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

Housing Law Commons

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

1,744 Full-Text Articles 1,403 Authors 988,863 Downloads 136 Institutions

All Articles in Housing Law

Faceted Search

1,744 full-text articles. Page 1 of 45.

The Rising Of Systemic Racism And Redlining In The United States Of America, Edward Brian Flournoy 2021 Walden University

The Rising Of Systemic Racism And Redlining In The United States Of America, Edward Brian Flournoy

Journal of Social Change

Systemic racism and redlining are synonymous with one another. This essay reviews the history of scholarly research and discussion regarding affordable housing and its impact on ethnic groups in the United States, especially Black African Americans. Affordable housing celebrated its 100th anniversary in 2017, yet much still needs to be done. Moreover, the U.S. Shipping Act of 1917 and Moving to Opportunity (MTO) Intervention Demonstration Program (1994–2009) are congruent to this essay.


Carrots Or Sticks?: Anti-Gentrification Mechanisms In Atlanta, Georgia And Berlin, Germany, Bailey Meyne 2021 University of Georgia School of Law

Carrots Or Sticks?: Anti-Gentrification Mechanisms In Atlanta, Georgia And Berlin, Germany, Bailey Meyne

Georgia Journal of International & Comparative Law

No abstract provided.


Olmstead As A Tool For Decarceration, Sarah Kahn 2021 University of California, Irvine School of Law

Olmstead As A Tool For Decarceration, Sarah Kahn

UC Irvine Law Review

Olmstead v. L.C. ex rel. Zimring established that the Americans with Disabilities Act of 1990’s integrated-care mandate requires the government to make reasonable accommodations to protect the right of people with disabilities to live in the most integrated setting possible. In response, counties began releasing people from restrictive mental-health institutions but did not provide the necessary resources, such as supportive housing and outpatient care, to allow people to live successfully in their communities. As many people contending with disabilities were left homeless and the United States increased its reliance on incarceration, shuttered mental-health institutions gave way to jails ...


Landlord Bounty Hunters: Qui Tam As An Effective Tool For Housing Code Enforcement, Alex Ellefson 2021 Brooklyn Law School

Landlord Bounty Hunters: Qui Tam As An Effective Tool For Housing Code Enforcement, Alex Ellefson

Journal of Law and Policy

Millions of American renters live in substandard housing. Conditions in these homes not only affect individual renters’ quality of life, but in the aggregate create enormous burdens on public resources in the form of higher healthcare costs, demand for public benefits, and lower economic productivity. Furthermore, the legacy of racist housing policies in the United States has concentrated poor housing conditions in low-income communities of color. This Note argues that existing methods of housing code enforcement are inadequate. Instead, housing advocates should turn to an ancient remedy that has been used to prosecute fraud, labor violations, and even pirates: qui ...


Remediating Racism For Rent: A Landlord’S Obligation Under The Fha, Mollie Krent 2021 University of Michigan Law School

Remediating Racism For Rent: A Landlord’S Obligation Under The Fha, Mollie Krent

Michigan Law Review

The Fair Housing Act (FHA) is an expansive and powerful piece of legislation that furthers equal housing in the United States by ferreting out discrimination in the housing market. While the power of the Act is well recognized by courts, the full contours of the FHA are still to be refined. In particular, it remains unsettled whether and when a landlord can be liable for tenant-on-tenant harassment. This Note argues, first, that the FHA does recognize liability in such a circumstance and, second, that a landlord should be subject to liability for her negligence in such a circumstance. Part I ...


Comment Of Professor Patricia A. Mccoy On Docket No. Cfpb-2021-0006, Patricia McCoy 2021 Boston College Law School

Comment Of Professor Patricia A. Mccoy On Docket No. Cfpb-2021-0006, Patricia Mccoy

Boston College Law School Faculty Papers

In this comment Professor McCoy responds to a proposed rule on protections for borrowers affected by the Covid-19 emergency under RESPA and Regulation X from the Consumer Financial Protection Bureau.


Redliking: When Redlining Goes Online, Allyson E. Gold 2021 William & Mary Law School

Redliking: When Redlining Goes Online, Allyson E. Gold

William & Mary Law Review

Airbnb’s structure, design, and algorithm create a website architecture that allows user discrimination to prevent minority hosts from realizing the same economic benefits from short-term rental platforms as White hosts, a phenomenon this Article refers to as “redliking.” For hosts with an unused home, a spare room, or an extra couch, Airbnb provides an opportunity to create new income streams and increase wealth. Airbnb encourages prospective guests to view host photographs, names, and personal information when considering potential accommodations, thereby inviting bias, both implicit and overt, to permeate transactions. This bias has financial consequences. Empirical research on host earning ...


