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Housing Law

Journal

2009

Institution
Keyword
Publication

Articles 1 - 26 of 26

Full-Text Articles in Law

Housing Is Harm Reduction: The Case For The Creation Of Harm Reduction Based Termination Of Tenancy Procedures For The New York City Housing Authority, Megan Stuart Dec 2009

Housing Is Harm Reduction: The Case For The Creation Of Harm Reduction Based Termination Of Tenancy Procedures For The New York City Housing Authority, Megan Stuart

City University of New York Law Review

No abstract provided.


Fair Housing And Roommates: Contesting A Presumption Of Constitutionality, Brooke Wright Dec 2009

Fair Housing And Roommates: Contesting A Presumption Of Constitutionality, Brooke Wright

BYU Law Review

No abstract provided.


Effective And Constitutional: Goals For A Hurricane Response Plan In The Aftermath Of Hurricanes Katrina And Rita, Neal Mchenry Oct 2009

Effective And Constitutional: Goals For A Hurricane Response Plan In The Aftermath Of Hurricanes Katrina And Rita, Neal Mchenry

Indiana Law Journal

No abstract provided.


Development Of Ukrainian Real Property And Mortgage Law: The American Perspective, Zhanna Bulkina Mar 2009

Development Of Ukrainian Real Property And Mortgage Law: The American Perspective, Zhanna Bulkina

San Diego International Law Journal

Modern Ukrainian commercial law started to develop following the break-up of the Soviet Union in August 1991 and the reemergence of Ukraine as an independent democratic state. As a result of the break-up, in 1991 the new state of Ukraine inherited the jurisprudence, institutions and government of the former Ukrainian Soviet Socialist Republic. While Ukraine quickly shed its Soviet past by changing the communist names of streets and institutions, the transition was not as easy when it came to substantive changes in Ukrainian jurisprudence and legal thinking. Ukraine needed to develop its own system of law to establish an open …


Vindicating The Matriarch: A Fair Housing Act Challenge To Federal No-Fault Evictions From Public Housing, Melissa A. Cohen Jan 2009

Vindicating The Matriarch: A Fair Housing Act Challenge To Federal No-Fault Evictions From Public Housing, Melissa A. Cohen

Michigan Journal of Gender & Law

Pearlie Rucker, sixty-three years old, had been living in public housing in Oakland, California for thirteen years. Ms. Rucker lived with her mentally disabled adult daughter, Gelinda, as well as two grandchildren and one great-grandchild. Ms. Rucker regularly searched Gelinda's room for signs of drugs, and had warned Gelinda that any drug activity on the premises could result in eviction. Nevertheless, Gelinda was caught with drugs three blocks from the apartment. Despite the fact that Ms. Rucker had no knowledge of Gelinda's drug activity, and in fact had been carefully monitoring what happened in her apartment, the Oakland Housing Authority …


Chicago 2016 Olympics: Legislative Impact On Construction, The Public And The Affordable Housing Market, Chantal Kazay Jan 2009

Chicago 2016 Olympics: Legislative Impact On Construction, The Public And The Affordable Housing Market, Chantal Kazay

Public Interest Law Reporter

No abstract provided.


You Can Move In But You Can't Stay: To Protect Occupancy Rights After Halprin, The Fair Housing Act Needs To Be Amended To Prohibit Post-Acquisition Discrimination, 42 J. Marshall L. Rev. 751 (2009), Scott N. Gilbert Jan 2009

You Can Move In But You Can't Stay: To Protect Occupancy Rights After Halprin, The Fair Housing Act Needs To Be Amended To Prohibit Post-Acquisition Discrimination, 42 J. Marshall L. Rev. 751 (2009), Scott N. Gilbert

UIC Law Review

No abstract provided.


Do We Need A Right To Housing?, Kristen David Adams Jan 2009

Do We Need A Right To Housing?, Kristen David Adams

Nevada Law Journal

No abstract provided.


The Need To Prioritize The Affirmative Furthering Of Fair Housing: A Case Statement, Symposium: New Strategies In Fair Housing, James Robert Breymaier Jan 2009

The Need To Prioritize The Affirmative Furthering Of Fair Housing: A Case Statement, Symposium: New Strategies In Fair Housing, James Robert Breymaier

Cleveland State Law Review

The affirmative furthering of fair housing involves racially and economically pro-integrative policies and programs to produce structural changes that expand housing choices and improve individual opportunities.


The Future Of Fair Housing And Fair Credit: From Crisis To Opportunity, Symposium: New Strategies In Fair Housing, John A. Powell, Jason Reece Jan 2009

The Future Of Fair Housing And Fair Credit: From Crisis To Opportunity, Symposium: New Strategies In Fair Housing, John A. Powell, Jason Reece

Cleveland State Law Review

The following paper provides an assessment of the current housing and credit crisis from a racial justice lens. The paper explores how race was interwoven into the current crisis and demonstrates the racialized impacts of the housing and credit crisis. We also explore some of the current challenges facing fair housing in our society, presenting concepts and models of reform to promote true integration with opportunity. We close with a new paradigm for addressing fair housing in the future and utilizing the opportunities presented by this crisis to produce a fair housing opportunity and a just society for all.


