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Full-Text Articles in Law
How The Law Fails Tenants (And Not Just During A Pandemic), Sarah Schindler, Kellen Zale
How The Law Fails Tenants (And Not Just During A Pandemic), Sarah Schindler, Kellen Zale
Sturm College of Law: Faculty Scholarship
In the wake of the COVID-19 pandemic, all levels of government are considering how to protect public health by keeping people in their homes, even if they can no longer afford their monthly mortgage or rent payments. The protections that have emerged thus far have been far more protective of homeowners than renters. This essay exposes how the disparity in legal protections for these two groups is not unique to this pandemic. Rather, the crisis has merely uncovered longstanding, deep-rooted patterns within legal doctrines, governmental programs, and public policies that bestow favorable treatment upon homeowners at the expense of renters. …
The Great American Housing Bubble : The Road To Collapse, Robert M. Hardaway
The Great American Housing Bubble : The Road To Collapse, Robert M. Hardaway
Sturm College of Law: Faculty Scholarship
In the aftermath of the American housing collapse in 2008, many ask why. The Great American Housing Bubble: The Road to Collapse asks a different and more fundamental question - how the bubble was created in the first place. To answer that question, it examines the causes, both political and economic, of the American housing bubble created between 1940 and 2007. Those causes encompass everything from federal income tax subsidies for housing to local exclusionary policies, banking, accounting, real estate appraisal, and credit agency rating practices and policies. The book also takes into account the impact of greed, government regulation, …
The Great American Housing Bubble: Re-Examining Cause And Effect, Robert M. Hardaway
The Great American Housing Bubble: Re-Examining Cause And Effect, Robert M. Hardaway
Sturm College of Law: Faculty Scholarship
The current quest to identify scapegoats upon whom to cast blame for the housing bubble collapse are fundamentally misdirected inasmuch as all bubbles, like all Ponzi schemes, inevitably collapse-the only question being one of timing. Focus should instead be placed on the causes of the bubble itself, for only by doing so can sound economic policies be devised in a manner that will prevent future bubbles. Primary causes of the creation of the housing bubble are extravagant house subsidies lavished disproportionately on the top tiers of income earners; restriction of the supply of housing through local exclusionary policies; social policies …