Statistically Speaking: Restrictive Changes To Fair Housing Act Disparate Impact Liability, Mitchell E. Feldman 2021 Boston College Law School

Statistically Speaking: Restrictive Changes To Fair Housing Act Disparate Impact Liability, Mitchell E. Feldman

Boston College Law Review

Disparate impact liability, a theory for pleading discrimination allegations, has been an important tool in the battle for housing equity. Disparate impact claims, however, have undergone drastic changes since their inception in 1971. Most recently, the Department of Housing and Urban Development issued a final rule amending the pleading requirements for litigants alleging disparate impact housing claims. The new rule threatens to undermine the development of disparate impact claims under the Fair Housing Act (FHA) of 1968, which gives plaintiffs access to relief, specifically in cases of lending discrimination. This Note analyzes the rule in light of a seminal 2015 ...


Fair Housing And The Causation Standard After Comcast, Robert G. Schwemm 2021 Villanova University Charles Widger School of Law

Fair Housing And The Causation Standard After Comcast, Robert G. Schwemm

Villanova Law Review

No abstract provided.


Changing The Rule That Changes Nothing: Protecting Evicted Tenants By Amending Cleveland Housing Court Rule 6.13, James J. Scherer 2021 Cleveland-Marshall College of Law

Changing The Rule That Changes Nothing: Protecting Evicted Tenants By Amending Cleveland Housing Court Rule 6.13, James J. Scherer

Cleveland State Law Review

Renting is on the rise, with all households seeing an increase in the prevalence of renting a home versus owning one from 2006 to 2016. As rental rates rise, so too do the rates of eviction. The detrimental effects of eviction are numerous and can be self-reinforcing, with a single eviction decreasing one’s chances of securing decent and affordable housing, escaping disadvantaged neighborhoods, and benefiting from affordable housing programs. All this was before the coronavirus pandemic that devastated jobs and savings accounts across the nation.

One of the biggest impacts that eviction has on renters is a public court ...


Remote Court: Principles For Virtual Proceedings During The Covid-19 Pandemic And Beyond, Alicia L. Bannon, Douglas Keith 2021 Northwestern Pritzker School of Law

Remote Court: Principles For Virtual Proceedings During The Covid-19 Pandemic And Beyond, Alicia L. Bannon, Douglas Keith

Northwestern University Law Review

Across the country, courts at every level have relied on remote technology to adapt the justice system to a once-a-century global pandemic. This Essay describes and assesses this unprecedented journey into virtual justice, paying particular attention to eviction proceedings. While many judges have touted remote court as a revolutionary innovation, the reality is more complex. Remote court has brought substantial time savings and convenience to those who are able to access and use the required technology, but it has also posed hurdles to individuals on the other side of the digital divide, particularly self-represented litigants. The remote court experience has ...


The Canons Of Social And Economic Rights, Katharine G. Young 2021 Boston College Law School

The Canons Of Social And Economic Rights, Katharine G. Young

Boston College Law School Faculty Papers

Social and economic rights occupy an unsettled place in any global canon of constitutional democracy and human rights. This Article, appearing in a collection of Global Canons in an Age of Uncertainty (S. Choudhry, M. Hailbronner & M. Kumm, eds., OUP) recommends a contender for canonical status, at the same time as it problematizes the search. Insofar as the search for a canon reveals the boundaries of what may be considered exemplary claims of constitutional and democratic practice, the 2000 South African case of Republic of South Africa v. Grootboom is canonical for its treatment of social and economic rights. This ...


The Rental Crisis Will Not Be Televised: The Case For Protecting Tenants Under Consumer Protection Regimes, Eric Sirota 2021 Shriver Center on Poverty Law, Chicago, Illinois.

The Rental Crisis Will Not Be Televised: The Case For Protecting Tenants Under Consumer Protection Regimes, Eric Sirota

University of Michigan Journal of Law Reform

The Foreclosure Crisis of the 2000s has likely hurt renters more than homeowners. Incongruously, however, consumer enforcement agencies have been far more zealous in protecting mortgagors than tenants. This Article explores the under-protection of tenants as a class of consumers, particularly in a “commoditized” rental market, and examines how consumer enforcement agencies can more zealously incorporate tenant-protection into their mandates.

Much of the prior literature on the legal protections afforded tenants was published in the wake of the consumer rights revolution of the 1970s. This Article is the first to carefully reexamine, in the context of the modern rental market ...


Conflict Preemption: A Remedy For The Disparate Impact Of Crime-Free Nuisance Ordinances, Meredith Joseph 2021 University of Michigan Law School

Conflict Preemption: A Remedy For The Disparate Impact Of Crime-Free Nuisance Ordinances, Meredith Joseph

University of Michigan Journal of Law Reform

Thousands of municipalities across the country have adopted crime-free nuisance ordinances—laws that sanction landlords for their tenants’ behaviors, coercing them to evict tenants for actions as innocuous as calling 9-1-1 in an emergency. These facially neutral ordinances give wide discretion to municipal officials, leading to discriminatory enforcement of evictions. As a result, these ordinances have a devastating impact on victims of domestic violence and are used as a tool to inhibit integration in majority-white municipalities. Many plaintiffs have brought lawsuits alleging violations of the U.S. Constitution and the Fair Housing Act. However, bringing lawsuits under various anti-discrimination protections ...


