Open Access. Powered by Scholars. Published by Universities.®

Housing Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 30 of 49

Full-Text Articles in Housing Law

The New Tipping Point: Disruptive Politics And Habituating Equality, Sarah E. Waldeck, Rachel D. Godsil Jan 2021

The New Tipping Point: Disruptive Politics And Habituating Equality, Sarah E. Waldeck, Rachel D. Godsil

Faculty Publications & Other Works

This Essay argues that the events of 2020 opened a window of political opportunity to implement policies aimed at dismantling structural injustice and systemic racism. Building on the work of philosopher Charles Mills and political scientist Clarissa Rile Hayward, we argue that the Black Lives Matter Movement constituted the “disruptive politics” necessary to shift dispositions of many in the United States toward racial equity by interrupting the white “epistemologies of ignorance.” Moreover, because policies that correct structural injustice are beneficial for people across race, even those whose hearts and minds remained closed may embrace legislative policies that function to dismantle …


Home Equity: Rethinking Race And Federal Housing Policy, Sarah E. Waldeck, Rachel D. Godsil Jan 2021

Home Equity: Rethinking Race And Federal Housing Policy, Sarah E. Waldeck, Rachel D. Godsil

Faculty Publications & Other Works

Neighborhoods shape every element of our lives. Where we live determines economic opportunities; our exposure to police and pollution; and the availability of positive amenities for a healthy life. Home inequity—both financial and racial—is not accidental. Federal government programs have armed white people with agency to construct “white” spaces while stigmatizing “Black” spaces. The urgency of addressing structural injustice in housing has been laid bare by police-involved shootings and the disparate death rates linked to COVID-19.

Using political philosopher Tommy Shelbie’s theory of corrective justice, this Article explores the historical and present-day harms that need to be rectified and then …


The New Tipping Point: Disruptive Politics And Habituating Equality, Sarah E. Waldeck, Rachel D. Godsil Jan 2021

The New Tipping Point: Disruptive Politics And Habituating Equality, Sarah E. Waldeck, Rachel D. Godsil

Faculty Publications & Other Works

This Essay argues that the events of 2020 opened a window of political opportunity to implement policies aimed at dismantling structural injustice and systemic racism. Building on the work of philosopher Charles Mills and political scientist Clarissa Rile Hayward, we argue that the Black Lives Matter Movement constituted the “disruptive politics” necessary to shift dispositions of many in the United States toward racial equity by interrupting the white “epistemologies of ignorance.” Moreover, because policies that correct structural injustice are beneficial for people across race, even those whose hearts and minds remained closed may embrace legislative policies that function to dismantle …


Home Equity: Rethinking Race And Federal Housing Policy, Rachel D. Godsil, Sarah E. Waldeck Jan 2021

Home Equity: Rethinking Race And Federal Housing Policy, Rachel D. Godsil, Sarah E. Waldeck

Faculty Publications & Other Works

Neighborhoods shape every element of our lives. Where we live determines economic opportunities; our exposure to police and pollution; and the availability of positive amenities for a healthy life. Home inequity—both financial and racial—is not accidental. Federal government programs have armed white people with agency to construct “white” spaces while stigmatizing “Black” spaces. The urgency of addressing structural injustice in housing has been laid bare by police-involved shootings and the disparate death rates linked to COVID-19.

Using political philosopher Tommy Shelbie’s theory of corrective justice, this Article explores the historical and present-day harms that need to be rectified and then …


Hate Wins, Courtney Lauren Anderson Jan 2020

Hate Wins, Courtney Lauren Anderson

Loyola University Chicago Law Journal

The controversy surrounding the conflict between hate crimes and the First Amendment makes the task of even defining hate crimes difficult. Actions that some find prejudicial are simply expressive to others. This diversion obstructs efforts to collect data on hate crimes and deploy a unified legal or prosecutorial response. The antidiscrimination purpose of the Fair Housing Act is known, despite questions surrounding the Act’s breadth, and the inconsistent prioritization and interpretation of the Act that comes with changing the person who holds the position of the Secretary of the Office of Housing and Urban Development (HUD). This paper sets forth …


