Law Commons^™

Housing, Healthism, And The Hud Smoke-Free Policy, Dave Fagundes, Jessica L. Roberts

NULR Online

No abstract provided.

Regulating Short-Term Accommodation Within Condominium, Douglas C. Harris

All Faculty Publications

Owning land within condominium, or strata property as it is known in British Columbia, includes holding an individual strata lot, a share of the common property, and the right to participate in governing the uses of the private and common property. Owners participate in governing through membership and voting rights in a strata corporation which has the responsibility to maintain the common property and the authority to establish bylaws that restrict the use of the common and private property. The corollary of membership and a voice in the affairs of the strata corporation is a duty to accept its governing …

Elizabeth Warren’S New Housing Proposal Is Actually A Brilliant Plan To Close The Racial Wealth Gap, Mehrsa Baradaran, Darrick Hamilton

Popular Media

Last month, Sen. Elizabeth Warren released a $450 billion housing plan called the American Housing and Economic Mobility Act. The proposal is a comprehensive and bold step toward providing affordable housing for the most vulnerable Americans. The bill is the first since the Fair Housing Act with the explicit intent of redressing the iterative effects of our nation’s sordid history of housing discrimination. Critically, it has the potential to make a substantive dent in closing our enormous and persistent racial wealth gap.

The Evolving Narrative On Home Ownership In Singapore, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

In a commentary, SMU Associate Professor of Law Eugene Tan opined that the recent National Day Rally speech by Prime Minister Lee Hsien Loong should recalibrate HDB home owners’ expectations of their home as an ever-appreciating asset. While the recalibration of the HDB-as-asset message is welcome, Associate Prof Tan noted that more could have been done to raise some hard truths such as how upgrading costs for the HDB flats would be funded given an ageing population and a shrinking workforce.

Sustainable Affordable Housing, Andrea Boyack

Faculty Publications

Sustainable real estate development is an essential component of intergenerational justice, in part because the real estate sector creates more than 20% of the world’s carbon emissions. Governments, recognizing that environmentally sustainable real estate development involves higher upfront costs, have encouraged green building by offering publicly funded incentives such as tax credits, grants, reduced approval fees, and streamlined permitting. Using market measurement innovations such as the Dow Jones Sustainability Index, investors can promote environmentally sustainable development by prioritizing real estate developers that embrace environmentally conscious practices. Even though real estate in general still underperforms in many other sectors in terms …

The Rise Of Market Urbanism, Michael Lewyn

Scholarly Works

Compares market urbanism to new urbanism and to defenders of suburban sprawl. Like new urbanists, market urbanists find urban life to be socially valuable, and emphasize that sprawl is not always in line with consumer preferences. But market urbanists are more likely to emphasize the role of government regulation in creating suburbanization, and to oppose anti-sprawl land use regulations.

Sexual Harassment Of Low-Income Women In Housing: Pilot Study Results, Rigel C. Oliveri

Faculty Publications

In recent months, high-profile and influential figures in media, government, and entertainment have been brought down by credible allegations that they have engaged in sexual misconduct. These revelations have sparked an important national discussion about the prevalence of sexual harassment in American society and the ways in which powerful people can use their positions both to exploit their vulnerable targets and to escape the consequences of their actions.

The conversation is a necessary starting point, but the focus on high-status workplaces overlooks other contexts in which sexual harassment occurs. This Article focuses on one overlooked, significant national problem: the sexual …

More Housing Near Public Transit: Relocating The Bay Area’S Poor, Maneesha Birdee

Poverty Law Conference & Symposium

Housing discrepancy, coupled with an environmental push set in place a decade ago to reduce car-based greenhouse gas emissions, propelled a housing and public transportation bill. Senator Scott Weiner, along with Senator Nancy Skinner and Assembly Member Phil Ting, created Senate Bill 827 (“Bill”). The Bill proposes building denser housing near public transportation, thereby allowing more people to live close to their jobs. The Bill was introduced in January 2018 and sparked feverous debate over California housing. It was amended two times—once in March 2018 and once in April 2018. Two weeks after its April amendment, in a lively senate …

Law School News: 'Force Multipliers': Ri Tenant Stablization Project Aims To Help Eviction And Homelessness Issues For Low-Income Tenants 04-06-2018, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

Does Bankruptcy Save Homes? A Further Look, Alan White

Publications and Research

No abstract provided.

