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Full-Text Articles in Law
Land Use And Housing Policies To Reduce Concentrated Poverty And Racial Segregation, Myron Orfield
Land Use And Housing Policies To Reduce Concentrated Poverty And Racial Segregation, Myron Orfield
Fordham Urban Law Journal
This Article recommends that land use and housing policies be marshaled to reduce residential racial segregation and concentrated poverty. It argues secondly, that state legislatures must adopt a coordinated policy approach. This Article uses Oregon's comprehensive land use legislation as a paradigmatic example of policies that effectively promote affordable housing and decrease urban sprawl. Finally, the article discusses nine policies that the author believes are necessary to promote stable metropolitan living patterns.
Developments In Housing Law And Reasonable Accommodations For New York City Residents With Disabilities, John P. Herrion
Developments In Housing Law And Reasonable Accommodations For New York City Residents With Disabilities, John P. Herrion
Fordham Urban Law Journal
This Essay examines the New York Human Rights Law, which prohibits discrimination in the sale or rental of a housing accommodation and provides persons with disabilities the right to request and receive reasonable accommodations from their housing providers. The Essay concludes that the recent interpretation of this law by New York City Commission on Human Rights Law is a move toward protecting the rights of persons with disabilities and removing unnecessary discrimination from their lives.
Shattering The Myth Of Municipal Impotence: The Authority Of Local Government To Create Affordable Housing, John R. Nolon
Shattering The Myth Of Municipal Impotence: The Authority Of Local Government To Create Affordable Housing, John R. Nolon
Fordham Urban Law Journal
In the absence of any guidance from the legislature, local officials, in confronting the problem of affordable housing, look to the courts to define the extent of their responsibility and power. While not providing specific direction, the New York Court of Appeals has clearly outlawed zoning designed to exclude affordable housing. The judiciary has voiced doubts, however, that municipal governments can, through zoning alone, require the development of affordable housing. The view that municipalities lack such power is erroneous. Zoning alone is competent to induce such development. Furthermore, local governments have considerable additional power to induce the creation of such …
Illegal Lofts In New York City: Have The Equities Been Balanced, Jay Facciolo
Illegal Lofts In New York City: Have The Equities Been Balanced, Jay Facciolo
Fordham Urban Law Journal
In New York City today, tens of thousands of people,' primarily tenants, are illegally occupying lofts. These tenants have signed commercial leases, often long-term leases at rents far below the current market rate. The changing economics of loft buildings has led to serious conflicts between landlords and tenants. Landlords have sought to evict tenants before their leases expire, refused to renew their leases or demanded higher rental rates upon renewal. Tenants have withheld rent for extended periods. These conflicts have been taken to the courts, and legislation recently enacted in New York State attempts to resolve these issues for at …
"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 …
Examining Cooperative Conversion: An Analysis Of Recent New York Legislation, Robert M. Nelson
Examining Cooperative Conversion: An Analysis Of Recent New York Legislation, Robert M. Nelson
Fordham Urban Law Journal
New York City contains ninety-five percent of the cooperative housing units in the United States. While there are historical and social factors for this statistic, a specific factor is the New York State Legislature's support of conversion of residential real estate from rental to cooperative ownership. Specifically, the "Goodman-Grannis" bill provides a method whereby developers may convert residential rental housing in New York City to cooperative housing without obtaining an agreement to purchase a cooperative apartment from any of the existing tenants. Under this method, tenants who do not desire to purchase their apartments as cooperatives may remain in the …
Emergency Tenant Protection In New York: Ten Years Of Rent Stabilization, Diane Ungar
Emergency Tenant Protection In New York: Ten Years Of Rent Stabilization, Diane Ungar
Fordham Urban Law Journal
New York City's rent stabilization system was designed as an alternative to the rent control system. Rent stabilization looked to the owners for supervision as a way to benefit not only the system but tenants through an informed and experienced administration. Unfortunately, the system has had its fair share of shortcomings as rules have become technical, complex, and ill equipped to address the concerns of tenants. This comment examines the stabilization system's history and its current status. Though the current system has flaws, the flaws can be fixed and must be to protect NYC tenants and owners.
Leasehold Unconscionability: Caveat Lessor , Kevin J. Farrelly
Leasehold Unconscionability: Caveat Lessor , Kevin J. Farrelly
Fordham Urban Law Journal
This comment explores unconscionability in terms of leases for real property. In an attempt to protect tenants from overreaching landlords, leasehold unconscionability has slowly become a major tool in the arsenal for tenant protection. Forming and creating statutes that define what may shock the conscience is essential in expanding that protection. This comment looks to section 1.303 of the Uniform Residential Landlord Tenant Act and as well as New York Real Property law section 235-c to reveal the change from caveat lessee to caveat lessor.
Tenant Remedies For A Denial Of Essential Services And For Harassment -The New York Approach
Tenant Remedies For A Denial Of Essential Services And For Harassment -The New York Approach
Fordham Urban Law Journal
The New York Legislature has enacted a series of statutory remedies intended to afford tenants protection when a landlord fails to provide adequate services. The Legislature has been faced, however, with the problem of finding a proper balance between the property rights of the landlord and the human rights of the tenant. As a result, each of these remedies has severe shortcomings which render its operation difficult and at times virtually impossible.