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Full-Text Articles in Law

St. Louis Vacancy Collaborative: 2019-2021 Work Plan, Dana M. Malkus Jan 2019

St. Louis Vacancy Collaborative: 2019-2021 Work Plan, Dana M. Malkus

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Our City has a serious vacant property challenge. To effectively address vacancy, we must understand and respond to the factors that cause and perpetuate it. Much of the story of vacancy in our city, like other cities, includes a legacy of racism, disinvestment, and disengagement that has led to a breakdown in trust. We know that vacancy can result from incomplete foreclosure, bankruptcy, prolonged probate or lack of proper probate, investors with little incentive to care, judgment proof owners, bank ownership, lack of resources to repair or redevelop, lack of value, the foreclosure crisis, sprawl and weak markets.1 In …


A Guide To Understanding And Addressing Vacant Property In The City Of St. Louis, Dana M. Malkus Jan 2018

A Guide To Understanding And Addressing Vacant Property In The City Of St. Louis, Dana M. Malkus

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The City of St. Louis has a serious vacant property challenge. Since the population peak in 1950, the City has experienced a 63% decline in population and now has one of the highest rates of vacancy in the nation.1 The City has approximately 25,000 vacant properties.2 Approximately 12,000 of these are owned by the Land Reutilization Authority (LRA) or other public agencies,3 which means that approximately 13,000 are privately owned. Most of those vacant properties
are concentrated in the north and southeast portions of the City.4 For a city of its size, the City has "an …


Segregation In St. Louis: Dismantling The Divide, For The Sake Of All [In Collaboration With], Thomas Harvey, John Mcannar, Michael-John Voss, Ascend Stl Inc., Community Builders Network Of Metro St. Louis, Metropolitan St. Louis Equal Housing And Opportunity Council (Ehoc), Team Tif Jan 2018

Segregation In St. Louis: Dismantling The Divide, For The Sake Of All [In Collaboration With], Thomas Harvey, John Mcannar, Michael-John Voss, Ascend Stl Inc., Community Builders Network Of Metro St. Louis, Metropolitan St. Louis Equal Housing And Opportunity Council (Ehoc), Team Tif

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Place matters. Where people live in St. Louis has been shaped by an extensive history of segregation that was driven by policies at multiple levels of government and practices across multiple sectors of society. The effect of segregation has been to systematically exclude African American families from areas opportunity that support economic, educational, and health outcomes.


Shattering 'Blight' And The Hidden Narratives That Condemn, Patricia Hureston Lee Jan 2017

Shattering 'Blight' And The Hidden Narratives That Condemn, Patricia Hureston Lee

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Tilting at windmills is an expression used to describe Don Quixote’s battle against perceived giants that everyone else sees merely as windmills. This expression can also describe the predicament of St. Louis Place property owners who fought against a combination of case law, statutes, governmental condemnation decisions and an unflattering narrative to save their property. In the end, St. Louis Place property owners might as well have been fighting windmills.

Since Berman v. Parker, legal scholars have challenged the definition of the term blight and the manner in which condemnation takings are used as revitalization tools in distressed communities. Attempts …


Does America Need Public Housing?, Peter W. Salsich Jan 2012

Does America Need Public Housing?, Peter W. Salsich

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Does Twenty-First Century America Need Publicly-Owned Housing? This question was being asked in 2011, as an era of sharply-curtailed discretionary government spending dawned in the aftermath of the debt limitation crisis. From its inception in 1937 to the present, public housing remains the housing program with the deepest subsidy, designed for households who cannot compete effectively in the private housing market and, since the 1950s, the program that reaches the lowest income quadrant of society. Questions posed in 2011 center around the future of the 1.1 million public housing units in existence (down from 1.4 million two decades ago), all …


