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Articles 31 - 60 of 690
Full-Text Articles in Law
A Liberal Theory Of Property In Condominium, Douglas C. Harris
A Liberal Theory Of Property In Condominium, Douglas C. Harris
All Faculty Publications
The building engineer’s report on the low-rise condominium apartment building details the scope of work required. The roof is leaking, the elevator requires seismic upgrading, the windows and exterior siding are failing, and the heating system needs rebuilding. Although the owners of the individual apartments have been paying monthly fees in anticipation of these common property expenses, each owner faces a substantial special levy to cover the expected costs. The land developer’s offer to purchase the complex is eye-popping. Anticipating that the city will permit it to demolish the existing building and construct a high-rise condominium apartment tower on the …
Examination Of Eviction Filings In Lancaster County, Nebraska, 2019–2021, Ryan Sullivan
Examination Of Eviction Filings In Lancaster County, Nebraska, 2019–2021, Ryan Sullivan
Nebraska College of Law: Faculty Publications
The study examined and analyzed eviction filings and proceedings in Nebraska, with a specific focus on Lancaster County—the home to the State’s capital, Lincoln. The primary objective of this study is to place eviction proceedings under a microscope to gain a better understanding of the volume of evictions in Nebraska, and whether the statutorily mandated processes are being followed. The study also attempts to capture the impact of certain external factors present during the period examined. Such factors include the COVID-19 pandemic and various eviction moratoria in place during 2020 and 2021, as well as the increased availability of legal …
Champions For Justice 8th Annual, May 6, 2022, Roger Williams University School Of Law
Champions For Justice 8th Annual, May 6, 2022, Roger Williams University School Of Law
School of Law Conferences, Lectures & Events
No abstract provided.
Rwu Law News: The Newsletter Of Roger Williams University School Of Law, Michael M. Bowden, Gregory W. Bowman, Brooklyn Crockton
Rwu Law News: The Newsletter Of Roger Williams University School Of Law, Michael M. Bowden, Gregory W. Bowman, Brooklyn Crockton
Life of the Law School (1993- )
No abstract provided.
Pandemics And Housing Insecurity: A Blueprint For Land Use Law Reform, John R. Nolon
Pandemics And Housing Insecurity: A Blueprint For Land Use Law Reform, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
COVID-19, racial inequity, housing insecurity, and climate change have come together to create widespread, large-scale crises. This Article introduces these four pandemics and describes in detail what local governments are doing to combat one of them: housing insecurity. It reviews recent progress with traditional inclusionary zoning requirements, discusses the move toward greater density in single-family zoning, lists strategies being used to remediate distressed housing, and notes the importance of affordable housing as a necessary strategy for preventing lower-income household displacement caused by gentrification. The reciprocal impacts of these four pandemics are clear; local land use leaders should examine how mitigating …
Tiny Homes: A Big Solution To American Housing Insecurity, Lisa T. Alexander
Tiny Homes: A Big Solution To American Housing Insecurity, Lisa T. Alexander
Faculty Scholarship
“There’s no place like home,” said Dorothy. Yet, millions of people in the United States may face eviction, foreclosure, or homelessness in 2021 and beyond. America is on the brink of an unprecedented housing crisis in the wake of Covid-19. The federal government, and various states and localities, have taken actions to avert a housing crisis in the aftermath of Covid 19. While these actions have undeniably helped mitigate widespread foreclosure and eviction crises, they do not fully address the more fundamental American housing challenge—an inadequate supply of affordable housing at all income levels, a longstanding problem that Covid-19 has …
Race And The Covid-19 Eviction And Housing Crisis, Bradey Camille Baltz
Race And The Covid-19 Eviction And Housing Crisis, Bradey Camille Baltz
Arkansas Law Notes
Historical and present discriminatory housing, land use, property, and criminal policies and laws have contributed to an inaccessibility of homeownership and wealth accumulation for people of color in the United States. “People of color rent at higher rates than white people,” and thus, face a higher risk of eviction. People of color are also overrepresented in jobs most affected by the COVID-19 pandemic, like the restaurant and hotel industries. As compared to white workers, Black and Latinx Americans are less likely to have access to paid sick leave and family leave, forcing them to choose to go to work when …
Law School News: National Housing Advocate Named To Lead Rwu's New Real Estate Initiatives 02/08/2022, Roger Williams University School Of Law
Law School News: National Housing Advocate Named To Lead Rwu's New Real Estate Initiatives 02/08/2022, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Survey Of State Laws Governing Fees Associated With Late Payment Of Rent, Ryan Sullivan
Survey Of State Laws Governing Fees Associated With Late Payment Of Rent, Ryan Sullivan
Nebraska College of Law: Faculty Publications
The Survey contains both a cumulative and detailed account of the laws of each state governing late fees and penalties associated with late payment of rent involving residential tenancies. States that impose late fee maximums vary greatly on the amount and form of the limitation—some limit the late fee to a certain percentage of the rental amount, a few states impose a dollar amount maximum, and several states impose both. Some states, rather than limiting the late fee to a certain amount, only require that the late fee be “reasonable.” Additionally, a handful of states mandate that late fees can …
Law School News: Rwu Law Recognized By White House 01-28-2022, Michael M. Bowden
Law School News: Rwu Law Recognized By White House 01-28-2022, Michael M. Bowden
Life of the Law School (1993- )
No abstract provided.
