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A Herculean Leap For The Hard Case Of Post-Acquisition Claims: Interpreting Fair Housing Act Section 3604(B) After Modesto, Mary Pennisi
A Herculean Leap For The Hard Case Of Post-Acquisition Claims: Interpreting Fair Housing Act Section 3604(B) After Modesto, Mary Pennisi
Fordham Urban Law Journal
On October 8, 2009, Committee Concerning Community Improvement v. City of Modesto created a split in federal circuit courts over whether FHA § 3604(b) applies to discrimination that occupants suffer after acquiring their dwelling. The question is whether the FHA only applies to discrimination in acquiring their property or afterwards as well. This Note examines the split in federal circuit courts created by Modesto. Part I examines the history of the FHA and theories of statutory interpretation. Part II discusses the split in federal authority and both sides’ interpretative methodologies and rationales. . Part III.A maintains that meaning-based and intent-based …
Blighting The Way: Urban Renewal, Economic Development, And The Elusive Definition Of Blight, Colin Gordon
Blighting The Way: Urban Renewal, Economic Development, And The Elusive Definition Of Blight, Colin Gordon
Fordham Urban Law Journal
This article examines the way municipalities have used increasingly broad interpretations of "blight" to compete for state tax increment financing (TIFs) for economic development purposes. It traces the definition of blight in the context of state and federal urban redevelopment programs from the nineteenth century through the Progressive Era to the advent of TIF laws in the 1980s and 90s. It goes on to discuss the how the concept of "blight" has shifted from a condition of substandard housing to a condition of "sub-optimal" local economic development, in part due to intense competition among municipalities for TIFs. The article concludes …
Emotional Harm In Housing Discrimination Cases: A New Look At A Lingering Problem, Victor M. Goode, Conrad A. Johnson
Emotional Harm In Housing Discrimination Cases: A New Look At A Lingering Problem, Victor M. Goode, Conrad A. Johnson
Fordham Urban Law Journal
This Article explores relevant social science data and examines how it affects the analysis and understanding of evidence of emotional harm. Part I provides an overview of the current state of emotional harm cases. Part II discusses the issue of bias in the process of reviewing discrimination cases from the perspective of critical race theory and recent social science data. In Part III, this Article examines the cycles of ignorance that have contributed to an under-valuation of emotional harm in housing discrimination litigation. Finally, suggestions are made about how to gather relevant psychological and medical information on the effects of …
Emotional Harm In Housing Discrimination Cases: A New Look At A Lingering Problem, Victor M. Goode, Conrad A. Johnson
Emotional Harm In Housing Discrimination Cases: A New Look At A Lingering Problem, Victor M. Goode, Conrad A. Johnson
Fordham Urban Law Journal
This Article explores relevant social science data and examines how it affects the analysis and understanding of evidence of emotional harm. Part I provides an overview of the current state of emotional harm cases. Part II discusses the issue of bias in the process of reviewing discrimination cases from the perspective of critical race theory and recent social science data. In Part III, this Article examines the cycles of ignorance that have contributed to an under-valuation of emotional harm in housing discrimination litigation. Finally, suggestions are made about how to gather relevant psychological and medical information on the effects of …
Discriminatory Housing Statements And Section 3604(C): A New Look At The Fair Housing Act's Most Intriguing Provision, Robert G. Schwemm
Discriminatory Housing Statements And Section 3604(C): A New Look At The Fair Housing Act's Most Intriguing Provision, Robert G. Schwemm
Fordham Urban Law Journal
This article gives a new look at section 3604(c) of the Fair Housing Act. Through section 3604(c), the FHA has outlawed biased statements with respect to an even broader range of housing sales and rentals. The three main purposes of section 3604 directly bear on the FHA's ultimate goals of eliminating housing discrimination and achieving residential integration. Under the FHA, discriminatory statements are not only probative of a defendant's illegal intent, but also, by themselves, violate the statute if made "with respect to eh sale or rental of a dwelling." Further, the lack of aggressive enforcement of section 3604(c) cannot …
The Threat Of The Wandering Poor: Welfare Parochialism And Its Impact On The Use Of Housing Mobility As An Anti-Poverty Strategy, Susan Bennett
The Threat Of The Wandering Poor: Welfare Parochialism And Its Impact On The Use Of Housing Mobility As An Anti-Poverty Strategy, Susan Bennett
Fordham Urban Law Journal
This Essay discusses how, if one accepts the premises of mobility-based anti-poverty strategies, the geographical parochialism and structural rigidity of the welfare system undermine mobility goals. The Essay also examines the possibility that current trends in housing policy will undercut anti-poverty goals.
