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Articles 1 - 16 of 16
Full-Text Articles in Law
Recent Development: Assategue Coastal Trust, Inc. V. Schwalbach: An Applicant Must Satisfy The "Unwarranted Hardship" Standard To Be Granted A Variance; The Variance Must Have No Adverse Impact On The Environment And Conform To The Purpose Of The Critical Area Program, Michael Louis Brown
University of Baltimore Law Forum
The Court of Appeals of Maryland held that the Worchester County Board properly applied the “unwarranted hardship” standard and correctly granted a variance under local critical area law. Assateague Coastal Trust, Inc. v. Schwalbach, 448 Md. 112, 140, 136 A.3d 866, 882 (2016). The court held that the variance would not have an adverse impact on the environment and the development was in conformity with the Critical Area Program’s purpose and intent. Schwalbach, 448 Md. at 143-44, 136 A.3d at 883.
Recent Developments: Are Land Contracts Preying On Low-Income Buyers Or Do They Offer A Different Avenue For Home Ownership?, Christopher Barron
Recent Developments: Are Land Contracts Preying On Low-Income Buyers Or Do They Offer A Different Avenue For Home Ownership?, Christopher Barron
University of Baltimore Journal of Land and Development
As of May 2016, the Consumer Financial Protection Bureau (CFPB) has announced an investigation into the practice of land contracts and compliance with federal truth and lending laws. The CFPB’s investigation is in response to the increasing number of reports from organizations, such as the National Consumer Law Center (NCLC), condemning land contracts for their predatory nature and disparate impact on low-income buyers, specifically those of color. Furthermore, land contracts have been labeled as “Wall Street’s Toxic Transactions” because of large wall street investment groups utilizing them for their own capital gain. Land contracts have been vilified for luring unsuspecting …
Superiority Of Remediation Liens: A Cure To The Virus Of Blight, Marilyn Uzdavines
Superiority Of Remediation Liens: A Cure To The Virus Of Blight, Marilyn Uzdavines
University of Baltimore Law Review
Blight in a neighborhood is like a virus that spreads throughout the community. If left unchecked, that virus will destroy the community. In cities like Detroit, the spread of blight has ruined the economy and led to a dramatic plunge in population and the underfunding of city services. Blighted communities have transformed into vast swathes of abandoned properties that attract crime and create hazardous conditions to anyone who dares to remain in them. Although cities like Detroit have received exceptional media attention due to their overwhelming problems, blight continues to affect Detroit and communities in many states across the United …
Comments: Private Investment: Trojan-Horse Or Shining Knight For America's Public Housing Stock, Andrew Balashov
Comments: Private Investment: Trojan-Horse Or Shining Knight For America's Public Housing Stock, Andrew Balashov
University of Baltimore Journal of Land and Development
The numbers are staggering. The nation's largest public housing authorities ("HA's") are in a state of crisis as a result of massive budget shortfalls. The Department of Housing and Urban Development (HUD) estimates it would take roughly $26 billion to remedy the problem. To put this in perspective, in 2014 the New York City Public Housing Authority had a $77 million deficit and $18 billion worth of "unfunded capital improvements," - a euphemism for basic upgrades to building systems such as water, heat, air conditioning, and elevators. At present, many of these systems are woefully below acceptable livability standards. This …
Comments: An Unnecessary "Solution": High-Performance Market-Rate Rental Housing, David Hornstein
Comments: An Unnecessary "Solution": High-Performance Market-Rate Rental Housing, David Hornstein
University of Baltimore Journal of Land and Development
On April 11, 2013, new rules and regulations regarding Baltimore City's property tax credits became effective. Similar to the payments in lieu of taxes program (PILOT), Baltimore City has enacted rules and regulations that afford property owners a major tax credit for developing and, or converting current buildings into high-performance market-rate rental housing. Baltimore City Mayor, Stephanie Rawlings- Blake, is optimistic about the tax credit, believing the credit will spur development within Baltimore City. The city believes that development projects will attract new residents to Baltimore City, as well as deter current residents from leaving the city for areas that …
Settlement Equals Another Missed Opportunity For The Supreme Court To Define Disparate Impact Claims Under The Fair Housing Act, Erika Flaschner
Settlement Equals Another Missed Opportunity For The Supreme Court To Define Disparate Impact Claims Under The Fair Housing Act, Erika Flaschner
University of Baltimore Journal of Land and Development
In 2003, the New Jersey Township of Mount Holly designated a neighborhood known as the Gardens as a blighted, high crime area, and called for its redevelopment. The Township adopted a plan to demolish the Gardens and replace it with new residential units, of which only a fraction were designated for affordable housing. However, the predominately minority population of the Gardens filed suit to overturn the blight designation and stop the redevelopment plan on the grounds that the plan violated the Fair Housing Act (FHA) on a disparate impact theory.
