Housing Law Commons^™

Eviction Court Displacement Rates, Nicole Summers

Northwestern University Law Review

This Essay introduces the concept of eviction court displacement rates, defined as the percentage of eviction filings that result in tenant displacement. The Essay argues that a jurisdiction’s eviction court displacement rate provides crucial insight into the role of its legal system in driving substantive eviction outcomes. The Essay then compiles existing data on court displacement rates and compares those rates across jurisdictions. This comparison reveals massive variation in court displacement rates nationwide. In some jurisdictions, a tenant’s likelihood of displacement upon receiving an eviction filing is approximately one in twenty. In other jurisdictions, it is higher than one in …

Property Law And Inequality: Lessons From Racially Restrictive Covenants, Carol M. Rose

Northwestern University Law Review

A long-standing justification for the institution of property is that it encourages effort and planning, enabling not only individual wealth creation but, indirectly, wealth creation for an entire society. Equal opportunity is a precondition for this happy outcome, but some have argued that past inequalities of opportunity have distorted wealth distribution in contemporary America. This article explores the possible role of property law in such a distortion, using the historical example of racially restrictive covenants in the first half of the twentieth century. I will argue that the increasing professionalization and standardization of real estate practices in that era included …

American Courts' Image Of A Tenant, Nadav Shoked

Northwestern University Law Review

What is the core of current American residential landlord–tenant law, and how was that core formed? This Essay argues that in the past few decades courts have settled on a two-pronged landlord–tenant law regime. The law provides tenants with assurances respecting the quality of the units they rent. It does not, conversely, provide them with any assurances respecting the price of the rental units—and, therefore, respecting their ability to remain in those units.

The first component of the regime was established through the well-known judicial creation and endorsement of the warranty of habitability. The second component’s entrenchment is often attributed …

Compulsory Terms In Property, Timothy M. Mulvaney

Northwestern University Law Review

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 …

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 …

Legal Benefits Of Homeownership, Nino C. Monea

New Mexico Law Review

The law prizes expensive, single-family homes above all other forms of housing. This Article details the many ways that the law benefits homeowners and distains renters, mobile-home owners, and the homeless. There are seven topics: (1) zoning laws mandate single-family homes and ban localities from requiring affordable housing, (2) the Tax Code allows homeowners to write off innumerable expenses but virtually nothing for renters, (3) lenders seeking to foreclose on a mortgage must surmount many hurdles, but landlords may act with nearly a free hand to evict, (4) federal, state, and local institutions all work to support the housing market …

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 …

Session 4: Plunging Into Deep Water: An Immersion In Fintech, Defi (Decentralized Finance), & Web3, Joseph M. Vincent

SITIE Symposiums

This panel featured entrepreneurs providing their expert insight into the background, workings, and expected developments of the FinTech industry. Moderated by Adjunct Professor of Law Joseph M. Vincent, the panel features Ron Oliveira, Kory Hoang, and Jonathan Blanco.

The panelists provided insight on topics regarding: (1) the fundamental changes in financial services since the advent of FinTech; (2) background on the Stablecoin industry including a background of what Stablecoin is, and why it has been under recent scrutiny; and (3) the NFT market and the direction the NFT space is heading. In a Q&A session, the panelists also offered their …

Session 3: Deep Innovation Dive In Health Equity: Truveta (“Saving Lives With Data”), Steve Tapia, Dave Heiner

SITIE Symposiums

This session is a “deep dive” into health equity and research via a moderated discussion with Truveta, a new data partnership company poised for research breakthroughs in the healthcare sector. In it, Dave Heiner, General Counsel and Chief Policy Officer for Truveta, discusses the company’s healthcare-centered mission and the key role that data plays in the healthcare field.

Session 2: Diversity Perspectives: In-House Counsel, Debbie Akhbari

SITIE Symposiums

This expert panel addressed diversity perspectives in the legal field. Moderated by Debbie Akhbari, six panelists shared their stories. The panelists were Leticia Hernández, Bernadette Lopez, Elida Moran, Catherine Romero, Rachel Seals, and Katina Thornock. Each panelist's stories have been broken into its own section in the summary of proceedings.

