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Articles 61 - 86 of 86
Full-Text Articles in Law
Three Principles For Federal Housing Policy, David J. Reiss
Three Principles For Federal Housing Policy, David J. Reiss
David J Reiss
Isolating first principles of housing policy helps identify what is intrinsic to that field. Once done, we can clearly analyze potential policy choices for housing specifically, as opposed to how they may contribute to some larger goal of social policy. Imposing some analytic structure here is of key importance because federal housing policy is a morass of programs and policies. This exercise should help to ensure that monies spent to increase the supply and quality of housing are used efficiently. I argue that the three first principles that inform federal housing policy are (i) allowing all Americans to live in …
Conceptual Objections To Taxing Resale Of Residential Property Under A Vat, Wei Cui
Conceptual Objections To Taxing Resale Of Residential Property Under A Vat, Wei Cui
Wei Cui
The “pre-collection” of tax on consumption benefits generated by durable assets such as housing plays a crucial role in both consumption tax theory and real-world tax regimes. However, even under current VAT systems with the widest tax bases, the taxation of imputed housing consumption is incomplete because pre-existing housing stock is typically not taxed when the VAT is introduced, and because housing value may appreciate after initial sale. In response, some have recommended taxing residential re-sale in order to capture previously untaxed consumption value. Such proposals have been critically examined in terms of their consistency with traditional VAT doctrines, but …
Moving Beyond Two-Person-Per-Bedroom: Revitalizing Application Of The Federal Fair Housing Act To Private Residential Occupancy Standards, Tim Iglesias
Tim Iglesias
Moving Beyond the Two-Person-Per-Bedroom Standard: Revitalizing Application of the Federal Fair Housing Act to Private Residential Occupancy Standards
Tim Iglesias
Abstract
New empirical evidence demonstrates that the common residential occupancy standard of two-persons-per-bedroom substantially limits the housing choices of many thousands of families, especially Latinos, Asians and extended families. The federal Fair Housing Act makes overly restrictive policies illegal, but the enforcement practices of the U.S. Department of Housing and Urban Development (HUD) have enabled the two-persons-per-bedroom standard to become de facto law. This article urges HUD to use its regulatory authority to remedy the situation and offers several solutions. …
Reflections On Fair Housing Law, Tim Iglesias
Reflections On Fair Housing Law, Tim Iglesias
Tim Iglesias
This presentation offered reflections on the state of fair housing law in light of numerous studies evaluating its effectiveness. It argues that while enforcement needs to be improved, fair housing advocates must also employ complementary strategies to reform social norms.
Foundations Of Federal Housing Policy, David J. Reiss
Foundations Of Federal Housing Policy, David J. Reiss
David J Reiss
Federal housing policy is heavily funded and made up of a morass of programs. This book chapter provides a taxonomy of goals for housing policy. The chapter first asks what the aim of housing policy is. In other words, what can a well-designed and executed housing policy achieve? The answer to this question is not at all clear-cut. Some argue that the aim of housing policy is to allow all Americans to live in safe, well-maintained and affordable housing. Others argue for a more modest aim – achieving an income transfer to low- and moderate-income families that mandates that the …
Lessons In Price Stability From The U.S. Real Estate Market Collapse, Andrea J. Boyack
Lessons In Price Stability From The U.S. Real Estate Market Collapse, Andrea J. Boyack
Andrea J Boyack
The U.S. residential housing market collapse illustrates the consequences of ignoring risk while funding mortgage borrowing. Collateral over-valuation was a foundational piece of the crisis. Over the past few decades, secondary markets, securitization, policy and psychology increased the flow of funds into real estate. At the same time, financial market segmentation divorced risk from reward. Increased mortgage capital availability, unmitigated by proper risk allocation, led to real estate price inflation. Social trends and government policies exacerbated both the mortgage capital over-supply and the risk-valuation disconnect.
The Dodd-Frank Act inadequately addresses the underlying asset valuation problem. Federal regulation may support market …
Power And Law, Bait And Switch: Debunking “Law” As A Tool Of Societal Change The Disappearing Act Of Affordable Housing In The District Of Columbia, Samuel Jefferson
Power And Law, Bait And Switch: Debunking “Law” As A Tool Of Societal Change The Disappearing Act Of Affordable Housing In The District Of Columbia, Samuel Jefferson
Samuel Jefferson Jr.
