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Articles 1 - 30 of 35
Full-Text Articles in Housing Law
Supreme Court, New York County, Robinson V. Finkel, Denise Shanley
Supreme Court, New York County, Robinson V. Finkel, Denise Shanley
Touro Law Review
No abstract provided.
How Are Local Governments Responding To Student Rental Problems In University Towns In The United States, Canada, And England?, Jack S. Frierson
How Are Local Governments Responding To Student Rental Problems In University Towns In The United States, Canada, And England?, Jack S. Frierson
Georgia Journal of International & Comparative Law
No abstract provided.
American Dream In Flux: The Endangered Right To Lease A Home, Andrea Boyack
American Dream In Flux: The Endangered Right To Lease A Home, Andrea Boyack
Faculty Publications
Homeownership in the US is on the decline and the percentage of the population that rents their residence is growing. Renters present a distinct demographic compared to owners, and most of the more vulnerable segments of society rent their homes. But the law prohibits renting a home in some neighborhoods. Occasionally, zoning provisions hamper the ability of would-be tenants and would-be landlords to rent. More typically, however, community restrictive covenants are what block rentals. Zoning prohibitions on rentals have been attacked as violations of property rights. But in condominiums and other privately governed neighborhoods, segregation of renters from owner occupants …
What America Can Learn From Canada's Progressive Decision In Commercial General Liability Policy Coverage Litigation Over Construction Defects, Qifu Li
Cardozo Journal of International and Comparative Law
The note advocates for a more consistent approach in the United States for determining Commercial General Liability (CGL) insurance coverage of construction defects, drawing inspiration from Canada's jurisprudence. It critiques the current jurisdictional split in the U.S., where some states cover such defects while others do not, and argues that adopting a uniform approach similar to Canada's three-step framework would reduce legal disputes and align policies with the reasonable expectations of insured parties.
A Tightrope Over Both Your Houses: Ensuring Party Participation And Preserving Mediation's Core Values In Foreclosure Mediation, Heather Scheiwe Kulp
A Tightrope Over Both Your Houses: Ensuring Party Participation And Preserving Mediation's Core Values In Foreclosure Mediation, Heather Scheiwe Kulp
Pepperdine Dispute Resolution Law Journal
The article focuses on the laws made for regulating the party's participation in preserving the principles of mediation for the resolution of disputes related to the foreclosure crisis. Topics discussed include the impact of the foreclosure crisis on the housing and domestic markets, the impact of foreclosures on the sales and price value of the houses and the impact of the foreclosure crisis on the economic conditions of the local communities.
Dwelling Together: Using Cooperative Housing To Abate The Affordable Housing Shortage In Canada And The United States, Jennifer Cohoon Mcscotts
Dwelling Together: Using Cooperative Housing To Abate The Affordable Housing Shortage In Canada And The United States, Jennifer Cohoon Mcscotts
Georgia Journal of International & Comparative Law
No abstract provided.
A Comparative Analysis Of Unconscious And Institutional Discrimination In The United States And Britain, Leland Ware
A Comparative Analysis Of Unconscious And Institutional Discrimination In The United States And Britain, Leland Ware
Georgia Journal of International & Comparative Law
No abstract provided.
Summary Of Wood V. Germann, 130 Nev. Adv. Op. 58, Ryan Becklean
Summary Of Wood V. Germann, 130 Nev. Adv. Op. 58, Ryan Becklean
Nevada Supreme Court Summaries
The Court determined one issue: (1) the legal effect of a loan assignment from a homeowner’s original lender to a subsequent purchaser when that assignment violates the terms of the original lender and subsequent purchaser’s Pooling and Servicing Agreement (PSA). More specifically, the court decided whether a loan assignment that is executed after the closing date renders the assignment void and ineffective to transfer ownership of the homeowner’s loan.