Homeownership — Dream Or Disaster?, Peter W. Salsich Jan 2012

Homeownership — Dream Or Disaster?, Peter W. Salsich

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This article discusses the impact of the foreclosure crisis on the housing prospects of American families. Foreclosure is governed by state law, which establishes a procedure to enable lenders to recover property from defaulting borrowers through a public sale process. States authorize two different methods, judicial foreclosure, in which the foreclosure process requires a judicial hearing, and power of sale foreclosure, in which a trustee can offer mortgaged property to the highest bidder at a public sale after giving twenty days public notice. Judicial foreclosure is administered by state courts in twenty-three states. The power of sale foreclosure process is …


National Affordable Housing Trust Fund Legislation: The Subprime Mortgage Crisis Also Hits Renters, Peter W. Salsich Jan 2009

National Affordable Housing Trust Fund Legislation: The Subprime Mortgage Crisis Also Hits Renters, Peter W. Salsich

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This article discusses the National Housing Trust Fund, created as part of the Housing and Economic Recovery Act of 2008 (HERA). The Housing Trust Fun represents a new federal housing development policy. The Fund is designed to serve the approximately 18.5 million households who make less than $30,000 per year, roughly half the national median income in 2005. After a review of the housing affordability concerns of extremely low-income households (annual income 30% or less than area median income) and the impact the subprime mortgage foreclosure has had on such households, the article summarizes HERA's regulatory reform and foreclosure relief …


Toward A Policy Of Heterogeneity: Overcoming A Long History Of Socioeconomic Segregation In Housing, Peter W. Salsich Jan 2007

Toward A Policy Of Heterogeneity: Overcoming A Long History Of Socioeconomic Segregation In Housing, Peter W. Salsich

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This article focuses on the exclusionary effects of land use regulation on housing availability and cost. Recent research by economists and others highlighting such effects is examined. The histories of parallel efforts to provide housing for low- and moderate-income families as well as persons with disabilities are reviewed. The article recommends that legislation be enacted that elevates affordable housing for low- and moderate-income to a level of national concern similar to national policies favoring efficient transportation, as well as protecting coastal and wetland areas and endangered species.


Grassroots Consensus Building And Collaborative Planning, Peter W. Salsich Jan 2000

Grassroots Consensus Building And Collaborative Planning, Peter W. Salsich

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The neighborhood collaborative planning movement has an important role to play in efforts to remake American cities. This article begins by defining neighborhood collaborative planning which centers around the importance of resident participation in decisions affecting their community. The article explains how neighborhood collaborative planning is a useful way for residents to take part in governmental decision making, particularly in large cities where distance and complexity of the governmental process may make it difficult for ordinary citizens to participate. Next, it outlines the roles that lawyers and community organizer serve under the two strategies used to foster neighborhood collaborative planning, …


The Urban Housing Issues Symposium: Interdisciplinary Study In A Clinical Law & Policy, Peter W. Salsich Jan 2000

The Urban Housing Issues Symposium: Interdisciplinary Study In A Clinical Law & Policy, Peter W. Salsich

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This article describes the Urban Housing Issues Symposium, an interdisciplinary program that began in 1992 as a cooperative experiment between the Saint Louis University School of Law and the Washington School of Architecture. The program, which soon expanded to include social work and public policy students, used hypothetical problems, and later real life problems, as a way of demonstrating the importance of interdisciplinary relationships that the professions have in the context of real estate development. By giving the students the chance to interact, the students learned a greater appreciation for the variety of disciplines that are involved in the development …


Non Profit Housing Providers: Can They Survive The 'Devolution Revolution'?, Peter W. Salsich, John J. Ammann Jan 1997

Non Profit Housing Providers: Can They Survive The 'Devolution Revolution'?, Peter W. Salsich, John J. Ammann

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This article examines the potential of nonprofit housing providers to participate effectively in housing programs linked to the welfare reform self-sufficiency movement. It reviews proposals for housing reforms which address expanded roles for nonprofit housing providers. With actual experiences of nonprofits as a framework, it explains their organizational patterns. Further, the article explores the supportive services and incentive programs commonly included in self-sufficiency programs employed by nonprofits and suggests modifications to such programs to improve upward mobility for participants. The authors acknowledge that self-sufficiency plans are not for everyone, and suggests alternative schemes for serving those segments of the population …