Responsible Development? The Need For Revision To Seattle's Inclusionary Housing Plan, Jay A. Riffkin Jan 2009

Responsible Development? The Need For Revision To Seattle's Inclusionary Housing Plan, Jay A. Riffkin

Seattle University Law Review

This Comment explores how Seattle's enactment of a limited inclusionary housing plan can effectively meet the challenges of responsible development, both satisfying the city's need for density and affordability and maintaining an economic environment conducive to developer profitability. Although Seattle's current inclusionary housing plan may give adequate incentives to developers, the city needs to move away from its current voluntary plan and toward a mandatory plan that balances increasing developer incentives with a demand for affordable onsite development to serve a broader spectrum of income levels. Part II of this Comment lays out the background of exclusionary and inclusionary zoning …


A Closer Look At Seemingly Pro-Tenant Provisions In The Residential Tenancies Act, Mary Truemner Jan 2009

A Closer Look At Seemingly Pro-Tenant Provisions In The Residential Tenancies Act, Mary Truemner

Journal of Law and Social Policy

Explores how the following legislative changes in Ontario systemically affect the power imbalance between landlords and tenants: (1) the abolishment of the default eviction, (2) the return of orders prohibiting rent increases where the landlord has not properly maintained the rental premises, (3) the deeming of a termination date where the tenant has not provided proper notice, and (4) additions to defences to eviction applications.


"Deference" Versus "Security Of Tenure": Eviction Of Residents Of Subsidized Housing Co-Operatives At The Superior Court Of Justice For Ontario, 1992-2009, Jeff Schlemmer Jan 2009

"Deference" Versus "Security Of Tenure": Eviction Of Residents Of Subsidized Housing Co-Operatives At The Superior Court Of Justice For Ontario, 1992-2009, Jeff Schlemmer

Journal of Law and Social Policy

Explores the different levels of protection against arbitrary eviction for Ontario residents of subsidized government housing and those living in a housing cooperative or another type of subsidized housing. The difference comes from the evolution of the case law over the last decade, where all evictions from residential tenancies, except housing cooperatives, have been removed from the jurisdiction of courts. This is based on the theory that cooperatives function as "democracies" and residents who accept subsidized housing in a housing cooperative, voluntarily lose the legislative rights that protects all other tenants. This area of law has become unsustainable. The court …


New Strategies For Old Problems: The Fair Housing Act At 40, Symposium: New Strategies In Fair Housing, Jeffrey D. Dillman Jan 2009

New Strategies For Old Problems: The Fair Housing Act At 40, Symposium: New Strategies In Fair Housing, Jeffrey D. Dillman

Cleveland State Law Review

This article discusses the advances in fair housing since 1968 while analyzing the evidence of persistent discrimination and segregation. It looks at past strategies of the enforcement of the FHA by fair housing groups and the education and outreach performed by the groups. Additionally, the author provides commentary on the future of fair housing.


Jones V. Mayer Revisited, Symposium: New Strategies In Fair Housing, Mira Tanna Jan 2009

Jones V. Mayer Revisited, Symposium: New Strategies In Fair Housing, Mira Tanna

Cleveland State Law Review

This article revisits Jones v. Mayer. Jones v. Mayer, decided by the U.S. Supreme Court in 1968, was the first Supreme Court case to rule that the Civil Rights Act of 1866--which guarantees the same right of all citizens to inherit, purchase, lease, sell, hold, and convey real and personal property as is enjoyed by white citizens--applies not only to actions of the state but also to private parties.


Do Not (Re)Enter: The Rise Of Criminal Background Tenant Screening As A Violation Of The Fair Housing Act, Rebecca Oyama Jan 2009

Do Not (Re)Enter: The Rise Of Criminal Background Tenant Screening As A Violation Of The Fair Housing Act, Rebecca Oyama

Michigan Journal of Race and Law

Increased landlord discrimination against housing applicants with criminal histories has made locating housing in the private market more challenging than ever for individuals with criminal records. Specifically, the increased use of widely available background information in the application process by private housing providers and high error rates in criminal record databases pose particularly difficult obstacles to securing housing. Furthermore, criminal record screening policies disproportionately affect people of color due to high incarceration rates and housing discrimination. This Note examines whether the policies and practices of private housing providers that reject applicants because of their prior criminal records have an unlawful, …


Substantial Equivalency And The Future Of Fair Housing In Ohio, Symposium: New Strategies In Fair Housing, G. Michael Payton, Matthew D. Miko Jan 2009

Substantial Equivalency And The Future Of Fair Housing In Ohio, Symposium: New Strategies In Fair Housing, G. Michael Payton, Matthew D. Miko

Cleveland State Law Review

This article reviews recent Ohio court decisions and discusses their potential impact on the continued certification of the state's fair housing law as “substantially equivalent.” It also addresses several responsive steps being taken by the Ohio Civil Rights Commission in order to re-establish the rights and responsibilities under the state's fair housing law.


