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Q&A: Bi-Coastal Blues, Lucas Ferrara Jul 2021

Q&A: Bi-Coastal Blues, Lucas Ferrara

Other Publications

No abstract provided.


Power And Possibility In The Era Of Right To Counsel, Robust Rent Laws & Covid-19, Erica Braudy, Kim Hawkins Jan 2021

Power And Possibility In The Era Of Right To Counsel, Robust Rent Laws & Covid-19, Erica Braudy, Kim Hawkins

Articles & Chapters

New York City (NYC) finds itself in an unprecedented housing crisis as the coronavirus (COVID-19) pandemic reveals with devastating force that safe, sustainable and affordable housing is both a human right and a public health necessity. The profound humanitarian and economic devastation of COVID-19 puts millions of New Yorkers at risk of eviction especially those within Black and Latinx communities. In addition, the pandemic hit just as the legal landscape for tenants was transformed through landmark legislation ensuring the Right to Counsel in eviction proceedings and sweeping reforms of New York's rent laws. The unparalleled COVID-19 pandemic, the influx of …


Boards In Information Governance, Faith Stevelman, Sarah C. Haan Oct 2020

Boards In Information Governance, Faith Stevelman, Sarah C. Haan

Articles & Chapters

No abstract provided.


We Must Avoid A Repeat Of The Battle Between Upper West Siders And Homeless New Yorkers, Adam Herbst Aug 2020

We Must Avoid A Repeat Of The Battle Between Upper West Siders And Homeless New Yorkers, Adam Herbst

Other Publications

This post originally appeared in https://www.gothamgazette.com/opinion/9700-homeless-new-yorkers-upper-west-side-supportive-housing?fbclid=IwAR0HFnh3PKjSUG36wtz91PdM-IjDyHMYxDZvcd02qpQQAZEg2CDNeQHOGOs


Critical Developments In Housing Policy - Symposium Comments, Kat Meyers, Cheryl Gonzales, Edward Josephson, Andrew Scherer Jan 2020

Critical Developments In Housing Policy - Symposium Comments, Kat Meyers, Cheryl Gonzales, Edward Josephson, Andrew Scherer

Articles & Chapters

Professor Scherer's talk starts on page 245


The Right To Counsel For Tenants Who Faced Eviction, Andrew Scherer Jan 2018

The Right To Counsel For Tenants Who Faced Eviction, Andrew Scherer

Other Publications

No abstract provided.


Ancillary Agreements In Real Estate Transactions, Andrew R. Berman, Barry Hines, Everett Ward Jan 2017

Ancillary Agreements In Real Estate Transactions, Andrew R. Berman, Barry Hines, Everett Ward

Other Publications

This article discusses certain ancillary but important documents in the context of two common real estate transactions: mortgage loan financings and acquisitions of income-producing real estate. In particular, the article analyzes current case law and drafting considerations relating to estoppel certificates, certified rent rolls and subordination, non-disturbance agreements (SNDAs). In addition, the article examines due diligence issues for the lender and buyer. Note: This article was co-authored with Barry Hines, Partner, Frost, Brown, Todd LLC and Everett Ward, Partner, Quarrels & Brady LLP and initially presented at the Spring Meeting of the American College of Real Estate Lawyers (ACREL).


New York City's "Universal Access" Legislation: One Giant Leap For The Civil Right To Counsel, Andrew Scherer Jan 2017

New York City's "Universal Access" Legislation: One Giant Leap For The Civil Right To Counsel, Andrew Scherer

Articles & Chapters

No abstract provided.


Commentary On Evan Mckenzie, The Relationship Between The Rise Of Private Communities And Increasing Socioeconomic Stratification, Gerald Korngold Jan 2016

Commentary On Evan Mckenzie, The Relationship Between The Rise Of Private Communities And Increasing Socioeconomic Stratification, Gerald Korngold

Articles & Chapters

No abstract provided.


The Price Of Equal Justice: How Establishing A Right To Counsel For People Who Face Losing Their Homes Helps Tackle Economic Inequality, Andrew Scherer Jan 2015

The Price Of Equal Justice: How Establishing A Right To Counsel For People Who Face Losing Their Homes Helps Tackle Economic Inequality, Andrew Scherer

Articles & Chapters

No abstract provided.


Private Regimes In The Public Sphere: Optimizing The Benefits Of Common Interest Communities, Gerald Korngold Jan 2015

Private Regimes In The Public Sphere: Optimizing The Benefits Of Common Interest Communities, Gerald Korngold

Articles & Chapters

No abstract provided.


Marini V. Ireland: Protecting Low Income Renters By Judicial Shock Therapy, Richard H. Chused Jan 2013

Marini V. Ireland: Protecting Low Income Renters By Judicial Shock Therapy, Richard H. Chused

Articles & Chapters

No abstract provided.


