Housing Law Commons^™

Housing First' For The Chronically Homless: Challenges Of A New Service Model, Nestor M. Davidson

Faculty Scholarship

Increasingly in recent years, policymakers have focused their efforts on ending chronic homelessness and, in particular, on individuals grappling with mental illness, substance abuse, and similar challenges. Central to this effort has been the rise of a new model of service provision called Housing First. Housing First reverses the long-standing practice of conditioning housing on compliance with treatment plans or other service requirements, instead providing immediate independent living for chronically homeless individuals with dual or multiple diagnoses and only then making intensive services available. This Commentary reviews this important policy shift and explores some conceptual and practical challenges in moving …

The Trade-Off Between Self-Determination And The Trust Doctrine: Tribal Government And The Possibility Of Failure, Ezra Rosser

Scholarly Articles in Law Reviews & Journals

This paper argues that tribes and scholars need to come to grips with the trade-off between trust and self-determination, and that failure to do so-by for example expressing a yearning that the trust doctrine was stronger-will lead to poor choices by tribes. Choices thus need to be based on an understanding of this trade-off and tribes must be aware that exercising self-determination inevitably will lead to a weakening of the trust doctrine over the areas which tribe's assume authority. This point is illustrated using a close analysis of the arguments used by the parties and the Supreme Court's treatment of …

The "No Property" Problem: Understanding Poverty By Understanding Wealth, Jane B. Baron

Michigan Law Review

Could it be that understanding homelessness and poverty is less a function of understanding the homeless and the poor than of understanding how the wealthy come to ignore and tolerate them? This is one of the more intriguing suggestions of anthropologist Kim Hopper's Reckoning with Homelessness, and it echoes claims made by lawyers who, like Hopper, have spent much of their careers advocating on behalf of the homeless. While Hopper's new book is first and foremost a work of anthropology, its structure strongly parallels recent work by legal scholars who have sought to assess the effects of litigation and lobbying …

Democratizing The American Dream: The Role Of A Regional Housing Legislature In The Production Of Affordable Housing, Thomas A. Brown

University of Michigan Journal of Law Reform

Economic, ethnic and racial residential segregation are ubiquitous across United States metropolitan regions. As a result, the majority of affordable housing is located in central cities or inner-ring suburbs, generally in areas of highly concentrated poverty. Outer suburbs are often exempt from providing significant housing for the economically disadvantaged regional citizens. This should not be. If housing policy in metropolitan regions were established in a democratic fashion, the give-and-take of the political process would create strong incentives for regional cooperation in the creation of affordable housing. Drawing together scholarship in the fields of local government law, administrative law, and housing …

The "No Property" Problem: Understanding Poverty By Understanding Wealth, Jane Baron

ExpressO

No abstract provided.

Safe At Home: Protecting Female Tenants From Violence, Lori A. Pope

Osgoode Hall Law Journal

This article deals with the tension for legal aid clinics between a policy of not representing landlords and a policy of acting for abused women rather than their alleged abusers. Many women face violence where they live, which can jeopardize their tenancies. To combat the resulting legal problems effectively, clinics may need to work indirectly or even directly for landlords. Clinics ought also to consider lobbying for changes to legislation to allow tenants to take action directly against other tenants who threaten their safety. Parkdale Community Legal Services (PCLS), which led the way for other clinics in their adoption of …

Recent Development, Public Housing In Singapore: The Use Of Ends-Based Reasoning In The Quest For A Workable System, Aya Gruber

Publications

No abstract provided.

Historical Perspectives On Fair Housing, 29 J. Marshall L. Rev. 315 (1996), Julian Bond

UIC Law Review

No abstract provided.

1995-1996 Home Energy Assistance Program (Heap) Rule, Maine State Housing Authority

Maine Collection

1995-1996 Home Energy Assistance Program (HEAP) Rule

State of Maine / Maine State Housing Authority / David Lakari, Director

Augusta, Maine, September 1995.

(Proposed Amendments to Home Energy Assistance Program Rule)

Chapter 24 - Home Energy Assistance Program Rule

Sections: 1. Definitions / 2. Eligibility / 3. Sub-Grantees / 4. Application / 5. Payment of Benefits / 6. Energy Crisis Intervention Program / 7. HEAP Weatherization and Central Heating Improvement Program (CHIP) / 8. Indian Tribes / 9. Administration of HEAP / 10. Monitoring / 11. Noncompliance / 12. Procurement / 13. Fair Hearings / 14. Additional Provisions

Solutions To The Affordable Housing Crisis: Perspectives On Privatization, 28 J. Marshall L. Rev. 263 (1995), Peter W. Salsich Jr.

