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Articles 31 - 53 of 53
Full-Text Articles in Housing Law
Suburban Cleveland's 20-Year Integration Struggle, W Dennis Keating
Suburban Cleveland's 20-Year Integration Struggle, W Dennis Keating
Law Faculty Articles and Essays
A retrospective look at open housing efforts in one of the nation's most segregated regions.
Judicial Approaches To Urban Housing Problems - A Study Of The Cleveland Housing Court, W. Dennis Keating
Judicial Approaches To Urban Housing Problems - A Study Of The Cleveland Housing Court, W. Dennis Keating
All Maxine Goodman Levin School of Urban Affairs Publications
This article reviews the role and impact of urban housing courts. It analyzes the findings of a detailed empirical study of Cleveland's housing court, which began operations in April 1980, and discusses the relationship of this court to code enforcement and resolution of landlord-tenant disputes. The court's role in innovative remedies, especially the appointment of receivers for abandoned housing, is also discussed and reforms are suggested. The article concludes with an overall assessment of the potential of housing courts to deal effectively with urban housing issues.
Landlord Self-Regulation: New York City's Rent Stabilization System, 1969-1985, W Dennis Keating
Landlord Self-Regulation: New York City's Rent Stabilization System, 1969-1985, W Dennis Keating
Law Faculty Articles and Essays
This article argues that New York City's self-regulation system failed. Its ultimate demise is attributable to several factors: the attempted insulation of decision making from public influence; the attempted exclusion of tenants from the decision-making structure; landlord domination of regulatory bodies and policies; widespread patterns of landlord violations of the rent destabilization code; the failure of regulatory bodies to adequately enforce available sanctions for code violations; and the emergence of countervailing tenant opposition, the subsequent politicization of critical issues and decisions and the eventual deligitimation of the system's structure.
Book Review, Progressive Cities And The Tenants Movement, W Dennis Keating
Book Review, Progressive Cities And The Tenants Movement, W Dennis Keating
Law Faculty Articles and Essays
Reviewing The Progressive City, Pierre Clavel, Planning and Participation, 1969-1984, Rutgers University Press, 1986.
An Overview Of Fair Housing, Kenneth J. Kowalski
An Overview Of Fair Housing, Kenneth J. Kowalski
Law Faculty Articles and Essays
The purpose of this article is to give an overview of federal fair housing laws and their impact on the real estate industry. This article limits its review to three principle federal statutes affecting equal-housing opportunities: Title VIII of the Civil Rights Act of 1968, 42 U.S.C. §3601 et seq. (hereinafter cited as the "Act" or "Title VIII") and the 1866 and 1870 Civil Rights Act, 42 U.S.C. §§1981, 1982 (respectively "section 1981" and "section 1982"). A review of the substantive provisions of the statutes, methods of enforcement, and judicial interpretations are included. The article also discusses specific evidentiary issues, …
Judicial Remedies In Pattern And Practice Suits Under The Fair Housing Act Of 1968: United States V. City Of Parma, Karen E. Rubin
Judicial Remedies In Pattern And Practice Suits Under The Fair Housing Act Of 1968: United States V. City Of Parma, Karen E. Rubin
Cleveland State Law Review
The elimination of racially segregated housing is a national goal of high priority. This goal is reflected in the pronouncements of law-makers and policy shapers, in decisional law, and in the existence of federal and state legislation designed to eradicate ghettos and replace them with "truly integrated and balanced" communities. Yet segregated housing patterns persist, often finding their source and legitimization in the policies and practices of local governments. This Note will examine an Ohio decision, United States v. City of Parma, and its impact on two issues: the bringing of a "pattern and practice" suit under Title VII of …
Maintaining Residential Integration: Municipal Practices And Law, Kermit J. Lind
Maintaining Residential Integration: Municipal Practices And Law, Kermit J. Lind
Cleveland State Law Review
This Article focuses on the policies and programs that can be established to sustain racial diversity in housing. It reviews the circumstances that give rise to such policies and programs, describes the legal framework within which they must be fit, and examines some of them in light of the needs and interests of policy makers in communities that are open to minority groups. Since effective housing integration policies and programs can vary significantly from one place to another, each municipality must consider its options in view of its circumstances and the changing conditions in its housing market. In response to …
Implied Warranties In Ohio Home Sales, Susan B. Brooks
Implied Warranties In Ohio Home Sales, Susan B. Brooks
Cleveland State Law Review
The majority of states other than Ohio have rejected the caveat emptor doctrine and adopted an implied warranty of habitability in the sale of new homes, but the irony of this situation is that it was an Ohio case, Vanderschrier v. Aaron, that first recognized implied warranties in the sale of a home. This Note will demonstrate that Ohio should adopt an implied warranty of habitability in the sale of new homes by builder-vendors.