Many diverse candidates have incorrect assumptions made about them, resulting in doors being closed by those in positions of power. This panel shared their personal stories and encouraged students and newer attorneys to keep “knocking on those doors” and for those in positions of power to open those doors. Through …

Session 1: Innovation In Legal Services, Steven W. Bender, Michael Cherry, Matthew Spencer

SITIE Symposiums

This panel featured two “disrupters” who detailed their experiences innovating in the legal services space. The first panelist spoke about data-driven regulatory reform and the other spoke as an entrepreneur whose product introduces artificial intelligence (AI) into the legal recruiting process. Two additional panelists provided commentary regarding the second panelist’s presentation.

The panel provided insight on the topics of: (1) the legal regulatory process at large; (2) how a data-driven and feedback-oriented sandbox provides an alternative regulatory process; (3) the legal hiring and recruiting process and (4) how AI allows law firms to consider alternative hiring metrics when assessing candidates …

Introduction To The 5th Annual Innovation And Technology Law Conference, Annette Clark

SITIE Symposiums

Seattle University School of Law’s then dean, now Dean Emerita, Annette Clark, opens the 5^th annual Innovation and Technology Law Conference, co-sponsored by the Seattle Journal of Technology, Environmental, and Innovation Law (SJTEIL) at Seattle University School of Law. Annette Clark has been involved with the planning and organization of the Innovation and Technology Law Conference since the conference’s inception. The theme of the 5^th annual 2022 conference is “deep innovation dives.”

Annette Clark explains that “This conference is part of our continuing efforts at Seattle [University] Law to expand educational opportunities for our students and community in …

5th Annual Innovation And Technology Law Conference: Deep Innovation Dives, Steven W. Bender

SITIE Symposiums

Steven W. Bender, Seattle University School of Law Professor and organizer of the SITIE Symposium series, details the history of the SITIE symposiums and the 2022 proceedings. He discusses how this year's symposium builds on themes and issues raised in previous symposiums and looks ahead to the 2023 SITIE symposium.

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 …

How Judicial Accounting Law Fails Occupying Cotenants, Phil Rich

Northwestern Journal of Law & Social Policy

Few law students remember judicial accounting law from their property law course, and it’s hard to blame them. This little-discussed body of law is formulaic and rarely addressed by appellate courts. Judicial accounting law, however, should not be ignored. The law, which allocates equity to cotenants (or, more colloquially, co-owners) of residential property upon partition of that property, guides homeowners’ behavior and shifts wealth between them. This Note argues that state legislatures should reform judicial accounting law to better protect those cotenants living in their homes from partitions brought by cotenants living elsewhere.

The problem with judicial accounting law lies …

Sharing Your Home With Strangers: Common-Interest Ownership And Financing Options, Debra Bechtel, Crystal Liu, Ernira Mehmetaj, David Reiss

Cornell Law Faculty Publications

As the affordable housing crisis in the U.S. escalates, housing policy analysts and advocates are re-examining, modifying, and combining ways of decreasing the costs of homeownership through shared ownership and shared financing while also, in some instances, preserving long-term affordability. This Article will touch upon the vast array of models and take a deep dive into one of them, the relatively new shared equity financing model. That model holds some promise and a lot of peril for homeowners.

Tiny Homes: A Big Solution To American Housing Insecurity, Lisa T. Alexander

Faculty Scholarship

“There’s no place like home,” said Dorothy. Yet, millions of people in the United States may face eviction, foreclosure, or homelessness in 2021 and beyond. America is on the brink of an unprecedented housing crisis in the wake of Covid-19. The federal government, and various states and localities, have taken actions to avert a housing crisis in the aftermath of Covid 19. While these actions have undeniably helped mitigate widespread foreclosure and eviction crises, they do not fully address the more fundamental American housing challenge—an inadequate supply of affordable housing at all income levels, a longstanding problem that Covid-19 has …

Federally Mandated Online Sales Tax: A Logistical Solution For The Future Of E-Commerce, Daniel O'Connor

DePaul Business & Commercial Law Journal

No abstract provided.

