Housing Law Commons^™

When You’Re Arrested For A Felony In Seattle, You’Ll Meet Me., Austin Field

Seattle University Law Review

In this Essay, Austin Field, a practicing public defender, uses a first-person perspective to describe what it is like to meet a criminal defendant for the first time. He explains the process from start to finish, detailing everything from the way he introduces himself to how bail works.

"I’ll ask you for your name. Most of the time, you tell me. I check your name against my list. On any given day I’m supposed to interview between five and fifteen people. I have a lot of questions for you. We only have about ten minutes."

The Public Square In A Private-Property Obsessed Country: What New York City’S Pops Regulations Get Right And Why Other Cities Should (Mostly) Copy Them, Carson Mcgregor

Seattle University Law Review

When New York City (NYC) was first becoming the metropolitan monolith it is today, it had a problem: the city streets were chock full of skyscrapers, and sunlight, air, and usable open space were at a premium. In response, the City promulgated its first Privately Owned Public Spaces (POPS) regulations, which allowed developers to build skyward in exchange for providing public space on the street level. Unfortunately, in July of 2023, the New York Times (NYT) discovered that New Yorkers received only a fraction of what they were promised. Building owners received billions of dollars’ worth of added floor space, …

Modern Day Colonialism Through HawaiʻI’S Quiet Title And Partition Laws, Cheyann Fujii

Seattle University Law Review

This Note will attempt to highlight important aspects of Hawaiian history to provide readers with a clear picture on how Native Hawaiians are still impacted by colonialism, specifically when plaintiffs bring a quiet title or partition action against Native Hawaiian owners of kuleana lands. Before colonization, the concept of private land ownership did not exist in Hawai‘i, and Native Hawaiians adopted a feudal system by dividing land into geographical areas. Missionaries and businessmen brought Western ideas to Hawai‘i and influenced legislation such as the Great Māhele and the Kuleana Land Act of 1850, which solidified the concept of private property. …

Data Advantage And Merger Review: Can Entrenchment Theory Reform Antitrust Enforcement?, Shin-Ru Cheng

Seattle University Law Review

A merger involving giant digital companies is likely to dampen competition, as it allows those companies to combine and control data access, enabling them to entrench their dominant positions in relevant markets and extend those positions into related markets. While competition law in many jurisdictions aims to prohibit mergers that may substantially lessen competition or create a monopoly, arguably the review of digital mergers is failing because antitrust agencies lack an effective approach to identify data-generated anticompetitive harms. This Article demonstrates that entrenchment theory, recently reintroduced in the 2023 U.S. Merger Guidelines, would help reform the process of antitrust enforcement. …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

Caution: Potholes In E-Scooter Data Collection, Dakota Rakestraw

Seattle University Law Review

Lime scooters keep ending up in major waterways in Washington state metro areas, a testament to the ubiquity of e-scooters in the metropolitan landscape. How they get there is unclear. Why they get there is even murkier. Perhaps the answer lies in the implications of modern geolocation data collection through e-scooters and gaps in current data collection regulation curbing individual liberties.

Since September 2020, electric scooters have run Seattle’s streets and have dramatically overtaken ridesharing bike trips. For example, from September 2020 to September 2021, there were about 1.4 million scooter and bike trips with September 2021 seeing 300,000 scooter …

Machinists Preemption In The New Administrative Law, Andrew J. Ziaja

Seattle University Law Review

This Article assesses Machinists preemption—a labor-specific form of implied field preemption—while freshly considering implications both for and of new developments in administrative law. The radical transformation of administrative law in the Supreme Court, particularly its newfound emphasis on clear-statement rules, provides opportunities to reconsider the Machinists rationale. Aligning with scholars who have called to question the doctrine’s “ossifying” influence on labor and employment policy, it argues that the modern-day version of Machinists preemption clashes with the Supreme Court’s newly constrained view of delegated power and its differing conceptions of the major questions doctrine.

