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Articles 31 - 60 of 74
Full-Text Articles in Housing Law
“Everybody Loves The Landlord”: Evictions & The Coming Prevention Revolution, Brian G. Gilmore
“Everybody Loves The Landlord”: Evictions & The Coming Prevention Revolution, Brian G. Gilmore
Mitchell Hamline Law Journal of Public Policy and Practice
No abstract provided.
Not With Strong Hands, Nor With A Multitude Of People: The Statutory History Of The Eviction Procedure In Minnesota, Paul Birnberg, Samuel Spaid
Not With Strong Hands, Nor With A Multitude Of People: The Statutory History Of The Eviction Procedure In Minnesota, Paul Birnberg, Samuel Spaid
Mitchell Hamline Law Journal of Public Policy and Practice
No abstract provided.
Families Belong Together: The Path To Family Sanctity In Public Housing, Mckayla Stokes
Families Belong Together: The Path To Family Sanctity In Public Housing, Mckayla Stokes
Northwestern Journal of Law & Social Policy
In its 2015 landmark civil rights decision in Obergefell v. Hodges, the Supreme Court finally held that the Equal Protection and Due Process Clauses of the United States Constitution guarantee same-sex couples’ marital equality. The Court’s unprecedented declaration that the right to marry is a fundamental right under the Due Process Clause strengthened married couples’ right to privacy because it subjects government actions infringing on marital unions to heightened scrutiny. The Supreme Court has the option to minimize the impact of Obergefell by interpreting the right to marriage very narrowly—as only encompassing the right to enter into a state-recognized union …
A Home Is A Good Thing: An Argument For Changing The Eviction Process, Samuel Spaid
A Home Is A Good Thing: An Argument For Changing The Eviction Process, Samuel Spaid
Mitchell Hamline Law Journal of Public Policy and Practice
No abstract provided.
A Framework For Effective And Strategic Eviction Prevention, Maya Brennan
A Framework For Effective And Strategic Eviction Prevention, Maya Brennan
Mitchell Hamline Law Journal of Public Policy and Practice
No abstract provided.
An Intentional Conversation About Adr Interventions: Eviction, Poverty And Other Collateral Consequences, Sharon Press
An Intentional Conversation About Adr Interventions: Eviction, Poverty And Other Collateral Consequences, Sharon Press
Mitchell Hamline Law Journal of Public Policy and Practice
No abstract provided.
The High Cost Of Eviction: Struggling To Contain A Growing Social Problem, Judith Fox
The High Cost Of Eviction: Struggling To Contain A Growing Social Problem, Judith Fox
Mitchell Hamline Law Journal of Public Policy and Practice
No abstract provided.
Rwu Law: The Magazine Of Roger Williams University School Of Law (Issue 10, 25th Anniversary Issue) (May 2019), Roger Williams University School Of Law
Rwu Law: The Magazine Of Roger Williams University School Of Law (Issue 10, 25th Anniversary Issue) (May 2019), Roger Williams University School Of Law
RWU Law
No abstract provided.
Blackfeet Housing V. Reevis, Et Al, 18-Ap-02 (Blkft. Tr. Ct. App., Feb. 12, 2019), Blackfeet Appellate Court
Blackfeet Housing V. Reevis, Et Al, 18-Ap-02 (Blkft. Tr. Ct. App., Feb. 12, 2019), Blackfeet Appellate Court
Court Decisions
In the Blackfeet Tribal Court of Appeals, the Court upheld a lower court determination, upholding an eviction, and that the defendant did violate their lease agreement. The appellate Court finds nothing in the Tribal Trial Court record which gives cause for review of any legal issue and does not find cause to set aside any trial court determinations of fact.
Dignity Takings And “Trailer Trash”: The Case Of Mobile Home Park Mass Evictions, Esther Sullivan
Dignity Takings And “Trailer Trash”: The Case Of Mobile Home Park Mass Evictions, Esther Sullivan
Chicago-Kent Law Review
Mobile homes are a primary source of shelter for America’s poor and working classes. A large share of the nation’s mobile home stock is found in mobile home parks where residents own their homes but lease the land under their homes from private landlords. Urban growth has put pressure on park landlords to sell and redevelop mobile home parks. When parks are redeveloped mobile home residents are evicted and entire communities are destroyed. Residents lose their homes and home equity as they struggle to relocate their homes to different parks or are forced to abandon them. Through two continuous years …
The Right To Counsel For Tenants Who Faced Eviction, Andrew Scherer
The Right To Counsel For Tenants Who Faced Eviction, Andrew Scherer
Other Publications
No abstract provided.
