Housing Law Commons^™

Rethinking The Communications Decency Act: Eliminating Statutory Protections Of Discriminatory Housing Advertisements On The Internet, James D. Shanahan

Federal Communications Law Journal

The recent decision in Craigslist signals a drastic reduction in the effectiveness of the prohibition on discriminatory housing advertisements under the Fair Housing Act ("FHA"). Section 230 of the Communications Decency Act gives blanket immunity to Internet Content Providers from publisher liability for content originating from third parties. One of the effects of this immunity is the creation of a monopoly for discriminatory advertisements otherwise proscribed by the FHA. This Note argues that the simplest solution for Congress is to adjust the language of § 230 by adding the FHA to the list of exceptions to statutory immunity.

Advocacy Strategies To Fight Eviction In Cases Of Compulsive Hoarding And Cluttering, Tom Cobb, Eric Dunn, Vanessa Torres Hernandez, Jake Moroni Okleberry, Riana Pfefferkorn, Chelsea Spector

Articles

No abstract provided.

Senior Housing Research Project: Findings And Conclusion (2007), John Marshall Law School Fair Housing Legal Support Center

Faculty White Papers

No abstract provided.

The First Two Years Of Housing First In Quincy, Massachusetts: "This Place Gives Me Peace, Happiness, And Hope", Tatjana Meschede

Center for Social Policy Publications

Housing First is a housing and support services program that attempts to move the most disabled homeless people directly to housing prior to treatment, using housing as the transforming element to support participation in treatment. This approach does not require sobriety or participation in long-term treatment programs unlike the traditional continuum of care approach. Promising results have been demonstrated in a number of projects using this model (Tsemberis & Eisenberg, 2000).

For the past ten years, Father Bill’s Place (FBP), a homeless shelter and housing program in Quincy, Massachusetts, has moved steadily towards providing permanent housing with supportive services, rather …

Response To Reviewers, Philip Heymann

Cardozo Law Review

No abstract provided.

A Full And Fair Hearing: The Role Of The Alj In Assisting The Pro Se Litigant, Paris R. Baldacci

Articles

No abstract provided.

The Louisiana Road Home Program: A Path Of Unintended Consequences, Everett Fineran

Buffalo Public Interest Law Journal

No abstract provided.

Expanding Homeownership Opportunity Ii: The Softsecond Loan Program, 1991-2006, Jim Campen

Gastón Institute Publications

This report provides data on lending by the SoftSecond Loan Program during the most recent three-year period (2004-2006) as well as over the sixteen-year life of the program. The Mortgage Lending Committee of the Massachusetts Community & Banking Council (MCBC) has had a special interest in the SoftSecond program since its inception and has carefully monitored the performance of its loans. The report updates an earlier report prepared for MCBC by the present author in 2004: Expanding Homeownership Opportunity: The SoftSecond Loan Program, 1991-2003. Detailed information about the origins and evolution of the program, and about the details of …

Affordable Housing And Civic Participation: Two Sides Of The Same Coin, Goutam U. Jois

Brigham Young University Journal of Public Law

No abstract provided.

Rocking The Suburbs: Incentive Zoning As A Tool To Eliminate Sprawl, J. Spencer Clark

Brigham Young University Journal of Public Law

No abstract provided.

Preventing Homelessness And Promoting Housing Stability: A Comparative Analysis, Donna H. Friedman, Jennifer Raymond, Kimberly Puhala, Tatjana Meschede, Julia Tripp, Mandira Kala

Center for Social Policy Publications

This final evaluation report is the culmination of a three-year investment of time, energy and resources involving 28 Massachusetts nonprofit organizations: 7 foundations, led by the Boston Foundation, The Massachusetts Department of Housing and Community Development; and Homes for Families which joined with the Center for Social Policy team to conduct 10 focus groups involving 72 parents and individuals who shared their perspectives on homelessness prevention, with the guidance of a consumer advisory board involving six persons who have experienced homelessness. Collectively, we engaged in this evaluation effort because we believed that the outcomes of interventions, practice experience of service …

Housing Resources Leveraged By The Special Homeless Initiative Of The Massachusetts Department Of Mental Health, 1992–2006: Evaluation Of The Special Homeless Initiative, Massachusetts Department Of Mental Health, Tatjana Meschede, Helen Levine, Martha R. Burt

Center for Social Policy Publications

This and a companion report are the first products of an evaluation of the Special Homeless Initiative, a funding stream that began in 1992 and has grown to become an essential tool available to the Department of Mental Health for preventing and ending homelessness among vulnerable people with serious mental illness.

Demolition By Neglect: Repairing Buildings By Repairing Legislation, Anna Martin

Georgetown Law Historic Preservation Papers Series

One of the biggest problems today facing communities with historic preservation ordinances is delinquent owners who don’t have the will or the finances to maintain their historic properties and landmarks. Historic preservation law plays an important role in building a sense of patriotism and community togetherness, fostering education and providing incentives for aesthetically pleasing architecture. When residents can identify with a community, this creates a dialogue and sense of belonging. There are also environmental and psychological impacts of preserving old buildings, since human beings are positively affected by their surroundings when they feel a "sense of place." When buildings in …

Conservation Districts: A Solution For The Deanwood Neighborhood?, Kelly B. Bissinger

Georgetown Law Historic Preservation Papers Series

Preserving and protecting home ownership and the affordable housing in the United States remains a serious concern despite numerous federal programs intended to encourage home ownership and to provide affordable housing to low-income individuals and families. Often times, low-income people live in older, run-down neighborhoods in urban areas. There is a constant threat that developers will purchase properties in these areas in order to demolish or renovate existing structures and redevelop the area (this process is often referred to as "gentrification").