Reforming The Mobile Home Tenant-Landlord Relationship: The Ohio Experience, Edward G. Kramer, James Buchanan, Marilyn Tobocman Sobol
Reforming The Mobile Home Tenant-Landlord Relationship: The Ohio Experience, Edward G. Kramer, James Buchanan, Marilyn Tobocman Sobol
Cleveland State Law Review
Ohio ranks among the top ten states for the total number of existing mobile homes. In addition, the sale of new and used mobile homes in Ohio has grown into a multi-million dollar business. Ohio has been slow, however, to respond to the needs of housing consumers who choose to live in mobile homes. Not until late 1977 was there a landlord-tenant law for mobile home residents. This article will review the development of the Ohio mobile home landlord-tenant law and the rights and obligations of mobile homeowners and park operators under this law.
Conversion Condominium Development: An Issue Of Tenants' Rights, Amy R. Goldstein
Conversion Condominium Development: An Issue Of Tenants' Rights, Amy R. Goldstein
Cleveland State Law Review
It is against the backdrop of burgeoning condominium conversion activity, rental housing shortages and diverse legislative controls that this Note will examine the issue of tenant protection as it has developed in Ohio. The consideration given to conversion condominium development in the 1978 amendments to the Ohio Condominium Property Act creates minimal, if any, protection for either tenants or the rental housing market. This Note will critically examine the pertinent provision of the Ohio Act, outline the municipal tenant protection laws which have subsequently been enacted in metropolitan Cleveland communities and consider the issue of whether these local conversion regulations …
The Cleveland Housing Court Act: New Answer To An Old Problem, Frederic P. White
The Cleveland Housing Court Act: New Answer To An Old Problem, Frederic P. White
Cleveland State Law Review
This Article will critically examine the Housing Court's historical setting, constitutional foundation and jurisdictional powers. In addition, comparison with systems established in other states provides possible alternative suggestions for successful operation. Finally, an in-depth analysis of current problems, including inadequate funds and staff, political manipulation and protracted procedural delays, seeks to answer the question of whether the Housing Court will become a meaningful and positive force for change, or simply an "indecisive, inefficient and interminable" bureaucratic nightmare.
Urban Housing Finance And The Redlining Controversy, Daniel F. Reidy
Urban Housing Finance And The Redlining Controversy, Daniel F. Reidy
Cleveland State Law Review
This note will focus upon three basic issues raised by the redlining controversy: first, whether or not redlining is in fact occurring; second, the role of government through legislation and regulatory agencies; third, emerging areas of litigation.
Pioneering Approaches To Confront Sex Bias In Housing, Betsey Friedman
Pioneering Approaches To Confront Sex Bias In Housing, Betsey Friedman
Cleveland State Law Review
This Note will be a national review of the past experiences with and potential action in the area of sex discrimination in residential real estate transactions. Emphasis will be on sex discrimination in the rental of real property, with a brief review of the more commonly acknowledged problem of credit discrimination in home sale financing. The present suitability of available state remedies will be discussed, with an analysis of the charges filed. And, the emergence of Fair Housing Act racial litigation will be explored, with a view towards its application in sex discrimination housing cases.
Compulsory Home Repair Laws, Maynard L. Graft Jr.
Compulsory Home Repair Laws, Maynard L. Graft Jr.
Cleveland State Law Review
In recent years legislative bodies at various levels of government have recognized the need for legally requiring the maintenance of housing at certain minimum standards. Such regulation has been deemed necessary because of the deterioration experienced by practically every major city in America. This deterioration causes a downward spiral usually resulting in complete blight in the deteriorating area. The first step toward blight is slight deterioration followed by neglect of repairs by owners and landlords (the latter neglect is an attempt to maintain a high return on investment, the former because of loss of faith in the quality of the …
State Legislative Response To The Housing Crisis, Richard E. Streeter, David G. Davies, Arthur V. N. Brooks
State Legislative Response To The Housing Crisis, Richard E. Streeter, David G. Davies, Arthur V. N. Brooks
Cleveland State Law Review
Great public attention has recently been focused on the crisis in housing facing all major urban areas in this country. This article has been prepared to bring close attention to one segment of the hoped for solution-legislative action needed on the state level.