Out Of House And Home: The Disparate Application Of Louisiana’S Eviction Laws To Mobile Home Owners, Jared A. Clark
Out Of House And Home: The Disparate Application Of Louisiana’S Eviction Laws To Mobile Home Owners, Jared A. Clark
Louisiana Law Review
The article focuses on the mobile home eviction laws in Louisiana and discusses disparate application of Louisiana's eviction laws to mobile home owners, background on mobile homes and the demographics of the people who own these homes; and problems caused by these laws to mobile home owners.
Evicted: The Socio-Legal Case For The Right To Housing, Lisa T. Alexander
Evicted: The Socio-Legal Case For The Right To Housing, Lisa T. Alexander
Faculty Scholarship
Matthew Desmond's Evicted: Poverty and Profit in the American City is a triumphant work that provides the missing socio-legal data needed to prove why America should recognize housing as a human right. Desmond's masterful study of the effect of evictions on Milwaukee's urban poor in the wake of the 2008 U.S. housing crisis humanizes the evicted, and their landlords, through rich and detailed ethnographies. His intimate portrayals teach Evicted's readers about the agonizingly difficult choices that low-income, unsubsidized tenants must make in the private rental market. Evicted also reveals the contradictions between "law on the books" and "law-in-action." Its most …
Exploiting The Poor: Housing, Markets, And Vulnerability, Ezra Rosser
Exploiting The Poor: Housing, Markets, And Vulnerability, Ezra Rosser
Scholarly Articles in Law Reviews & Journals
Matthew Desmond provocatively claims that landlords exploit poor tenants in his Pulitzer Prize winning book, Evicted: Poverty and Profit in the American City (2016). This essay celebrates Desmond's work and explores the exploitation claim, focusing on how landlords deliberately exploit vulnerable tenants and on forms of market-based exploitation.
Evicted, Nicole P. Dyszlewski
Law School Clinic And Community Legal Services Providers Collaborate To Advance The Remedy Of Implied Warranty Of Habitability In Missouri, Karen Tokarz, Zachary Schmook
Law School Clinic And Community Legal Services Providers Collaborate To Advance The Remedy Of Implied Warranty Of Habitability In Missouri, Karen Tokarz, Zachary Schmook
Faculty Articles
Missouri tenants have few defenses to uninhabitable housing conditions. In a statistical study conducted by the Washington University Civil Rights & Community Justice Clinic and the Metropolitan Saint Louis Equal Housing & Opportunity Council, which encompassed 6,369 landlord-tenant cases from the 2012 calendar year, only two cases (0.03%) resulted in a judgment in favor of the tenant, while 4,934 cases (77.5%) resulted in judgments in favor of the landlord, with the remaining cases being dismissed without a judgment. These findings suggest that unrepresented low-income tenants seeking to raise defenses in rent and possession and eviction cases in the Missouri state …
No Place Like Home: Tenant Harassment And The Frailty Of Housing Court, Adam M. Shrier
No Place Like Home: Tenant Harassment And The Frailty Of Housing Court, Adam M. Shrier
Capstones
Residents across New York City—particularly those living in rent-stabilized or rent-controlled apartments—are subject to concerted, persistent harassment at the hands of landlords determined to replace them with higher-rent paying tenants or tenants who will remain compliant in response to the landlords’ negligence or illegal actions. Although tenant harassment is illegal in New York City, the laws and penalties of New York City Housing Court have proven to be an ineffective system for tenants and insufficient deterrent against landlords who stand to make significant financial gains from deregulating apartments and who often get slapped with little to no fines for their …
Rental Home Sweet Home: The Disparate Impact Solution For Renters Evicted From Residential Foreclosures, David Lurie
Rental Home Sweet Home: The Disparate Impact Solution For Renters Evicted From Residential Foreclosures, David Lurie
Northwestern University Law Review
At the end of the last decade, a drastic spike in residential foreclosures brought unprecedented attention to the damage that mass foreclosure often brings to primarily low-income, minority–majority communities. Much of this attention—in both the media and in the legal arena—has been devoted to homeowners disadvantaged by predatory loans and other unsavory practices. However, a recent body of scholarship has shown that the brunt of mass foreclosure often falls on renters, who often have little or no procedural protection from speedy and unexpected eviction from their homes, regardless of lease status or tenure. This Note argues that the Supreme Court’s …
Anti-Social Behaviour, Expulsion From Condominium, And The Reconstruction Of Ownership, Douglas C. Harris
Anti-Social Behaviour, Expulsion From Condominium, And The Reconstruction Of Ownership, Douglas C. Harris
Osgoode Hall Law Journal
Statutory condominium regimes facilitate massive increases in the density of owners. The courts are responding to this spatial reorganization of ownership by reconstructing what it means to be the owner of an interest in land. This article analyzes the ten cases over eight years (from 2008 to 2015) in which Canadian courts grant eviction and sale orders against owners within condominium for anti-social behaviour. The expulsion orders are new. Until these cases, ownership within condominium in Canadian common law jurisdictions was thought to be as robust as ownership outside condominium such that owners could not be expelled from condominium for …
Eviction Court And A Judicial Duty Of Inquiry, Harold Krent, Peter Cheung, Kayla Higgins, Matthew Mcelwee
Eviction Court And A Judicial Duty Of Inquiry, Harold Krent, Peter Cheung, Kayla Higgins, Matthew Mcelwee
All Faculty Scholarship
No abstract provided.
