Housing Law Commons^™

The Roots Of Jack Spring V. Little, 40 J. Marshall L. Rev. 395 (2007), Richard H. Chused

UIC Law Review

No abstract provided.

Foreword: Real Estate Law And Practice Symposium Issue Of The John Marshall Law Review, 40 J. Marshall L. Rev. Xix (2007), Celeste M. Hammond

UIC Law Review

No abstract provided.

Tenant Stories: Obstacles And Challenges Facing Tenants Today, 40 J. Marshall L. Rev. 407 (2007), Mary Spector

UIC Law Review

No abstract provided.

If You Prompt Them, They Will Rule: The Warranty Of Habitability Meets New Court Information Systems, 40 J. Marshall L. Rev. 425 (2007), Mary Marsh Zulack

UIC Law Review

No abstract provided.

The Beloved Community: The Influence And Legacy Of Personalism In The Quest For Housing And Tenants' Rights, 40 J. Marshall L. Rev. 513 (2007), Lloyd T. Wilson Jr.

UIC Law Review

No abstract provided.

The Status Of Nollan V. California Coastal Commission And Dolan V. City Of Tigard After Lingle V. Chevron U.S.A., Inc., 40 J. Marshall L. Rev. 539 (2007), David L. Callies, Christopher T. Goodin

UIC Law Review

No abstract provided.

How Do You Solve A Problem Like In Kelo?, 40 J. Marshall L. Rev. 609 (2007), Debra Pogrund Stark

UIC Law Review

No abstract provided.

Deconstructing Lingle: Implications For Takings Doctrine, 40 J. Marshall L. Rev. 573 (2007), Dale A. Whitman

UIC Law Review

No abstract provided.

From Penn Central To Lingle: The Long Backwards Road, 40 J. Marshall L. Rev. 593 (2007), Richard A. Epstein

UIC Law Review

No abstract provided.

Affordable Housing, Land Tenure, And Urban Policy: The Matrix Revealed, J. Peter Byrne, Michael Diamond

Fordham Urban Law Journal

This Article describes the policies advanced by housing programs and shows where tension between the policies and programs exists. This Articles also attempts to organize and clarify the relationships among various goals of subsidized housing policy and the elements of programs adopted to meet them. The Article then proceeds by detailing eight possible objectives of subsidized housing and considers how different housing programs may or may not accomplish these objectives.

Why Do Landlords Still Discriminate (And What Can Be Done About It)?, 40 J. Marshall L. Rev. 455 (2007), Robert G. Schwemm

UIC Law Review

No abstract provided.

Why Mortgagors Can't Get No Satisfaction, R. Wilson Freyermuth

Faculty Publications

This article addresses current law governing mortgage satisfaction, the need for effective reform, and the extent to which URMSA provides (or fails to provide) that reform.

Rights As A Functional Guide For Service Provision In Homeless Advocacy Creating Healthy Communities: Ending Homelessness, Nestor M. Davidson

Faculty Scholarship

Rights-based approaches to advocacy on behalf of homeless persons have long sought to vindicate important dignitary, liberty, and equality interests, as well as establish to entitlements to housing, mental health, substance abuse, and other services. This advocacy has had some success in shaping the systems that define the interaction between homeless persons and the state. Rights paradigms, however, can be undermined by the day-to-day reality of the lives of homeless individuals and families that are often shaped by profound need less for protection from the state than for meaningful support, and entitlement advocacy remains circumscribed by the reality of severely …

Tenant Stories: Obstacles And Challenges Facing Tenants Today, Mary B. Spector

Faculty Journal Articles and Book Chapters

No abstract provided.

Hate Thy Neighbor, Jeannine Bell

Articles by Maurer Faculty

This Article addresses one of the consequences of racial segregation in housing - violence and intimidation directed at minorities who are integrating white neighborhoods. In describing the history and dynamics of this type of anti-integrationist crime, the Article seeks to offer an introduction to the setting of hate crimes in a neighborhood context. The Article provides a critical bridge between hate crime law and housing law, exploring the substantial difficulties when each of these legal remedies is used to combat this type of violence. The Article concludes by offering a series of solutions uniquely crafted to combat the problem of …

Using Federal And State Laws To Promote Secure Housing For Survivors Of Domestic Violence, Deborah A. Widiss, Emily J. Martin

Articles by Maurer Faculty

No abstract provided.

Obligations Of Privilege, Ezra Rosser

Scholarly Articles in Law Reviews & Journals

Little attention is paid to the nature of the high incomes of the rich or to the legal or norm-based obligations the rich owe society. This popular and scholarly inattention reflects the general acceptance of the idea that the rich have earned their high incomes and owe society little. By looking at income equations revealing society's role in high incomes and the obligations of the rich, the Article urges a strengthening of the obligations of the rich and rejects the argument that the legal community ought not consider the moral demands associated with high incomes.