On the other hand, Machinists preemption might …

Ensuring Housing Stability And Protections For The Nation’S Renters: Avenues For Federal Action, Margaret Hagan, Peter Hepburn, Justin Steil, Brandon Weiss

Scholarly Articles in Law Reviews & Journals

What would it take to ensure housing stability and protections for the nation’s renters? This essay reviews the current literature on landlord–tenant laws, eviction court policies, the provision of legal aid, and the residential security of renter households. It then lays out avenues through which the federal government—particularly the Department of Housing and Urban Development (HUD)—might work to improve renters’ stability. These include targeted efforts to improve engagement with both tenants and landlords, robust implementation of the Affirmatively Furthering Fair Housing provision of the federal Fair Housing Act, especially around source of income discrimination, and facilitation of reforms to state …

Volume 48 Masthead, Seattle University Law Review

Seattle University Law Review

Volume 48 Masthead

Defining Deference: Impacts Of Abandoning Chevron On Emerging Technology Governance And Administrative Law, R. Aubrey Davis Iii

Seattle University Law Review

Emerging technologies, particularly Artificial Intelligence (AI), often lead to unforeseen legal outcomes. Notable abuses in areas such as facial recognition, employment bias, and housing discrimination are well known. However, legislative responses to these issues either have been largely reactive or there has been no legislative response at all. In lieu of legislation, agencies have sought to fill the gap. For example, the Federal Communications Commission (FCC) recently proposed a rule mandating voter notification for all AI-generated political phone calls citing the Telephone Consumer Protection Act (TCPA) of 1991 as authority. However, the TCPA was originally passed to curtail telemarketing, not …

Intellectual Property Or Modern Folklore? The Problem With Open Gaming Licenses In Tabletop Gaming, Rosie Midget

Seattle University Law Review

This Note addresses how courts and legislatures should address “Open Gaming Licenses” commonly attached to tabletop roleplaying games (TTRPGs), which game publishers use to promote a false image of accessibility—misleading consumers and building goodwill from the misunderstanding. Part I discusses what TTRPGs are, including the defining features of the hobby and culture surrounding it, as well as the unique interplay between publishers and players. Part II explores the question of which elements in a TTRPG system may be subject to copyright protection. Part III examines these elements in practice using Wizards of the Coast’s Dungeons and Dragons TTRPG as a …

From Great Migration To Gentrification: Heirs Property In The Urban Context, Codi Royall

Northern Illinois University Law Review

The current legal framework, including common law doctrine, individual state statutes, and the Uniform Partition of Heirs Property Act (UPHPA), fails to meet the needs of heirs property owners in urban communities. This oversight allows real estate speculators to exploit the law, accelerating gentrification, urban blight, displacement of heirs, and the erosion of generational wealth. While Thomas Mitchell’s scholarship has illuminated the challenges of heirs property, its focus on rural contexts neglects the distinct issues faced by urban heirs.

This Note addresses this gap by examining heirs property through an urban lens, emphasizing the unique historical and legal contexts of …

Eviction Sealing: A Lifeline In The Fight For Housing Justice, Allison Freedman

Faculty Scholarship

In January 2023, the White House released a Blueprint for a Renters Bill of Rights. The Blueprint called for immediate sealing of eviction case filings to reduce the likelihood that tenants would be locked out of future housing opportunities without the chance to defend themselves. Shortly thereafter, the Federal Trade Commission and the Consumer Financial Protection Bureau issued a request for public comment on how the use of eviction records and screening algorithms may affect tenant housing opportunities and drive discriminatory outcomes. The eviction crisis, its discriminatory effects, and the idea that sealing eviction records may provide a solution to …

Legal And Policy Responses To Sexual Harassment In Housing, Rigel C. Oliveri

Connecticut Law Review

The sexual harassment of low-income women by their housing providers is a clear national problem that has only recently become the focus of coordinated nationwide enforcement efforts by federal agencies, including the Department of Justice. While these developments are welcome, the problem requires proactive responses as well. This Essay examines data from a study of all of DOJ’s sexual harassment in housing cases and uses this information to identify the most problematic types of housing providers and the most common forms of harassment. Specifically, harassment appears to occur most frequently in private rental housing and is perpetuated by managers (usually …

Ai Governance: Overcoming Policy Barriers To Fairness And Privacy, Michael Akinwumi

Connecticut Law Review

Artificial intelligence (“AI”) is increasingly influencing critical sectors such as housing and finance, and raising concerns about fairness, bias, and regulatory compliance. This Essay explores the policy considerations essential for operationalizing AI fairness, particularly in regulated industries. It examines the interplay between algorithmic transparency, privacy, and the responsible use of protected class data under existing legal frameworks such as the Equal Credit Opportunity Act (“ECOA”) and the Fair Housing Act (“FHA”). The Essay identifies key policy gaps and challenges in implementing fairness-enhancing techniques, offering actionable recommendations for policymakers, regulators, and AI practitioners. These recommendations propose a holistic framework that integrates …

Revisiting Geography And Sovereignty In The Digital Age, Melvin J. Kelley Iv

Connecticut Law Review

Fair housing advocates have already brought successful lawsuits challenging the use of property technology (“PropTech”) where it has been found to perpetuate or replicate discriminatory practices in a range of contexts including the use of automated screening tools to evaluate prospective tenants. While substantive interventions in unlawful exclusions and differential treatment via PropTech are laudatory, this Article argues that these steps do not go far enough and moreover, that insufficient attention has been paid to the procedural implications of the federal Fair Housing Act (“FHA”) as a source of ex ante enforcement.

