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

Housing Law Commons

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

1,504 Full-Text Articles 1,144 Authors 669,594 Downloads 122 Institutions

All Articles in Housing Law

Faceted Search

1,504 full-text articles. Page 7 of 38.

The Housing Market Cannot Fully Recover Without A Robust Rental Policy, Michael A. Stegman 2017 Bipartisan Policy Center

The Housing Market Cannot Fully Recover Without A Robust Rental Policy, Michael A. Stegman

Boston College Journal of Law & Social Justice

There is no one explanation for why access to mortgage credit remains so tight this far into the housing recovery, nor is there a consensus on why our national homeownership rate has fallen to a fifty-year low, but one thing is clear: the homeownership and rental markets are two sides of the same coin. As such, policymakers must understand that pressures and problems in one have implications for the other. As we disentangle and address the interwoven causes of our credit access and homeownership challenges, we do have a set of affordable rental policies and programs, proven effective and informed ...


Out Of House And Home: The Disparate Application Of Louisiana’S Eviction Laws To Mobile Home Owners, Jared A. Clark 2017 Louisiana State University Law Center

Out Of House And Home: The Disparate Application Of Louisiana’S Eviction Laws To Mobile Home Owners, Jared A. Clark

Louisiana Law Review

The article focuses on the mobile home eviction laws in Louisiana and discusses disparate application of Louisiana's eviction laws to mobile home owners, background on mobile homes and the demographics of the people who own these homes; and problems caused by these laws to mobile home owners.


The Civil Asset Forfeiture Program An Analysis Of The Actual Use, Racial Subjectivity, And Unfairness To Lower Earning Individuals, Nicholas Schieber 2017 La Salle University

The Civil Asset Forfeiture Program An Analysis Of The Actual Use, Racial Subjectivity, And Unfairness To Lower Earning Individuals, Nicholas Schieber

Economic Crime Forensics Capstones

Being able to seize property without a criminal conviction has become a hot button topic in periodical and academic papers. The Civil Asset Forfeiture program gave law enforcement the ability to seize “guilty” property, which can be defined as contraband, proceeds from criminal activity, or tools and instrumentalities used in the commission of a crime, without a criminal conviction on the part of the owner. Numerous academic authors and journalists have called for reform, racial unfairness, and targeting of lower earning communities. However, the majority of data regarding the Civil Asset Forfeiture program is qualitative in nature with few quantitative ...


Living Tiny Legally, James G. Rollin 2017 James Madison University

Living Tiny Legally, James G. Rollin

Senior Honors Projects, 2010-current

Over the last 40 years, the average new United States house has increased in size by more than 1,000 square feet, from an average size of 1,660 square feet in 1973 (earliest year available from the Census Bureau) to 2,687 square feet last year (Perry, 2016). In that same time period, there was a 91% increase in home square footage per inhabitant and a decrease in average household size. According to the U.S. Census Bureau, the average home in the United States costs approximately $358,000 to build, an increase of roughly $200,000 since 1998 ...


I Share, Therefore It's Mine, Donald J. Kochan 2017 Chapman University School of Law

I Share, Therefore It's Mine, Donald J. Kochan

Donald J. Kochan

Uniquely interconnecting lessons from law, psychology, and economics, this article aims to provide a more enriched understanding of what it means to “share” property in the sharing economy. It explains that there is an “ownership prerequisite” to the sharing of property, drawing in part from the findings of research in the psychology of child development to show when and why children start to share. They do so only after developing what psychologists call “ownership understanding.” What the psychological research reveals, then, is that the property system is well suited to create recognizable and enforceable ownership norms that include the rights ...


The Missouri Student Transfer Program, Howard E. Fields III 2017 University Missouri - St. Louis

The Missouri Student Transfer Program, Howard E. Fields Iii

Dissertations

In 1993, the state of Missouri passed the Outstanding Schools Act. This law was created as a means to ensure that “all children will have quality educational opportunities, regardless of where in Missouri they live.” Section 167.131 of this law states that an unaccredited district must pay the tuition and transportation cost for students who attend an accredited school in the same or adjoining district. This portion of the law became known as the Student Transfer Program.

The Riverview Gardens School District (RGSD) was one of three unaccredited school districts in the state of Missouri in 2013. With close ...


Housing For The Elderly - 202 Program, Richard M. Millman 2017 St. John's University School of Law

Housing For The Elderly - 202 Program, Richard M. Millman

The Catholic Lawyer

No abstract provided.