Damages In Housing Discrimination Cases, James A. Ciocia
Damages In Housing Discrimination Cases, James A. Ciocia
Cleveland State Law Review
The existance of a shortage of adequate housing in the United States has further intensified the problems of those who suffer most when there is a shortage of anything-the minority groups. ... Contributing to the awareness of the public is the salient fact that within the last ten years there has been a consistent increase in the number of court cases dealing with housing discrimination. The scope of these cases has expanded from what had been a broad interpretation of public accommodation statutes to the award of damages, both compensatory and punitive, for private acts of discrimination which allegedly precipitated …
Impact Of A Community Association On Integrated Suburban Housing Patterns, Stephen J. Alfred, Charles R. Marcoux
Impact Of A Community Association On Integrated Suburban Housing Patterns, Stephen J. Alfred, Charles R. Marcoux
Cleveland State Law Review
Community associations-neighbors who join together in recognition of common interests and sometimes in pursuit of greater political influence-appear and disappear with the ebb and flow of local issues. Home community organizations have concerned themselves with installation of improvements, such as sidewalks and sewers; others, with the quality of municipal services, property maintenance, and compliance with building and zoning laws. More recently, however, such community organizations have sprung into life for the purpose of dealing with the emotionally-charged issue of racial integration in their neighborhoods. This paper will explore the development of The Lomond Association, a community organization committed to a …
Hidden Risks In Real Estate Title Transactions, Sherman Hollander
Hidden Risks In Real Estate Title Transactions, Sherman Hollander
Cleveland State Law Review
No amount of care can avoid certain of the title hazards which a real estate transaction may encounter. The most careful attorney can do little or nothing, in such situations, to sidestep the pitfalls. In at least some such cases the legislature could provide relief by reducing the risk to innocent parties. To do so requires perceptive review of some timehonored concepts. A number of types of other problems exist where a careful attorney may reduce the risk faced by his client. Even here perhaps the legislature could consider statutory improvements. It would be more fair and equitable if extraordinary …
Effects Of Fair Housing Laws On Single Family Homes, Joseph C. Hunter
Effects Of Fair Housing Laws On Single Family Homes, Joseph C. Hunter
Cleveland State Law Review
In 1965 the 106th Ohio General Assembly passed Ohio's first fair housing law effective October 30, 1965. Doing so, the Ohio legislature extended the jurisdiction of the existing Ohio Civil Rights Commission to the field of housing. By excluding single and double owner-occupied residential dwellings, the 1965 law had a limited effect upon approximately fifty per cent of the housing in the state of Ohio. This paper will not deal with the unlawful practices involving lending institutions, restrictive covenants or blockbusting. Instead it will address itself to the administration of that portion of Chapter 4112 of the Ohio Revised Code …
Effect Of Usury Laws On Home Ownership Needs, Richard S. Stoddart, Earl R. Hoover
Effect Of Usury Laws On Home Ownership Needs, Richard S. Stoddart, Earl R. Hoover
Cleveland State Law Review
In this paper we examine usury laws which thwart the thrift industry, particularly savings and loan associations, from entering fully into the needed home financing picture of the 1970's. If there is virtue in owning a home, be it a normal house, mobile home, condominium or a 99-year leasehold, (and the very basis of American life suggests that there is), and if the predicted housing boom is actually to occur, substantial changes should be made in laws which frustrate home financing.
Aesthetics And The Police Power, Robert J. Dicello
Aesthetics And The Police Power, Robert J. Dicello
Cleveland State Law Review
Under the Ohio Constitution municipalities have the authority to exercise all powers of local self-government. This authority is exercised through police power which is sufficient to support the enactment and enforcement of a wide variety of regulations which serve the public welfare. The police power, then, is the means whereby there is delegated by the state to the municipality effective power to promote and protect the general welfare. The purpose of any enforceable ordinance established under the police power must be directly related to the general welfare of the community wherein it operates.
Housing Code Enforcement - A New Approach, Richard J. Marco, James P. Mancino
Housing Code Enforcement - A New Approach, Richard J. Marco, James P. Mancino
Cleveland State Law Review
Recognizing the national housing crises and the inadequate progress toward solutions through the utilization of either present code enforcement techniques or the ponderous urban renewal processes, new methods, techniques and approaches for the enforcement of housing code standards were sought.
Tenant Unions: Legal Rights Of Members, Volodymyr O. Bazarko
Tenant Unions: Legal Rights Of Members, Volodymyr O. Bazarko
Cleveland State Law Review
Various articles have been written about the sociological aspects of tenant unions. This paper will consider, however, only the following tenant union problems: 1. the right of a tenant union to provide an attorney to represent its members in the litigation of personal causes against the landlord; 2. the right of a tenant union, acting as an entity, to bargain collectively with the landlord, sign a contract with him, and then enforce the contract; 3. the right of a tenant union to sue the landlord on behalf of its members.