Economic Structural Transformation And Litigation: Evidence From Chinese Provinces, To Economic Change And Restructuring, Doug Bujakowski, Joan Schmit

DePaul Business & Commercial Law Journal

No abstract provided.

The "Business Interruption" Insurance Coverage Conundrum: Covid-19 Presents A Challenge, Paul E. Traynor

DePaul Business & Commercial Law Journal

No abstract provided.

Misalighned Incentives In Markets: Envisioning Finance That Benefits All Of Society, Dr. Ryan Clements

DePaul Business & Commercial Law Journal

No abstract provided.

Race And The Covid-19 Eviction And Housing Crisis, Bradey Camille Baltz

Arkansas Law Notes

Historical and present discriminatory housing, land use, property, and criminal policies and laws have contributed to an inaccessibility of homeownership and wealth accumulation for people of color in the United States. “People of color rent at higher rates than white people,” and thus, face a higher risk of eviction. People of color are also overrepresented in jobs most affected by the COVID-19 pandemic, like the restaurant and hotel industries. As compared to white workers, Black and Latinx Americans are less likely to have access to paid sick leave and family leave, forcing them to choose to go to work when …

Law School News: National Housing Advocate Named To Lead Rwu's New Real Estate Initiatives 02/08/2022, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Survey Of State Laws Governing Fees Associated With Late Payment Of Rent, Ryan Sullivan

Nebraska College of Law: Faculty Publications

The Survey contains both a cumulative and detailed account of the laws of each state governing late fees and penalties associated with late payment of rent involving residential tenancies. States that impose late fee maximums vary greatly on the amount and form of the limitation—some limit the late fee to a certain percentage of the rental amount, a few states impose a dollar amount maximum, and several states impose both. Some states, rather than limiting the late fee to a certain amount, only require that the late fee be “reasonable.” Additionally, a handful of states mandate that late fees can …

Monsanto: Creator Of Cancer Liability

DePaul Business & Commercial Law Journal

No abstract provided.

Impact Of Corporate Response To Controversial Presidential Statements Or Policies

DePaul Business & Commercial Law Journal

No abstract provided.

Adaptive Rezoning For Social Equity, Affordability And Resilience, Shelby D. Green

Elisabeth Haub School of Law Faculty Publications

In this Article, I will show how the legacies of the institutional barriers to housing still persist to deprive many of the predicates for economic thriving and personal flourishing and how existing zoning philosophy cannot be justified by the need to protect health and safety. Righting the inequities of the past and of the present will require dismantling some of the institutions, apparently legitimate and well-meaning, but operating devilishly to create and perpetuate hardship and exclusion. This will require laying bare the institutions to reveal their ignoble essence. We need a radical overhaul of the historic zoning regime from one …

Non-Debt And Non-Bank Financing For Home Purchase: Promises And Risks, Shelby D. Green

Elisabeth Haub School of Law Faculty Publications

This Article explores the phenomenon of the NDNBs in home purchase and finance that has gained a growing presence in the mortgage marketplace since the 2008 crisis. Part II offers a deeper discussion of the risk-prone practices leading to the 2008 housing crisis and the regulatory and industry responses for recovery. Parts III and IV describe the emerging new models of home purchase. Part IV explores some of the apparent and hidden risks in these transactions. Part VI concludes with suggestions for assessing and managing risks and for reforms.

Condominium: A Transformative Innovation In Property And Local Government, Douglas C. Harris

All Faculty Publications

Condominium is a form of ownership that produces separate parcels of land and a structure of local government within multi-unit developments. As one form of common interest community, condominium packages private property with a co-ownership interest in common property and rights to participate in the governing organisation. A statutory innovation, the condominium form has been adopted in jurisdictions around the world and has quickly become the dominant form of land ownership for new-build housing in many cities. As an increasingly prominent feature of urban real estate, condominium is changing the nature of ownership and of local government, and is one …

Helping Self-Represented Litigants Isn’T Charity Work, It’S A Professional Obligation, Suzanne Harrington-Steppen, Eliza Vorenberg

Law Faculty Scholarship

No abstract provided.