Housing Law Commons^™

Separating The Objective, The Subjective, And The Speculative: Assessing Compensatory Damages In Fair Housing Adjudications, 26 J. Marshall L. Rev. 3 (1992), Alan W. Heifetz, Thomas C. Heinz

UIC Law Review

No abstract provided.

Counseling A Victim Of Racial Discrimination In A Fair Housing Case, 26 J. Marshall L. Rev. 53 (1992), Michael P. Seng, Jay Einhorn, Merilyn D. Brown

UIC Law Review

No abstract provided.

Maximizing Damages In A Fair Housing Case, 26 J. Marshall L. Rev. 1 (1992), Kale Williams

UIC Law Review

No abstract provided.

From One Dollar To $2.4 Million: Narrowing The Spectrum Of Damage Awards In Fair Housing Cases Through Basic Tort Litigation Tactices, 26 J. Marshall L. Rev. 29 (1992), Larry R. Rogers, Kelly N. Kalus

UIC Law Review

No abstract provided.

The Need For Affordable Housing: The Constitutional Viability Of Inclusionary Zoning, 26 J. Marshall L. Rev. 75 (1992), Serena M. Williams

UIC Law Review

No abstract provided.

Due Process

Touro Law Review

No abstract provided.

A Constitutional Right Of Religious Exemption: An Historical Perspective, Philip A. Hamburger

Faculty Scholarship

Did late eighteenth-century Americans understand the Free Exercise Clause of the United States Constitution to provide individuals a right of exemption from civil laws to which they had religious objections? Claims of exemption based on the Free Exercise Clause have prompted some of the Supreme Court's most prominent free exercise decisions, and therefore this historical inquiry about a right of exemption may have implications for our constitutional jurisprudence. Even if the Court does not adopt late eighteenth-century ideas about the free exercise of religion, we may, nonetheless, find that the history of such ideas can contribute to our contemporary analysis. …

Is A Lodging House A Home? Rent Protection For New York City Lodging House Residents, Lynda Braun

Cardozo Law Review

No abstract provided.

Preventing The Silent Epidemic From Crippling Our Children: Recommended Revisions Of The Illinois Lead Poisoning Prevention Act, 24 J. Marshall L. Rev. 843 (1991), Carolyn H. Eckert

UIC Law Review

No abstract provided.

Advocating Affordable Housing In New Hampshire: The Amicus Curiae Brief Of The American Planning Association In Wayne Britton V. Town Of Chester, 40 Wash. U. J. Urb. & Contemp. L. 3 (1991), Brian W. Blaesser, Susan Marie Connor, Eric Damian Kelly, Stuart Meck

UIC Law Open Access Faculty Scholarship

No abstract provided.

Necessity Or Overkill? Regulating Residential Landlord-Tenant Relations Through The Utah Consumer Sales Practices Act, David L. Johnson

BYU Law Review

No abstract provided.

The Controversy Over Section 548 Of The Bankruptcy Code In The Mortgage Arena: Making The Case For A Federal Statute Reforming The Foreclosure Process, 23 J. Marshall L. Rev. 683 (1990), Robert A. Glaves

UIC Law Review

No abstract provided.

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

Articles & Chapters

No abstract provided.

Discrimination Against Families With Children And Handicapped Persons Under The 1988 Amendments To The Fair Housing Act, 22 J. Marshall L. Rev. 541 (1989), Michael P. Seng

UIC Law Review

No abstract provided.

Fair Housing In The 1990'S: An Overview Of Recent Developments And Prognosis Of Their Impact, 22 J. Marshall L. Rev. 421 (1989), F. Willis Caruso, William H. Jones

UIC Law Review

No abstract provided.

Buying Blackacre: Form Contracts And Prudent Provisions, 23 J. Marshall L. Rev. 15 (1989), John H. Scheid

UIC Law Review

No abstract provided.

Single Family Use Covenants: For Achieving A Balance Between Traditional Family Life And Individual Autonomy, Gerald Korngold

Articles & Chapters

No abstract provided.

Preserving Low Income Housing In Maine - An Inventory Of Assisted Housing, Elizabeth H. Mitchell

Maine Collection

Preserving Low Income Housing In Maine - An Inventory of Assisted Housing

Maine State Housing Authority, Augusta , Maine, 1988.