The Price Of Equal Justice: How Establishing A Right To Counsel For People Who Face Losing Their Homes Helps Tackle Economic Inequality, Andrew Scherer
The Price Of Equal Justice: How Establishing A Right To Counsel For People Who Face Losing Their Homes Helps Tackle Economic Inequality, Andrew Scherer
Articles & Chapters
No abstract provided.
Sheltering Counsel: Towards A Right To A Lawyer In Eviction Proceedings, Raymond H. Brescia
Sheltering Counsel: Towards A Right To A Lawyer In Eviction Proceedings, Raymond H. Brescia
Touro Law Review
This Article provides an overview of the current arguments presented by advocates who seek to establish a right to counsel for indigent tenants in eviction proceedings and assesses the strength of those arguments in the current political, social, and economic milieu. It is beyond question that the overwhelming majority of low-income tenants are unrepresented in proceedings in which their homes are in jeopardy and having counsel in such proceedings often prevents eviction and homelessness. Preventing those evictions reduces the human cost of homelessness, saves government substantial money by not having to provide shelter to the homeless, and preserves the stock …
Criminalization Of Housing: A Revolving Door That Results In Boarded Up Doors In Low-Income Neighborhoods In Baltimore, Maryland, Sarah Spangler Rhine
Criminalization Of Housing: A Revolving Door That Results In Boarded Up Doors In Low-Income Neighborhoods In Baltimore, Maryland, Sarah Spangler Rhine
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
A Closer Look At Seemingly Pro-Tenant Provisions In The Residential Tenancies Act, Mary Truemner
A Closer Look At Seemingly Pro-Tenant Provisions In The Residential Tenancies Act, Mary Truemner
Journal of Law and Social Policy
Explores how the following legislative changes in Ontario systemically affect the power imbalance between landlords and tenants: (1) the abolishment of the default eviction, (2) the return of orders prohibiting rent increases where the landlord has not properly maintained the rental premises, (3) the deeming of a termination date where the tenant has not provided proper notice, and (4) additions to defences to eviction applications.
"Deference" Versus "Security Of Tenure": Eviction Of Residents Of Subsidized Housing Co-Operatives At The Superior Court Of Justice For Ontario, 1992-2009, Jeff Schlemmer
Journal of Law and Social Policy
Explores the different levels of protection against arbitrary eviction for Ontario residents of subsidized government housing and those living in a housing cooperative or another type of subsidized housing. The difference comes from the evolution of the case law over the last decade, where all evictions from residential tenancies, except housing cooperatives, have been removed from the jurisdiction of courts. This is based on the theory that cooperatives function as "democracies" and residents who accept subsidized housing in a housing cooperative, voluntarily lose the legislative rights that protects all other tenants. This area of law has become unsustainable. The court …
First Hudson Capital, Llc V. Seaborn, Kristopher Ferranti
First Hudson Capital, Llc V. Seaborn, Kristopher Ferranti
NYLS Law Review
No abstract provided.
The International Trend Toward Requiring Good Cause For Tenant Eviction: Dangerous Portents For The United States?, Andrea B. Carroll
The International Trend Toward Requiring Good Cause For Tenant Eviction: Dangerous Portents For The United States?, Andrea B. Carroll
Journal Articles
This article is a first step in an effort to critically examine the invasion of a rather dangerous European property law trend into American law. The view of the right to safe, adequate, and affordable housing as a fundamental right held by all mankind is quickly growing, with more than nine countries now recognizing it. The problem is that the recognition of this fundamental right begs the question of how it is to be assured. The method of assurance chosen by most jurisdictions recognizing a right to housing is a scheme of good cause eviction. Under such a regime, a …
A Domestic Right Of Return?: Race, Rights, And Residency In New Orleans In The Aftermath Of Hurricane Katrina, Lolita Buckner Inniss
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 …
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
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.
Why People Who Face Losing Their Homes In Legal Proceedings Must Have A Right To Counsel, Andrew Scherer
Why People Who Face Losing Their Homes In Legal Proceedings Must Have A Right To Counsel, Andrew Scherer
Articles & Chapters
No abstract provided.