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New York Law School

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Articles 31 - 54 of 54

Full-Text Articles in Housing Law

The Higher Cost Of Being African-American Or Latino: Subprime Home Mortgage Lending In New York City, 2004-2005, Richard D. Marsico Jan 2007

The Higher Cost Of Being African-American Or Latino: Subprime Home Mortgage Lending In New York City, 2004-2005, Richard D. Marsico

Articles & Chapters

The recent turmoil in the financial markets caused by rising default rates on subprime residential home mortgages should not obscure that several studies have shown that African-Americans, Latinos, and residents of predominantly minority neighborhoods receive a disproportionately high percentage of subprime loans. The subprime lending crisis should also not obscure the fact that they have also received a disproportionately low percentage of all home mortgage loans.

This report uses data made public pursuant to the Home Mortgage Disclosure Act (HMDA) to examine home mortgage lending in New York City in 2004 and 2005 to determine whether African-Americans, Latinos, and residents …


Solving The Contentious Issues Of Private Conservation Easements: Promoting Flexibility For The Future And Engaging The Public Land Use Process, Gerald Korngold Jan 2007

Solving The Contentious Issues Of Private Conservation Easements: Promoting Flexibility For The Future And Engaging The Public Land Use Process, Gerald Korngold

Articles & Chapters

Over the past thirty years, statutes have reversed the common law and authorized private conservation organizations to hold conservation easements "in gross." These interests allow nonprofits to control the use and development of the burdened property by preventing alterations of the natural and ecological features. Conservation easements can be held by organizations geographically distant from the restricted land.

Conservation easements bring great benefits as they support conservation, represent private initiative, yield efficiency benefits, and exemplify freedom of choice of property owners. There are costs, however: significant federal and state tax subsidies, the lack of coordinated planning and public process, class …


Why People Who Face Losing Their Homes In Legal Proceedings Must Have A Right To Counsel, Andrew Scherer Jan 2006

Why People Who Face Losing Their Homes In Legal Proceedings Must Have A Right To Counsel, Andrew Scherer

Articles & Chapters

No abstract provided.


Securing A Civil Right To Counsel: The Importance Of Collaborating, Andrew Scherer Jan 2006

Securing A Civil Right To Counsel: The Importance Of Collaborating, Andrew Scherer

Articles & Chapters

No abstract provided.


Democratizing Capital: The History, Law, And Reform Of The Community Reinvestment Act, Richard D. Marsico Jan 2005

Democratizing Capital: The History, Law, And Reform Of The Community Reinvestment Act, Richard D. Marsico

Articles & Chapters

The Community Reinvestment Act of 1977 (CRA) has made great progress in achieving its dual purposes: eliminating bank redlining and promoting reinvestment in previously redlined neighborhoods. In doing so, the CRA has helped to democratize capital by giving more people a voice in bank lending decisions and including more people in the economic mainstream by influencing banks to make loans to them to buy homes or open small businesses. Despite the CRA's success, the CRA has not reached its full potential. One of the main reasons for this is that the federal agencies that enforce the CRA are so fearful …


The Human Right To Housing: Making The Case In U.S. Advocacy, Maria Foscarinis, Brad Paul, Bruce Porter, Andrew Scherer Jan 2004

The Human Right To Housing: Making The Case In U.S. Advocacy, Maria Foscarinis, Brad Paul, Bruce Porter, Andrew Scherer

Articles & Chapters

No abstract provided.


The Human Right To Housing: Making The Case In U.S. Advocacy, Maria Foscarinis, Brad Paul, Bruce Porter, Andrew Scherer Jan 2004

The Human Right To Housing: Making The Case In U.S. Advocacy, Maria Foscarinis, Brad Paul, Bruce Porter, Andrew Scherer

Articles & Chapters

American anti-poverty advocates are increasingly focusing on expressing homelessness as a violation of fundamental human rights. Conceptualizing homelessness as a human rights violation can help add legal content to advocacy goals, and help build support for the housing resources, policy changes, and improved legal protective measures needed to ensure access to housing.

This article explores the right to housing in domestic and international law, how to evaluate compliance with the right in the United States, and how to employ legal strategies in support of claims to the right. Theauthors review the status of international law in U. S. law and …


Patterns Of Lending To Low-Income And Minority Persons And Neighborhoods: The 1999 New York Metropolitan Area Lending Scorecard, Richard D. Marsico Jan 2001

Patterns Of Lending To Low-Income And Minority Persons And Neighborhoods: The 1999 New York Metropolitan Area Lending Scorecard, Richard D. Marsico

Articles & Chapters

This paper analyzes home mortgage lending patterns in the New York Metropolitan Area. It examines lending to four particular underserved populations: minority persons, predominantly minority neighborhoods; low-income persons; and low-income neighborhoods. The paper compares lending to these populations to lending to control groups and over time in order to evaluate whether the needs of the underserved populations are being met. The paper also analyzes the records of individual lenders at meeting the credit needs of those four populations and ranks the lenders accordingly. The paper also analyzes trends in subprime lending to these four populations.