ABSTRACT
POWER AND LAW, BAIT AND SWITCH:
DEBUNKING “LAW” AS A TOOL OF SOCIETAL CHANGE
The Disappearing Act of Affordable Housing in the District of Columbia
by Samuel L. Jefferson, Jr.
I. Introduction
“It was a typical sunny, hot and hazy July afternoon in Washington, D.C. when I, as a 17-year-old, walked down the hill towards my apartment complex. As I approached, I noticed people gathered in the street in front of my building. I also noticed that someone had been evicted. As I moved closer, I noticed that the belongings were mine and my family’s. That’s when, at least …
• The Credit Crisis And Subprime Litigation: How Fraud Without Motive ‘Makes Little Economic Sense’, Peter Hamner
• The Credit Crisis And Subprime Litigation: How Fraud Without Motive ‘Makes Little Economic Sense’, Peter Hamner
Peter Hamner
The recent collapse of the financial markets spurred numerous lawsuits seeking a faulty party. Many plaintiffs argue that market participants committed securities fraud. They claim that deficient subprime loans caused the financial crisis. These risky loans were allegedly originated by banks to be sold off to third parties. The subprime loans were securitized and spread throughout the financial markets. The risk these loans presented was allegedly not disclosed to the buyers of the loans and securities on the loans. As these deficient loans and securities began to default the financial markets came to a halt. This article argues that securities …
First Principles For An Effective Federal Housing Policy, David J. Reiss
First Principles For An Effective Federal Housing Policy, David J. Reiss
David J Reiss
Federal housing policy is heavily funded and made up of a morass of programs. This article provides a taxonomy of goals for housing policy. The article first asks what the aim of housing policy is. In other words, what can a well-designed and executed housing policy achieve? The answer to this question is not at all clear-cut. Some argue that the aim of housing policy is to allow all Americans to live in safe, well-maintained and affordable housing. Others argue for a more modest aim – achieving an income transfer to low- and moderate-income families that mandates that the income …
Apartheid Baltimore Style: The Residential Segregation Ordinances Of 1910-1913, Garrett Power
Apartheid Baltimore Style: The Residential Segregation Ordinances Of 1910-1913, Garrett Power
Garrett Power
On May 15, 1911, Baltimore Mayor J. Barry Mahool signed into law an ordinance for “preserving the peace, preventing conflict and ill feeling between the white and colored races in Baltimore City.” This ordinance provided for the use of separate blocks by African American and whites and was the first such law in the nation directly aimed at segregating black and white homeowners. This article considers the historical significance of Baltimore’s first housing segregation law.
Squatters, Pirates, And Entrepreneurs: Is Informality The Solution To The Urban Housing Crisis?, Carmen G. Gonzalez
Squatters, Pirates, And Entrepreneurs: Is Informality The Solution To The Urban Housing Crisis?, Carmen G. Gonzalez
Carmen G. Gonzalez
Giving the poor legal title to the lands they occupy extra-legally (informally) has been widely promoted by the World Bank and by best-selling author Hernando de Soto as a means of addressing both poverty and the scarcity of affordable housing in the urban centers of the global South. Using Bogotá, Colombia, as a case study, this article interrogates de Soto’s claims about the causes of informality and the benefits of formal title. The article concludes that de Soto’s analysis is problematic in three distinct respects. First, de Soto exaggerates the benefits of formal title and fails to consider its risks. …
Domestic Violence, The Rucker Decision Interpretation Of 42 U.S.C. 1437d (1) (6), Sexual Harassment In Public Housing, And Municipal Violations Of The Eighth Amendment: Making Women Homeless And Keeping Them Homeless, Shirley D. Howell
Shirley D. Howell
I spent this past summer researching explanations for the rapidly increasing phenomenon of female homelessness in America. While personal deficiencies such as alcoholism, mental illness and previous incarceration account for some female homelessness, I concluded that domestic violence, a flawed interpretation of 42 U.S.C. 1437d(1)(6), sexual harassment in public housing, and municipal violations of the Eighth Amendment are pervasive, but less frequently recognized, causes of female homelessness.