Comments: Baltimore City's Green Building Standards, Building Towards An Uncertain Future, Gregory Franklin
Comments: Baltimore City's Green Building Standards, Building Towards An Uncertain Future, Gregory Franklin
University of Baltimore Journal of Land and Development
In August 2007 the Baltimore City Council passed Council Bill 07-0602 mandating that newly built and "extensively modified" buildings over 10,000 square feet comply with "Green Building Standards." This law is considered among the first and most extensive green building codes to be passed so far in the United States. This law has not surprisingly sparked praise and criticism. While the law has been praised for its potential environmental benefits, it has also been criticized on the grounds that it is stricter than the laws of surrounding jurisdictions and has made building in Baltimore excessively expensive. Moreover, the law has …
Promise Vs. Performance: Why Public Subsidies Of Private Development Are Not Likely To Produce Fair Returns To The Taxpaying Public, Marc Knapp
University of Baltimore Journal of Land and Development
On September 10, 2013, the Baltimore City Council gave final approval to Harbor Point, a $1 billion multi-use project to be built on a vacant, remediated brownfield that juts into Baltimore's Inner Harbor. Like many urban development or redevelopment projects, Harbor Point will be supported by significant taxpayer subsidies. Between a $107 million direct investment in project-related infrastructure largely parks that will surround the to-be-built offices, shops and residences, and a waterfront promenade - along with a mixed bag of real estate and income tax incentives, the visible public support to Harbor Point will exceed $200 million, 20% of projected …
Thank You Sir, May I Have Another: The Issue Of The Unsustainablity Of Low Income Housing Tax Credits And Proposed Solutions, John Baber
University of Baltimore Journal of Land and Development
The Federal Low-Income Housing Tax Credit (LIHTC) program is currently the nation's largest federal subsidy for the development and rehabilitation of affordable housing, having created or preserved over 2.5 million housing units and distributed over $7.5 billion in federal tax credits to developers of and investors in affordable housing from the program's inception in 1986 through 2007. However, despite its monumental size and impact, the program has some potentially fatal flaws that threaten the long-term financial and physical viability of the very affordable housing that it creates, and threatens the health of the neighborhoods that it is created in. Affordable …
Taking On Water: Local Government, Eminent Domain, And The Foreclosure Crisis, Brian Cullin
Taking On Water: Local Government, Eminent Domain, And The Foreclosure Crisis, Brian Cullin
University of Baltimore Journal of Land and Development
The 2008 Financial Crisis and the ensuing Great Recession sent shockwaves throughout the U.S. and global economy, wreaking havoc from Wall Street to Main Street. The Crisis harkened economic contraction, high unemployment, and elevated rates of home foreclosure. While the financial industry recovered, spelling an end to one crisis, another continues - the Foreclosure Crisis. The rate of home foreclosure, already ominously on the rise before 2008 and growing in intensity and breadth in the aftermath of the Financial Crisis, provides the foundation for this paper. This article examines an innovative public-private partnership between a private firm, Mortgage Resolution Partners …
Recent Development: Hamilton V. Kirson: The Court Of Appeals Of Maryland Held That Circumstantial Evidence Offered To Satisfy The Causation Element Of A Prima Facie Claim Of Negligence In Lead Paint Cases Must Demonstrate A Reasonable Probability, Not Mere Possibility, That The Subject Property Was The Cause Of The Lead Exposure, Matthew Stegman
University of Baltimore Law Forum
The Court of Appeals of Maryland held, in two consolidated cases, that circumstantial evidence presented to prove injuries from lead paint exposure was insufficient to survive a motion for summary judgment on the issue of causation.
Comments: Equitable Subrogation In Maryland Mortgages And The Restatement Of Property: A Historical Analysis For Contemporary Solutions, Gregg H. Mosson
Comments: Equitable Subrogation In Maryland Mortgages And The Restatement Of Property: A Historical Analysis For Contemporary Solutions, Gregg H. Mosson
University of Baltimore Law Review
No abstract provided.
"Property And Law Are Born And Must Die Together"': The Honorable Dale R. Cathell's Philosophy Of Individual Property Rights And The Government In The Court Of Appeals And The Court Of Special Appeals, 1989-2007, Lynne A. Battaglia
University of Baltimore Law Review
No abstract provided.
Notes: When A Contract For The Purchase Of Land Is Executed Prior To The Initiation Of A Suit Involving The Propertys Title, Lis Pendens May Be Precluded From Affecting The Purchaser's Interest Under The Doctrine Of Equitable Conversion. Deshields V. Broadwater, 338 Md. 422, 659 A.2d 300 (1995), Christopher J. Marchand
University of Baltimore Law Review
No abstract provided.
Notes: Commercial Law — Consumer Protection Act — Landlord-Tenant — Remedies — Private Action By Tenant Under Maryland's Consumer Protection Act Requires Demonstration Of Actual Loss Or Injury, I.E., Diminution In Rental Value, In Order To Justify Restitutionary Award Of Rents Paid For The Lease Of Unlicensed Residential Property. Citaramanis V. Hallowell, 328 Md. 142, 613 A.2d 964 (1992), Michael B. Macwilliams
University of Baltimore Law Review
No abstract provided.
Comments: The Continued Expansion Of The Public Use Requirement In Eminent Domain, Jonathan Neal Portner
Comments: The Continued Expansion Of The Public Use Requirement In Eminent Domain, Jonathan Neal Portner
University of Baltimore Law Review
No abstract provided.