Leases As Forms, David A. Hoffman, Anton Strezhnev
Leases As Forms, David A. Hoffman, Anton Strezhnev
All Faculty Scholarship
We offer the first large scale descriptive study of residential leases, based on a dataset of ~170,000 residential leases filed in support of over ~200,000 Philadelphia eviction proceedings from 2005 through 2019. These leases are highly likely to contain unenforceable terms, and their pro-landlord tilt has increased sharply over time. Matching leases with individual tenant characteristics, we show that unlawful terms are surprisingly likely to be associated with more expensive leaseholds in richer, whiter parts of the city. This result is linked to landlords' growing adoption of shared forms, originally created by non-profit landlord associations, and more recently available online …
Helping Self-Represented Litigants Isn’T Charity Work, It’S A Professional Obligation, Suzanne Harrington-Steppen, Eliza Vorenberg
Helping Self-Represented Litigants Isn’T Charity Work, It’S A Professional Obligation, Suzanne Harrington-Steppen, Eliza Vorenberg
Law Faculty Scholarship
No abstract provided.
Food Insecurity, Racial Diversity, And Reservation Land: Relationships With The Credit Security Index, Theodor Gordon, Braden Orr
Food Insecurity, Racial Diversity, And Reservation Land: Relationships With The Credit Security Index, Theodor Gordon, Braden Orr
Initiative for Native Nation Relations
The Fair Housing Act and the Equal Credit Opportunity Act prohibit banks from discriminating based on race, gender, national origin, and other protected categories. Are these laws enough to mitigate the multigenerational impacts of discrimination experienced by these communities? To address this question, this project examined whether unequal access to credit persists in communities on or adjacent to Indian reservations, communities with high levels of racial diversity, and communities where women are a greater percentage of the population than men.
Rural Estrangement And The Regulatory State, Ann M. Eisenberg
Rural Estrangement And The Regulatory State, Ann M. Eisenberg
Faculty Publications
In today’s polarized social and political climate, rural alienation from government is often dismissed as “just more politics” or a symptom of problematic cultural norms. This Article takes rural disaffection from government seriously, with a focus on rural relationships with the federal regulatory state. The Article argues that rural disaffection from the regulatory state is not solely a cultural or political phenomenon among white conservatives. Rural disaffection is also a broader structural issue that stems in part from the regulatory state’s crisis of legitimacy.
Two factors show that rural disaffection from the regulatory state is more diffuse and profound than …
Does Democracy Justify Zoning?, Michael Lewyn
Does Democracy Justify Zoning?, Michael Lewyn
Scholarly Works
One common argument for restrictive zoning is that zoning is more democratic than allowing landowners to build what they please. This article critiques that claim, suggesting that free markets are equally democratic because they allow for self-rule. Moreover, zoning is less democratic than other forms of government decisionmaking, because zoning hearings are often sparsely attended, and commenters at public meetings are unrepresentative of the public as a whole.
Structural Precarity And Potential In Condominium Governance Design, Andrea Boyack
Structural Precarity And Potential In Condominium Governance Design, Andrea Boyack
Faculty Publications
In the early hours of June 24, 2021, half of Champlain Towers South Condominium, a thirteen-story multifamily building located in the Miami suburb of Surfside, collapsed without warning. The Miami Herald called the collapse “unprecedented” in that one wing “simply caved in––for no obvious reason.” The collapse killed ninety-eight people and was the deadliest multifamily building engineering failure in US history. After an arduous search and rescue and safely dismantling the rest of the structure, inquiries sought to determine why this deadly collapse happened. Who was to blame, and what could have been done differently?
Within six months of this …
Prospects For A Unified Approach To Housing Affordability, Housing Equity, And Climate Change, Stephen R. Miller
Prospects For A Unified Approach To Housing Affordability, Housing Equity, And Climate Change, Stephen R. Miller
Articles
No abstract provided.