Arlington Heights Won In The Supreme Court But The Fair Housing Act's Goal Of Promoting Racial Integration Saved The Low-Income Housing, Henry Rose Jan 2019

Arlington Heights Won In The Supreme Court But The Fair Housing Act's Goal Of Promoting Racial Integration Saved The Low-Income Housing, Henry Rose

Faculty Publications & Other Works

In the early 1970’s, a developer sought a zoning change to a parcel of land in Arlington Heights, Illinois that would allow for the construction of government-subsidized low income housing. Arlington Heights denied the zoning change and the developer and several potential residents of the housing sued Arlington Heights arguing that this denial violated both equal protection under the Fourteenth Amendment of the United States Constitution and the federal Fair Housing Act (FHA). In Vil. Of Arlington Heights v. Metro. Housing Dev., 429 U.S. 252 (1977), the case reached the United States Supreme Court on the equal protection issue and …


Crime-Free Housing Ordinances: One Call Away From Eviction, Nicole Livanos Jan 2014

Crime-Free Housing Ordinances: One Call Away From Eviction, Nicole Livanos

Public Interest Law Reporter

No abstract provided.


Let's Talk: How Mediation Programs Provide Access To Justice For Homeowners Going Through Foreclosure, Melina Rozzisi Jan 2013

Let's Talk: How Mediation Programs Provide Access To Justice For Homeowners Going Through Foreclosure, Melina Rozzisi

Public Interest Law Reporter

No abstract provided.


What's Next For Lathrop Homes? , Emily Coffey Jan 2013

What's Next For Lathrop Homes? , Emily Coffey

Public Interest Law Reporter

No abstract provided.


A Homeless Bill Of Rights: Step By Step From State To State, Jonathan Sheffield Jan 2013

A Homeless Bill Of Rights: Step By Step From State To State, Jonathan Sheffield

Public Interest Law Reporter

No abstract provided.


How The Pursuit Of The American Dream Turned Into Chicago's Housing Nightmare, Laughlin Cutler Jan 2012

How The Pursuit Of The American Dream Turned Into Chicago's Housing Nightmare, Laughlin Cutler

Public Interest Law Reporter

No abstract provided.


Cause And Effect: Criminalizing The American Dream, Jessica Sanchez Jan 2012

Cause And Effect: Criminalizing The American Dream, Jessica Sanchez

Public Interest Law Reporter

No abstract provided.


Mixed-Income Housing: A Collaborative Strategy To Spark Urban Economic Development, Daina Staisiunas Jan 2012

Mixed-Income Housing: A Collaborative Strategy To Spark Urban Economic Development, Daina Staisiunas

Public Interest Law Reporter

No abstract provided.


"Step By Step The Longest March Can Be Won": The Struggle To Define Housing As A Human Right, John Bartlett Jan 2012

"Step By Step The Longest March Can Be Won": The Struggle To Define Housing As A Human Right, John Bartlett

Public Interest Law Reporter

No abstract provided.


Community Collateral Damage: A Question Of Priorities, Andrea J. Boyack Jan 2011

Community Collateral Damage: A Question Of Priorities, Andrea J. Boyack

Loyola University Chicago Law Journal

Today's soaring mortgage default rate and the uncertainty and delay associated with mortgage foreclosure proceedings threaten to cause financial tragedies of the commons in condominiums and homeowner associations across the country. Assessment defaults in privately governed communities result in an inequitable allocation of upkeep costs-a phenomenon that current law has failed to prevent. But the collateral damage caused by delayed foreclosures and insufficient recoveries can be minimized by increasing the payment priority of the association lien.