The nation’s first fair housing law, the 1866 …

Eliminating Extratextual Exemptions From The Fair Housing Act, Stacy E. Seicshnaydre

Connecticut Law Review

The Supreme Court has held that the language of the Fair Housing Act (“FHA”) is “broad and inclusive,” and the Court has given it a broad construction. Correspondingly, the traditional interpretive canons suggest that courts must construe exceptions narrowly. However, some courts have restricted coverage under the FHA by broadly reading an exception or by inferring an exception. The Essay provides several illustrations of this practice and argues against inferred statutory exemptions to the FHA, at least for courts that otherwise adopt a strict textualist approach to statutory construction.

Slum Managers, Anika Singh Lemar

Connecticut Law Review

All sorts of landlords—governmental landlords, cooperatives, large-scale corporate landlords, and mom-and-pops—engage in slumlording to some degree. Despite that fact, some of the most popular proposed solutions to the problem focus on a property owner’s size and corporate form, rather than its property management practices. This Essay contends that management, not ownership, is the proper target for regulations intended to improve the conditions under which many tenants live. It then proposes pairing and using in tandem two mechanisms for addressing management: licensing and receivership.

California’S Ban On Cruel Or Unusual Punishment: A State Constitutional Analysis Of Anti-Camping Ordinances, Anna R. Janson

Connecticut Law Review

In Martin v. City of Boise, the United States Court of Appeals for the Ninth Circuit relied on the Cruel and Unusual Punishment Clause of the Eighth Amendment to rule that a class of involuntarily unhoused individuals may not be criminally punished for sleeping on public property in the absence of “sufficient alternatives” for all unhoused people. In Johnson v. City of Grants Pass, the Ninth Circuit elaborated that civil schemes which lead to criminal punishment are unconstitutional as well. However, the United States Supreme Court granted certiorari in the latter case and disrupted both Ninth Circuit decisions. The Court …

Initiating Remedies For Our Unconstitutional And Unlawful Residential Segregation, Richard Rothstein

Connecticut Law Review

In 1866, Congress passed a Civil Rights Act outlawing burdens on freed slaves not also imposed on free whites, reasoning that racial discrimination—both public and private—undermined effective emancipation. However, subsequent Supreme Court jurisprudence did not honor or uphold this law and its progeny. Had it done so, the hard-fought promise of equality would not have been broken, the America we know today would not be so racially segregated, and the “badges and incidents” of slavery could have been timely eliminated.

The racial segregation of America’s neighborhoods is not, as was long thought, merely the result of private activities such as …

Evicted By Default, Nicole G. Summers, Justin Steil

Connecticut Law Review

The prevalence of default judgments in eviction cases affects housing stability and raises concerns about access to procedural justice for tenants. There is substantial variation across states in the rules governing default judgments that may contribute to variation in the frequency of eviction cases ending in defaults. In this Article, we first construct an original dataset of eviction case data from one jurisdiction and analyze that quantitatively, assessing the share of eviction cases that experience a default, the share of cases that are cured, and the correlates of cases ending in default judgment. Second, we review the state of the …

Gilead: Municipal Liability For Punitive Damages Under The Fair Housing Act, Robert G. Schwemm

Connecticut Law Review

The 1968 Fair Housing Act (“FHA”) has always been understood to apply to local governments, which have proved to be among the most frequent and significant violators of this law, especially in their opposition to housing of particular value to racial minorities and persons with disabilities. Yet not until the Second Circuit’s decision last year in Gilead Community Services, Inc. v. Town of Cromwell did an appellate court approve an FHA-based punitive-damage award against a municipality. Before Gilead, district courts had generally blocked such awards, applying § 1983’s immunities to protect local governments and their officials from the FHA’s full …

Positive Covenants And The Inherent Instability Of Alteration Agreements Within Condominium: The Owners, Strata Plan Nw 2476 V. Jensen, Douglas C. Harris