No Brakes: Loan Acceleration And Diminishing Foreclosure Defenses, Eric A. Zacks, Dustin A. Zacks

Law Faculty Research Publications

No abstract provided.

United States Supreme Court Surveys: 2016 Term. Still Standing After All These Years: Five Decades Of Litigation Under The Fair Housing Act And The Supreme Court Still Can't Say For Sure Who Is Protected, David A. Logan

Law Faculty Scholarship

No abstract provided.

Exclusionary Megacities, Wendell Pritchett, Shitong Qiao

Faculty Scholarship

Human beings should live in places where they are most productive, and megacities, where information, innovation, and opportunities congregate, would be the optimal choice. Yet megacities in both China and the United States are excluding people by limiting the housing supply. Why, despite their many differences, is the same type of exclusion happening in both Chinese and U.S. megacities? Urban law and policy scholars argue that Not-In-My-Back-Yard (“NIMBY”) homeowners are taking over megacities in the U.S. and hindering housing development. They pin their hopes on an efficient growth machine that makes sure “above all, nothing gets in the way of …

Segregation In St. Louis: Dismantling The Divide, For The Sake Of All [In Collaboration With], Thomas Harvey, John Mcannar, Michael-John Voss, Ascend Stl Inc., Community Builders Network Of Metro St. Louis, Metropolitan St. Louis Equal Housing And Opportunity Council (Ehoc), Team Tif

All Faculty Scholarship

Place matters. Where people live in St. Louis has been shaped by an extensive history of segregation that was driven by policies at multiple levels of government and practices across multiple sectors of society. The effect of segregation has been to systematically exclude African American families from areas opportunity that support economic, educational, and health outcomes.

Explaining Market Urbanism, Michael Lewyn

Scholarly Works

Compares Market Urbanism to New Urbanism and Landscape Urbanism

Vacant Housing Study: An Examination Of Vacant And At-Risk Housing In The Middle Peninsula, Todd Scheid, Kean Devine, Eric Mccoy

Virginia Coastal Policy Center

In collaboration with Virginia Coastal Policy Center- William & Mary Law School, this report addresses the issue of vacant housing in the Middle Peninsula region with possible solutions. This report contains the results of a survey conducted by the Middle Peninsula Planning District Commission (MPPDC) and demographic data of the region to more clearly express the issues that the Middle Peninsula faces in relation to vacant and at-risk housing.

Making Existing Homes Greener, James Smith

Scholarly Works

The environmental movement that has taken hold in the last half-century includes the objective of reducing the adverse impacts buildings have on the natural environment. In the United States, this has manifested itself in changes in the design and construction of buildings. Modern buildings-those built recently-perform better with respect to some, but not all, environmental criteria than older buildings. The most prominent characteristic is the efficiency of energy use for heating, cooling, and appliances.

Even when the combination of building codes and voluntary standards work effectively to promote the construction of new green homes, they cannot provide a solution with …

When Deciding Whether To Allow A Taking Of Property We Need To Ask What We Want Property Rights To Do, Douglas C. Harris

All Faculty Publications

In recognition of the dangers inherent to a regime that enables a majority of owners to terminate the individual property interests of a dissenting minority, the Strata Property Act requires that strata corporations secure court confirmation of dissolution votes. Not surprisingly, the shift to a lower dissolution threshold, the rapidly rising land values in British Columbia’s urban centres, and the increased costs of maintaining aging buildings, have precipitated a growing number of dissolution votes and a steady flow of applications to the British Columbia Supreme Court (BCSC) to confirm the votes.

Enforcing A Holding Deposit Agreement, Samuel Beswick

All Faculty Publications

Prospective tenants in England are often asked to put down a holding deposit as a condition of signing a tenancy agreement. A holding deposit is an up-front payment given to the landlord or the landlord’s agent to place a “hold” on the property from being rented to anyone else while the applicant’s references are checked. It is paid after the key terms of the tenancy (for example, the rent amount and move-in date) have been agreed. Its purpose is to give both parties peace-of-mind that the applicant is “locked in” to renting the property.