Cutting Municipal Services During Fiscal Crisis: Lessons From The Denial Of Services To Condominium And Homeowner Association Owners, Gerald Korngold Jan 2012

Cutting Municipal Services During Fiscal Crisis: Lessons From The Denial Of Services To Condominium And Homeowner Association Owners, Gerald Korngold

Articles & Chapters

No abstract provided.


Looking Back And Looking Ahead As The Home Mortgage Disclosure Act Turns Thirty-Five: The Role Of Public Disclosure Of Lending Data In A Time Of Financial Crisis, Richard D. Marsico Jan 2010

Looking Back And Looking Ahead As The Home Mortgage Disclosure Act Turns Thirty-Five: The Role Of Public Disclosure Of Lending Data In A Time Of Financial Crisis, Richard D. Marsico

Articles & Chapters

This article examines the history of the Home Mortgage Disclosure Act (HMDA) and makes proposals for improving it to help prevent another economic crisis. Passed in 1975, HMDA requires most lenders to disclose information about their home mortgage loans, including the number of home mortgage applications it received; the purpose of each application; the type of loan; the decision on the application; the race, gender, and income of the loan applicant/borrower; the location of the loan and the median income and racial composition of the neighborhood; and the interest rate on the loan. HMDA was originally conceived of as a …


Racial Disparities In Subprime Home Mortgage Lending In New York City: Meaning And Implications, Richard D. Marsico, Jane Yoo Jan 2009

Racial Disparities In Subprime Home Mortgage Lending In New York City: Meaning And Implications, Richard D. Marsico, Jane Yoo

Articles & Chapters

No abstract provided.


Solving The Contentious Issues Of Private Conservation Easements: Promoting Flexibility For The Future And Engaging The Public Land Use Process, Gerald Korngold Jan 2007

Solving The Contentious Issues Of Private Conservation Easements: Promoting Flexibility For The Future And Engaging The Public Land Use Process, Gerald Korngold

Articles & Chapters

Over the past thirty years, statutes have reversed the common law and authorized private conservation organizations to hold conservation easements "in gross." These interests allow nonprofits to control the use and development of the burdened property by preventing alterations of the natural and ecological features. Conservation easements can be held by organizations geographically distant from the restricted land.

Conservation easements bring great benefits as they support conservation, represent private initiative, yield efficiency benefits, and exemplify freedom of choice of property owners. There are costs, however: significant federal and state tax subsidies, the lack of coordinated planning and public process, class …


The Higher Cost Of Being African-American Or Latino: Subprime Home Mortgage Lending In New York City, 2004-2005, Richard D. Marsico Jan 2007

The Higher Cost Of Being African-American Or Latino: Subprime Home Mortgage Lending In New York City, 2004-2005, Richard D. Marsico

Articles & Chapters

The recent turmoil in the financial markets caused by rising default rates on subprime residential home mortgages should not obscure that several studies have shown that African-Americans, Latinos, and residents of predominantly minority neighborhoods receive a disproportionately high percentage of subprime loans. The subprime lending crisis should also not obscure the fact that they have also received a disproportionately low percentage of all home mortgage loans.

This report uses data made public pursuant to the Home Mortgage Disclosure Act (HMDA) to examine home mortgage lending in New York City in 2004 and 2005 to determine whether African-Americans, Latinos, and residents …


Securing A Civil Right To Counsel: The Importance Of Collaborating, Andrew Scherer Jan 2006

Securing A Civil Right To Counsel: The Importance Of Collaborating, Andrew Scherer

Articles & Chapters

No abstract provided.


Why People Who Face Losing Their Homes In Legal Proceedings Must Have A Right To Counsel, Andrew Scherer Jan 2006

Why People Who Face Losing Their Homes In Legal Proceedings Must Have A Right To Counsel, Andrew Scherer

Articles & Chapters

No abstract provided.


Democratizing Capital: The History, Law, And Reform Of The Community Reinvestment Act, Richard D. Marsico Jan 2005

Democratizing Capital: The History, Law, And Reform Of The Community Reinvestment Act, Richard D. Marsico

Articles & Chapters

The Community Reinvestment Act of 1977 (CRA) has made great progress in achieving its dual purposes: eliminating bank redlining and promoting reinvestment in previously redlined neighborhoods. In doing so, the CRA has helped to democratize capital by giving more people a voice in bank lending decisions and including more people in the economic mainstream by influencing banks to make loans to them to buy homes or open small businesses. Despite the CRA's success, the CRA has not reached its full potential. One of the main reasons for this is that the federal agencies that enforce the CRA are so fearful …


The Human Right To Housing: Making The Case In U.S. Advocacy, Maria Foscarinis, Brad Paul, Bruce Porter, Andrew Scherer Jan 2004

The Human Right To Housing: Making The Case In U.S. Advocacy, Maria Foscarinis, Brad Paul, Bruce Porter, Andrew Scherer

Articles & Chapters

American anti-poverty advocates are increasingly focusing on expressing homelessness as a violation of fundamental human rights. Conceptualizing homelessness as a human rights violation can help add legal content to advocacy goals, and help build support for the housing resources, policy changes, and improved legal protective measures needed to ensure access to housing.

