. Haynes 2015 Dr. Terika L. Haynes

Mortgage Foreclosure In Buckhead, Terika L. Haynes

Terika L Haynes

The purpose of the quantitative ex post facto study was to determine whether a relationship exists between home occupancy type, purchase price, residency duration, and the incidence of mortgage foreclosure of homeowners residing in single-family residential homes in the eight zip codes (30305, 30309, 30318, 30319, 30324, 30326, 30327, and 30342) within the Buckhead community, a high-income community located in Atlanta, Georgia. The possible relationships were explored and evaluated by conducting an archival analysis to examine the Georgia Public Notice Statewide Database of public foreclosure records, Fulton County Property Assessor records, and Fulton County tax data for 2009. The occupancy ...


The Future Of Foreclosure Law In The Wake Of The Great Housing Crisis Of 2007-2014, Judy Fox 2015 Notre Dame Law School

The Future Of Foreclosure Law In The Wake Of The Great Housing Crisis Of 2007-2014, Judy Fox

Journal Articles

As 2014 came to an end so, perhaps, did the worst foreclosure crisis in U.S. history. On January 15, 2015, RealityTrac, one of the nation’s leading reporters of housing data, declared the foreclosure crisis had ended. Whether or not their declaration proves true, the aftermath of the crisis will be felt for years to come. During the crisis it is estimated more than five million families lost their homes to foreclosure. Federal, state and local responses to the crisis changed laws and perceptions regarding foreclosure. Despite these changes, we end the crisis much the way we began -- with ...


What’S Hud Got To Do With It?: How Hud’S Disparate Impact Rule May Save The Fair Housing Act’S Disparate Impact Standard, William F. Fuller 2015 Fordham University School of Law

What’S Hud Got To Do With It?: How Hud’S Disparate Impact Rule May Save The Fair Housing Act’S Disparate Impact Standard, William F. Fuller

Fordham Law Review

Since 2011, the U.S. Supreme Court has granted certiorari three times on the question of whether disparate impact liability is cognizable under the Fair Housing Act (FHA). The first two times, the parties settled. The question is before the Court once again in Texas Department of Housing & Community Affairs v. Inclusive Communities Project, Inc., and this time the parties seem unlikely to settle.

Disparate impact liability in the civil rights context entails liability for actions that have a discriminatory effect, regardless of an actor’s motive. Under the FHA, this can translate into liability for actions that make housing ...


A Guide To New York State Commercial Landlord-Tenant Law And Procedure—Part Ii, Gerald Lebovits 2015 Columbia, Fordham & NYU Law Schools

A Guide To New York State Commercial Landlord-Tenant Law And Procedure—Part Ii, Gerald Lebovits

Gerald Lebovits

No abstract provided.


Economic Hazards Of Environmental Justice For Lower-Income Housing Tenants, Anu Paulose 2015 College of William & Mary Law School

Economic Hazards Of Environmental Justice For Lower-Income Housing Tenants, Anu Paulose

William & Mary Environmental Law and Policy Review

No abstract provided.


A Guide To New York State Commercial Landlord-Tenant Law And Procedure—Part I, Gerald Lebovits 2015 Columbia, Fordham & NYU Law Schools

A Guide To New York State Commercial Landlord-Tenant Law And Procedure—Part I, Gerald Lebovits

Gerald Lebovits

No abstract provided.


For Goodness’ Sake: A Two-Part Proposal For Remedying The U.S. Charity/Justice Imbalance, Fran Quigley 2015 Indiana University --Indianapolis

For Goodness’ Sake: A Two-Part Proposal For Remedying The U.S. Charity/Justice Imbalance, Fran Quigley

Fran Quigley

The U.S. approach to addressing economic and social needs strongly favors individual and corporate charity over the establishment and enforcement of economic and social rights. This charity/justice imbalance has a severely negative impact on the nation’s poor, who despite the overall U.S. wealth struggle with inadequate access to healthcare, housing, and nutrition. This article suggests a two-part approach for remedying the charity/justice imbalance in the U.S.: First, the U.S. should eliminate the charitable tax deduction, a policy creation that does not effectively address economic and social needs, forces an inequitable poverty relief and ...


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