Open Access. Powered by Scholars. Published by Universities.®
- Discipline
Articles 1 - 2 of 2
Full-Text Articles in Law
County Powers In Assisted Housing Programs: The Constitutional Limits In New York, John P. Dellera
County Powers In Assisted Housing Programs: The Constitutional Limits In New York, John P. Dellera
Fordham Urban Law Journal
With the exception of facilities set aside for people who cannot live independently, the law has historically given counties in New York State little or no role in addressing housing issues, with decisions being left to private enterprise, municipalities, and public corporations. Proposals are thus regularly advanced to grant powers to county governments to initiate their own housing programs. In 1992, the Attorney General of New York State issued an opinion that departs form previous opinions of his office and invites greater county involvement in low-cost housing. This article argues that under New York law, the role of municipalities is …
Federal Preemption Of Rent Regulation Under Firrea, Eric William Hess
Federal Preemption Of Rent Regulation Under Firrea, Eric William Hess
Fordham Urban Law Journal
After hundreds of savings and loan institutions became insolvent in the 1980s, Congress enacted the Federal Institutions Reform, Recovery, and Enforcement Act, which was designed to provide affordable mortgage financing to low and moderate income individuals, and to dispose of the assets of the failed savings and loan institutions. Among the powers granted by FIRREA to the FDIC was the ability to disaffirm or repudiate leases held by insolvent institutions if those leases are deemed burdensome. In "Resolution Trust Corp. v. Diamond," the United States District Court wrongly held that FIRREA cannot be construed to allow Federal preemption of State …