Housing Law Commons^™

Barriers To Accessible Housing: Enforcement Issues In "Design And Construction" Cases Under The Fair Housing Act, Robert G. Schwemm

University of Richmond Law Review

No abstract provided.

Borrowing Trouble? Vi: High-Cost Mortgage Lending In Greater Boston, 2004, Jim Campen

Gastón Institute Publications

Five 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 sixth report in the annual series begun by that initial study. …

Beatrice B. Mcwaters Et. Al. V. Federal Emergency Management Agency, Et. Al., John C. Brittain

Court Briefs

No abstract provided.

Global Issues In Property Law, John G. Sprankling, Raymond R. Coletta, M.C. Mirow

McGeorge School of Law Teaching Materials

This title is designed to introduce comparative law perspectives that help students understand domestic property law concepts, in areas including adverse possession, the right to exclude, estates in land, future interests, marital property, the landlord-tenant relationship, eviction of tenants, low-income housing, land sales transactions, title assurance, nuisance, and land use. It also introduces students to areas of international law that are beginning to affect domestic property law, including the human right to property, international regulatory takings, and global land sales transactions.

Navigating Residential Attorney Approvals: Finding A Better Judicial North Star, 39 J. Marshall L. Rev. 171 (2006), Debra Pogrund Stark

UIC Law Review

No abstract provided.

Hurricane Katrina And The Toxic Torts Implications Of Environmental Injustice In New Orleans, 40 J. Marshall L. Rev. 1 (2006), L. Darnell Weeden

UIC Law Review

No abstract provided.

Advancing The Right To Adequate Housing Of Desperately Poor People: City Of Johannesburg V. Rand Properties, Lilian Chenwi

Human Rights Brief

No abstract provided.

Land Use And Housing Policies To Reduce Concentrated Poverty And Racial Segregation, Myron Orfield

Fordham Urban Law Journal

This Article recommends that land use and housing policies be marshaled to reduce residential racial segregation and concentrated poverty. It argues secondly, that state legislatures must adopt a coordinated policy approach. This Article uses Oregon's comprehensive land use legislation as a paradigmatic example of policies that effectively promote affordable housing and decrease urban sprawl. Finally, the article discusses nine policies that the author believes are necessary to promote stable metropolitan living patterns.

Conference Report: The New York City Housing Court In The 21st Century: Can It Better Address The Problems Before It?

Cardozo Public Law, Policy & Ethics Journal

On October 28-29, 2004, the Justice Center of the New York County Lawyers' Association (NYCLA), chaired by former Dean of Fordham University School of Law, John Feerick, hosted a conference on the New York City Housing Court, "The New York City Housing Court in the Twenty-First Century: Can It Better Address the Problems Before It?" (the "Conference"). The Conference, occasioned by the court's 30th anniversary, considered how the Housing Court is facing the challenges of the new century, in light of ever-changing social and economic conditions, and whether it is well prepared to meet these challenges in the coming decades. …

Cars And Homes In Chapter 13 After The 2005 Amendments To The Bankruptcy Code, David G. Carlson

Articles

No abstract provided.

Barriers To Accessible Housing: Enforcement Issues In “Design And Construction” Cases Under The Fair Housing Act, Robert G. Schwemm

Law Faculty Scholarly Articles

In the Fair Housing Amendments Act of 1988 (“FHAA”), Congress added “handicap” to the bases of discrimination outlawed by the federal Fair Housing Act (“FHA”) and also enacted three special provisions to further insure equal housing opportunity for persons with disabilities. One of these special provisions—§ 3604(f)(3)(C) —mandates that all new multi-family housing be designed and constructed with seven specified accessibility features.

Despite the accessibility requirements of § 3604(f)(3)(C)—and similar requirements in scores of state and local fair housing laws—a great deal of the multi-family housing built since §3604(f)(3)(C) became effective has failed to include the features mandated by this …

Relational Contracts In The Privatization Of Social Welfare: The Case Of Housing, Nestor M. Davidson

Faculty Scholarship

Privatization has become a permanent and increasingly significant fixture on the landscape of contemporary public policy. Federal, state, and local governments now turn to the private sector for everything from collecting neighborhood garbage to assisting in the occupation of Iraq. As Martha Minow recently noted, "a sea change is at work," with "[p]rivate and market-style mechanisms.., increasingly employed to provide what government had taken as duties." Nowhere is this trend more pronounced, and contested, than in the privatization of social welfare. In that arena, privatization's potential to harness the experience, efficiency, and diversity of the private sector sharply clashes with …

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

Cardozo Public Law, Policy & Ethics Journal

The article advocates for the establishment of a right to counsel for individuals facing eviction in New York City's Housing Court, arguing that such a right is essential for fair legal proceedings, aligns with constitutional principles of due process and equal protection, and is cost-effective in preventing homelessness and reducing societal costs. The author emphasizes that the current system disproportionately disadvantages low-income tenants, who often lack legal representation, and draws on international precedents where such rights are recognized.

Protecting The Rights Of Litigants With Diminished Capacity In The New York City Housing Courts, Jeanette Zelhof, Andrew Goldberg, Hina Shamsi

Cardozo Public Law, Policy & Ethics Journal

The article addresses the challenges faced by individuals with mental illnesses or age-related infirmities in navigating the New York Housing Court system. It highlights the need for improved protections, including ADA accommodations and the right to counsel, to ensure equal access and fair proceedings for these vulnerable litigants.