The Threat To Interest-Free Home Financing: The Problem Of State Governments' Prohibition Of Islamic-Compliant Financing Agreements, Matt Anderson
The Threat To Interest-Free Home Financing: The Problem Of State Governments' Prohibition Of Islamic-Compliant Financing Agreements, Matt Anderson
Hamline Law Review
abstract
A Layperson's Guide To Fair Housing Law (2014), F. Willis Caruso, Michael P. Seng, Allison Bethel, John Marshall Law School Fair Housing Legal Support Center
A Layperson's Guide To Fair Housing Law (2014), F. Willis Caruso, Michael P. Seng, Allison Bethel, John Marshall Law School Fair Housing Legal Support Center
Faculty White Papers
Housing discrimination can take many forms. Laws have been passed at the federal, state, and local levels to prohibit housing discrimination, and attorneys and many fair housing groups are working to eradicate the problem. But the solution to the fair housing problem will not come solely through the work of attorneys and fair housing agencies and organizations; it will also have to come from an educated public that is unwilling to tolerate the cost of housing discrimination. Housing discrimination affects every individual in the United States. Realtors and brokers, bankers and mortgage lenders, insurance companies and developers, real estate buyers …
Discriminatory Maintenance Of Reo Properties As A Violation Of The Federal Fair Housing Act, Stephen M. Dane, Tara Ramchandani, Anne P. Bellows
Discriminatory Maintenance Of Reo Properties As A Violation Of The Federal Fair Housing Act, Stephen M. Dane, Tara Ramchandani, Anne P. Bellows
City University of New York Law Review
No abstract provided.
A Home With Dignity: Domestic Violence And Property Rights, Margaret E. Johnson
A Home With Dignity: Domestic Violence And Property Rights, Margaret E. Johnson
BYU Law Review
This Article argues that the legal system should do more to address intimate partner violence and each party’s need for a home for several reasons. First, domestic violence is a leading cause of individual and family homelessness. Second, the struggle over rights to a shared home can increase the violence to which the woman is subjected. And third, a woman who decides to continue to live with the person who abused her receives little or no legal support, despite the evidence that this decision could most effectively reduce the violence. The legal system’s current failings result from its limited goals—achieving …
Treading Water: Can Municipal Efforts To Condemn Underwater Mortgages Prevail?, Michael S. Moskowitz
Treading Water: Can Municipal Efforts To Condemn Underwater Mortgages Prevail?, Michael S. Moskowitz
Pepperdine Law Review
No abstract provided.
Evaluating The Impact Of The Home Affordable Modification Program In Response To The Foreclosure Crisis: Why Real Estate Securitization Demands A New Approach, John Kinney
University of the District of Columbia Law Review
This case presents an unfortunate, but all too common set of circumstances in the world today. Plaintiff is a homeowner in financial distress who seeks a loan modification from an unresponsive bank relying on an ineffectual federal program. This statement, by Magistrate Lois Bloom in Rivera v. Bank of America, best captures the utter frustration felt by financially distressed homeowners and sympathetic judges regarding the government's failed efforts to stem the foreclosure crisis. Heard countless times in thousands of courtrooms across the country in the aftermath of the 2008 global financial meltdown, Magistrate Bloom expressed what seemed deliberate efforts by …
Complex Decision-Making And Cognitive Aging Call For Enhanced Protection Of Seniors Contemplating Reverse Mortgages, 46 Ariz. St. L.J. 299 (2014), Debra Pogrund Stark, Jessica M. Choplin, Joseph Mikels, Amber Schonbrun Mcdonnell
Complex Decision-Making And Cognitive Aging Call For Enhanced Protection Of Seniors Contemplating Reverse Mortgages, 46 Ariz. St. L.J. 299 (2014), Debra Pogrund Stark, Jessica M. Choplin, Joseph Mikels, Amber Schonbrun Mcdonnell
UIC Law Open Access Faculty Scholarship
This article analyzes the factors that affect the effectiveness of the current rules and counseling protocol in enabling seniors to make well-informed decisions on whether to enter into a proposed reverse mortgage in light of the cognitive barriers that consumers in general, and seniors in particular, face. The article then proposes further changes to these rules and the counseling protocol to better enable seniors to determine whether entering into reverse mortgages is in their best interest in light of their specific financial situations and goals. Section I provides an overview of the current status of the law relating to reverse …
Turning Restitution Upside-Down: The Mortgage Fraud Restitution Formula Amidst Volatile Housing Prices, Nicole Scott
Turning Restitution Upside-Down: The Mortgage Fraud Restitution Formula Amidst Volatile Housing Prices, Nicole Scott
Nevada Law Journal
No abstract provided.
