Housing Law Commons^™

Market Impact In The Information Age: Protecting Hotel Owners From Hotel Management Companies, Charles S. Hale Ii

West Virginia Law Review

No abstract provided.

Taking The Stand: The Lessons Of The Three Men Who Took The Japanese American Internment To Court, Lorraine K. Bannai

Seattle Journal for Social Justice

No abstract provided.

Racial Integration And Community Revitalization: Applying The Fair Housing Act To The Low Income Housing Tax Credit, Myron Orfield

Vanderbilt Law Review

A growing national debate about the future of race, housing, and urban policy in the United States is reflected in the recent controversy over the administration of the Low-Income Housing Tax Credit ("LIHTC") program, the largest federal program that supports building low-income housing. Administered by the Treasury Department, the program allows investors in residential rental property to claim tax credits for the development or rehabilitation of property to be rented to low-income tenants. The program is implemented mainly through state agencies which distribute the credit to developers on a competitive basis. Part of the LIHTC statute, which passed without debate …

Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor

ExpressO

No abstract provided.

Home As A Legal Concept, Benjamin Barros

ExpressO

This article, which is the first comprehensive discussion of the American legal concept of home, makes two major contributions. First, the article systematically examines how homes are treated more favorably than other types of property in a wide range of legal contexts, including criminal law and procedure, torts, privacy, landlord-tenant, debtor-creditor, family law, and income taxation. Second, the article considers the normative issue of whether this favorable treatment is justified. The article draws from material on the psychological concept of home and the cultural history of home throughout this analysis, providing insight into the interests at stake in various legal …

Being Reasonable Under The Fair Housing Amendments Act: Allowing Changes In Rent-Admission Policies To Accommodate The Disabled Renter's Economic Status, Abram B. Gregory

Indiana Law Journal

No abstract provided.

The Kelo Threshold: Private Property And Public Use Reconsidered, Steven E. Buckingham

University of Richmond Law Review

No abstract provided.

Residential Adjustments Of Elders: Perspectives Of Elders And Their Adult Children, Alison S. Gottlieb, Elizabeth Johns, Francis G. Caro

Gerontology Institute Publications

While elders tend to prefer to “age in place,” they often have reason to consider residential alternatives. Declining health and loss of social supports invite elders to consider modifying their homes or moving to other settings that are less demanding and more supportive. Residential adjustments of elders are often a family issue. Among middle-aged adults, worry about the safety of aging parents in their residential environments is widespread. Also common is frustration among adult children about their difficulties in persuading parents to make recommended residential adjustments.

We conducted a qualitative study on residential decision-making based on focus groups and qualitative …

New Urbanism: Urban Development And Ethnic Integration In Europe And The United States, James A. Kushner

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Second Amended Complaint, Gassman V. Frischholtz Et Al, Docket No. 1:05-Cv-05377 (Northern District Of Illinois 2005), F. Willis Caruso, John Marshall Law School Fair Housing Legal Clinic

Court Documents and Proposed Legislation

No abstract provided.

Amended Complaint, Gassman V. Frischholtz Et Al, Docket No. 1:05-Cv-05377 (Northern District Of Illinois 2005), F. Willis Caruso, John Marshall Law School Fair Housing Legal Clinic

Court Documents and Proposed Legislation

No abstract provided.

Defendants' Answers To Plaintiffs' First Amended Complaint And Affirmative Defenses, Laborers' Pension Welfare Fund V. Cruz Construction Inc., Docket No. 1:04-Cv-04653 (Northern District Of Illinois Jul 15, 2004), J. Damian Ortiz, John Marshall Law School Fair Housing Legal Clinic

Court Documents and Proposed Legislation

No abstract provided.