God Is My Roommate? Tax Exemptions For Parsonages Yesterday, Today, And (If Constitutional) Tomorrow, Samuel D. Brunson 2021 Loyola University Chicago, School of Law

God Is My Roommate? Tax Exemptions For Parsonages Yesterday, Today, And (If Constitutional) Tomorrow, Samuel D. Brunson

Indiana Law Journal

In 2019, the Seventh Circuit decided an Establishment Clause question that had been percolating through the courts for two decades. It held that the parsonage allowance, which permits “ministers of the gospel” to receive an untaxed housing allowance, does not violate the Establishment Clause of the Constitution. It grounded its conclusion in part on the “historical significance” test the Supreme Court established in its Town of Greece v. Galloway decision.

In coming to that conclusion, the Seventh Circuit cited a 200-year unbroken history of property tax exemptions for religious property. According to the Seventh Circuit, that history demonstrated that both ...


The Zoning Straitjacket: The Freezing Of American Neighborhoods Of Single-Family Houses, Robert Ellickson 2021 Yale University

The Zoning Straitjacket: The Freezing Of American Neighborhoods Of Single-Family Houses, Robert Ellickson

Indiana Law Journal

Municipal zoning practices profoundly shape urban life in the United States. In regions such as Silicon Valley, regulatory barriers to residential construction have helped raise house prices to roughly ten times the national median. These astronomic prices have prompted some households to move to places, such as Texas, where housing is far cheaper. I have been engaged in an empirical study of zoning practices in Silicon Valley, Greater New Haven, and Greater Austin. This Article presents one of my central findings, induced from those metropolitan areas and elsewhere: local zoning politics typically freezes land uses in an established neighborhood of ...


Reconciling Joint Tenancies With Writs Of Seizure And Sale, Alvin W. L. SEE 2021 Singapore Management University

Reconciling Joint Tenancies With Writs Of Seizure And Sale, Alvin W. L. See

Research Collection School Of Law

This article examines the use of the writ of seizure and sale as a method of execution against a joint tenant’s interest in land and how it is to be reconciled with established principles of co-ownership law, in particular the fundamental distinction between a joint tenancy and a tenancy in common.


Not My Problem? Landlord Liability For Tenant-On-Tenant Harassment, Aric Short 2021 Texas A&M University School of Law

Not My Problem? Landlord Liability For Tenant-On-Tenant Harassment, Aric Short

Faculty Scholarship

Tenant-on-tenant harassment because of a victim’s race, gender, or other protected status, is a severe and increasingly widespread problem often targeting vulnerable tenants. The creation of a hostile housing environment violates the federal Fair Housing Act (FHA), and victims may recover from their abusers, whether they are landlords or fellow tenants. But plaintiffs in two recent FHA lawsuits sought recovery from their landlords for something different: their landlords’ failure to intervene in and stop harassment committed by other tenants. These suits raise novel and important questions about the scope of the FHA, but the two courts disagreed about how ...


Stratégie Foncière Et Immobilière Au Maroc, Recomposition Territoriale Et Rapport À La Production Du Logement « Abordable » Quelles Perspectives Pour Agadir ?, Mohamed Ben Attou 2021 Faculté des Lettres et des Sciences Humaines, Univérsité Ibn Zohr, Agadir, Maroc

Stratégie Foncière Et Immobilière Au Maroc, Recomposition Territoriale Et Rapport À La Production Du Logement « Abordable » Quelles Perspectives Pour Agadir ?, Mohamed Ben Attou

Dirassat

Recent investment in housing programmes exerted great pressure on land capital so as to accommodate demographic urbanization. The public policies of the strategic planning of urbanization overlook issues of sustainability and land equity. Besides, speculations have tainted most practices associated with the land market and manipulated the mechanisms of demand and supply so that investors and stakeholders make wealth out of housing programs. Morocco managed to increase GDP per capita , however there are still many challenges to live up to namely those of draught and sustainability. The land market claims agricultural land uncontrollably to cater for a inexhaustible urbanization demand ...


Fair Housing’S Third Act: American Tragedy Or Triumph?, Heather R. Abraham 2021 University at Buffalo School of Law

Fair Housing’S Third Act: American Tragedy Or Triumph?, Heather R. Abraham

Journal Articles

Fifty-two years ago, Congress enacted a one-of-a-kind civil rights directive. It requires every federal agency—and state and local grantees by extension—to take affirmative steps to undo segregation. In 2020, this overlooked Fair Housing Act provision—the “affirmatively furthering fair housing” or “AFFH” mandate—has heightened relevance. Perhaps most visible is Donald Trump’s racially charged “protect the suburbs” campaign rhetoric. In an apparent appeal to suburban constituents, his administration repealed a race-conscious fair housing rule, replacing it with a no-questions-asked regulation that elevates “local control” above civil rights.

The maneuver is especially stark as protesters fill the streets ...


Digital Commons powered by bepress