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The Meaning And Nature Of Property: Homeownership And Shared Equity In The Context Of Poverty, Michael R. Diamond Jan 2009

The Meaning And Nature Of Property: Homeownership And Shared Equity In The Context Of Poverty, Michael R. Diamond

Georgetown Law Faculty Publications and Other Works

While a Blackstonian view of property envisaged a “despotic dominion” of an owner over a thing, property has never been so absolute. In fact, as I argue in this paper, the nature of property has been culturally constructed and property means different thinks across cultures and even over time within the same culture. The question of the nature of property was highlighted for me when a student questioned whether equity limitations placed on homes purchased by low income buyers using subsidized public financing created a “second class” form of homeownership. In attempting to answer this question, I examined the ideas …


Affordable Housing And The Conflict Of Competing Goods: A Policy Dilemma, Michael R. Diamond Jan 2009

Affordable Housing And The Conflict Of Competing Goods: A Policy Dilemma, Michael R. Diamond

Georgetown Law Faculty Publications and Other Works

This paper, which was the keynote address at a conference on Affordable Housing and Pubic Private Partnerships at the University of Colorado Law School, is designed to point out the conflicts between various competing social “goods” in relation to the provision of affordable housing. In a world of finite resources in which competing goods cannot both be maximized at the same time, when the goods are incommensurable, how ought a society choose among them? The paper focuses on such issues as preservation of affordable housing and wealth creation; affordability and handicapped accessibility or green development. It examines various methods of …


Another Model Of Low Income Housing Tax Credit Development: Building Housing And Building Capacity, Michael R. Diamond Jan 2009

Another Model Of Low Income Housing Tax Credit Development: Building Housing And Building Capacity, Michael R. Diamond

Georgetown Law Faculty Publications and Other Works

This paper was first delivered at a conference on Affordable Housing and Pubic Private Partnerships at the University of Colorado Law School. It addresses the creation of community institutions able to acquire and wield power in the affordable housing realm. While this ability has generally been associat4ed with buildings purchased and operated by tenant groups, the paper suggests other affordable housing situations, particularly those developed under the Low Income Housing Tax Credit program, in which the accretion of power can occur. It proposes a model of tenant involvement in development and operation of affordable rental housing that can, in certain …