Housing Law Commons^™

Embedded Property, Douglas C. Harris

All Faculty Publications

The institution of property arises in the tension between autonomy and community. It serves not simply to demarcate spaces of individual control and authority, but also to balance individual with collective interests. Private property and common property emphasize individual and collective interests, respectively, but the bifurcation may not be as stark as it appears. Condominium constructs separate titles to individual units, and these private interests are carefully mapped in a constituting plan that marks their boundaries. Democratic rights, usually conveyed in the form of shares in a condominium corporation, are the third element of ownership within condominium. The analysis reveals …

Bringing Judaism Downtown: A Smart Growth Policy For Orthodox Jews, Michael Lewyn

Scholarly Works

Until the late 20th century, the most rigorously traditional Jews, haredi Jews (often referred to as “ultra-Orthodox”) tended to congregate in New York City. But as New York became more expensive and haredi population grew due to high birth rates, some haredi Jews (known collectively as “haredim”) moved to small towns and outer suburbs in search of cheaper land, sometimes creating towns dominated by haredim such as Kiryas Joel, New York and Lakewood, New Jersey. As haredi populations have continued to grow, their households now seek undeveloped land outside these enclaves. But as haredim move deeper into the countryside, zoning …

Downtown Condos For The Rich: Not All Bad, Michael Lewyn

Scholarly Works

Some new condominiums in urban neighborhoods are too expensive for anyone but the very wealthy. Buyers of these high-cost units include not only wealthy city residents, but also nonresidents who wish to use housing as an investment rather than a residence. Some commentators use this apparent fact as an argument against new market-rate housing generally; they claim that new housing will be purchased by out-of-town investors rather than used by local residents and that those investors will leave housing units empty, rather than renting them out. A related argument is that, even if market-rate condos are purchased by local residents, …

The Limits Of Equity, Michael Lewyn

Scholarly Works

"Equity" is a common buzzword in urban planning circles. However, nearly any land use decision can be justified as more equitable than the alternatives.

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

Law Faculty Scholarly Articles

The Supreme Court last term held in the Comcast case that “but-for” causation must be shown by plaintiffs under the 1866 Civil Rights Act’s § 1981 and also announced that this standard is the default position presumed to govern all other federal civil rights statutes. This Article deals with how Comcast’s but-for presumption applies to fair housing cases.

The answer is complicated, because these cases are often brought under multiple laws. For example, a Black applicant who is rejected by an apartment complex ostensibly for having inadequate income, but who believes this decision was racially motivated because the complex …

A Crisis Within A Crisis: Nyc Landlords Ramp Up Harassment Of Vulnerable Tenants In Wake Of Pandemic, Joseph A. Jungermann Iii

Capstones

Already burdened with more sickness and death during the pandemic than other New Yorkers, low-income tenants and tenants of color are particularly vulnerable to additional harassment by landlords who seek to take advantage of the city's health and financial crisis to force them out. Brooklyn residents Delene Ahye, Dexter Lendor and Sonny Singh tell stories of their landlord, landlord agents and building manager’s harassment, which began during the pandemic’s most dangerous spikes in New York City. These forms of harassment included intimidation, abusive construction, constant buyout offers and biometrics and surveillance technology.

Link to capstone project: https://joseph-jungermann.medium.com/a-crisis-within-a-crisis-nyc-landlords-ramp-up-harassment-of-vulnerable-tenants-in-wake-of-e09d67968208

Law School News: Mike Andrews '97 Nominated To U.S. Court Of Federal Claims 12-15-2020, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

Injustice Is An Underlying Condition, Yael Cannon

Georgetown Law Faculty Publications and Other Works

Race, poverty, and zip code serve as critical determinants of a person's health. Research showed the links between these factors and poor health and mortality before COVID-19, and they have only been amplified during this pandemic.

People of color experience higher rates of asthma, heart disease, diabetes, and other chronic conditions. People of color who live in poverty are even more likely to suffer from poor health; they face a “double burden” of health disparities associated with both racial and socioeconomic marginalization. Neighborhoods with concentrated poverty and with residents who are primarily people of color have even faced a life …

Homeless And Helpless: How The United States Has Failed Those With Severe And Persistent Mental Illness, Ashley Gorfido

Journal of Law and Health

The United States has failed its citizens who suffer from severe and persistent mental illness (SPMI). Homelessness is one of the most obvious manifestations of this failure. The combination of a lack of effective treatment, inadequate entitlement programs such as Social Security Disability Insurance (SSDI), and subpar housing options form systemic barriers that prevent people suffering from mental illness from being able to obtain adequate housing. Cultural beliefs within the United States regarding who is homeless and what homelessness means also play a significant role in the development of positively impactful social welfare programs.