Reliance In Land Use Law, Kenneth A. Stahl
Reliance In Land Use Law, Kenneth A. Stahl
BYU Law Review
For generations, Americans have tapped their life savings and assumed huge amounts of debt in order to achieve the American dream of owning their own home. Though investing so heavily in a single asset is a rather risky move on its face, buyers have been induced to purchase homes by a slew of public policies, most notably zoning ordinances that buffer single-family neighborhoods against an invasion of unwanted uses. As a result, homeowners have a fairly convincing argument that they possess some sort of vested reliance interest in the existing zoning of their neighborhoods that should prevent municipal authorities from …
Re-Evaluating The Role Of Companion Animals In The Era Of The Aging Boomer, Rebecca J. Huss
Re-Evaluating The Role Of Companion Animals In The Era Of The Aging Boomer, Rebecca J. Huss
Law Faculty Publications
No abstract provided.
Settlement Equals Another Missed Opportunity For The Supreme Court To Define Disparate Impact Claims Under The Fair Housing Act, Erika Flaschner
Settlement Equals Another Missed Opportunity For The Supreme Court To Define Disparate Impact Claims Under The Fair Housing Act, Erika Flaschner
University of Baltimore Journal of Land and Development
In 2003, the New Jersey Township of Mount Holly designated a neighborhood known as the Gardens as a blighted, high crime area, and called for its redevelopment. The Township adopted a plan to demolish the Gardens and replace it with new residential units, of which only a fraction were designated for affordable housing. However, the predominately minority population of the Gardens filed suit to overturn the blight designation and stop the redevelopment plan on the grounds that the plan violated the Fair Housing Act (FHA) on a disparate impact theory.
Service For Learning, Service For Life: Depaul's Vincentian Mission In Action
Service For Learning, Service For Life: Depaul's Vincentian Mission In Action
DePaul Magazine
Through the thousands of alumni and students who are putting their education to work in service to others through service learning, volunteerism, and social welfare careers, DePaul University's Vincentian mission is being realized. In addition, the university is creating research partnerships to help service organizations develop effective strategies to combat such stubborn problems as poverty and homelessness.
Alcohol- And Drug-Free Housing: A Key Strategy In Breaking The Cycle Of Addiction And Recidivism, Susan F. Mandiberg, Richard L. Harris
Alcohol- And Drug-Free Housing: A Key Strategy In Breaking The Cycle Of Addiction And Recidivism, Susan F. Mandiberg, Richard L. Harris
McGeorge Law Review
No abstract provided.
Dodd-Frank 2.0: Creating Interactive Home-Loan Disclosures To Enable Shrewd Consumer Decision-Making, 27 Loy. Consumer L. Rev. 95 (2014), Debra Pogrund Stark, Jessica M. Choplin, Mark A. Leboeuf, Andrew Pizor
Dodd-Frank 2.0: Creating Interactive Home-Loan Disclosures To Enable Shrewd Consumer Decision-Making, 27 Loy. Consumer L. Rev. 95 (2014), Debra Pogrund Stark, Jessica M. Choplin, Mark A. Leboeuf, Andrew Pizor
UIC Law Open Access Faculty Scholarship
In Section I, we summarize and analyze the Dodd-Frank laws that were enacted to regulate home loan terms and the key changes made to the home loan disclosure rules and forms, critiquing in particular the changes made to the APR component of the new CFPB disclosure form. In Section II, we detail and report on the methods and results from two APR Experiments we conducted (one using eyetracking technology to see which areas of the disclosure form participants were looking at and for how long); we also report on the low level of financial literacy of the participants reflected in …
Muddying The Waterfall: How Ambiguous Liability Statutes Distort Creditor Priority In Condominium Foreclosures, Andrea Boyack, William E. Foster
Muddying The Waterfall: How Ambiguous Liability Statutes Distort Creditor Priority In Condominium Foreclosures, Andrea Boyack, William E. Foster
Faculty Publications
Intentionally or not, every state’s law regarding lien priority and post-foreclosure liability allocates risk between mortgage lenders and privately governed “common interest communities” (CICs), such as condominiums. When lenders secure their interests with mortgages on property within a CIC, the mortgages may compete against the CIC’s interests for primacy in the lien hierarchy. Modern state regimes typically delineate the respective rights of mortgagees and CIC associations according to lien-priority statutes. Older condominium-enabling statutes, however, do not address CIC lien priority directly and speak only to continuing joint and several liability for subsequent purchasers. These older and more ambiguous statutes do …