In a majority of states, association liens are completely subordinate to the first mortgage lien. At foreclosure of the mortgage lien, the junior priority …


The Due Process Rights Of Residential Tenants In Mortgage Foreclosure Cases., Henry Rose Jan 2011

The Due Process Rights Of Residential Tenants In Mortgage Foreclosure Cases., Henry Rose

Faculty Publications & Other Works

No abstract provided.


The Foreclosure Crisis In Chicago, Ilyas Lakada Jan 2011

The Foreclosure Crisis In Chicago, Ilyas Lakada

Public Interest Law Reporter

No abstract provided.


Integration Proves Elusive, Challenging Under Cha's Plan For Transformation, Sheena Payne Jan 2011

Integration Proves Elusive, Challenging Under Cha's Plan For Transformation, Sheena Payne

Public Interest Law Reporter

No abstract provided.


Are You There, Mayor Emanuel? It's Me, Chicago Public Housing, Aileen Che Jan 2011

Are You There, Mayor Emanuel? It's Me, Chicago Public Housing, Aileen Che

Public Interest Law Reporter

No abstract provided.


The Fight To Stay At Cabrini-Green, Emily Magnusen Jan 2011

The Fight To Stay At Cabrini-Green, Emily Magnusen

Public Interest Law Reporter

No abstract provided.


It's More Than Ramps: Housing Accessibility For People With Disabilities, Kim Borowicz, Hillary Coustan Jan 2011

It's More Than Ramps: Housing Accessibility For People With Disabilities, Kim Borowicz, Hillary Coustan

Public Interest Law Reporter

No abstract provided.


"How Did This Happen To Me?": The Ugly Truth About Real Estate Scams, Valerie Uribe Jan 2010

"How Did This Happen To Me?": The Ugly Truth About Real Estate Scams, Valerie Uribe

Public Interest Law Reporter

No abstract provided.


Subprime Bailouts And The Predatory State., Steven A. Ramirez Jan 2009

Subprime Bailouts And The Predatory State., Steven A. Ramirez

Faculty Publications & Other Works

No abstract provided.


Chicago 2016 Olympics: Legislative Impact On Construction, The Public And The Affordable Housing Market, Chantal Kazay Jan 2009

Chicago 2016 Olympics: Legislative Impact On Construction, The Public And The Affordable Housing Market, Chantal Kazay

Public Interest Law Reporter

No abstract provided.


Today's Predatory Lending Tactics Require New Strategies - And New Laws: How A Case From Chicago Helped Change Illinois Law, Daniel P. Lindsey, Lea A. Weems Jan 2008

Today's Predatory Lending Tactics Require New Strategies - And New Laws: How A Case From Chicago Helped Change Illinois Law, Daniel P. Lindsey, Lea A. Weems

Public Interest Law Reporter

No abstract provided.


Legislating Affordable Housing In Chicago's Private Real Estate Market, Monica Carranza Jan 2008

Legislating Affordable Housing In Chicago's Private Real Estate Market, Monica Carranza

Public Interest Law Reporter

No abstract provided.


Lawmakers Propose The Hearth Act To Aid Millions Of Homeless Americans, Nigel Graham Jan 2008

Lawmakers Propose The Hearth Act To Aid Millions Of Homeless Americans, Nigel Graham

Public Interest Law Reporter

No abstract provided.


Trying To Protect Elderly And Mentally Incompetent Homeowners: One Tax Deed Case At A Time., Daniel Koen Jan 2008

Trying To Protect Elderly And Mentally Incompetent Homeowners: One Tax Deed Case At A Time., Daniel Koen

Public Interest Law Reporter

No abstract provided.


Offering Hope To Post-Katrina Communities, Amee Patel Jan 2006

Offering Hope To Post-Katrina Communities, Amee Patel

Public Interest Law Reporter

No abstract provided.


Many Still Experiencing The Terrifying Effects Of Katrina, Clemon Ashley Jan 2006

Many Still Experiencing The Terrifying Effects Of Katrina, Clemon Ashley

Public Interest Law Reporter

No abstract provided.