Housing Law Commons^™

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 …

Introduction, Monroe E. Price

Cardozo Law Review

No abstract provided.

Passion In Legal Argument And Judicial Decisionmaking: A Comment On Goldberg V. Kelly, Stephen Wizner

Cardozo Law Review

No abstract provided.

Lawyers And Informal Justice: The Case Of A Public Housing Eviction Board, Richard O. Lempert, Karl Monsma

Articles

When lawyers think of civil procedure they almost invariably think of the rules of civil procedure and the formality they entail. A course in civil procedure focusing almost exclusively on the Federal Rules of Civil Procedure is in most law schools part of the traditional first-year curriculum. Indeed some would argue that it is at the core of that curriculum, for more than any other first-year course it takes students away from familiar moral anchors and instructs them in a set of distinctively legal practices and values. The ability to manipulate the legal system's rules of procedure is the most …

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.

1698 11th Street, Susie Van Kirk

Susie Van Kirk Papers

Compilation of records and deed information regarding the 1698 11th Street house.

The Legality Of Race-Conscious Access Quotas Under The Fair Housing Act Of 1968, Marc A. Kushner

Cardozo Law Review

No abstract provided.

Expanding Traditional Land Use Authority Through Environmental Legislation: The Regulation Of Affordable Housing, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

This article is devoted to an examination of local land use regulation in the context of the use of SEQRA and its mandate, to mitigate environmental impacts to require the provision of affordable housing in high cost housing markets. As such, it looks at one contemporary manifestation of the growth of police power authority to meet new land use challenges.

Enforcement Of Acceleration Provisions And The Rhetoric Of Good Faith, R. Wilson Freyermuth

Faculty Publications

Today, virtually all mortgages contain acceleration clauses permitting the mortgagee to accelerate the mortgage indebtedness upon default by the mortgagor as defined in the mortgage loan documentation. Section 8.1 of the new Restatement (Third) of Property: Mortgages [hereinafter Mortgages Restatement]1 endorses the view that these mortgage acceleration provisions are generally enforceable after default in accordance with their terms. Following default and acceleration, the mortgagor may prevent foreclosure only by redeeming the property from the mortgage debt, i.e., “only by paying or tendering to the mortgagee the full accelerated mortgage obligation.” Section 8.1(d)(3), however, places certain constraints upon the mortgagee's right …

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

Loyola University Chicago Law Journal

No abstract provided.

Book Review, The Failure Of The Private Housing Market, W Dennis Keating

Law Faculty Articles and Essays

Reviewing Rethinking Rental Housing, John Gilderboom and Richard Appelbaum, Temple University Press, 1988.

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.

The Low-Income Housing Tax Credit: A Poor Solution To The Housing Crisis, Janet Stearns

Articles

No abstract provided.

Private Enforcement And The Fair Housing Act, Robert G. Schwemm

Law Faculty Scholarly Articles

The first section of the Fair Housing Act declares that "[i]t is the policy of the United States to provide, within constitutional limitations, for fair housing throughout the United States." If the United States has been officially committed to providing for fair housing for the past 20 years, why is segregated housing still the prevailing norm throughout our nation? Why does discrimination still regularly occur when minority homeseekers venture into white areas? Why are the opportunities for living in stable, integrated neighborhoods only marginally better now than they were a generation ago in the days of Lyndon Johnson, Everett McKinley …

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

Articles & Chapters

No abstract provided.

Taxation Without Premeditation: An Economic Analysis Of The Structure, Regulation And Strangulation Of The Private Activity Bond Market, Kevin Outterson

Faculty Scholarship

Private Activity Bonds (PABs) are private debt issued under the auspices of state governments. The states issued $119.4 billion dollars of long-term PABs in 1985. Utilizing the state government conduit transforms the bond interest into federally tax exempt income. As a result, PABs bear lower interest rates than comparable taxable bonds. PAB financing significantly reduces private capital costs at the expense of the Federal Treasury. The structure of the PAB subsidy is fundamentally flawed. State governments subsidize local businesses and investments with PABs, often in competition with sister states. The states receive significant local benefits, but bear no direct costs …