Why Do Landlords Still Discriminate (And What Can Be Done About It)?, Robert G. Schwemm

Law Faculty Scholarly Articles

Let's say you have a serious, though not life-threatening, medical condition, such as a non-malignant growth in your back that causes considerable pain and impairs your ability to walk. At first, your doctor tells you there is no cure, but then one day, a new drug specifically designed to eliminate this kind of problem is approved. You take this drug, but notice no change. With your doctor's encouragement, you continue to take the drug, hoping that its cumulative effect will achieve the desired result. Twenty years go by with no relief. Then, your doctor tells you that a much stronger …

Absentee Landlords, Rent Control, And Healthy Gentrification: A Policy Proposal To Deconcentrate The Poor In Urban America, Jorge O. Elorza

Law Faculty Scholarship

Empirical data overwhelmingly suggests that the presence of middle- and working-class homeowners is beneficial for inner-city communities. Yet, absentee landlords have a systematic financial advantage over resident landlords when it comes to purchasing homes in blighted neighborhoods. This advantage has disastrous effects for inner cities, as the communities with the greatest need for the stabilizing presence of middle- and working-class homeowners are the ones least likely to attract them. The lack of in-moving homeowners and the resulting increase in poverty cause declining neighborhoods to fall deeper into downward spirals. In this Article, I propose a rent control plan designed to …

The Sweet Trials: An Account, Douglas O. Linder

Faculty Works

The automobile and manufacturing boom that began in Detroit about 1915 made the city a magnet for blacks fleeing the economic stagnation of the South. In the decade from 1915 to 1925, Detroit's black population grew more than tenfold, from 7,000 to 82,000. A severe housing shortage developed, as the city's compact black district could not accommodate all the new arrivals. Blacks brave enough to purchase or rent homes in previously all-white neighborhoods faced intimidation and violence. The spring and summer of 1925 saw several ugly housing-related incidents. It was in this violent summer of 1925 that a black doctor …

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 …

Striking A Balance Between Protecting Civil Rights And Free Speech On The Internet: The Fair Housing Act Vs. The Communications Decency Act, Rachel Kurth

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Toward A Policy Of Heterogeneity: Overcoming A Long History Of Socioeconomic Segregation In Housing, Peter W. Salsich

All Faculty Scholarship

This article focuses on the exclusionary effects of land use regulation on housing availability and cost. Recent research by economists and others highlighting such effects is examined. The histories of parallel efforts to provide housing for low- and moderate-income families as well as persons with disabilities are reviewed. The article recommends that legislation be enacted that elevates affordable housing for low- and moderate-income to a level of national concern similar to national policies favoring efficient transportation, as well as protecting coastal and wetland areas and endangered species.

Borrowing Trouble Vii: Higher-Cost Mortgage Lending In Boston, Greater Boston, And Massachusetts, 2005, Jim Campen

Gastón Institute Publications

Six years ago, in response to numerous reports of the growth of predatory lending, 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 seventh report in the annual series begun by that initial study. Over the years, the …

A Domestic Right Of Return?: Race, Rights, And Residency In New Orleans In The Aftermath Of Hurricane Katrina, Lolita Buckner Inniss

Publications

This article begins with a critical account of what occurred in the aftermath of Hurricane Katrina. This critique serves as the backdrop for a discussion of whether there are international laws or norms that give poor, black Katrina victims the right to return to and resettle in New Orleans. In framing this discussion, this article first briefly explores some of the housing deprivations suffered by Katrina survivors that have led to widespread displacement and dispossession. The article then discusses two of the chief barriers to the return of poor blacks to New Orleans: the broad perception of a race-crime nexus …

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 …

Protecting Gay And Lesbian Families From Eviction From Their Homes: The Quest For Equality For Gay And Lesbian Families In Braschi V. Stahl Associates, Paris R. Baldacci

Articles

No abstract provided.

If You Prompt Them, They Will Rule: The Warranty Of Habitability Meets New Court Information Systems, Mary Zulack

Faculty Scholarship

A recent conference on housing rights invited participants to think about the impacts, actual and potential, of the judge-made doctrine of the implied warranty of habitability in residential tenancies. This essay focuses on the warranty, and suggests establishing technology systems for judges to help them give new
life to the doctrine and thereby to accelerate actual repair of rental housing through court mandates.

The conference attendees seemed to agree that when trial judges are presented with claimed breaches of the warranty of habitability, they have not, on the whole, used the doctrine to order that repairs actually be effectuated. They …