This article explores the right to housing in domestic and international law, how to evaluate compliance with the right in the United States, and how to employ legal strategies in support of claims to the right. Theauthors review the status of international law in U. S. law and …


The Human Right To Housing: Making The Case In U.S. Advocacy, Maria Foscarinis, Brad Paul, Bruce Porter, Andrew Scherer Jan 2004

The Human Right To Housing: Making The Case In U.S. Advocacy, Maria Foscarinis, Brad Paul, Bruce Porter, Andrew Scherer

Articles & Chapters

No abstract provided.


The Emergence Of Private Land-Use Controls In Large-Scale Subdivisions: The Companion Story To Village Of Euclid V. Ambler Realty Co., Gerald Korngold Jan 2001

The Emergence Of Private Land-Use Controls In Large-Scale Subdivisions: The Companion Story To Village Of Euclid V. Ambler Realty Co., Gerald Korngold

Articles & Chapters

No abstract provided.


Patterns Of Lending To Low-Income And Minority Persons And Neighborhoods: The 1999 New York Metropolitan Area Lending Scorecard, Richard D. Marsico Jan 2001

Patterns Of Lending To Low-Income And Minority Persons And Neighborhoods: The 1999 New York Metropolitan Area Lending Scorecard, Richard D. Marsico

Articles & Chapters

This paper analyzes home mortgage lending patterns in the New York Metropolitan Area. It examines lending to four particular underserved populations: minority persons, predominantly minority neighborhoods; low-income persons; and low-income neighborhoods. The paper compares lending to these populations to lending to control groups and over time in order to evaluate whether the needs of the underserved populations are being met. The paper also analyzes the records of individual lenders at meeting the credit needs of those four populations and ranks the lenders accordingly. The paper also analyzes trends in subprime lending to these four populations.


Landlord-Tenant Court In New York City At The Turn Of The Nineteenth Century, Richard H. Chused Jan 2000

Landlord-Tenant Court In New York City At The Turn Of The Nineteenth Century, Richard H. Chused

Articles & Chapters

No abstract provided.


Renegotiation And Secured Credit: Explaining The Equity Of Redemption, Marshall E. Tracht Jan 1999

Renegotiation And Secured Credit: Explaining The Equity Of Redemption, Marshall E. Tracht

Articles & Chapters

The prohibition against "clogging the equity of redemption" has been enforced by the courts for centuries, yet the traditional justifications (invoking fairness or unfair bargaining power) offered for this central premise of mortgage law are rather unconvincing, particularly in the commercial context. After describing and critiquing the traditional view, this article lays out an alternative justification for the equity of redemption, stressing the role of the law in fostering efficient renegotiation upon default. This view explains why the equity of redemption cannot be waived in the initial loan documents, and why it can be waived in subsequent workouts only if …


Shedding Some Light On Lending: The Effect Of Expanded Disclosure Laws On Home Mortgage Marketing, Lending And Discrimination In The New York Metropolitan Area, Richard D. Marsico Jan 1999

Shedding Some Light On Lending: The Effect Of Expanded Disclosure Laws On Home Mortgage Marketing, Lending And Discrimination In The New York Metropolitan Area, Richard D. Marsico

Articles & Chapters

No abstract provided.


Is There Life After Abandonment--The Key Role Of New York City's In Rem Housing In Establishing An Entitlement To Decent, Affordable Housing, Andrew Scherer Jan 1995

Is There Life After Abandonment--The Key Role Of New York City's In Rem Housing In Establishing An Entitlement To Decent, Affordable Housing, Andrew Scherer

Articles & Chapters

No abstract provided.


Local And Federal Statutory And Regulatory Bases For Preventing Lead Poisoning, Lucy Billings Jan 1995

Local And Federal Statutory And Regulatory Bases For Preventing Lead Poisoning, Lucy Billings

Articles & Chapters

No abstract provided.


Resolving The Flaws Of Residential Servitudes Associations: For Reformation Not Termination, Gerald Korngold Jan 1990

Resolving The Flaws Of Residential Servitudes Associations: For Reformation Not Termination, Gerald Korngold

Articles & Chapters

No abstract provided.