Nollan, Henry George, And Exactions, Stewart E. Sterk

Articles

The article examines the legal and economic implications of exactions, particularly in light of the Supreme Court's decision in Nollan v. California Coastal Commission. While exactions—requirements imposed on developers to provide municipal benefits—can theoretically promote efficiency and fairness, the analysis suggests that their practical implementation by municipalities is fraught with challenges. These challenges include the potential for inefficiency, unfairness, and arbitrary decision-making, which may undermine their effectiveness and raise constitutional concerns. The article argues that the concerns expressed in Nollan and other cases stem from the fear that exaction schemes could lead to inefficient and unfair municipal behavior, as well …

The Unwarranted Implication Of A Warranty Of Fitness In Commercial Leases-An Alternative Approach, Fred W. Bopp, Iii

Vanderbilt Law Review

The classical landlord-tenant relationship has undergone a substantial transformation since its origin in feudal England. The most recent and far-reaching change has been the emergence of an implied warranty of habitability in residential leases.' An overwhelming majority of jurisdictions recognizes this implied warranty either by statute or judicial decisions or both. These same jurisdictions, however, uniformly have rejected an extension of the underlying rationale to the commercial setting by refusing to imply an analogous warranty of fitness or suitability in nonresidential leases. Consequently, while modern notions of consumer protection have made rapid advances in residential tenancies, commercial lease law continues …

The Question Of Succession In New York City: Who Has The Right To Renew A Rent-Stabilized Lease?, S. Emy Poulad

Cardozo Law Review

No abstract provided.

Does The Roof Have To Cave In: The Landlord/Tenant Power Relationship And The Intentional Infliction Of Emotional Distress, Susan E. Keller

Cardozo Law Review

No abstract provided.

The New Judicial Roles In Illinois Mortgage Foreclosures, Eric T. Freyfogle

Loyola University Chicago Law Journal

No abstract provided.

Condominium Conversion Of Residential Rental Units: A Proposal For State Regulation And A Model Act, Bernard V, Keenan

University of Michigan Journal of Law Reform

This Article has several objectives. Part I provides a foundation for discussion by briefly outlining the relationship between the recent history of the rental housing market and those factors prompting the conversion of apartments to condominium status. With this background information, the relevance of conversion legislation is more readily grasped. Part II seeks to establish that state government is the appropriate governmental entity to formulate legislation intended to protect individuals affected by the conversion of rental units. Federal legislation has addressed this specific issue in the relatively unknown Condominium and Cooperative Conversion Protection and Abuse Relief Act of 1980. In …

Unconscionability - Real Property Lawyers Confront A New Problem, 21 J. Marshall L. Rev. 1 (1987), Robert Kratovil

UIC Law Review

No abstract provided.

The History Behind Hansberry V. Lee, 20 U.C. Davis L. Rev. 481 (1987), Allen R. Kamp

UIC Law Open Access Faculty Scholarship

This Article provides the factual background to Hansberry v. Lee, the famous class action case. During the early 1900's, Chicago's black population was kept effectively segregated, primarily through the use of racially restrictive covenants. However, in the 1930's, this system began to break down. The growth of the black population caused an increased demand for black housing, while the Depression reduced the market for white housing. It was at this time that Carl Hansberry bought a house that was covered by a restrictive covenant, generating a lawsuit to have the covenant enforced and the Hansberrys evicted.

Tracing the lawsuit as …

Bargaining In The Shadow Of Eminent Domain: Valuing And Apportioning Condemnation Awards Between Landlord And Tenant, Victor P. Goldberg, Thomas W. Merrill, Daniel Unumb

Faculty Scholarship

Who has a constitutionally protected "property" interest when the government condemns land subject to a lease? Is it the landlord? The tenant? Or do both parties have property rights that entitle them to compensation? Further, how should the size of the total condemnation award be determined? Should we value the property rights of the landlord and the tenant separately and sum? Or should we value the entire parcel as if it were an undivided fee simple and apportion the award between the landlord and the tenant? If the condemnation award is based on the value of a fee simple and …

Effects Of Property Vs. Services Analysis On Tax Consequences Of Development Fees In Limited Partnership Real Estate Investments, Anthony J. Luppino

Faculty Works

No abstract provided.

The Residential Tenant's Right To Freedom Of Political Expression, James E. Lobsenz, Timothy M. Swanson

Seattle University Law Review

This Article outlines the arguments to be made on behalf of residential tenants who display political signs and who encounter threats of eviction, rent increases, and other forms of landlord opposition. In Section II, the Article describes the development of the general principles of constitutional law applicable to disputes between property owners and tenants who wish to use the property owners’ premises as a forum for the expression of the tenants’ ideas and beliefs. Tracing the history of the United States Supreme Court rulings in this area, the authors analyze the waxing and waning of first amendment speech rights, the …

Zoning Discrimination Affecting Retarded Persons, 29 Wash. U. J. Urb. & Contemp. L. 67 (1985), Susan Marie Connor

UIC Law Open Access Faculty Scholarship

No abstract provided.