Law Commons^™

Law & Neighborhood Names, Nestor M. Davidson, Dave Fagundes

Faculty Scholarship

This Article provides a novel investigation of how law both enables and constrains the ability of city residents to claim, name, and often rename their neighborhoods. A rich interdisciplinary dialogue in areas such as geography and sociology has emerged on the significance of place names, but this literature has largely ignored the legal dimensions of the phenomenon, with its implications for urban governance, belonging, and community conflict. This Article’s empirical exploration of the role of law in change and conflict regarding neighborhood identity thus advances the discourse both for legal scholars focused on urban dynamics and across disciplines.

From gentrification …

Responding To The Subprime Mess: The New Regulatory Landscape, David Schmudde

Fordham Journal of Corporate & Financial Law

No abstract provided.

A "Tic"Ing Time Bomb: Rule 506 Meets Section 1031, Elizabeth A. Whitman

Fordham Journal of Corporate & Financial Law

No abstract provided.

A Requiem For Blockbusting: Law, Economics, And Race-Based Real Estate Speculation, Dmitri Mehlhorn

Fordham Law Review

No abstract provided.

Race, Space, And Place: The Relation Between Architectural Modernism, Post-Modernism, Urban Planning, And Gentrification, Keith Aoki

Fordham Urban Law Journal

Since the early 19th century, American city planning and architectural design has sought to reconcile the city with the countryside. During the late 19th and early 20th centuries, city planning focussed on bringing elements of the country to the urban landscape, while for much of the 20th century architectural designs sought to make the city more accessible to suburbanites. Both approaches to urban planning were based on architectural modernism, which led to city development plans that reflected developers' subjective value laden biases about urban life. The result was significant urban decay as zoning regulations and utilitarian city planning resulted in …

Potential Liability For Misrepresentations In Residential Real Estate Transactions: Let The Broker Beware, Dawn K. Mcgee

Fordham Urban Law Journal

While the caveat emptor (buyer beware) theory has traditionally applied to real estate purchases, courts are continuously recognizing a brokers' duty to disclose. Some courts have found duty under an agent-principal relationship; others have found a duty as a matter of public policy, statutory language, ethics codes, or malpractice case law. Courts also differ on whether brokers have a duty to investigate the property and disclose defects. The author recognizes three issues of broker liability about which courts are divided: (1) the level of culpability required to find broker liability; (2) the basis of a real estate broker's duty to …

Effects Of Legislation On The Reverse Annuity Mortgage As A Means Of Home Equity Control, Dorothy E. Cumby

Fordham Urban Law Journal

This student note explores the plight of elderly home-owners whose income cannot meet their expenses, and the federal legislation designed to meet their needs, specifically the Reverse Annuity Mortgage (RAM), which draws on home equity to provide monthly cash payments to homeowners. The author explains the legislation authorizing the RAM, describes the pros and cons of different forms of the RAM for elderly homeowners, and suggests modifications that will allow homeowners maximum support without sacrificing their other sources of income, such as Social Security payments and tax benefits. The author also explores New York state legislation dealing with the RAM, …

New York City's J-51 Program: Controversy And Revision, Debra S. Vorsanger

Fordham Urban Law Journal

New York City administers a real estate tax incentive program, called the J-51 program, for eligible building owners who rehabilitate existing structures. Despite the need for such a program, various problems and abuses arose, emphasizing the need for major reform. Economic conditions changed the housing market and the tax incentives demonstrated several deleterious effects which contravene the original legislative intent of the program. After long negotiations surrounding several competing arguments, reforms were made. The current revisions were necessary to correct the abuses and to return the program to its original purpose of providing adequate housing for moderate and lower income …

Sale-Leaseback Transactions By Tax-Exempt Entities And The Need For Congressional Guidelines, William L. Vallee, Jr., William L. Vallee, Jr., William L. Vallee, Jr., William L. Vallee, Jr.

Fordham Urban Law Journal

This Note explores the use, mechanics, and financial and tax ramifications of sale-leaseback transactions, focusing on their growing use by tax-exempt entities and the concerns this use has created in Congress. This analysis demonstrates that these transactions do not pose the problems feared by Congress, the Treasury Department (IRS), and the current Administration. Furthermore, it will show that under most circumstances sale-leaseback transactions by tax-exempt entities, although causing a revenue loss, are a useful device for providing certain tax-exempt entities with the financial means to maintain services in the face of rising costs and the withdrawal of federal funding. Finally, …

Examining Cooperative Conversion: An Analysis Of Recent New York Legislation, Robert M. Nelson

Fordham Urban Law Journal

New York City contains ninety-five percent of the cooperative housing units in the United States. While there are historical and social factors for this statistic, a specific factor is the New York State Legislature's support of conversion of residential real estate from rental to cooperative ownership. Specifically, the "Goodman-Grannis" bill provides a method whereby developers may convert residential rental housing in New York City to cooperative housing without obtaining an agreement to purchase a cooperative apartment from any of the existing tenants. Under this method, tenants who do not desire to purchase their apartments as cooperatives may remain in the …

Construction Loan Advances And The Subordinated Purchase Money Mortgagee: An Appraisal, A Suggested Approach, And The Ulta Perspective, Gerald Korngold

Fordham Law Review

No abstract provided.

The Regulation Of Rental Apartment Conversions, Constance W. Cranch

Fordham Urban Law Journal

This Comment examines the increasing rate of apartment buildings being converted to condominiums and cooperatives. It take a critical look at the the benefits and drawbacks of conversion for both landlords and tenants. Finally, the Comment argues that legislation should be passed in order to ensure that landlords can reap the benefits of conversion while seeing that the hardship on low-income and elderly tenants is mitigated.

Lawyer-Controlled Title Insurance Companies: Legal Ethics And The Need For Insurance Department Regulation, H. Lee Roussel, Moses K. Rosenberg

Fordham Law Review

No abstract provided.

Lawyer-Controlled Title Insurance Companies: Legal Ethics And The Need For Insurance Department Regulation, H. Lee Roussel, Moses K. Rosenberg

Fordham Law Review

No abstract provided.

Condominium Renovation, Amy R. Piro

Fordham Urban Law Journal

As a result of deterioration or obsolescence of condominium premises, unit owners often decide to renovate. These decisions may raise questions significantly different from those encountered in dealing with ordinary condominium expenses. These include matters such as required authorization, protection of dissenters' rights, and financing. This article explores some of these problems and suggests possible solutions. The author concludes that present law, including statues and condominium association bylaws, should differentiate between renovation expenses and those arising from ordinary maintenance and repairs, and should permit special authorization and financing arrangements for renovations.

Symposium, Creditors' Rights, The Bankrupt Estate, Taxable Income And The Trustee In Bankruptcy, Sydney Krause, Arnold Y. Kapiloff

Fordham Law Review

No abstract provided.

Title Insurance And Marketable Title

Fordham Law Review

No abstract provided.

Real Estate Investment Trusts: Problems And Prospects, Theodore Lynn

Fordham Law Review

No abstract provided.

The Real Estate Investment Trust: State Law Problems

Fordham Law Review

No abstract provided.

Books Received

Fordham Law Review

No abstract provided.

The Doctrine Of Lateral Support In New York, Stanley S. Green

Fordham Law Review

No abstract provided.

Recent Decisions

Fordham Law Review

No abstract provided.

Periodic Tenancies – Regulation By Statute, Philip Marcus

Fordham Law Review

No abstract provided.

Book Reviews

Fordham Law Review

No abstract provided.

Recent Decisions

Fordham Law Review

No abstract provided.