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Articles 181 - 210 of 287

Full-Text Articles in Housing Law

Discretionary Pricing, Mortgage Discrimination, And The Fair Housing Act, Robert G. Schwemm, Jeffrey L. Taren Jul 2010

Discretionary Pricing, Mortgage Discrimination, And The Fair Housing Act, Robert G. Schwemm, Jeffrey L. Taren

Law Faculty Scholarly Articles

For generations, mortgage lending has always been the gateway to the American dream of homeownership, and, historically, has also been characterized by widespread discrimination against racial and ethnic minorities and their communities. Mortgage discrimination in the modem era has often been accomplished through a technique known as discretionary pricing, in which lenders allow their loan officers and brokers to increase borrowers' costs from an objectively determined base rate. In the past decade alone, discretionary pricing has cost minority homeowners billions of dollars in extra payments, which, in tum, has led these minorities to suffer higher foreclosure rates than whites and …


Please Check One--Male Or Female?: Confronting Gender Identity Discrimination In Collegiate Residential Life, Katherine A. Womack May 2010

Please Check One--Male Or Female?: Confronting Gender Identity Discrimination In Collegiate Residential Life, Katherine A. Womack

University of Richmond Law Review

No abstract provided.


Bringing Human Rights Home: The Dc Right To Housing Campaign, Meetali Jain Jan 2010

Bringing Human Rights Home: The Dc Right To Housing Campaign, Meetali Jain

Human Rights Brief

No abstract provided.


Slums, Slumdogs, And Resistance, Tayyab Mahmud Jan 2010

Slums, Slumdogs, And Resistance, Tayyab Mahmud

American University Journal of Gender, Social Policy & the Law

No abstract provided.


In Re The Estate Of Avonne Goss, 2008 P 05, (Blkft. Tr. Ct. App., Nov. 4, 2009), Blackfeet Appellate Court Nov 2009

In Re The Estate Of Avonne Goss, 2008 P 05, (Blkft. Tr. Ct. App., Nov. 4, 2009), Blackfeet Appellate Court

Court Decisions

In the Blackfeet Tribal Court of Appeals the Court answered the question to whether the “Bill of Sale” of a home from Avonne Goss to Robbin Goss, for the sum of $1, constituted a valid legal document. The Court determined that the home will remain in full ownership of Robbin Goss and the Bill of Sale for $1 was a valid legal document.


Exclusionary Housing Vs. Fair Housing: The Need For State Legislation, John R. Nolon, Jessica A. Bacher Oct 2009

Exclusionary Housing Vs. Fair Housing: The Need For State Legislation, John R. Nolon, Jessica A. Bacher

Elisabeth Haub School of Law Faculty Publications

On September 23rd, Westchester County settled a lawsuit with U.S. Department of Housing and Urban Development and the Anti-Discrimination Center of Metro New York under which it agreed to develop and carry out an implementation plan to construct 750 affordable housing units in Westchester communities with low percentages of African American and Hispanic households. Under this agreement, the County will provide over $50 million to create housing in these communities; if needed, the County agreed to withhold benefits from the communities or to bring litigation against them if the 750 units are not constructed. The County will be supervised by …


Unaffordable “Affordable” Housing: Challenging The U.S. Department Of Housing And Urban Development Area Median Income, Michael E. Stone Jul 2009

Unaffordable “Affordable” Housing: Challenging The U.S. Department Of Housing And Urban Development Area Median Income, Michael E. Stone

Center for Social Policy Publications

There is no such thing as “affordable” housing. Affordability is not a characteristic of housing: It is a relationship between housing and people. For some people, all housing is affordable, no matter how expensive. For others, no housing is affordable, no matter how cheap.


The Foreclosure Crisis And The Anti-Fragmentation Principle In State Property Law, David A. Dana Jan 2009

The Foreclosure Crisis And The Anti-Fragmentation Principle In State Property Law, David A. Dana

Faculty Working Papers

Secured credit in homes has been divided and over-divided and spun into so many separate interests that economically rational, socially beneficial modifications of loans are impossible. The mortgage story is a new one but the excessive fragmentation of property and the creation of waste and inefficiency is not new. And our legal tradition of state property law has an answer, in the form of an anti-fragmentation principle. Consistent with this principle, federal government trustees should be authorized to review mortgages and, where modification would yield greater total return than foreclosure, modify the loans. Blind trustee review, moreover, can be achieved …


Criminalization Of Housing: A Revolving Door That Results In Boarded Up Doors In Low-Income Neighborhoods In Baltimore, Maryland, Sarah Spangler Rhine Jan 2009

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.


