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"Not In My Neighborhood:" Legal Challenges To The Establishment Of Community Residences For The Mentally Disabled In New York State, Robert L. Schonfeld
"Not In My Neighborhood:" Legal Challenges To The Establishment Of Community Residences For The Mentally Disabled In New York State, Robert L. Schonfeld
Fordham Urban Law Journal
This Article examines the laws and lawsuits which have affected the establishment of community residences for the mentally disabled in New York State. First, the Article traces the history of community residences prior to the enactment of the Padavan Law in 1978. Thereafter, this Article analyzes the statute to determine whether its procedures and interpretations by courts have been consistent with the drafters' stated intentions. In addition to examining the statutory procedures, this Article considers issues of zoning, the statute's constitutionality, the standing of neighbors and neighborhood groups to challenge community residence sites, and the effect of restrictive covenants on …
The Effect Of Title I Of The 1949 Federal Housing Act On New York City Cooperative And Condominium Conversion Plans, Steven C. Forest
The Effect Of Title I Of The 1949 Federal Housing Act On New York City Cooperative And Condominium Conversion Plans, Steven C. Forest
Fordham Urban Law Journal
In 1985, three Manhattan housing projects were in litigation to convert the units from rental to condominiums or cooperative ownership. However, each project's redevelopment agreement, consistent with Title I of the 1949 Federal Housing Act, required that "no change" be made without consent of the City Planning Commission and the Board of Estimates of the City. This Note analyzes whether the conversion of rental units built under Title I to ownership units constitutes a "change" as interpreted by the New York courts. The interpretation of the term "change" under the Title I redevelopment agreements will be analyzed from both the …