This article examines the great poverty that has befallen so many women in America and its causes. Section I discusses homelessness statistically. Section II examines domestic violence, flawed judicial interpretations, and sexual harassment …
Misbehavior And Mistake In Bankruptcy Mortgage Claims, Katherine Porter
Misbehavior And Mistake In Bankruptcy Mortgage Claims, Katherine Porter
Katherine Porter
The greatest fear of many families in serious financial trouble is that they will lose their homes. Bankruptcy offers a last chance for families to save their homes by halting a foreclosure and by repaying any default on their mortgage loans over a period of years. Mortgage companies participate in bankruptcy by filing claims with the court for the amount of the mortgage debt. To retain their homes bankruptcy debtors must pay these amounts. This process is well-established and, until now, uncontroversial. The assumption is that the protective elements of the federal bankruptcy shield vulnerable homeowners from harm.
This Article …
Municipal Overreaching; Federal Preemption As It Applies To Town Ordinances Outlawing The Rental Of Housing To Undocumented Aliens, Hayden Patrick O'Byrne
Municipal Overreaching; Federal Preemption As It Applies To Town Ordinances Outlawing The Rental Of Housing To Undocumented Aliens, Hayden Patrick O'Byrne
Hayden Patrick O'Byrne
Within the past year or so a handful of towns around the United States have passed ordinances prohibiting undocumented aliens from renting housing. This paper explores how these ordinances are incompatible with the Federal Immigration Scheme and preempted by Federal Law.
Our Pluralist Housing Ethics And The Struggle For Affordability, Tim Iglesias
Our Pluralist Housing Ethics And The Struggle For Affordability, Tim Iglesias
Tim Iglesias
Building on recent scholarship, this Article explores the five “housing ethics” that have historically shaped U.S. housing law and policy: (1) housing as an economic good, (2) housing as home, (3) housing as a human right, (4) housing as providing social order, and (5) housing as one land use in a functional system. The “housing ethic” framework brings all of America’s housing law and policy under one conceptual roof. The Article argues that each of these housing ethics is deeply embedded in American housing policy and law, and that none has ever achieved a complete hegemony, i.e., that coexistence and …
Property And Radically Changed Circumstances, John Lovett
Property And Radically Changed Circumstances, John Lovett
John Lovett
Although Hurricane Katrina altered our national dialogue about many issues, few scholars have addressed whether the storm changed thinking about fundamental property relationships. This article fills that void in two ways. First, it creates a theoretical framework for understanding property law in the context of events producing radically changed circumstances. It does this by defining these events, exploring the mismatch between property law’s traditional focus on stability and environments of radical change, creating a taxonomy of property relationships tailored for this exploration, describing typical problems confronted after an event of radical change, and finally developing a set of normative criteria …
The Houses That Eminent Domain And Housing Tax Credits Built: Imagining A Better New Orleans, Serena M. Williams, Carol N. Brown
The Houses That Eminent Domain And Housing Tax Credits Built: Imagining A Better New Orleans, Serena M. Williams, Carol N. Brown
Serena M Williams
No abstract provided.
Rural Housing And Code Enforcement: Navigating Between Values And Housing Types, Ezra Rosser
Rural Housing And Code Enforcement: Navigating Between Values And Housing Types, Ezra Rosser
Ezra Rosser
This paper focuses on the relationship between rural housing and building codes. The paper covers the relationship between the existing urban based literature on housing conditions and the rural housing situation as well as a theoretical exploration of different ways of understanding value in housing. Finally, two rural case studies - the Navajo Nation and a small Colorado subdivision - illustrate the challenges of rural housing code enforcement and demonstrate how officials could benefit from the model.