UIC Law Review

No abstract provided.

Urban Revitalization And Community Finance: An Introduction, Peter R. Pitegoff

Faculty Publications

"In his 1933 poem Burn the Cities, Nathanael West, the iconoclastic American novelist and urban radical, portrays the city as a focal point of discontent and of anguish for the world's predicament.2 From Jerusalem to Paris and finally to London, the poem winds through distressing urban imagery with scant opportunity for escape. The implicit modicum of hope is an overthrow of the present order. From older cities abroad, West imports an apocalyptic vision of cities at home."

Constitutional Bootstrapping In Philadelphia And Paris, Jon Elster

Cardozo Law Review

No abstract provided.

The New Law Governing General Public Assistance, Sarah Mulken

University of the District of Columbia Law Review

No abstract provided.

Hud And Housing In The 1990s: Crises In Affordability And Accountability, Michael Allan Wolf

Law Faculty Publications

America is increasingly becoming a nation of housing haves and have-nots. While the majority of American homeowners are well housed and have significant equity in their homes, the prosperity of these homeowners does not reflect the plight of the nation's growing number of low- and moderate-income households.

[D]uring the tenure of Secretary Pierce HUD was an agency in total disarray and was woefully mismanaged. Housing programs established to benefit the poor were abused. During much of the 1980's, HUD was enveloped by influence peddling, favoritism, abuse, greed, fraud, embezzlement and theft. In many housing problems objective criteria gave way to …

Tenants' Rights In Police Power Condemnations Under State Statutes And Procedural Due Process, Eric Wills Orts

University of Michigan Journal of Law Reform

This Note explores the legal arguments available to tenants who want to resist arbitrary or unjustified condemnations of their buildings. Part I provides an overview of the legal and constitutional structure of the police power to condemn buildings. Part II analyzes state statutes governing the condemnation of buildings. Focusing on the statutory rights to notice and opportunity for a hearing provided to tenants, Part II concludes that a majority of states provide inadequate protection for tenants facing eviction by condemnation. Part II then proposes statutory reform, based on an approach taken by a minority of states. Part III demonstrates that …

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.

Federal Leased Housing Assistance In Private Accommodations: Section 8, Nancy S. Cohen

University of Michigan Journal of Law Reform

The public housing program, which does not involve private developers, was also criticized as wasteful, poorly conceived, and inequitable. Further, it appeared to some that the federal government was assuming the losses caused by the accelerating decline of large cities. As a result of various investigations and HUD audits, the FHA was in a state of chaos after recurring reorganizations. The administration's suspension of housing subsidies on January 5, 1973 was an added impetus for the passage of a new act. The resulting legislation, the Housing and Community Development Act of 1974,20 is the federal government's first significant set of …

The Proposed Housing Consolidation And Simplification Act Of 1971, William A. Newman

University of Michigan Journal of Law Reform

This note will describe the operation of selected housing programs and suggest some of the difficulties posed by the current statutory bases for these programs. It will then evaluate the effectiveness of the modifications contained in the proposed bill.

Slumlordism As A Tort--A Dissenting View, Walter J. Blum, Allison Dunham

Michigan Law Review

The persistence of substandard housing in urban centers stands as a challenge to law. There is a pressing need to re-examine whether prevailing legal doctrines are adequate for dealing with the problem and to suggest new doctrines where the old are found wanting. To their great credit, Joseph L. Sax and Fred J. Hiestand in their article "Slumlordism as a Tort" face up to these tasks boldly and vigorously. They conclude that, under existing conditions, it is imprudent to rely on public authorities to enforce housing codes and it is unlikely that legislatures will place sufficient enforcement powers in private …

Slumlordism As A Tort--A Brief Response, Joseph L. Sax

Michigan Law Review

Professors Blum and Dunham begin their comment by accusing us of having a new idea. We plead guilty. Our purpose was to demonstrate that accepted principles in analogous areas of law would support a slumlordism action, not to argue that tort law as presently applied would do so. Indeed, our basic intent was to underscore the myopia of existing tort law perspectives.

Slumlordism As A Tort, Joseph L. Sax, Fred J. Hiestand

Michigan Law Review

The war against poverty has been fought with rather more vigor than its initiators contemplated. Thus far, however, the major engagements have taken place in the streets of Watts and Chicago, which is not quite what they had in mind. Some, who think it odd that as we pass more laws we get more lawlessness, will perhaps content themselves by observing that the feeding hand is always bitten. Those less easily satisfied have begun to see the need for adopting some legal solutions as far reaching as the problems they are designed to abate; the following article is addressed to …