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Articles 1 - 30 of 684
Full-Text Articles in Law
White Paper - Sustainable Housing For Downtown Jacksonville, Jose David Caicedo Gallego
White Paper - Sustainable Housing For Downtown Jacksonville, Jose David Caicedo Gallego
Dean's Leadership Council Library Research Prize
This paper examines the issue of sustainable housing in downtown Jacksonville, focusing on the role of the Downtown Investment Authority (DIA). Established in 2012, the DIA serves to drive growth, and dynamic several aspects in the downtown core. The paper delves into the impacts of the lack of affordable housing on residents, businesses, and visitors, highlighting its implications for health, well-being, and economic prosperity. Drawing on scholarly research and empirical evidence, it exposes the importance of housing policies as determinants of health and advocates for integrated approaches to housing development. Additionally, the paper provides data-driven insights into population demographics, housing …
How Summary Eviction Proceedings Fail Individuals Facing Housing Discrimination, Katherine Alonzo
How Summary Eviction Proceedings Fail Individuals Facing Housing Discrimination, Katherine Alonzo
ERSJ Blog
Every year, over three million American households are threatened with eviction from their homes. The consequences of eviction are “dire” and affect “every facet of life” that go beyond someone’s physical safety and livelihood. For instance, evictions may leave people unhoused, “[fracture] the integrity of their families, [crush] their livelihoods, [damage] their mental and physical health and their safety, [deprive] them of their place in community and, ultimately, [tear] apart the fabric of their communities.” While Americans of all backgrounds face evictions, there are often large racial, ethnic, and gender disparities among those who face eviction with Black Americans, women, …
Sidewalk Government, Michael C. Pollack
Sidewalk Government, Michael C. Pollack
Articles
This Article is about one of the most used, least studied spaces in the country: the sidewalk.
It is easy to think of sidewalks simply as spaces for pedestrians, and that is exactly how most scholars, policymakers, and laws treat them. But this view is fundamentally mistaken. In big cities and small towns, sidewalks are also where we gather, demonstrate, dine, exercise, rest, and shop. They are host to commerce and infrastructure. They are spaces of public access and sources of private obligation. And in all of these things, sidewalks are sites of under-appreciated conflict. The centrality of sidewalks in …
Do Americans Support More Housing?, Michael Lewyn
Do Americans Support More Housing?, Michael Lewyn
Scholarly Works
An analysis of opinion poll data on housing issues. The article finds that Americans generally believe that their community needs more housing of all types, but are more closely divided about whether such housing should be in their own neighborhoods. The article further finds that members of minority groups, lower-income Americans, and younger Americans are more pro-housing than older, affluent whites.
Closing The Renter-Sized Gap In The Inflation Reduction Act: How Housing Policy Can Help Climate Legislation Achieve Environmental Justice, Madison M. Schettler
Closing The Renter-Sized Gap In The Inflation Reduction Act: How Housing Policy Can Help Climate Legislation Achieve Environmental Justice, Madison M. Schettler
Connecticut Law Review
The passage of the Inflation Reduction Act (IRA) in August 2022 was an important step forward in American climate policy. The Act is essential to the United States’ goal of effective climate change mitigation efforts, and other countries have even begun to use it as a model for climate mitigation. The Inflation Reduction Act (IRA) provides the framework by which the United States will transition away from fossil fuels and move towards an energy grid powered predominantly by renewable sources. For the first time, the Act addresses head-on the climate and environmental injustices that exist in the United States due …
Reflections On Arlington Heights: Fifty Years Of Exclusionary Zoning Litigation And Beyond, Robert G. Schwemm
Reflections On Arlington Heights: Fifty Years Of Exclusionary Zoning Litigation And Beyond, Robert G. Schwemm
Law Faculty Scholarly Articles
Fifty years ago, when I was two years out of law school, I began work on a case—Metropolitan Housing Development Corp. v. Village of Arlington Heights—that was destined to take on epic proportions in the housing discrimination field. The case started with a complaint filed in 1972, shortly before I joined the plaintiffs’ legal team, and was not finally resolved until 1980, after I’d left that team to become a law professor. During the seven years that I worked on the Arlington Heights case, it produced a major Supreme Court decision on standing and the Fourteenth Amendment’s Equal Protection Clause3 …
New York City Relaxing Environmental Review Rules For Housing Construction, Michael B. Gerrard
New York City Relaxing Environmental Review Rules For Housing Construction, Michael B. Gerrard
Faculty Scholarship
Faced with a severe housing shortage, New York City is exempting the construction of much new housing from the environmental review processes and taking many other steps to encourage such construction throughout the city. Several of these moves will also help the transition away from fossil fuels to renewable energy.