Statement Of Jeanne M. Woods And Hope Lewis Prepared For The Hearings Of The United Nations Special Rapporteur On Extreme Poverty, Dr. Arjun Sengupta On The Aftermath Of Hurricane Katrina, Hope Lewis, Jeanne Woods
Statement Of Jeanne M. Woods And Hope Lewis Prepared For The Hearings Of The United Nations Special Rapporteur On Extreme Poverty, Dr. Arjun Sengupta On The Aftermath Of Hurricane Katrina, Hope Lewis, Jeanne Woods
Hope Lewis
This Statement was submitted to the UN Independent Expert on Human Rights and Extreme Poverty, Dr. Arjun Sengupta in the aftermath of the Hurricane Katrina disaster on the Gulf Coast of the United States in 2005. The Statement, submitted during the Independent Expert’s fact-finding visit, expresses concern about the extensive and alarming human rights implications of United States federal, state and local government policy and activities before, during, and after Hurricane Katrina. The Statement argues that the inadequate response of government officials at all levels reflects the impact of “globalization in miniature” on the poor and other vulnerable and subordinated …
Clarifying The Federal Fair Housing Act's Exemption For Reasonable Occupancy Restrictions, Tim Iglesias
Clarifying The Federal Fair Housing Act's Exemption For Reasonable Occupancy Restrictions, Tim Iglesias
Tim Iglesias
This article argues that a deceptively simple “exemption” to the 1988 Fair Housing Act Amendments (FHAA) for “reasonable” governmental occupancy standards has been misinterpreted by numerous courts, particularly by the Sixth Circuit in Affordable Housing Advocates v. City of Richmond Heights, 209 F.3d 626 (6th Cir. 2000). This misinterpretation undercuts the protection from housing discrimination that the FHAA provides for families, especially families of color. This article sorts through the confusion about the “exemption,” provides a step-by-step analysis for courts’ application of the exemption, and offers two plausible versions of a “reasonable” standard.
Refreshing The Heart Of The City: Vacant Building Receivership As A Tool For Neighborhood Revitalization And Community Empowerment, James Kelly
James J. Kelly Jr.
Vacant Building Receivership is a building code enforcement tool that dispossesses and forecloses on owners of vacant buildings who are unwilling or unable to bring their derelict properties into basic conformity with basic building codes. This article examines vacant building receivership as a tool for ensuring the renovation of vacant buildings and as a means by which communities can develop increased confidence in and control of residential development in their neighborhoods. After discussing the need for a vacant house strategy tailored to support mid-level urban neighborhoods, the article, in its second section, will analyze how Baltimore's vacant building receivership remedy …
Housing Impact Assessments: Opening New Doors For State Housing Regulation While Localism Persists, Tim Iglesias
Housing Impact Assessments: Opening New Doors For State Housing Regulation While Localism Persists, Tim Iglesias
Tim Iglesias
America’s housing crisis is serious, pervasive and chronic. It burdens people of color and low-income households most severely, but is now recognized to hinder millions of moderate-income households and full-time workers in mainstream occupations. Past and current housing policies have not solved our chronic housing crisis. This article seeks to open up states’ housing policy to new possibilities through the application of a regulatory regime that helped turn around America’s environmental policies.
The fundamental problem underlying our housing crisis is the failure of local governments to consistently integrate housing concerns into the full range of land use policies and decisions …
Sprawl, Growth Boundaries And The Rehnquist Court , Michael E Lewyn
Sprawl, Growth Boundaries And The Rehnquist Court , Michael E Lewyn
Michael E Lewyn
This article addresses the constitutionality and wisdom of Oregon's urban growth boundary (UGB) program. The article concludes that the program is constitutional under current precedent, and that (contrary to claims made by UGB critics) there is little evidence that the UGB has caused Oregon's runup in housing prices. On the other hand, UGB supporters may have exaggerated the UGB's positive environmental results.
Managing Local Opposition To Affordable Housing: A New Approach To Nimby, Tim Iglesias
Managing Local Opposition To Affordable Housing: A New Approach To Nimby, Tim Iglesias
Tim Iglesias
The development of affordable housing and services for low and moderate income households has been plagued by “local opposition” (commonly referred to as the not-in-my-back-yard or “NIMBY” syndrome) for decades. Many affordable housing developers view local opposition is the most important barrier to development after insufficient subsidy. A hardening of racial and economic attitudes and increasing opposition to growth and development of all kinds suggest that local opposition is likely to remain and even get worse. Based upon the experience of two successful multi-year regional projects to confront local opposition in the San Francisco Bay Area, this article proposes a …
How We Got Where We Are: The Lessons Of History, David J. Reiss
How We Got Where We Are: The Lessons Of History, David J. Reiss
David J Reiss
No abstract provided.
The Need For Affordable Housing: The Constitutional Viability Of Inclusionary Zoning, Serena Williams
The Need For Affordable Housing: The Constitutional Viability Of Inclusionary Zoning, Serena Williams
Serena M Williams
No abstract provided.