The Implications Of Current Welfare Reform Proposals For The Housing Assistance System, Sandra J. Newman
The Implications Of Current Welfare Reform Proposals For The Housing Assistance System, Sandra J. Newman
Fordham Urban Law Journal
This Essay assesses proposals to reform welfare from the perspective of effects on housing assistance. The focus is on the two welfare reform proposals that have received the most attention during late 1994 and early 1995: the Clinton Administration's Work and Responsibility Act (WRA and the Republican Party's Personal Responsibility Act (PRA). This analysis is limited to the provisions in each bill regarding time limits, eligibility restrictions, and work requirements for AFDC recipients, and estimates how the housing assistance system would be affected if these provisions were in effect today. This analysis focuses on two types of impacts: effects on …
Eviction Free Zones: The Economics Of Legal Bricolage In The Fight Against Displacement, Lawrence K. Kolodney
Eviction Free Zones: The Economics Of Legal Bricolage In The Fight Against Displacement, Lawrence K. Kolodney
Fordham Urban Law Journal
Gentrification, the influx of high-income dwellers into low-income neighborhoods, has in the past decade become a serious cause of concern to low-income tenants in older American cities. Although gentrification has had some positive effects, one important negative effect has been the displacement of existing neighborhood residents. Various schemes have been suggested to combat displacement caused by gentrification. One strategy entails seeking legislative relief in the form of rent control and condominium-conversion laws to directly curb the influx of high-income residents; another makes use of rent vouchers and public housing to ameliorate the effects of displacement. This Article analyzes an alternative …
Hud And Housing In The 1990s: Crises In Affordability And Accountability, Michael Allan Wolf
Hud And Housing In The 1990s: Crises In Affordability And Accountability, Michael Allan Wolf
Fordham Urban Law Journal
“Half a century ago, in the Housing Act of 1949, Congress declared optimistically that every American should have access to safe, decent, affordable housing.3 In an effort to realize that ambitious objective, federal lawmakers have devised and bureaucrats have implemented a wide array of housing schemes. One commentator has provided nine categories for what he deems the ‘bewildering variety of housing-related programs:’ 1. a federally regulated mortgage finance system; 2. mortgage insurance; 3. interest rate subsidies to home owners, developers, and landlords; 4. tax deductions for mortgage interest; 5. special depreciation allowances for rental housing; 6. low-rent public housing; 7. …
Eviction Free Zones: The Economics Of Legal Bricolage In The Fight Against Displacement, Lawrence K. Kolodney
Eviction Free Zones: The Economics Of Legal Bricolage In The Fight Against Displacement, Lawrence K. Kolodney
Fordham Urban Law Journal
Gentrification, the influx of high-income dwellers into low-income neighborhoods, has in the past decade become a serious cause of concern to low-income tenants in older American cities. Although gentrification has had some positive effects, one important negative effect has been the displacement of existing neighborhood residents. Various schemes have been suggested to combat displacement caused by gentrification. One strategy entails seeking legislative relief in the form of rent control and condominium-conversion laws to directly curb the influx of high-income residents; another makes use of rent vouchers and public housing to ameliorate the effects of displacement. This Article analyzes an alternative …
Hud And Housing In The 1990s: Crises In Affordability And Accountability, Michael Allan Wolf
Hud And Housing In The 1990s: Crises In Affordability And Accountability, Michael Allan Wolf
Fordham Urban Law Journal
“Half a century ago, in the Housing Act of 1949, Congress declared optimistically that every American should have access to safe, decent, affordable housing.3 In an effort to realize that ambitious objective, federal lawmakers have devised and bureaucrats have implemented a wide array of housing schemes. One commentator has provided nine categories for what he deems the ‘bewildering variety of housing-related programs:’ 1. a federally regulated mortgage finance system; 2. mortgage insurance; 3. interest rate subsidies to home owners, developers, and landlords; 4. tax deductions for mortgage interest; 5. special depreciation allowances for rental housing; 6. low-rent public housing; 7. …
Nonsolicitation And Cease And Desist Orders Against Real Estate Brokers In New York, Aba Heiman
Nonsolicitation And Cease And Desist Orders Against Real Estate Brokers In New York, Aba Heiman
Fordham Urban Law Journal