An Implied Warranty Of Freedom From Sexual Harassment: The Solution For Harassed Tenants Where The Fair Housing Act Has Failed, Theresa Keeley

University of Michigan Journal of Law Reform

Although sexual harassment in the workplace is recognized as a problem, sexual harassment in housing has largely been ignored. When confronting sexual harassment in housing, courts have borrowed standards for sexual harassment in the workplace. Criticism of this practice exists; however this Article examines the real source of the problem: bringing sexual harassment claims under the Fair Housing Act. Specifically, this Article shows how and why the Fair Housing Act fails to address the problem of sexual harassment in housing. To remedy this failure, this Article proposes an "implied warranty of freedom from sexual harassment" that both restores the tenant's …

The Fair Housing Act And Religious Freedom, 11 Tex. J. C.L. & C.R. 1 (2005), Michael P. Seng

UIC Law Open Access Faculty Scholarship

No abstract provided.

Laying Down The Law: Bringing Down The Legal Cartel In Real Estate Settlement Services And Beyond, Margaret O. Rentz

Georgia Law Review

America is in the midst of an explosion in the demand for legal services, yet few Americans can afford to pay the ever-increasing cost of legal fees and are thus continually deprived of access to the legal system. Non lawyers have responded to this problem by entering the market and attempting to provide basic legal services at deeply discounted rates. Under the guise of "consumer protection," the bar has responded by blocking non lawyers from 'practicing law" with unauthorized practice statutes. A debate has emerged over whether UPL statutes actually serve American consumers or merely guard the legal cartel's economic …

No Pets Allowed: Housing Issues And Companion Animals, Rebecca J. Huss

Animal Law Review

Companionship, emotional support, assistance for disabled family members, and general health benefits are just a few examples of why people choose to keep pets in their homes. This article explores the major legal issues that arise when people desire to keep companion animals in various types of housing. The Author examines the effects of federal, state, and local laws, as well as common contract clauses.

Complaint, Gassman V. Frischholtz Et Al, Docket No. 1:05-Cv-05377 (Northern District Of Illinois 2005), F. Willis Caruso, John Marshall Law School Fair Housing Legal Clinic

Court Documents and Proposed Legislation

No abstract provided.

Second Amended Complaint, Gilbert V. Thorndale Beach North Condominium Assoc., Docket No. 1:03-Cv-07844 (Northern District Of Illinois Nov 04, 2003), F. Willis Caruso, J. Damian Ortiz, John Marshall Law School Fair Housing Legal Clinic

Court Documents and Proposed Legislation

No abstract provided.

Discrimination Against Voucher Recipients Now Prohibited In Chicago, Andrew Dougherty

Public Interest Law Reporter

No abstract provided.

Brief Of Amicus Curiae The John Marshall Law School Fair Housing Legal Support Center In Support Of Reversal Of The Panel's Decision, Wisconsin Community Service, Inc. V. City Of Milwaukee, Docket No. 04-1966, 465 F.3d 737 (Seventh Circuit Court Of Appeals 2006), Michael P. Seng, F. Willis Caruso, J. Damian Ortiz, John Marshall Law School Fair Housing Legal Clinic

Court Documents and Proposed Legislation

No abstract provided.

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 …

15th Annual Forum On Affordable Housing & Community Development Law: 2006 Michael Scher Award Given To William C. Kelly, Nestor M. Davidson, Leonard A. Zax

Faculty Scholarship

No abstract provided.

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 Nature Of Representation: The Cherokee Right To A Congressional Delegate, Ezra Rosser

Scholarly Articles in Law Reviews & Journals

This paper explores the history and present day implications of the Cherokee Nation's 1835 treaty-based right to a Congressional Delegate.

Borrowing Trouble? V: Subprime Mortgage Lending In Greater Boston, 2000-2003, Jim Campen

Gastón Institute Publications

Four years ago, in response to numerous reports of the growth of predatory lending, both locally and nationwide, the Massachusetts Community & Banking Council (MCBC) – whose Board of Directors has an equal number of bank and community representatives – commissioned a study of subprime refinance lending in the city of Boston and surrounding communities. The resulting report, Borrowing Trouble? Subprime Mortgage Lending in Greater Boston, 1999, was the first detailed look at subprime lending in the city of Boston and in twenty-seven surrounding communities.

This is the fifth report in the annual series begun by that initial study. …