Policy Brief, Zachary Owen
Policy Brief, Zachary Owen
Dean's Award for Excellence in Undergraduate Scholarship
The US grapples with a housing crisis, exacerbated in part by a shortage of conventional mortgage loans. Data from 2020 reveals a severe racial disparity, with 27.1% of Black mortgage applicants denied compared to only 13.6% of White mortgage applicants. These denial trends are highly correlated with homeownership rates. Current trends in homeownership by race mirror or exceed those present during the discriminatory practices of the 1960s. Lenders often cite low credit scores and high debt-to-income ratios as grounds for denial. Therefore, proposed solutions include mandating the inclusion of rental payment history in credit scores, offering free homebuying education, and …
Housing Discrimination And Negative Attitudes Towards Ex-Offender Parents, Julie Wertheimer-Meier
Housing Discrimination And Negative Attitudes Towards Ex-Offender Parents, Julie Wertheimer-Meier
Department of Psychology: Dissertations, Theses, and Student Research
While the Fair Housing Act prohibits housing discrimination because of race, gender, religion, sex, disability, family status, and national origin, it allows housing providers to discriminate on the basis of criminal history. Prior research shows that housing providers disproportionately deny housing to ex-offender applicants and single parent applicants with young children. An ex-offender parent’s inability to acquire safe and affordable housing decreases the potential for reunification with their children and increases the risk of lost custody or parental rights termination. This dissertation consisted of two experiments that examined the effects of negative attitudes towards ex-offender parents on those parents’ ability …
Eviction Sealing Should Top New Mexico’S Legislative Housing Agenda, Allison Freedman
Eviction Sealing Should Top New Mexico’S Legislative Housing Agenda, Allison Freedman
Faculty Scholarship
In January 2023, the White House released a Blueprint for a Renters Bill of Rights, which called for immediate sealing of eviction case filings—often referred to as “Scarlet E’s”—to help reduce the likelihood that tenants would be “locked out of future housing opportunities without the chance to defend themselves.”
Appraisal Discrimination: Five Lessons For Litigators, Heather R. Abraham
Appraisal Discrimination: Five Lessons For Litigators, Heather R. Abraham
Journal Articles
Appraisal discrimination not only persists, but its influence has actually increased in some housing markets. New studies document how contemporary appraisal methods operate as systemic racism, such as how appraisers select from a narrower set of comparable properties when appraising homes in predominantly Black neighborhoods. Recent events have renewed public attention to appraisal discrimination, from shocking news stories to a new multiagency federal task force. In tandem, a new wave of litigation has emerged. This Article examines litigation as one element of a multifaceted approach to combatting appraisal discrimination. After examining the weaknesses of the regulatory framework governing appraisals, this …
Learning From Land Use Reforms: Housing Outcomes And Regulatory Change, Noah Kazis
Learning From Land Use Reforms: Housing Outcomes And Regulatory Change, Noah Kazis
Law & Economics Working Papers
This essay serves as the introduction for an edited, interdisciplinary symposium of articles studying recent land use reforms at the state and local level. These papers provide important descriptive analyses of a range of policy interventions, using quantitative and qualitative methods to provide new empirical insights into zoning reform strategies.
After situating and summarizing the collected articles, the Introduction draws out shared themes. For example, these essays demonstrate the efficacy of recent reforms, not only at facilitating housing production but at doing so in especially difficult contexts (like when producing affordable housing and redeveloping single-family neighborhoods). They point to the …
Conceptualizing Condominium Law And Children: Comparing The State Of Strata Titles Law In New South Wales And Singapore, Hang Wu Tang
Conceptualizing Condominium Law And Children: Comparing The State Of Strata Titles Law In New South Wales And Singapore, Hang Wu Tang
Research Collection Yong Pung How School Of Law
Purpose: This article conceptualises the legal relations embedded within condominium housing and the various theories of property ownership to ascertain how children’s interest fit within this framework. The laws of two jurisdictions, New South Wales and Singapore are examined to determine how their strata law responds when children’s safety is at stake. Design/methodology/approach: A comparative method using case law, statutes and secondary literature across both jurisdictions is adopted. This article also draws on various theories of property ownership. Findings: Drawing on pluralist moral theories of property law, the thesis advanced is that children’s issues within condominiums should not be subject …
2023 Champions For Justice 1-27-2023, Roger Williams University School Of Law
2023 Champions For Justice 1-27-2023, Roger Williams University School Of Law
School of Law Conferences, Lectures & Events
No abstract provided.