Common Interest Community Covenants And The Freedom Of Contract Myth, Andrea Boyack
Common Interest Community Covenants And The Freedom Of Contract Myth, Andrea Boyack
Faculty Publications
Courts take a hands-off approach with respect to the content of common interest community (CIC) covenants, reasoning that freedom of contract mandates their enforcement. But CIC covenants differ from voluntary private contracts in important ways, making deferential enforcement in the name of contract policy unwarranted. Covenants that run with the land are specifically enforceable and bind subsequent owners of the property, potentially in perpetuity. Furthermore, CIC covenants are contracts of adhesion, made up of completely non-negotiable, recorded terms bundled into home acquisition. Developers and lenders generally prescribe the content of such covenants, and they may not reflect community desires or …
How Real Is Gentrification?, Michael Lewyn
How Real Is Gentrification?, Michael Lewyn
Scholarly Works
Some commentators argue that gentrification is turning many cities into a playground for the rich. This article rejects that view, pointing out that even relatively affluent cities are still poorer than the average suburb.
Complaint, Perea Et Al. V. Granville Terrace Mutual Ownership Trust Et Al., Docket No. 1:14-Cv-08032 (Northern District Of Illinois 2014), J. Damian Ortiz, John Marshall Law School Fair Housing Legal Clinic
Complaint, Perea Et Al. V. Granville Terrace Mutual Ownership Trust Et Al., Docket No. 1:14-Cv-08032 (Northern District Of Illinois 2014), J. Damian Ortiz, John Marshall Law School Fair Housing Legal Clinic
Court Documents and Proposed Legislation
No abstract provided.
Crime-Free Housing Ordinances: One Call Away From Eviction, Nicole Livanos
Crime-Free Housing Ordinances: One Call Away From Eviction, Nicole Livanos
Public Interest Law Reporter
No abstract provided.
Responding To Environmental Injustice: The Civil Rights Act And American Federal Institutional And Systemic Barriers To Private Redress Of Disparate Environmental Harm, Michael B. Jones, Peter J. Jacques
Responding To Environmental Injustice: The Civil Rights Act And American Federal Institutional And Systemic Barriers To Private Redress Of Disparate Environmental Harm, Michael B. Jones, Peter J. Jacques
Florida A & M University Law Review
This article discusses the use of private action in federal institutions for relief from disparate racial impacts. The courts have eliminated consideration of § 602 disparate impact regulations as the basis for a private right of action challenging environmental harms. Legislative action seems unlikely in this era of gridlock and partisan polarization. Agency action seems to offer the most avenues for consideration of environmental justice concerns. However, agencies are bureaucratic and subject to election results, Congressional oversight and budgetary limitations, and backlogs of determination of environmental justice complaints. Deeply rooted systemic institutional racism further constrains possible reforms to the federal …
Doe V. Wilmington Housing Authority: The Common Area Caveat As A Paradigmatic Balance Between Tenant Safety And Second Amendment Rights, Iyen Acosta
Catholic University Law Review
No abstract provided.
Bridging The Justice Gap: Exploring Approaches For Improving Indigent Access To Civil Counsel, Kelsey Atkinson
Bridging The Justice Gap: Exploring Approaches For Improving Indigent Access To Civil Counsel, Kelsey Atkinson
Pomona Senior Theses
The United States is among one of the only democratic industrialized nations in the world that does not provide guaranteed access to civil representation in cases involving basic human need. This leaves indigent litigants who are at risk of losing their homes or their children left to seek counsel through insufficient pro-bono programs or limited scope legal self-help centers. This thesis provides a history of the struggle for the right to civil counsel, known as Civil Gideon, and explores a variety of proposed solutions to bridge the justice gap for indigent litigants. Despite considerable support for Civil Gideon among scholars …