The Housing Court Act (1972) And Computer Technology (2005): How The Ambitious Mission Of The Housing Court To Protect The Housing Stock Of New York City May Finally Be Achieved, Mary Marsh Zulack

Cardozo Public Law, Policy & Ethics Journal

The New York City Housing Court, established in 1972, was designed to preserve the city's housing stock by consolidating housing-related cases and empowering judges to ensure repairs. However, the court faces a significant challenge in measuring its effectiveness due to a lack of comprehensive data. The author proposes implementing a database system to track repair-related information, which would enhance the court's ability to enforce housing standards, make its operations transparent, and align its activities with its mission.

Rural Housing And Code Enforcement: Navigating Between Values And Housing Types, Ezra Rosser

Scholarly Articles in Law Reviews & Journals

This paper focuses on the relationship between rural housing and building codes. The paper covers the relationship between the existing urban based literature on housing conditions and the rural housing situation as well as a theoretical exploration of different ways of understanding value in housing. Finally, two rural case studies - the Navajo Nation and a small Colorado subdivision - illustrate the challenges of rural housing code enforcement and demonstrate how officials could benefit from the model.

Foreword To Conference Report: The New York City Housing Court In The 21st Century: Can It Better Address The Problems Before It?, Ellen Yaroshefsky, Marilyn J. Flood

Cardozo Public Law, Policy & Ethics Journal

The New York City Housing Court faces significant challenges in addressing housing disputes, particularly due to the high number of pro se litigants and the intersection of legal and social issues that contribute to homelessness. A 2004 conference brought together diverse stakeholders to examine these challenges and propose reforms, focusing on six key areas: pre-adjudication steps, the adjudicative process, the right to counsel, litigants of diminished capacity, preserving housing stock, and social services. The conference emphasized the need for systemic changes to improve access to justice and efficiency in the court.

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

Public Interest Law Reporter

No abstract provided.

Section 1983 Cases In The October 2004 Term, Martin A. Schwartz

Touro Law Review

No abstract provided.

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

Articles & Chapters

No abstract provided.

Reconceptualizing Child Sexual Exploitation As A Bias Crime Under The Protect Act, Tracy Agyemang

Cardozo Journal of Equal Rights & Social Justice

The note argues that the PROTECT Act, while expanding legal measures to combat child sexual exploitation, fails to address the crime's root causes and its nature as a form of discrimination. It advocates for reconceptualizing child sexual exploitation as a bias crime, which would enhance legal deterrence, increase penalties, and better acknowledge the psychological trauma experienced by victims. The note emphasizes that recognizing exploitation as a bias crime would address the systemic factors, such as poverty and discrimination, that perpetuate the crime.

Caution, Cooperative Agreements, And The Actual State Of Things: A Reply To Professor Fletcher, Ezra Rosser

Scholarly Articles in Law Reviews & Journals

This short article argues that tribal governments considering entering into cooperative agreements with federal, state, or local governments ought to maintain a healthy skepticism regarding the non-tribal governments sitting across from them at the negotiating table and the appropriateness of entering into cooperative agreements.

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

Articles & Chapters

No abstract provided.

Assuring Access To Justice: The Role Of The Judge In Assisting Pro Se Litigants In Litigating Their Cases In New York City's Housing Court, Paris R. Baldacci

Cardozo Public Law, Policy & Ethics Journal

The article advocates for a multi-faceted approach to address the challenges faced by pro se litigants in New York City's Housing Court, emphasizing judicial reforms to enhance accessibility and fairness. It proposes measures such as judicial training, relaxed evidentiary rules, and an inquisitorial model to ensure pro se litigants receive equitable treatment without compromising judicial impartiality. The analysis highlights the need for systemic changes to prevent the denial of equal access to justice and calls for legislative and administrative support to implement these reforms effectively.

The Housing Court Act (1972) And Computer Technology (2005): How The Ambitious Mission Of The Housing Court To Protect The Housing Stock Of New York City May Finally Be Achieved, Mary Zulack

Faculty Scholarship

1972 to concentrate housing-related cases in a single court and to involve judges in the process of seeing that the housing stock was repaired. When I agreed to contribute an essay on how the Housing Court is fulfilling its obligation to preserve the housing stock, for the October 29, 2004 conference held by The Justice Center of the New York County Lawyers' Association, I imagined I would review annual court-produced statistics. I expected this to include 30 years worth of information about repairs claimed to be needed, orders to repair issued, number of repairs actually made, the range of enforcement …

Improving The Construction And Litigation Resolution Process: The 2005 Amendments To The Washington Condominium Act Are A Win-Win For Homeowners And Developers, Mark F. O'Donnell, David E. Chawes

Seattle University Law Review

On August 1, 2005, significant amendments to the Washington Condominium Act (WCA) became effective. These amendments were intended to substantially reduce water infiltration in multiunit residential buildings and to simplify the condominium construction dispute resolution process. The heart of the amendments is the implementation of alternative dispute resolution (ADR) procedures, as well as fee-shiftingprovisions which require the non-prevailing party to pay the attorney fees and costs of the prevailing party. A decade of lawsuits brought under the WCA by condominium owners associations against builders and developers, and in turn by builders against subcontractors, alleging defects in the ability of the …

The Paradox Of The Drug Elimination Program In New York City Public Housing, Jeffrey A. Fagan, Garth Davies, Jan Holland

Faculty Scholarship

In this study, we examine the effects of the DEP intervention at three levels of complementary theoretical and practical relevance: the public housing development itself, the neighborhood in which public housing is situated, and the police precinct where the tract is located. From surveys of residents, observations of program activities, and analyses of NYCHA's program records, we compiled detailed information on the components of DEP and the reactions of public housing residents to each type of intervention. We then analyzed panel data from 1985-1996 to estimate the effects of DEP on crime rates in and around the city's public housing …