2023 Racial Justice Challenge: Housing Law, Roger Williams University School Of Law
2023 Racial Justice Challenge: Housing Law, Roger Williams University School Of Law
School of Law Conferences, Lectures & Events
No abstract provided.
Seeing Like A Chocolate City: Reimagining Detroit’S Future Through Its Past, Sheila R. Foster
Seeing Like A Chocolate City: Reimagining Detroit’S Future Through Its Past, Sheila R. Foster
Georgetown Law Faculty Publications and Other Works
This essay is part of an online symposium on Michelle Wilde Anderson's “The Fight to Save the Town.” In it, Anderson captures how the rise and fall of Detroit maps onto so many other important cultural, political, social, and economic moments of the twentieth century. As Anderson rightly notes, many of the ways in which the city’s history is commonly told represent a “white gaze on Detroit.” What this narrative often leaves out is the critical role of the Black middle and professional class in stabilizing or holding up the city during the period often associated with the city’s decline. …
The Scarlet Letter "E": How Tenancy Screening Policies Exacerbate Housing Inequity For Evicted Black Women, Yvette N.A. Pappoe
The Scarlet Letter "E": How Tenancy Screening Policies Exacerbate Housing Inequity For Evicted Black Women, Yvette N.A. Pappoe
Journal Articles
The COVID-19 pandemic resulted in an unprecedented health and economic crisis in the United States. In addition to more than nine hundred thousand deaths in the United States and counting, another kind of crisis emerged from the pandemic: an eviction crisis. In August 2020, an estimated thirty to forty million people in America were at risk of facing eviction by the end of the year. Black women renters faced a higher risk of losing their homes than other groups. At the onset of the pandemic, the federal government implemented eviction moratoria to prevent the evictions of tenants who were unable …
Corporate Consolidation Of Rental Housing & The Case For National Rent Stabilization, Brandon Weiss
Corporate Consolidation Of Rental Housing & The Case For National Rent Stabilization, Brandon Weiss
Articles in Law Reviews & Other Academic Journals
Rental housing in the United States is increasingly owned by corporate landlords that operate under a different set of incentives, behind a level of anonymity previously unavailable, and pursuant to practices that often exacerbate an already precarious housing landscape for tenants. Marketsensitive and nuanced rent stabilization laws have reemerged at the state and local level as a viable policy option to help regulate escalating rents and prevent tenant displacement. These laws, when well drafted, can address outdated critiques of strict rent caps and can complement alternative approaches, like those of the politically popular Yes In My Backyard (YIMBY) movement, which …
Going The Extra Mile: Expanding The Promoting Affordable Housing Near Transit Act, Emily Casey
Going The Extra Mile: Expanding The Promoting Affordable Housing Near Transit Act, Emily Casey
Law Student Publications
The Promoting Affordable Housing Near Transit Act (“Act”), introduced in Congress in June 2021 and signed into law six months later, proposes a goal of balancing the disproportionately-high costs of housing and transportation felt by lower-income families by combining these resources in one project: transit-oriented housing developments. Middle-income and wealthy suburbanites have ready access to cities by car, but lower-income urbanites lack access to the suburbs without a private vehicle. While the goal of the Act recognizes this disparate outcome, the Act’s failure to include expansion of mass transit into the suburbs will continue to restrict low-income minorities to urban …
Using Youtube To Explain Housing, Michael Lewyn
Using Youtube To Explain Housing, Michael Lewyn
Scholarly Works
In 2021, the author ran for Borough President of Manhattan, New York. The author tried to his scholarship into his campaign by producing over twenty Youtube videos, most of which addressed land use and housing policy. The article describes the videos, and evaluates their usefulness.
Affirmatively Resisting, Ezra Rosser
Affirmatively Resisting, Ezra Rosser
Articles in Law Reviews & Other Academic Journals
This Article argues that administrative processes, in particular rulemaking’s notice-and-comment requirement, enable local institutions to fight back against federal deregulatory efforts. Federalism all the way down means that state and local officials can dissent from within when challenging federal action. Drawing upon the ways in which localities, states, public housing authorities, and fair housing nonprofits resisted the Trump Administration’s efforts to roll back federal fair housing enforcement, this Article shows how uncooperative federalism works in practice.