Solutions To The Affordable Housing Crisis: Perspectives On Privatization, Peter W. Salsich Jan 1995

Solutions To The Affordable Housing Crisis: Perspectives On Privatization, Peter W. Salsich

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This article examines the government efforts to respond to affordable housing issues and summarizes the criticisms of these policies and programs. The author focuses on the privatization movement which pushes for a reduction in government participation in public housing activities in order to transfer control and responsibility to the private sector. The article also reviews European policies such as the concept of social housing. The article stresses that careful attention must be paid to the privatization mechanisms selected and emphasizes that shared expectations, shared values, and shared commitment can bring about a successful affordable housing strategy. The article describes some …


Urban Housing: A Strategic Role For The States, Peter W. Salsich Jan 1994

Urban Housing: A Strategic Role For The States, Peter W. Salsich

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The author argues that states have both the capacity and the opportunity to play a leading role in revitalizing national housing policy. At a time when federal housing programs were declining, state administered housing programs came to the forefront. Detailing the growth of state administered housing policies, the article notes that creative, diverse, flexible, and community planned affordable housing programs being funded by states. States also have opportunities for leadership in housing through coordinated application of state zoning powers in conjunction with state administration of federal housing programs. In conclusion, the article recommends gradually phasing out centralized federal housing in …


Homelessness At The Millennium, Peter W. Salsich Jan 1994

Homelessness At The Millennium, Peter W. Salsich

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This article discusses the government’s response to what appeared at the time to be an overnight explosion of the homeless population in big cities and small towns as a result of major economic and social changes of the early 1980s. In order to respond effectively to underlying problems of homelessness, it explores solutions that are more comprehensive than merely building shelters. The author argues that while homelessness has a direct link to poverty, the government must also address more complex causes including, the lack of adequate mental health care, substance abuse, a decline in the availability of affordable housing, and …


A Decent Home For Every American: Can The 1949 Goal Be Met?, Peter W. Salsich Jan 1993

A Decent Home For Every American: Can The 1949 Goal Be Met?, Peter W. Salsich

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This article follows the shift in federal housing policy from a production emphasis during the decade after the Kerner Commission Report to a policy of limited support that enables a few low-income people to choose their own housing. It details specific legislation enacted over this period and highlights the continuing debate about the most effective use of federal housing funds. Also, discussed is the growth of state and local housing support programs, as well as the non-profit community housing development movement. The author points out that the legislative framework is in place for an effective national housing policy designed to …


Non-Profit Housing Organizations, Peter W. Salsich Jan 1989

Non-Profit Housing Organizations, Peter W. Salsich

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This article emphasizes that any solution to the phenomenon of homelessness must include a substantial component of permanent affordable housing and argues that nonprofit organizations can play a crucial role in resolving this housing crisis. The article surveys the variety of forms that community based housing has taken to provide housing for the most neglected groups. Typical problems nonprofit housing organizations have faced in obtaining and maintaining tax-exempt status are discussed. The tax treatment of nonprofit organizations is a significant factor in such organizations’ overall ability to maintain housing units at affordable prices. Also, reviewed is the landlord-tenant relationship when …


Displacement And Urban Reinvestment: A Mount Laurel Perspective, Peter W. Salsich Jan 1984

Displacement And Urban Reinvestment: A Mount Laurel Perspective, Peter W. Salsich

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This article discusses the continuing national debate concerning the responsibility that local governments should accept when residents are forced to leave their homes as a result of reinvestment activities encouraged by the cities and funded in part with public funds. The author explains the many different forms that reinvestment displacement may take and traces the legislative and judicial response to this issue. Despite what the author refers to as a considerable amount of buck passing, the article points out resources that are being made available to combat displacement. The article highlights the Supreme Court of New Jersey opinion in the …