All Faculty Publications

Positive covenants—contractual obligations to do things that touch and concern land—are not recognized as property interests at law or in equity. A positive covenant, including the requirement to maintain or repair a building, only binds the parties that contract to be bound. The obligation is personal to the contracting parties and does not run with the land; future owners are bound only if they agree to be bound. The Supreme Court of Canada confirmed as much in 2020 in a dispute between owners of air space parcels over an obligation to pay parking fees: “Where positive covenants are concerned, the …

Goodbye, Zoning?, Michael Allan Wolf

UF Law Faculty Publications

American zoning is under attack on multiple fronts. The concerns of zoning's many critics range from social and racial justice, to private property rights, to the extreme shortage of affordable housing, to climate-change resilience and sustainability. A growing number of voices have called for, at a minimum, the elimination of single-family zones; some even champion the abolition of this ubiquitous method of American land use regulation. This Article is the first detailed look at what would happen if zoning's critics got their way. The most efficient means for erasing zoning from American law would be for the U.S. Supreme Court …

Addressing Housing Insecurity In Pacific Grove: Evaluating The Effectiveness Of Affordable Housing Resources, Melissa Gembe

Capstone Projects and Master's Theses

The City of Pacific Grove is a beautiful coastal place to live, yet it is difficult to find affordable housing. The housing division works together with other departments in the city and state to carry out its goal of ensuring that residents have access to affordable housing. In previous community housing needs surveys 60% of respondents reported an interest in building an Accessory Dwelling Unit. Similarly, 50% respondents showed an interest in landlord incentive workshops. The purpose of the evaluation was to assess the effectiveness of these two key resources. A study was conducted through in-depth interviews with specialists in …

Changemakers: Susannah Johnson : L'25 : Charting A New Course : From Navy Officer To Legal Advocate, Jane Govednik

Life of the Law School (1993- )

No abstract provided.

Inclusive Prosperity, Deanna S. Newton

Texas A&M Law Review

Gentrification affects almost every American city to varying degrees, involving different parties with different interests. While positive changes are associated with gentrification, low-income individuals are often displaced from their communities due to increased rent costs and property values. Throughout our nation’s history, the federal government has offered tax incentives to those who invest in low-income areas that have historically suffered disinvestment. These tax incentives encourage investment by providing tax benefits and minimal investment constraints. However, because investors are not required to tailor their investments to meet the needs of communities, the unintended consequence of these programs is that residents do …

Beyond The Suburban Ideal: Addressing Southern California’S Strained Affordable Housing Market Through Density Bonus Programs, Alissa Larue

School of Public Policy Capstones

This study examines how expanding Accessory Dwelling Units (ADUs) could serve as an effective policy solution to address the housing affordability crisis. In San Diego, a Bonus Program has been implemented to incentivize the construction of affordable ADUs by relaxing burdensome regulations. A Differences-in-Differences approach using two-way fixed effects is employed to evaluate the program's effectiveness in promoting ADU development, using city-level data from San Diego and Los Angeles counties. ADU permit applications serve as a key indicator of policy impact. The findings strongly suggest that the Bonus Program influenced increasing ADU permit applications in San Diego. Because the model …

The Role Of Affordable Housing In Enhancing Tenants' Economic Stability In Connecticut: A Focus On Income, Employment, And Housing Stability, Osaid Zubi

Dissertations

This study examined the role of affordable housing in promoting economic stability among low- and moderate-income households in Connecticut. Focusing on income security, employment opportunities, and housing retention, this research highlighted the significance of affordable housing as a means to alleviate financial strain, support job retention, and foster community resilience. Utilizing a phenomenological approach, the study gathered insights from tenants, policymakers, and developers through conducting interviews and a focus group. Connecticut was chosen as the study site due to its high cost of living and affordable housing shortage, exacerbated by its proximity to New York City. Findings underscore the economic …

From Flames To Change: An Exploration Of Housing, Fire, And Inequity, Helen Underhill, Charles R. Jennings, Brian Meacham, Danielle Antonellis

Publications and Research

Housing and fire safety are deeply connected: inadequate and poorly maintained housing poses heightened fire risk for occupants. An individual or household’s housing situation (including limited or constrained choice) interacts with issues such as affordability, access, location, quality, safety, occupancy levels, tenure type, and resident or immigration status. These dynamics shape vulnerability, and inequity becomes most visible in the event of a fire. The extreme end of this spectrum includes the unhoused, who occupy structures entirely outside of regulatory systems with little or no fire protection.