Tenant Rights For Employer-Provided Farmworker Housing, Margaret C. Hannon
Tenant Rights For Employer-Provided Farmworker Housing, Margaret C. Hannon
Articles
Farmworkers in Washington State play a crucial role in food production and distribution, and the success of Washington’s economy rests heavily on its agricultural industry. The agricultural sector employs the greatest amount of people in Washington, “generates more than $5.3 billion in direct revenue, and has a total estimated economic impact on the state of more than $28 billion each year.” In Washington State, there are about 36,000 farms, which encompass 15.3 million acres, “or 37 percent of the state’s land mass.”
Non-Debt And Non-Bank Financing For Home Purchase: Promises And Risks, Shelby D. Green
Non-Debt And Non-Bank Financing For Home Purchase: Promises And Risks, Shelby D. Green
Elisabeth Haub School of Law Faculty Publications
This Article explores the phenomenon of the NDNBs in home purchase and finance that has gained a growing presence in the mortgage marketplace since the 2008 crisis. Part II offers a deeper discussion of the risk-prone practices leading to the 2008 housing crisis and the regulatory and industry responses for recovery. Parts III and IV describe the emerging new models of home purchase. Part IV explores some of the apparent and hidden risks in these transactions. Part VI concludes with suggestions for assessing and managing risks and for reforms.
Designing Interdisciplinary, Early Intervention Dispute Resolution Tools To Decrease Evictions And Increase Housing Stability, Christine N. Cimini
Designing Interdisciplinary, Early Intervention Dispute Resolution Tools To Decrease Evictions And Increase Housing Stability, Christine N. Cimini
Articles
This Article provides a unique glimpse into the development of an early-intervention, pre-court, interdisciplinary dispute resolution project intended to decrease evictions and increase housing stability for recipients of subsidized housing in Seattle. With a grant from the Seattle Housing Authority (SHA), a coalition of non-profit organizations had the rare opportunity to design a dispute resolution system into existence. A dispute system design team was formed and began by examining the interconnected problems of housing instability, eviction, and houselessness. Despite thorough research on dispute system design and extensive meetings with stakeholders, the deign team encountered numerous challenges. This Article identifies the …
Condominium: A Transformative Innovation In Property And Local Government, Douglas C. Harris
Condominium: A Transformative Innovation In Property And Local Government, Douglas C. Harris
All Faculty Publications
Condominium is a form of ownership that produces separate parcels of land and a structure of local government within multi-unit developments. As one form of common interest community, condominium packages private property with a co-ownership interest in common property and rights to participate in the governing organisation. A statutory innovation, the condominium form has been adopted in jurisdictions around the world and has quickly become the dominant form of land ownership for new-build housing in many cities. As an increasingly prominent feature of urban real estate, condominium is changing the nature of ownership and of local government, and is one …
Equitable, Affordable And Climate-Cognizant Housing Construction, Shelby D. Green
Equitable, Affordable And Climate-Cognizant Housing Construction, Shelby D. Green
Elisabeth Haub School of Law Faculty Publications
The almost universal sentiment by a growing body of physical and social scientists is that climate change--with its floods, drought, heat, and cold-- portend losses of life, communities, property, and the rhythms of living. Some are more vulnerable to these impacts than others: individuals and the poor, who through official government policy and self-interest in the housing markets, have been relegated to live in poorly-constructed and poorly-placed structures--in the wake of ocean surges; in the path of strong winds; near hazardous and noxious facilities; stranded in urban heat islands. Failing to heed climate change omens will lead to a world …
Adaptive Rezoning For Social Equity, Affordability And Resilience, Shelby D. Green
Adaptive Rezoning For Social Equity, Affordability And Resilience, Shelby D. Green
Elisabeth Haub School of Law Faculty Publications
In this Article, I will show how the legacies of the institutional barriers to housing still persist to deprive many of the predicates for economic thriving and personal flourishing and how existing zoning philosophy cannot be justified by the need to protect health and safety. Righting the inequities of the past and of the present will require dismantling some of the institutions, apparently legitimate and well-meaning, but operating devilishly to create and perpetuate hardship and exclusion. This will require laying bare the institutions to reveal their ignoble essence. We need a radical overhaul of the historic zoning regime from one …
Is Fire Insurable?, Kenneth S. Klein
Is Fire Insurable?, Kenneth S. Klein
Faculty Scholarship