Part II of this Note reviews …

Fha Sexual Harassment Claims: Title Vii Applications And Departures Through Caselaw And Hud’S 2016 Rule, Brittany Urness

Brigham Young University Journal of Public Law

No abstract provided.

Enough Is As Good As A Feast, Noah C. Chauvin

Seattle University Law Review

Ipse Dixit, the podcast on legal scholarship, provides a valuable service to the legal community and particularly to the legal academy. The podcast’s hosts skillfully interview guests about their legal and law-related scholarship, helping those guests communicate their ideas clearly and concisely. In this review essay, I argue that Ipse Dixit has made a major contribution to legal scholarship by demonstrating in its interview episodes that law review articles are neither the only nor the best way of communicating scholarly ideas. This contribution should be considered “scholarship,” because one of the primary goals of scholarship is to communicate new ideas.

Prerogative And Legislator Vetoes, Elliot Louthen

Northwestern University Law Review

Prerogative is the devolution of power to a single legislator over decisions in her district. In cities with a prerogative regime, when the city council votes on an issue or an administrative agency makes a decision concerning a specific district, decision-makers defer to that district’s legislator. This deference gives the legislator exclusive executive authority over her district. In Chicago and Philadelphia, legislators have infamously wielded prerogative and tied the practice to corruption. But in addition to corruption, prerogative gives rise to another, more pernicious issue. When applied to decisions related to affordable housing, prerogative perpetuates racial segregation through legislator vetoes. …

Boards In Information Governance, Faith Stevelman, Sarah C. Haan

Articles & Chapters

No abstract provided.

Shelter Mobility, And The Voucher Program, Ezra Rosser

Articles in Law Reviews & Other Academic Journals

What is to be done about the poor and about poor neighborhoods? When it comes to housing policy, the current hope is that the Housing Choice Voucher Program (formerly the Section 8 Voucher Program) can provide an or ambitiously the answer to this perennial societal question. By piggybacking on the private rental market, the voucher program supposedly has numerous advantages over traditional, project-based, public housing. Not only is it less costly to house poor people in privately owned units compared to the cost of constructing and maintaining public housing, but the voucher program also offers the possibility of deconcentrating the …

The Never-Ending Grasp Of The Prison Walls: Banning The Box On Housing Applications, Ashley De La Garza

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

Racial Segregation In West Virginia Housing, 1929-1971, Nathan Tauger

West Virginia Law Review

No abstract provided.

We Must Avoid A Repeat Of The Battle Between Upper West Siders And Homeless New Yorkers, Adam Herbst

Other Publications

This post originally appeared in https://www.gothamgazette.com/opinion/9700-homeless-new-yorkers-upper-west-side-supportive-housing?fbclid=IwAR0HFnh3PKjSUG36wtz91PdM-IjDyHMYxDZvcd02qpQQAZEg2CDNeQHOGOs

Housing Stability And Diabetes Among People Living In New York City Public Housing, Sungwoo Lim, Sze Yan Liu, Melanie H. Jacobson, Eugenie Poirot, Aldo Crossa, Sean Locke, Jennifer Brite, Elizabeth Hamby, Zinzi Bailey, Stephanie Farquhar

Department of Public Health Scholarship and Creative Works

Public housing provides affordable housing and, potentially, housing stability for low-income families. Housing stability may be associated with lower incidence or prevalence and better management of a range of health conditions through many mechanisms. We aimed to test the hypotheses that public housing residency is associated with both housing stability and reduced risk of diabetes incidence, and the relationship between public housing and diabetes risk varies by levels of housing stability. Using 2004-16 World Trade Center Health Registry data, we compared outcomes (housing stability measured by sequence analysis of addresses, self-reported diabetes diagnoses) between 730 New York City public housing …

Kofifi/Covfefe: How The Costumes Of "Sophiatown" Bring 1950s South Africa To Western Massachusetts In 2020, Emma Hollows

Masters Theses

This thesis paper reflects upon the costume design process taken by Emma Hollows to produce a realist production of the Junction Avenue Theatre Company’s musical Sophiatown at the Augusta Savage Gallery at the University of Massachusetts in May 2020. Sophiatown follows a household forcibly removed from their homes by the Native Resettlement Act of 1954 amid apartheid in South Africa. The paper discusses her attempts as a costume designer to strike a balance between replicating history and making artistic changes for theatre, while always striving to create believable characters.