The Emergence Of Private Land-Use Controls In Large-Scale Subdivisions: The Companion Story To Village Of Euclid V. Ambler Realty Co., Gerald Korngold Jan 2001

The Emergence Of Private Land-Use Controls In Large-Scale Subdivisions: The Companion Story To Village Of Euclid V. Ambler Realty Co., Gerald Korngold

Articles & Chapters

No abstract provided.


Landlord-Tenant Court In New York City At The Turn Of The Nineteenth Century, Richard H. Chused Jan 2000

Landlord-Tenant Court In New York City At The Turn Of The Nineteenth Century, Richard H. Chused

Articles & Chapters

No abstract provided.


Renegotiation And Secured Credit: Explaining The Equity Of Redemption, Marshall E. Tracht Jan 1999

Renegotiation And Secured Credit: Explaining The Equity Of Redemption, Marshall E. Tracht

Articles & Chapters

The prohibition against "clogging the equity of redemption" has been enforced by the courts for centuries, yet the traditional justifications (invoking fairness or unfair bargaining power) offered for this central premise of mortgage law are rather unconvincing, particularly in the commercial context. After describing and critiquing the traditional view, this article lays out an alternative justification for the equity of redemption, stressing the role of the law in fostering efficient renegotiation upon default. This view explains why the equity of redemption cannot be waived in the initial loan documents, and why it can be waived in subsequent workouts only if …


Shedding Some Light On Lending: The Effect Of Expanded Disclosure Laws On Home Mortgage Marketing, Lending And Discrimination In The New York Metropolitan Area, Richard D. Marsico Jan 1999

Shedding Some Light On Lending: The Effect Of Expanded Disclosure Laws On Home Mortgage Marketing, Lending And Discrimination In The New York Metropolitan Area, Richard D. Marsico

Articles & Chapters

No abstract provided.


Brief For The United States As Amicus Curiae, Department Of Justice Jul 1996

Brief For The United States As Amicus Curiae, Department Of Justice

Other Cases

No abstract provided.


Is There Life After Abandonment--The Key Role Of New York City's In Rem Housing In Establishing An Entitlement To Decent, Affordable Housing, Andrew Scherer Jan 1995

Is There Life After Abandonment--The Key Role Of New York City's In Rem Housing In Establishing An Entitlement To Decent, Affordable Housing, Andrew Scherer

Articles & Chapters

No abstract provided.


Local And Federal Statutory And Regulatory Bases For Preventing Lead Poisoning, Lucy Billings Jan 1995

Local And Federal Statutory And Regulatory Bases For Preventing Lead Poisoning, Lucy Billings

Articles & Chapters

No abstract provided.


The New York Law School Reporter, Vol 8, No. 2, May 1991, New York Law School May 1991

The New York Law School Reporter, Vol 8, No. 2, May 1991, New York Law School

Student Newspapers

No abstract provided.


Brasci V. Stahl: Family Redefined, Eileen Kaspar Jan 1990

Brasci V. Stahl: Family Redefined, Eileen Kaspar

NYLS Journal of Human Rights

No abstract provided.


Resolving The Flaws Of Residential Servitudes Associations: For Reformation Not Termination, Gerald Korngold Jan 1990

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

Articles & Chapters

No abstract provided.


Single Family Use Covenants: For Achieving A Balance Between Traditional Family Life And Individual Autonomy, Gerald Korngold Jan 1989

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

Articles & Chapters

No abstract provided.


Gideon's Shelter: The Need To Recognize A Right To Counsel For Indigent Defendants In Eviction Proceedings, Andrew Scherer Jan 1988

Gideon's Shelter: The Need To Recognize A Right To Counsel For Indigent Defendants In Eviction Proceedings, Andrew Scherer

Articles & Chapters

No abstract provided.


A Case For Asylum, Lawrence Appleby, Prakash Desai Jan 1986

A Case For Asylum, Lawrence Appleby, Prakash Desai

NYLS Journal of Human Rights

No abstract provided.


Memorandum In Support Of Plaintiffs' Motion For Preliminary Injunction, Southern Alameda Spanish Speaking Organization Dec 1969

Memorandum In Support Of Plaintiffs' Motion For Preliminary Injunction, Southern Alameda Spanish Speaking Organization

Other Cases

No abstract provided.


Order To Show Cause, United States District Court, Northern District Of Indiana Oct 1969

Order To Show Cause, United States District Court, Northern District Of Indiana

Other Cases

No abstract provided.


Amended And Supplemental Complaint, Southern Alameda Spanish Speaking Organization Oct 1969

Amended And Supplemental Complaint, Southern Alameda Spanish Speaking Organization

Other Cases

No abstract provided.