The focus of this chapter is on the extant data on the prevalence, causes, and depth of inadequate, unavailable, and/or unaffordable dwelling insurance for fire, and what might be done about it. Whether it is ‘bushfire’ in Australia or ‘wildfire’ in the United States, the frequency, intensity, and cost of fire is increasing, with no reason to expect the upward trend to dissipate any time soon. Most homeowners want to insure their homes for fire and think they both have done so and done so adequately. More often than not, they are wrong. And many are finding that insurance now …
Are Tents A 'Home'? Extending Section 8 Privacy Rights For The Precariously Housed, Sarah Ferencz, Alexandra Flynn, Nicholas Blomley, Marie-Eve Sylvestre
Are Tents A 'Home'? Extending Section 8 Privacy Rights For The Precariously Housed, Sarah Ferencz, Alexandra Flynn, Nicholas Blomley, Marie-Eve Sylvestre
All Faculty Publications
The home, for most of us, is an obvious zone to assert privacy and property rights. However, this is not the case for those whose control of residential space is precarious. Our paper focuses on privacy rights under the Canadian constitution for those living in tents and, specifically, the judicial rejection of a tent as a home garnering legal protection under the Charter of Rights and Freedoms. We focus on a 2018 case from British Columbia, R. v. Picard, the only judicial decision that we could locate that has explored this question. In holding that the tent is …
Survey Of State Laws Governing Continuances And Stays In Eviction Proceedings, Ryan Sullivan
Survey Of State Laws Governing Continuances And Stays In Eviction Proceedings, Ryan Sullivan
Nebraska College of Law: Faculty Publications
The Survey contains both a cumulative and detailed account of the laws and rules of each state governing continuances, adjournments, and stays in residential eviction proceedings. The Survey compares the laws of each state on several aspects, including the standard for obtaining a continuance, the allowable length of the continuance, whether a bond must be paid, and any other restriction or limitation placed on the party seeking to continue an eviction proceeding. The Survey also includes a listing of state statutes that provide a residential tenant a right to redeem the property upon payment of rent prior to the execution …
The Case Against The Case For Zoning, Michael Lewyn
The Case Against The Case For Zoning, Michael Lewyn
Scholarly Works
Power points used in a presentation on a work in progress, responding to Christopher Serkin's "Case For Zoning" article at 96 Notre Dame L. Rev. 749.
Increasing Housing Stability Through State-Funded Community Mediation Delivered By The Massachusetts Housing Mediation Program (Hmp): Evaluation Report, Madhawa Palihapitiya, David Sulewski, Kaila O. Eisenkraft, Jarling Ho
Increasing Housing Stability Through State-Funded Community Mediation Delivered By The Massachusetts Housing Mediation Program (Hmp): Evaluation Report, Madhawa Palihapitiya, David Sulewski, Kaila O. Eisenkraft, Jarling Ho
Massachusetts Office of Public Collaboration Publications
This report presents findings and recommendations from a formative evaluation of the Massachusetts Housing Mediation Program (HMP) administered by the MA Office of Public Collaboration (MOPC) at the University of Massachusetts Boston in partnership with 12 Community Mediation Centers (CMCs). The program is funded by the Commonwealth of Massachusetts and overseen by the Department of Housing and Community Development (DHCD) as part of the Baker-Polito Administration’s Eviction Diversion Initiative (EDI). The evaluation was conducted by MOPC’s research unit comprised of staff and graduate student researchers, and does not necessarily represent the views of DHCD. As a statutory state office, MOPC …
Clarifying Nonprofit Purchase Rights In Affordable Housing, Brandon Weiss
Clarifying Nonprofit Purchase Rights In Affordable Housing, Brandon Weiss
Articles in Law Reviews & Other Academic Journals
Disputes around the country are proliferating as limited partner investors attempt to thwart the ability of nonprofits to exercise statutorily defined rights of first refusal to acquire low-income housing tax credit developments upon the expiration of rent restrictions. Such efforts, increasingly being made by "aggregator" investors, frustrate congressional intent, violate long-held norms and expectations in the industry, are costly for nonprofits to litigate, jeopardize the ongoing affordability of an already scarce federally assisted housing stock, and threaten to displace low-income tenants. This Essay describes the problem, explores the collision of housing policy and tax policy that gives rise to it, …
Praxis And Paradox: Inside The Black Box, Lauren Sudeall, Daniel Pasciuti
Praxis And Paradox: Inside The Black Box, Lauren Sudeall, Daniel Pasciuti
Vanderbilt Law School Faculty Publications
In the American legal system, we typically conceive of legal disputes as governed by specific rules and procedures, resolved in a formalized court setting, with lawyers shepherding both parties through an adversarial process involving the introduction of evidence and burdens of proof. The often-highlighted exception to this understanding is the mass, assembly-line processing of cases, whether civil or criminal, in large, urban, lower-level courts. The gap left unfilled by either of these two narratives is how "court" functions for the average unrepresented litigant in smaller and nonurban jurisdictions across the United States.
For many tenants facing eviction, elements of the …