In a previous contribution to the …

A Guide To Understanding And Addressing Vacant Property In The City Of St. Louis, Dana M. Malkus

All Faculty Scholarship

The City of St. Louis has a serious vacant property challenge. Since the population peak in 1950, the City has experienced a 63% decline in population and now has one of the highest rates of vacancy in the nation.¹ The City has approximately 25,000 vacant properties.² Approximately 12,000 of these are owned by the Land Reutilization Authority (LRA) or other public agencies,³ which means that approximately 13,000 are privately owned. Most of those vacant properties
are concentrated in the north and southeast portions of the City.⁴ For a city of its size, the City has "an …

Testing Fannie Mae's And Freddie Mac's Post-Crisis Self-Preservation Policies Under The Fair Housing Act, Shelby D. Green

Elisabeth Haub School of Law Faculty Publications

Beginning in the 1930s, the federal government adopted programs and policies toward safe and decent housing for all. The initiatives included the creation of the Federal Housing Administration that, among other things, spurred mortgage lending by guaranteeing mortgage loans to low- and moderate-income borrowers. The creation of the secondary mortgage market by Fannie Mae and Freddie Mac (“GSEs”) helped provide more liquidity for loan originators. However, somewhere along the way, these GSEs lost their way, as they pursued profitability without regard to risk and heedlessly bought mortgages without considering quality.

The overabundance of poor quality mortgages led to the housing …

Exclusionary Megacities, Wendell Pritchett, Shitong Qiao

All Faculty Scholarship

Human beings should live in places where they are most productive, and megacities, where information, innovation and opportunities congregate, would be the optimal choice. Yet megacities in both China and the U.S. are excluding people by limiting housing supply. Why, despite their many differences, is the same type of exclusion happening in both Chinese and U.S. megacities? Urban law and policy scholars argue that Not-In-My-Backyard (NIMBY) homeowners are taking over megacities in the U.S. and hindering housing development therein. They pin their hopes on an efficient growth machine that makes sure “above all, nothing gets in the way of building.” …

Non-Enforcement Takings, Timothy M. Mulvaney

Faculty Scholarship

The non-enforcement of existing property laws is not logically separable from the issue of unfair and unjust state deprivations of property rights at which the Constitution's Takings Clause takes aim. This Article suggests, therefore, that takings law should police allocations resulting from non-enforcement decisions on the same "fairness and justice" grounds that it polices allocations resulting from decisions to enact and enforce new regulations. Rejecting the extant majority position that state decisions not to enforce existing property laws are categorically immune from takings liability is not to advocate that persons impacted by such decisions should be automatically or even regularly …

The Right To Counsel For Tenants Who Faced Eviction, Andrew Scherer

Other Publications

No abstract provided.

Bundling Justice: Medicaid's Support For Housing, Mary Crossley

Articles

Achieving safe and stable housing presents a profound and ongoing challenge for many people living in poverty. The challenges include housing that is substandard or unaffordable and continuing risks of eviction. For a growing number, these challenges prove too much, and they become homeless. In addition, housing-related challenges that are part of daily life for many poor people can influence their physical and mental health. Increased attention to the health impacts of inadequate, insecure, and unaffordable housing has prompted some – including public health experts, physicians, and sociologists studying housing – to urge that housing issues, and homelessness in particular, …

Federalism, Convergence, And Divergence In Constitutional Property, Gerald S. Dickinson

Articles

Federal law exerts a gravitational force on state actors, resulting in widespread conformity to federal law and doctrine at the state level. This has been well recognized in the literature, but scholars have paid little attention to this phenomenon in the context of constitutional property. Traditionally, state takings jurisprudence—in both eminent domain and regulatory takings—has strongly gravitated towards the Supreme Court’s takings doctrine. This long history of federal-state convergence, however, was disrupted by the Court’s controversial public use decision in Kelo v. City of New London. In the wake of Kelo, states resisted the Court’s validation of the …