Evicted: The Socio-Legal Case For The Right To Housing, Lisa T. Alexander 2017 Texas A&M University School of Law

Evicted: The Socio-Legal Case For The Right To Housing, Lisa T. Alexander

Lisa T. Alexander

Matthew Desmond's Evicted: Poverty and Profit in the American City is a triumphant work that provides the missing socio-legal data needed to prove why America should recognize housing as a human right. Desmond's masterful study of the effect of evictions on Milwaukee's urban poor in the wake of the 2008 U.S. housing crisis humanizes the evicted, and their landlords, through rich and detailed ethnographies. His intimate portrayals teach Evicted's readers about the agonizingly difficult choices that low-income, unsubsidized tenants must make in the private rental market. Evicted also reveals the contradictions between "law on the ...


Barriers To Housing Equality For The Lgbt Community: A Literature Review, Carissa Lavin 2017 Georgia State University

Barriers To Housing Equality For The Lgbt Community: A Literature Review, Carissa Lavin

Georgia State Undergraduate Research Conference

No abstract provided.


Of Asthma And Ashtrays: Examining The Rights Of And Exploring Ways To Protect Maine Tenants Living In Multi-Unit Rental Housing Who Are Involuntarily Exposed To Secondhand Tobacco Smoke In Their Homes, Amy K. Olfene 2017 University of Maine School of Law

Of Asthma And Ashtrays: Examining The Rights Of And Exploring Ways To Protect Maine Tenants Living In Multi-Unit Rental Housing Who Are Involuntarily Exposed To Secondhand Tobacco Smoke In Their Homes, Amy K. Olfene

Maine Law Review

Toxins found in tobacco smoke are deadly, and there is no safe level of exposure. Secondhand smoke contains over 7,000 chemicals, 69 of which are known to cause cancer in humans. In fact, the U.S. Environmental Protection Agency (“EPA”) has declared secondhand tobacco smoke a Group A carcinogen, a rating “reserved for those compounds or mixtures which have been shown to cause cancer in humans, based on studies in human populations.” Exposure to tobacco smoke can cause a number of diseases and ailments in both smokers and nonsmokers; in addition, such exposure can exacerbate existing illnesses. In the ...


Embracing Airbnb: How Cities Can Champion Private Property Rights Without Compromising The Health And Welfare Of The Community, Emily M. Speier 2017 Pepperdine University

Embracing Airbnb: How Cities Can Champion Private Property Rights Without Compromising The Health And Welfare Of The Community, Emily M. Speier

Pepperdine Law Review

Peer-to-peer services offer participants considerable advantages whether they are a provider of such services or a user of them. The Airbnb phenomenon is an example of how technological advancement has transformed the rental industry and has signaled a societal acceptance of a sharing economy. However, the question now is to what extent cities should regulate this influx of short-term rentals while still preserving the property rights of homeowners. Much of the answer to this question depends on each city’s individual interpretation of specific areas of the law. Some legal issues raised by regulation and explored by this article include ...


A Narrowing Of Section 1983 Claims: How Gonzaga Has Limited Recovery For Victims Of Lead Poisoning In Federal Court, Anna Snook 2017 Boston College Law School

A Narrowing Of Section 1983 Claims: How Gonzaga Has Limited Recovery For Victims Of Lead Poisoning In Federal Court, Anna Snook

Boston College Environmental Affairs Law Review

Dellita Johnson brought a claim against the City of Detroit on behalf of her minor son, asserting that her son sustained lead poisoning from the public housing unit in which they lived. She brought claims under 42 U.S.C. § 1983 for the deprivation of federal rights created under provisions of the United States Housing Act, the Lead-Based Paint Poisoning Prevention Act, and administrative regulations created under those statutes. The United States Court of Appeals for the Sixth Circuit affirmed the District Court’s dismissal of Ms. Johnson’s claims, holding that the applicable provisions of the United States Housing ...


Priority Of Condominium Associations’ Assessment Liens Vis–À–Vis Mortgages: Navigating In The Super-Priority Lien Jurisdictions, Aušra Gaigalaitė 2017 Seattle University School of Law

Priority Of Condominium Associations’ Assessment Liens Vis–À–Vis Mortgages: Navigating In The Super-Priority Lien Jurisdictions, Aušra Gaigalaitė

Seattle University Law Review

This Note will discuss the issues concerning laws regulating lien priority in association foreclosure sales and argue that lenders, because they are in the best position to do so, should implement proactive strategies to protect their interests in association foreclosures. Part I provides an overview of uniform law development and a history of Washington’s governing laws with a focus on recent problems relating to association lien priority. Part II presents analysis of the important court decisions applying the lien priority statute and discussion regarding current and proposed Washington law. Finally, Part III discusses potential solutions lenders should implement to ...