One of the consequences of gentrification is the displacement of low-income residents. In those instances where low-income residents own …

The Public Forum Doctrine And Public Housing Authorities: Can You Say That Here?, Martin J. Rooney

Brigham Young University Journal of Public Law

No abstract provided.

Empty Laws Make For Empty Stomachs: Hollow Public Housing Laws In Utah And Other States Force The Nation's Poor To Choose Between Adequate Housing And Life's Other Necessities, Timothy Overton

Brigham Young University Journal of Public Law

No abstract provided.

Local Inclusionary Housing Programs: Meeting Housing Needs, John R. Nolon, Jessica A. Bacher

Elisabeth Haub School of Law Faculty Publications

This article explores the expansive legal authority that local governments in many states have to meet housing needs directly by providing for the production of new affordable homes. There is not a great deal of scholarship on the subject as we approach it. The emphasis in the academic literature in the field of affordable housing is on top-down, systemic, or theoretical solutions: urging reforms in federal and state finance programs, imploring courts to penalize localities that engage in exclusionary zoning, describing in detail a variety of inclusionary zoning techniques, or explaining relevant theories or the economics of the issue of …

Striking A Match In The Historic District: Opposition To Historic Preservation And Responsive Community Building, Sarah N. Conde

Georgetown Law Historic Preservation Papers Series

In her 1981 Stanford Law Review article, Carol Rose articulated as a justification for the historic preservation "vogue" a community building rationale that transformed preservation from an end in itself to a means for community self-definition. Procedurally, Rose argued, preservation laws give communities the power to comment on the direction of development, and impurity of motive does not weaken the cause of community members who use the tools preservation law gives them. Suppose, she suggested, that the primary concern of neighbors is avoiding massive construction, and they emphasize history only as an instrument to oppose change. Such a motive is …

History, Principles, Context, And Approach: The Special Homeless Initiative Of The Massachusetts Department Of Mental Health, Martha R. Burt

Center for Social Policy Publications

Preventing homelessness or ending it quickly for Massachusetts residents with serious mental illness (SMI) has been a strong element of the Department of Mental Health’s agenda for approximately two decades. The Department of Mental Health (DMH, or the Department) estimates that the Commonwealth of Massachusetts is home to approximately 48,000 adults with SMI. Of these, the Department serves the most disabled and the poorest. Client incomes hover around 15 percent of the area median income. Most clients are not employed, and rely on SSI-SSDI benefits for their income. DMH efforts to prevent or end homelessness for its clients have been …

Predatory Structured Finance, Christopher L. Peterson

Cardozo Law Review

No abstract provided.

Love You Madly: The Life And Times Of The Neighborhood Legal Services Program Of Washington, D.C., Brian Gilmore

University of the District of Columbia Law Review

This article is a brief historical examination of the origins of the Neighborhood Legal Services Program and an analysis of the work of the program as a federally-funded legal services program for forty years. Part I of this article examines the history of the program in the early years and the birth of the "neighborhood" concept in legal services. Part II analyzes the key precedent-setting housing cases the program litigated in the 1960's and 1970's. Part III addresses the criticisms of the program and reviews legal services in general. For instance, almost immediately from its inception, the idea of neighborhood-based …

Developments In Landlord-Tenant Law 2005-2006, Barbara Mcdowell

University of the District of Columbia Law Review

No abstract provided.

Developments In Landlord-Tenant Law: June 2004-June 2005, Barbara Mcdowell

University of the District of Columbia Law Review

No abstract provided.

Thompson V. Hud: Groundbreaking Housing Desegregation Litigation, And The Significant Task Ahead Of Achieving An Effective Desegregation Remedy Without Engendering New Social Harms, Gina Kline

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

No abstract provided.

Reply Brief Of Appellants, Bloch V. Frischholz, 587 F.3d 771 (7th Cir. 2009) (No. 06-3376), F. Willis Caruso, John Marshall Law School Fair Housing Legal Clinic

Court Documents and Proposed Legislation

No abstract provided.

Brief Of Appellants In Support Of Reversal Of District Court Decision In Favor Of Defendants' Motion For Summary Judgment, Bloch V. Frischholz, Docket No. 06-3376, 533 F.3d 562, 587 F.3d 771 (Seventh Circuit Court Of Appeals 2009), F. Willis Caruso, John Marshall Law School Fair Housing Legal Clinic

Court Documents and Proposed Legislation

No abstract provided.

Evaluating Katrina: A Snapshot Of Renters’ Rights Following Disasters, Olympia Duhart, Eloisa C. Rodriguez-Dod

Faculty Scholarship

Hurricane Katrina destroyed the homes of many people living in parts of the Gulf Region. The storm displaced as many as 800,000 victims and it is still difficult for them to return home. Consequently, many homeowners have turned to renting because of the slow recovery process. Renters face added difficulties; they are often the last in line for government benefits and other assistance. There is much hostility towards the rights of renters, creating even more difficulties for them. This article focuses on the difficulties facing evacuee renters in New Orleans following the disaster. These renters face such obstacles as scarcity …

Don't You Be My Neighbor: Restrictive Housing Ordinances As The New Jim Crow , Marisa Bono

The Modern American

No abstract provided.

Legislative Updates

The Modern American

No abstract provided.

Is Chicago's Plan For Transformation Promoting Integration Or Reinforcing Segregation?, 41 J. Marshall L. Rev. 249 (2007), Joe O'Brien

UIC Law Review

No abstract provided.