Housing Law Commons^™

Impact Fees And Housing Affordability: A Guidebook, Julian Juergensmeyer, A. Nelson

Julian C. Juergensmeyer

Impact fees are one-time charges applied to new development. Impact fees are a form of land-use regulation designed to assure that communities maintain adequate levels of public facilities in the face of growth. The resulting revenue generated for the construction or expansion of new facilities is coincidental to their land-use regulatory (i.e. police power) purpose. Were it not for growth many communities would have adequate public facilities and often if growth is at a manageable pace adequate public facilities can be provided concurrent with the impacts of growth. To assure adequate public facilities, impact fees are assessed and dedicated principally …

Convocatoria A Junta De Propietarios En Caso De Acefalia... Un (Nuevo Y) Acertado Criterio, Julio Eduardo Pozo Sánchez

Julio Eduardo Pozo Sánchez

En un reciente pronunciamiento, el Tribunal Registral señaló que el presidente cuyo mandato ha fenecido se encuentra legitimado para convocar a sesión de junta de propietarios con la finalidad de elegir al nuevo presidente. El autor considera que resulta importante y adecuado haber fijado tal criterio interpretativo, que siempre debió primar a nivel de registradores públicos, pese a no existir norma que expresamente lo contemple.

Collateral Damage: A Public Housing Consequence Of The “War On Drugs”, Lahny R. Silva

UC Irvine Law Review

No abstract provided.

Dealing With Dirty Deeds: Matching Nemo Dat Preferences With Property Law Pragmatism, Donald J. Kochan

Donald J. Kochan

Paradoxes, Parallels And Fictions: The Case For Landlord Tort Liability Under The Revised Uniform Residential Landlord-Tenant Act, Shelby D. Green

Hamline Law Review

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Section 1983 Cases In The October 2004 Term, Martin A. Schwartz

Martin A. Schwartz

No abstract provided.

Rent Certainty Is Not Rent Control, Tom Dunne

Reports

The housing crisis and the debate about rent control should result in a beneficial change to the regulation of the sector but the opportunity could be lost for want of clarity of thinking about the nature of rent certainty and the distinction between it and rent control. At present rent is regulated by the Residential Tenancies Act 2004 (RTA 2004) which provides that rent can only change once a year and cannot be more than the market rent. Many argue a greater degree of rent certainty is required and that rent should not be allowed to increase by more than …

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 as …

Occupying The Constitutional Right To Housing, Lisa T. Alexander

Faculty Scholarship

The United States does not recognize a formal legal right to housing. Yet, the right to housing is alive in America. Using qualitative interviews and case studies, this Article is the first to argue that recent American housing rights movements, such as the Occupy Movements, Take Back the Land movements, and Home Defenders’ League, give legal meaning to an American constitutional right to housing. These social movements represent the right to housing in American law when they occupy and retain vacant and real estate–owned homes, defend home owners and renters from illegal evictions and foreclosures, encourage municipalities to use eminent …

Housing Law Training, Alan Minuskin

Alan D. Minuskin

Dismissing Provenance: The Use Of Procedural Defenses To Bar Claims In Nazi-Looted Art And Securitized Mortgage Litigation, Christian J. Bromley

Christian J Bromley

The litigation surrounding an estimated 650,000 works looted by the Nazis in the Second World War and the millions of securitized mortgages foreclosed in the wake of the Great Recession converge on a fundamental legal principle: who really holds rightful title? Seemingly worlds apart, these separate yet remarkably similar forms of property challenge the American judiciary to allocate property rights between adversaries steadfast in their contention of rightful ownership. The legal fulcrum in this allocation often rests not on the equity or righteousness of either parties’ claim—whether museum versus heir or bank versus former homeowner—but instead on procedural defenses that …

California Supreme Court Unanimously Upholds Inclusionary Zoning As Land Use Regulation And Not An Exaction, Tim Iglesias

Tim Iglesias

Local governments, housing advocates, and people who need affordable housing won a solid victory in the California Supreme Court's unanimous opinion in California Bldg. Indus. Ass'n v. City of San Jose. In a complex 64-page opinion that is clearly drafted and rigorously argued, the court held that inclusionary zoning is a constitutionally permissible strategy to produce affordable housing and to promote economic integration that is subject to rational basis review and not heightened scrutiny.

This article outlines the factual and legal background of the case and discusses the court's reasoning in reaching its decision, including the court's refusal to find …

Response Brief And Opening Brief Of The Intervening Respondents/Cross-Petitioners, Ho V. Fung, Docket Nos. 08-1763 & 08-2159, 569 F.3d 677 (Seventh Circuit Court Of Appeals 2009), J. Damian Ortiz

J. Damian Ortiz

No abstract provided.

Response/Reply Brief Of Appellants/Cross-Appellees, Jacob Scoggins V. Lee's Crossing Homeowners, 718 F.3d 262, Docket No. 11-02202 (Seventh Circuit Court Of Appeals 2013), J. Damian Ortiz

J. Damian Ortiz

No abstract provided.

Petition For Review Docketed With Proof Of Service, Bracken V. Hud, Docket No. 11-03538 (Seventh Circuit Court Of Appeals 2011), J. Damian Ortiz

J. Damian Ortiz

No abstract provided.

Complaint, Perea Et Al. V. Granville Terrace Mutual Ownership Trust Et Al., Docket No. 1:14-Cv-08032 (Northern District Of Illinois 2014), J. Damian Ortiz

J. Damian Ortiz

No abstract provided.

Brief Of Amicus Curiae The John Marshall Law School Fair Housing Legal Support Center In Support Of Reversal Of The Panel's Decision, Wisconsin Community Service, Inc. V. City Of Milwaukee, Docket No. 04-1966, 465 F.3d 737 (Seventh Circuit Court Of Appeals 2006), Michael P. Seng, F. Willis Caruso, J. Damian Ortiz

J. Damian Ortiz

No abstract provided.

Second Amended Complaint, Gilbert V. Thorndale Beach North Condominium Assoc., Docket No. 1:03-Cv-07844 (Northern District Of Illinois Nov 04, 2003), F. Willis Caruso, J. Damian Ortiz

J. Damian Ortiz

No abstract provided.

Common Law Petition For Writ Of Certiorari, Beasley V. Chicago Commission On Human Relations & Betts Realty (Cook County 2015), J. Damian Ortiz

J. Damian Ortiz

No abstract provided.

A National Landlord-Tenant Relations Act: A Legislative Proposal For The 1970'S, D. Richard Froelke

Akron Law Review

While education and employment are significant aspects of poverty law in this country, the focus of this paper is on housing in general and the recent development of tenant unions in particular. Specifically, the author proposes as a phase of a nationally developed program of housing for the 1970's the enactment of a federal National Landlord-Tenant Relations Act. Several thorough and thoughtful articles have recently been written' in which the vehicle of tenant unionization has been discussed and analyzed. Part II will briefly set forth the historical background of the tenant union concept. Part III will examine the case for …