How Planyc Will Facilitate Brownfield Redevelopment, Mark Mcintyre Jan 2009

How Planyc Will Facilitate Brownfield Redevelopment, Mark Mcintyre

NYLS Law Review

No abstract provided.


Toward A Comprehensive Program For Regulating Vacant Or Abandoned Dwellings In North Carolina: The General Police Power, Minimum Housing Standards, And Vacant Property Registration, C. Tyler Mulligan Jan 2009

Toward A Comprehensive Program For Regulating Vacant Or Abandoned Dwellings In North Carolina: The General Police Power, Minimum Housing Standards, And Vacant Property Registration, C. Tyler Mulligan

Campbell Law Review

Part I of this Article provides a brief introduction to North Carolina's experience thus far with the foreclosure crisis and introduces the broad array of statutorily granted tools local governments might employ to deal with vacant or abandoned dwellings in varying stages of neglect. Part II discusses the general police power that serves as the first line of defense against the decline of vacant or abandoned housing, as well as how that power is limited by state statutes governing minimum housing standards. Part III then turns to those minimum housing statutes to examine their operation and limitations. Part IV analyzes …


Criminalization Of Housing: A Revolving Door That Results In Boarded Up Doors In Low-Income Neighborhoods In Baltimore, Maryland, Sarah Spangler Rhine Jan 2009

Criminalization Of Housing: A Revolving Door That Results In Boarded Up Doors In Low-Income Neighborhoods In Baltimore, Maryland, Sarah Spangler Rhine

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


The High Cost Of Segregation: Exploring Racial Disparities In High-Cost Lending, Vicki Been, Ingrid Ellen, Josiah Madar Jan 2009

The High Cost Of Segregation: Exploring Racial Disparities In High-Cost Lending, Vicki Been, Ingrid Ellen, Josiah Madar

Fordham Urban Law Journal

This article argues that policy makers addressing racial disparities in the share of subprime mortgages must take into account the relationship between existing levels of racial segregation and the racial disparities in the types of mortgages homeowners received. The authors examine approximately 200 metropolitan areas across the country and note the significant racial disparities in the percentage of subprime mortgages received by different racial groups. Various mechanisms that explain these racial disparities are also explored. The authors ultimately conclude that residential segregation plays a significant role in shaping lending patterns.


Bringing It All Back Home: How To Save Main Street, Ignore K Street, And Thereby Save Wall Street, Robert Hockett Jan 2009

Bringing It All Back Home: How To Save Main Street, Ignore K Street, And Thereby Save Wall Street, Robert Hockett

Fordham Urban Law Journal

This article argues that the most effective and constitutionally sound method of solving the mortgage crisis would be directing the Treasury Department to administer TARP through the Federal Housing Administration (FHA) and government-sponsored enterprises Freddie Mac and Fannie Mae The author contends that these were established precisely to deal with low-end mortgage financing and refinancing. However, the present crisis stems directly from intrusions on these institutions' original missions by under-regulated private firms. The author provides an overview of the causes of the mortgage crisis, the founding and functioning of mortgage finance institutions, and ultimately sketches how TARP would be channeled …


Private Risk, Public Risk: Public Policy, Market Development, And The Mortgage Crisis, Daniel Immergluck Jan 2009

Private Risk, Public Risk: Public Policy, Market Development, And The Mortgage Crisis, Daniel Immergluck

Fordham Urban Law Journal

This article describes the development of mortgage markets in the United States in the twentieth century, with an emphasis on the growth of high-risk market segments beginning in the 1990s. It focuses on the federal role in the development of stable, risk-limiting products and markets. The author then examines the growth of securitization, including structured finance and its impact on mortgage markets. Finally, the article discusses the policy debates and developments surrounding subprime and other high-risk mortgage lending from the 1990s through the 2007-2008 mortgage crisis. The author concludes that knowledge of the problems and costs of high-risk lending had …


Toa Construction Co., Inc. V. Tsitsires, Jessica Tong Jan 2009

Toa Construction Co., Inc. V. Tsitsires, Jessica Tong

NYLS Law Review

No abstract provided.


Overstaying Your Welcome: The Martin Act And Post-Effective-Date Tenants, Kristopher Ferranti Jan 2009

Overstaying Your Welcome: The Martin Act And Post-Effective-Date Tenants, Kristopher Ferranti

NYLS Law Review

No abstract provided.


Automatic Stays And Administrative Expenses: Rights And Remedies Available To Landlords And Tenants In Bankruptcy Proceedings, Judge John M. Tyson Jan 2009

Automatic Stays And Administrative Expenses: Rights And Remedies Available To Landlords And Tenants In Bankruptcy Proceedings, Judge John M. Tyson

Campbell Law Review

This Article will address the following issues: (1) the rights acquired by and the consequences of a landlord or tenant filing for bankruptcy; (2) the effect of the automatic stay; (3) lifting the automatic stay and regaining possession by a landlord; (4) rent and administrative expense payments during the pendency of bankruptcy proceedings; and (5) the assumption or rejection of the lease.