Improving The Odds Of Government Accountability In The Disaster-Prone Era: Using The 9/11 Fund Factors To Remedy The Problem Of Toxic Katrina Trailers, Olympia Duhart Jan 2009

Improving The Odds Of Government Accountability In The Disaster-Prone Era: Using The 9/11 Fund Factors To Remedy The Problem Of Toxic Katrina Trailers, Olympia Duhart

Faculty Scholarship

This article analyzes the dangers surrounding the toxicity levels in the trailers issued to Katrina survivors by FEMA, and identifies serious medical complications stemming from the temporary homes. Lack of government oversight in the process led to the distribution of formaldehyde-laced trailers that cost the government more than $2 billion and continue to poison residents years after the storm. Furthermore, the failures connected to disaster relief are even more disturbing in this disaster-prone era. More importantly, this paper also proposes the creation of a Toxic Trailer Fund to compensate residents of toxic FEMA trailers. Using the factors implicitly established by …


Reconciling People And Place In Housing And Community Development Policy Essay, Nestor M. Davidson Jan 2009

Reconciling People And Place In Housing And Community Development Policy Essay, Nestor M. Davidson

Faculty Scholarship

In housing and community development theory, scholars have long debated tensions between place-based policies and those that focus on fostering mobility. In practice, this is a false dichotomy and this essay explores ways in which place-based policies change the calculus of mobility, while mobility policies deeply shape both the communities people seek and those they leave behind.


Rethinking The American Dream, Tamar Frankel Jan 2008

Rethinking The American Dream, Tamar Frankel

Shorter Faculty Works

Lurking in the background of the sub-prime crisis is the question: What sustains the American Dream of owning a home? Is ownership of a home the best way to live? How much does home-ownership really cost the taxpayers? And behind this question rises the unthinkable question: Is home ownership for the American middle and upper class obsolete? Should the American Dream be to "rent a home" rather than "buy a home"?


Is Acquisition Everything? Protecting The Rights Of Occupants Under The Fair Housing Act, Rigel C. Oliveri Jan 2008

Is Acquisition Everything? Protecting The Rights Of Occupants Under The Fair Housing Act, Rigel C. Oliveri

Faculty Publications

This article addresses a recent trend among the federal courts to deny housing discrimination claims under the Fair Housing Act in cases where the plaintiff was an occupant of the housing at the time the discrimination occurred. Put another way, the courts have begun to read the FHA as protecting only the right to obtain housing, not the right to occupy that housing free of discrimination.The trend began with a 2004 Seventh Circuit opinion authored by Judge Richard Posner in the case of Halprin v. The Prairie Single Family Homes. Halprin dismissed most of the claims of a Jewish couple …


Cox, Halprin, And Discriminatory Municipal Services Under The Fair Housing Act, Robert G. Schwemm Jan 2008

Cox, Halprin, And Discriminatory Municipal Services Under The Fair Housing Act, Robert G. Schwemm

Law Faculty Scholarly Articles

This Article deals with Cox v. City of Dallas, Halprin v. Prairie Single Family Homes of Dearborn Park Ass’n, and the issue of whether the Federal Fair Housing Act (FHA) should be interpreted to outlaw discrimination in the provision of services by local governments. Part I describes the Cox litigation and its connection with Halprin. Part II surveys the pre-Cox cases that have dealt with discriminatory municipal services. Part III analyzes the FHA's relevant provisions and their legislative history and concludes that Cox and Halprin were wrong to deny FHA protection to current residents. Part IV …


Urban Development And Unequal Access To Housing Finance Services, Gregory D. Squires Jan 2008

Urban Development And Unequal Access To Housing Finance Services, Gregory D. Squires

NYLS Law Review

No abstract provided.


The Giuliani Years: Corporation Counsel 1994–1997, Paul A. Crotty Jan 2008

The Giuliani Years: Corporation Counsel 1994–1997, Paul A. Crotty

NYLS Law Review

No abstract provided.


