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Articles 61 - 73 of 73
Full-Text Articles in Law
Redlining, Disinvestment And The Role Of Mutual Savings Banks: A Survey Of Solutions, Deborah A. Smith
Redlining, Disinvestment And The Role Of Mutual Savings Banks: A Survey Of Solutions, Deborah A. Smith
Fordham Urban Law Journal
In this Article, current federal and New York State laws and regulations pertaining to redlining and disinvestment are analyzed. In addition, the current problems facing the mutual savings market are discussed and their role in the mortgage market examined. Finally, proposals for future legislation to remedy the problems of redlining and disinvestment are discussed.
Municipal Law- Negligence- Failure Of Police To Provide Protection To The Holder Of Family Court Order Of Protection States A Valid Cause Of Action, Lauren Levey
Fordham Urban Law Journal
In defining family, it is possible to include a group home designed by the state to emulate a traditional family unit. This case examines the Group House of Port Washington, Inc. v. Board of Zoning and Appeals of the Town of North Hempstead.
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.
New Judicial Approaches To Maintaining Housing Quality In The Cities, Eugenia K. Manning
New Judicial Approaches To Maintaining Housing Quality In The Cities, Eugenia K. Manning
Fordham Urban Law Journal
Virtually every member of the urban community is a party to a landlord-tenant relationship. As the general tenor of urban life in America changes, so must the laws which govern the urban dweller. For years the doctrine of caveat emptor prevented the tenant from forcing the landlord to make necessary repairs or to retain the leased premises in a habitable condition. The doctrine of constructive eviction afforded him little relief; and housing and sanitation codes, while achieving a measure of success, were generally ineffective. Only when conditions because unbearable did the law protect him. Increasingly, however, the trend has been …
Comment: The New York City Housing Part: New Remedy For An Old Dilemma, Dennis E. Milton
Comment: The New York City Housing Part: New Remedy For An Old Dilemma, Dennis E. Milton
Fordham Urban Law Journal
This Comment describes the practical operation of the Housing Part of the Civil Court of the City of New York, which began its operation October 1, 1973. The jurisdiction of the court as well as the remedies and penalties provided in the enabling legislation are outlined. The duties of its personnel, settlement procedures, and the influence of administrative agencies upon the operation of the Housing Part are also examined, as are several cases affecting the operation of the Housing Part. The author concludes that there have been many beneficial effects from the first year of operation of the Housing Part, …
Neighborhood Preservation In New York City, Phillip Weitzman
Neighborhood Preservation In New York City, Phillip Weitzman
Fordham Urban Law Journal
The push to the suburbs, financed in large part by federal mortgage guarantees and highway construction moneys and bolstered by exclusionary zoning, has generated forces which tend to leave old urban neighborhoods in shambles. The syndrome of housing deterioration is well known. The dilemma of the deteriorating neighborhood is heightened in a city such as New York, where a large proportion of its population lives in old multiple family buildings. After almost forty years marked by a succession of programs designed to eliminate slums and blighted areas, New York City has concluded that its older neighborhoods must be protected from …
The New York City Housing Receivership And Community Management Programs, Mark Grossman
The New York City Housing Receivership And Community Management Programs, Mark Grossman
Fordham Urban Law Journal
Each year New York City landlords abandon buildings containing an estimated 10,000 apartments, forcing tenants to leave as the ownerless buildings plunge into decay. At least half of these buildings are structurally solid and might last several more decades if not abandoned. Most are found in areas where "problem" buildings- buildings which have a potential for abandonment- will most likely be found. New York City has instituted a number of programs for dealing with buildings which are headed toward abandonment. They include code-enforcement, emergency repair and receivership programs, foreclosure for nonpayment of property taxes, and rehabilitation programs involving municipal loans, …
Administrative Law- Practice And Procedure- Tenants Of A Public Housing Project Must Be Accorded Due Process Protections Before The Promulgation Of An Across-The-Board Rent Increase
Fordham Urban Law Journal
In June 1971, the chairman of the New Rochelle Housing Authority notified all tenants of a new $2.00 per room per month service charge and tenants instituted an action under section 1983 of the Civil Rights Act. The tenants asked the court to declare the charge invalid and enjoin the increase unless the tenants were first accorded a hearing. The US District Court for SDNY granted tenants summary judgment holding they had a due process right to notice and a hearing. The Court of Appeals for the Second Circuit modified this holding they had certain due process rights, their rights …
Civil Rights - Discrimination In Placement Of Low-Rent Housing- Statute's Requirement That Locality's Governing Body Agree To Cooperate With Hud Used As A Shield To Protect Suburbs From Integration By Low Income Blacks
Fordham Urban Law Journal
The constitutionality of certain sections of the National Housing Act that required a community to consent to the construction of federally assisted low income housing was challenged. The plaintiffs alleged that the consent requirement gave white suburbs the power to bar this construction resulting in limited low incoming housing offered in predominantly black areas. Plaintiffs proposed that a new agreement between the City of Cleveland and the Cuyahoga Metropolitan Housing Authority be reached that would better reflect low income housing needs. At trial, the court rejected the plaintiff's contentions and on remand, the court held that absent a rational basis, …
Pointing The Way To Housing Quality, Alexander Cooper, Michael Kwartler, Charles Reiss
Pointing The Way To Housing Quality, Alexander Cooper, Michael Kwartler, Charles Reiss
Fordham Urban Law Journal
This article highlights the Urban Design Council's goals of promoting the highest economically feasible standard of quality in residential housing and seeking to stimulate beneficial development in cities. The article describes the current zoning plan in effect in New York City, proposes new approaches to improve housing quality by exploring the elements of "quality" and zoning as a means of achieving such quality housing.
Comment: Consumerism’S Forgotten Man
Comment: Consumerism’S Forgotten Man
Fordham Urban Law Journal
This comment will analyze the Home Solicitation Sales Act in terms of the special needs of the low income consumer and will suggest an additional statutory approach to protect consumers of lower economic strata.
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.