This Article will trace the origin, growth and enforcement of nonsolicitation and cease and desist orders. Part II outlines the federal framework for dealing with discriminatory practices by real estate brokers. Section A focuses on "steering" the target of cease and desist orders-and illustrates the dilemma of both the victims and the brokers. Section B details blockbusting-the target of nonsolicitation orders. In discussing its genesis, financial operation, and sociological implications, this section also considers whether solicitation by brokers constitutes "commercial speech" protected by the first amendment. Section C briefly explores the effectiveness of section 1982 of the Civil Rights Act …
Illegal Lofts In New York City: Have The Equities Been Balanced, Jay Facciolo
Illegal Lofts In New York City: Have The Equities Been Balanced, Jay Facciolo
Fordham Urban Law Journal
In New York City today, tens of thousands of people,' primarily tenants, are illegally occupying lofts. These tenants have signed commercial leases, often long-term leases at rents far below the current market rate. The changing economics of loft buildings has led to serious conflicts between landlords and tenants. Landlords have sought to evict tenants before their leases expire, refused to renew their leases or demanded higher rental rates upon renewal. Tenants have withheld rent for extended periods. These conflicts have been taken to the courts, and legislation recently enacted in New York State attempts to resolve these issues for at …
The Rights Of Unmarried Cohabiting Couples To Housing In New York, Matthew G. Connolly
The Rights Of Unmarried Cohabiting Couples To Housing In New York, Matthew G. Connolly
Fordham Urban Law Journal
This Note examines the protections available to unmarried couples against housing discrimination under the marital status provision of the New York City and New York State Human Rights Laws. After a brief examnitation of cohabitation, this Note will review judicial and administrative construction of the Human Rights Law since its inception. This Note concludes by proposing that unwed couples be given the same protection as married couples under the marital status provision in the New York Human Rights Law. This proposition finds support in: (1) the statutory mandate that the Human Rights Law be liberally construed to accomplish its purspose, …
Gentrification: The Class Conflict Over Urban Space Moves Into The Courts, Harold A. Mcdougall
Gentrification: The Class Conflict Over Urban Space Moves Into The Courts, Harold A. Mcdougall
Fordham Urban Law Journal
Gentrification of inner-cities has resulted in a class conflict over urban space. An issue in the federal courts is whether the Department of Housing and Urban Development (HUD) can build, sponsor, or subsidize low income housing projects within or near revitalized neighborhoods. In Stryker's Bay Neighborhood Council v. Karlen, the United States Supreme Court held that HUD's decision-making process relating to the placement of low income housing is beyond judicial review. This Article reviews recent litigation in Philadelphia, Chicago and Boston in light of Stryker's Bay, and concludes that in order to protect federal efforts to maintain the integrated character …
An Evaluation Of New York Loft Conversion Law, William Eckstein
An Evaluation Of New York Loft Conversion Law, William Eckstein
Fordham Urban Law Journal
Prior to World War II, buildings of five to ten stories, called lofts, used to house small factories, dominated lower Manhattan. As these buildings were converted to residences after World War II, laws and regulations regarding conversion were enacted haphazardly. The New York state legislature is considering a bill, Article 7C, Legalization of Interim Multiple Dwellings, designed to address the inadequacies which characterize loft conversion laws. This Note analyzes the propriety of Article 7C by reviewing the evolution of New York loft conversion law. The viewpoints of tenants, landlords, and city officials are presented in separate sections. This Note concludes …
Emergency Tenant Protection In New York: Ten Years Of Rent Stabilization, Diane Ungar
Emergency Tenant Protection In New York: Ten Years Of Rent Stabilization, Diane Ungar
Fordham Urban Law Journal
New York City's rent stabilization system was designed as an alternative to the rent control system. Rent stabilization looked to the owners for supervision as a way to benefit not only the system but tenants through an informed and experienced administration. Unfortunately, the system has had its fair share of shortcomings as rules have become technical, complex, and ill equipped to address the concerns of tenants. This comment examines the stabilization system's history and its current status. Though the current system has flaws, the flaws can be fixed and must be to protect NYC tenants and owners.