Exploiting The Poor: Housing, Markets, And Vulnerability, Ezra Rosser 2017 American University Washington College of Law

Exploiting The Poor: Housing, Markets, And Vulnerability, Ezra Rosser

Articles in Law Reviews & Other Academic Journals

Matthew Desmond provocatively claims that landlords exploit poor tenants in his Pulitzer Prize winning book, Evicted: Poverty and Profit in the American City (2016). This essay celebrates Desmond's work and explores the exploitation claim, focusing on how landlords deliberately exploit vulnerable tenants and on forms of market-based exploitation.


An Invisible Crisis In Plain Sight: The Emergence Of The "Eviction Economy," Its Causes, And The Possibilities For Reform In Legal Regulation And Education, David A. Dana 2017 Northwestern University School of Law

An Invisible Crisis In Plain Sight: The Emergence Of The "Eviction Economy," Its Causes, And The Possibilities For Reform In Legal Regulation And Education, David A. Dana

Michigan Law Review

Review of Evicted: Poverty and Profit in the American City by Matthew Desmond.


Rights And Queues: On Distributive Contests In The Modern State, Katharine G. Young 2017 Boston College Law School

Rights And Queues: On Distributive Contests In The Modern State, Katharine G. Young

Katharine G. Young

Two legal concepts have become fundamental to questions of resource allocation in the modern state: rights and queues. As rights are increasingly recognized in areas such as housing, health care, or immigration law, so too are queues used to administer access to the goods, services, or opportunities that realize such rights, especially in conditions of scarcity. This Article is the first to analyze the concept of queues (or temporal waiting lines or lists) and their ambivalent, interdependent relation with rights. After showing the conceptual tension between rights and queues, the Article argues that queues and “queue talk” present a unique ...


Foreclosure Diversion And Mediation In The States, Alan M. White 2017 CUNY School of Law

Foreclosure Diversion And Mediation In The States, Alan M. White

Georgia State University Law Review

The recent mortgage foreclosure crisis, whose economic effects are well known, transformed state legal structures governing the mortgage foreclosure process. What had been a relatively routine system of default judgments and auction sales has evolved into a negotiation and workout practice in which homeowners contest foreclosures, demand loan modifications and short sales, and propose other alternatives to foreclosures.

A profusion of state laws and court orders were adopted between 2008 and 2014 with the aim of promoting negotiated foreclosure alternatives. These laws have produced a variety of experiments in the “laboratories of democracy.” The defaults—whether home loans are renegotiated ...


Dussault V. Rre Coach Lantern Holdings, Llc: Does The Maine Human Rights Act Recognize Disparate Impact Liability For Claims Of Housing Discrimination Brought By Section 8 Recipients Under Maine Law?, Ari B. Solotoff 2017 University of Maine School of Law

Dussault V. Rre Coach Lantern Holdings, Llc: Does The Maine Human Rights Act Recognize Disparate Impact Liability For Claims Of Housing Discrimination Brought By Section 8 Recipients Under Maine Law?, Ari B. Solotoff

Maine Law Review

In Dussault v. RRE Coach Lantern Holdings, LLC, Nicole Dussault filed a complaint with the Maine Humane Rights commission (Commission) alleging a claim of unlawful housing discrimination. Dussault asserted that when RRE Coach Lantern Holdings, LLC and Resource Real Estate Management, Inc. (collectively, Coach Lantern) refused to include a federal Section 8 Housing Choice Voucher Program tenancy addendum in her apartment lease, Coach Lantern discriminated against her because her status as a public assistance recipient. Following an investigation and hearing, the Commission unanimously concluded that there were reasonable grounds for a belief of unlawful housing discrimination. Dussault then brought suit ...


Forgotten Youth: Homeless Lgbt Youth Of Color And The Runaway And Homeless Youth Act, Michelle Page 2017 Northwestern Pritzker School of Law

Forgotten Youth: Homeless Lgbt Youth Of Color And The Runaway And Homeless Youth Act, Michelle Page

Northwestern Journal of Law & Social Policy

Over the years, the rate of youth homelessness in America has steadily risen, prompting the creation and subsequent revision of corrective policies. One such policy is the Runaway and Homeless Youth Act of 1974. The Act is not a cure-all for homelessness but it does provide services and programs specifically designed to aid homeless youth. It has had some success, but not all homeless youth benefit from it equally.

Obviously, the youth population is not a homogenous one. Youth are of varying ages, races, genders, and sexualities. Unfortunately, the Runaway and Homeless Youth Act does not specifically account for these ...


Putting Exclusionary Zoning In Its Place: Affordable Housing And Geographical Scale, Christopher Serkin, Leslie Wellington 2017 Vanderbilt Law School

Putting Exclusionary Zoning In Its Place: Affordable Housing And Geographical Scale, Christopher Serkin, Leslie Wellington

Christopher Serkin

No abstract provided.


Digital Commons powered by bepress