Despite the fact that the 1968 Fair Housing Act requires that the federal government affirmatively further fair housing (AFFH), the requirement was largely ignored …
Affirmatively Furthering Health Equity, Mary Crossley
Affirmatively Furthering Health Equity, Mary Crossley
Articles
Pervasive health disparities in the United States undermine both public health and social cohesion. Because of the enormity of the health care sector, government action, standing alone, is limited in its power to remedy health disparities. This Article proposes a novel approach to distributing responsibility for promoting health equity broadly among public and private actors in the health care sector. Specifically, it recommends that the Department of Health and Human Services issue guidance articulating an obligation on the part of all recipients of federal health care funding to act affirmatively to advance health equity. The Fair Housing Act’s requirement that …
The Intentional Community: Toward Inclusion And Climate-Cognizance, Shelby D. Green
The Intentional Community: Toward Inclusion And Climate-Cognizance, Shelby D. Green
Elisabeth Haub School of Law Faculty Publications
In adapting communities to new levels of fairness, we must resist the notion that building equitable and accessible communities is antagonistic to building climate-cognizant communities. This paper will raise some of the core points in this endeavor and will offer suggestions for finding harmony between the two ends through creating communities with intention.
In Part I, I offer some details on what climate change, if unheeded, portends most in our daily lives. In Part II, I tell tales of two cities to frame the larger discussion. In Part III, I highlight some social, political, and economic history that produced a …
Justice For All: Demanding Accessibility For Underrepresented Communities In The Law: A Roger Williams University Law Review, Roger Williams University School Of Law
Justice For All: Demanding Accessibility For Underrepresented Communities In The Law: A Roger Williams University Law Review, Roger Williams University School Of Law
School of Law Conferences, Lectures & Events
No abstract provided.
Cle Working Paper No. 3/2022--What Is The Test For Interlocutory Injunctions Affecting Homeless Encampments? A Critique Of Vancouver Fraser Port Authority V Brett And Associated Case Law, Stepan Wood
Centre for Law and the Environment
Vancouver Fraser Port Authority v Brett (VFPA v Brett), decided in 2020, marked a new low in judicial responses to the intersecting crises of housing, homelessness, poverty, toxic drugs, mental health, racism and colonialism. By dropping to the ground the already low bar for granting interlocutory injunctions to evict homeless encampments from publicly owned land i n BC, this decision invites a critical assessment of BC courts’ approach to homeless encampment injunctions. In this paper I present the first comprehensive survey of 21st century BC homeless encampment interlocutory injunction applications, which shows that they have an extremely high …
Compulsory Terms In Property, Timothy M. Mulvaney
Compulsory Terms In Property, Timothy M. Mulvaney
Faculty Scholarship
The state’s imposition of compulsory terms in property relations—such as habitability warranties binding landlords and tenants and minimum wages binding employers and employees—has long been conceived by analysts generally situated on the political right as an affront to individual freedom and inevitably harmful to the terms’ intended beneficiaries. This critique, though, seems to have special purchase in public discourse today not only within its traditional circle of supporters on the right but, at least in some instances, for a sizable number on the left as well. The bipartisan acceptance of this critique is serving as a substantial roadblock to a …
Segregation Autopilot: How The Government Perpetuates Segregation And How To Stop It, Heather R. Abraham
Segregation Autopilot: How The Government Perpetuates Segregation And How To Stop It, Heather R. Abraham
Journal Articles
Housing segregation is a defining feature of the American landscape. Scholars have thoroughly documented the government’s historic collusion in segregating people by race. But far from correcting its reprehensible past, the government continues to perpetuate housing segregation today. As if on autopilot, its spending and regulatory activities routinely reinforce housing segregation. Not only is this immoral and bad policy, it is against the law. The government has a statutory duty to conduct its business in a manner that reduces housing segregation. This duty arises from a unique civil rights directive passed by Congress over fifty years ago in the Fair …
Trading Places Or Changing Spaces? At The Crossroads Of Defining And Redressing Segregation, Melvin J. Kelley Iv
Trading Places Or Changing Spaces? At The Crossroads Of Defining And Redressing Segregation, Melvin J. Kelley Iv
Connecticut Law Review
Segregation rates have remained stagnant in many regions of the United States since the passage of the federal Fair Housing Act (FHA) in 1968 and experts expect them to increase in large metropolitan areas. Consequently, poor Blacks will be subjected to the extreme deprivation of group life chances that characterize racially and economically segregated environments. The global pandemic has only further exacerbated these dire circumstances. While severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) may not discriminate, housing, healthcare, criminal, and economic policies have, rendering impoverished communities of color particularly vulnerable to the ravages of the coronavirus disease 2019 (COVID-19).
The …
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 …