Third Party Suits Under Section 3612 Of The Fair Housing Act Of 1968, Gary A. Grasso
Third Party Suits Under Section 3612 Of The Fair Housing Act Of 1968, Gary A. Grasso
Fordham Urban Law Journal
This note examines the Fair Housing Act of 1968 (1968 Act) which makes it unlawful, with certain exceptions, to discriminate in the sale or rental of private housing. In particular, the note examines the remedies available under Sections 3610 and 3612, which provide for the enforcement of the statute by private complainants. The note focuses on the issue of standing and the question of alternative use involving sections 3610 and 3612 of the 1968 Act, especially as to third party complainants. The note concludes that just as section 3610 was opened to plaintiffs arguing for the rights of third parties, …
New Judicial Approaches To Maintaining Housing Quality In The Cities, Eugenia K. Manning
New Judicial Approaches To Maintaining Housing Quality In The Cities, Eugenia K. Manning
Fordham Urban Law Journal
Virtually every member of the urban community is a party to a landlord-tenant relationship. As the general tenor of urban life in America changes, so must the laws which govern the urban dweller. For years the doctrine of caveat emptor prevented the tenant from forcing the landlord to make necessary repairs or to retain the leased premises in a habitable condition. The doctrine of constructive eviction afforded him little relief; and housing and sanitation codes, while achieving a measure of success, were generally ineffective. Only when conditions because unbearable did the law protect him. Increasingly, however, the trend has been …
Civil Rights - Housing Discrimination - Federal Courts May Order Metropolitan Area Remedy To Correct Wrongs Committed Solely Against City Residents Where Agencies Have Statutory Authority To Conduct Activities Outside The City Limits, Andres J. Valdespino
Fordham Urban Law Journal
This case note examines the United States Supreme Court's decision in Hills v. Gautreaux, 96 S. Cy. 1538 (1976), specifically the approval of a metropolitan area remedy as a valid form of federal relief. The case resulted from a class action suit against the Chicago Housing Authority (CHA) and the Department of Housing and Urban Development (HUD), alleging racially discriminatory public housing policies and practices. Although violations of the Fourteenth Amendment occurred within the Chicago city limits, the Supreme Court held that a metropolitan remedy which included the surrounding areas outside of the city boundaries was valid and that Milliken …
Neighborhood Preservation In New York City, Phillip Weitzman
Neighborhood Preservation In New York City, Phillip Weitzman
Fordham Urban Law Journal
The push to the suburbs, financed in large part by federal mortgage guarantees and highway construction moneys and bolstered by exclusionary zoning, has generated forces which tend to leave old urban neighborhoods in shambles. The syndrome of housing deterioration is well known. The dilemma of the deteriorating neighborhood is heightened in a city such as New York, where a large proportion of its population lives in old multiple family buildings. After almost forty years marked by a succession of programs designed to eliminate slums and blighted areas, New York City has concluded that its older neighborhoods must be protected from …
The New York City Housing Receivership And Community Management Programs, Mark Grossman
The New York City Housing Receivership And Community Management Programs, Mark Grossman
Fordham Urban Law Journal
Each year New York City landlords abandon buildings containing an estimated 10,000 apartments, forcing tenants to leave as the ownerless buildings plunge into decay. At least half of these buildings are structurally solid and might last several more decades if not abandoned. Most are found in areas where "problem" buildings- buildings which have a potential for abandonment- will most likely be found. New York City has instituted a number of programs for dealing with buildings which are headed toward abandonment. They include code-enforcement, emergency repair and receivership programs, foreclosure for nonpayment of property taxes, and rehabilitation programs involving municipal loans, …
Pointing The Way To Housing Quality, Alexander Cooper, Michael Kwartler, Charles Reiss
Pointing The Way To Housing Quality, Alexander Cooper, Michael Kwartler, Charles Reiss
Fordham Urban Law Journal
This article highlights the Urban Design Council's goals of promoting the highest economically feasible standard of quality in residential housing and seeking to stimulate beneficial development in cities. The article describes the current zoning plan in effect in New York City, proposes new approaches to improve housing quality by exploring the elements of "quality" and zoning as a means of achieving such quality housing.