The Harsh Reality Of Choosing Between Safety And Housing: Solutions For Victims Of Domestic Violence, Jill Barton Jan 2008

The Harsh Reality Of Choosing Between Safety And Housing: Solutions For Victims Of Domestic Violence, Jill Barton

Articles

No abstract provided.


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 Jun 2007

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.


History, Principles, Context, And Approach: The Special Homeless Initiative Of The Massachusetts Department Of Mental Health, Martha R. Burt Apr 2007

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 …


Love You Madly: The Life And Times Of The Neighborhood Legal Services Program Of Washington, D.C., Brian Gilmore Mar 2007

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 …


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 Jan 2007

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.


Evaluating Katrina: A Snapshot Of Renters’ Rights Following Disasters, Olympia Duhart, Eloisa C. Rodriguez-Dod Jan 2007

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 …


Why Mortgagors Can't Get No Satisfaction, R. Wilson Freyermuth Jan 2007

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.


Using Federal And State Laws To Promote Secure Housing For Survivors Of Domestic Violence, Deborah A. Widiss, Emily J. Martin Jan 2007

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.


The Sweet Trials: An Account, Douglas O. Linder Jan 2007

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 …


Affordable Housing In The New York Courts: A Case For Legislative Action, John R. Nolon, Jessica A. Bacher Nov 2006

Affordable Housing In The New York Courts: A Case For Legislative Action, John R. Nolon, Jessica A. Bacher

Elisabeth Haub School of Law Faculty Publications

This article reviews the position of the New York courts on the obligation of local governments to zone for affordable housing and concludes that it is time for legislative action at the state level. Although municipalities are beginning to adopt inclusionary zoning ordinances, most are doing little to eliminate barriers to housing or stimulate needed production. Additional encouragement, guidance, and resources are needed to create an adequate supply of affordable housing. After a review of the affordable housing cases, this article reviews what other state legislatures have done in recent years, and proposes the adoption of a Local Housing Planning …


Augare V. Baker, 2004-Ca-275 (Blkft. Tr. Ct. App., Oct. 10, 2006), Blackfeet Appellate Court Oct 2006

Augare V. Baker, 2004-Ca-275 (Blkft. Tr. Ct. App., Oct. 10, 2006), Blackfeet Appellate Court

Court Decisions

The Blackfeet Tribal Court of Appeals upheld the lower court’s opinion denying the defendant’s appeal that the lower court Judge heard nothing but hearsay and that he was unfairly represented. The plaintiff filed a civil complaint in the lower court stating the defendant owed him $6,875 in back rent, missing property, and odd jobs that the defendant promised to do. The Court of Appeals found that the defendant had every opportunity to seek counsel and failed to do so in a timely manner.


Affordable Housing: A Case For State Legislative Action, John R. Nolon, Jessica A. Bacher Sep 2006

Affordable Housing: A Case For State Legislative Action, John R. Nolon, Jessica A. Bacher

Elisabeth Haub School of Law Faculty Publications

Efforts by municipalities to promote affordable housing have proven to be insufficient as evidenced by the skyrocketing real estate prices in the New York metropolitan area. Historically, New York courts have struggled with the affordable housing issue, often issuing inconsistent decisions on what types of local laws are unconstitutionally exclusionary. By utilizing other states’ initiatives as a guide, New York can create a comprehensive affordable housing bill that will effectively provide for affordable housing and relieve some of the pressures on the judiciary caused by past ambiguous legislation.


Local Housing Efforts: The Maturation Of Laws Promoting Affordability, John R. Nolon, Jessica A. Bacher Apr 2006

Local Housing Efforts: The Maturation Of Laws Promoting Affordability, John R. Nolon, Jessica A. Bacher

Elisabeth Haub School of Law Faculty Publications

A shortage of workforce housing, especially in the New York metropolitan area where real estate prices are rapidly increasing, has long been a critical land use issue. Since amendments to New York state law that explicitly stated municipalities’ implied power to incentivize affordable housing, municipalities have begun to create innovative laws to promote affordable housing. This review describes some of the basic concepts behind the affordable housing movement, and the considerations of local legislatures in defining, and providing for affordable housing.


Advancing The Right To Adequate Housing Of Desperately Poor People: City Of Johannesburg V. Rand Properties, Lilian Chenwi Jan 2006

Advancing The Right To Adequate Housing Of Desperately Poor People: City Of Johannesburg V. Rand Properties, Lilian Chenwi

Human Rights Brief

No abstract provided.