Housing Law Commons^™

Resolving The Flaws Of Residential Servitudes Associations: For Reformation Not Termination, Gerald Korngold

Articles & Chapters

No abstract provided.

Deroche, Et Al. V. Blackfeet Indian Housing Authority, No. 89-Api (Blkft. Tr. Ct. App., Dec. 19, 1989) 17 Ilr 6036, Blackfeet Appellate Court

Court Decisions

The Blackfeet Tribal Court of Appeals affirms the trial court’s jury verdict in favor of plaintiffs in an action against the Blackfeet Indian Housing Authority.

The Housing Crisis And New England's Economy: State And Local Initiatives To Offset The Federal Retreat, Rebecca Stevens

New England Journal of Public Policy

Housing is a major economic factor for any region. Over the last several years, dramatically increased housing prices in New England have cast doubt on the region's ability to sustain continued economic growth. Indeed, New England's lack of affordable housing has caused labor shortages and other problems for New England businesses. With the federal government slashing its housing assistance in the 1980s, New England states and localities have started to address the region's housing problems by developing a variety of housing programs. But their resources are relatively limited and they are not able to expand the supply of affordable housing …

Preserving Low Income Housing In Maine - An Inventory Of Assisted Housing, Elizabeth H. Mitchell

Maine Collection

Preserving Low Income Housing In Maine - An Inventory of Assisted Housing

Maine State Housing Authority, Augusta , Maine, 1988.

Enforcement Of Acceleration Provisions And The Rhetoric Of Good Faith, R. Wilson Freyermuth

Faculty Publications

Today, virtually all mortgages contain acceleration clauses permitting the mortgagee to accelerate the mortgage indebtedness upon default by the mortgagor as defined in the mortgage loan documentation. Section 8.1 of the new Restatement (Third) of Property: Mortgages [hereinafter Mortgages Restatement]1 endorses the view that these mortgage acceleration provisions are generally enforceable after default in accordance with their terms. Following default and acceleration, the mortgagor may prevent foreclosure only by redeeming the property from the mortgage debt, i.e., “only by paying or tendering to the mortgagee the full accelerated mortgage obligation.” Section 8.1(d)(3), however, places certain constraints upon the mortgagee's right …

Suburban Cleveland's 20-Year Integration Struggle, W Dennis Keating

Law Faculty Articles and Essays

A retrospective look at open housing efforts in one of the nation's most segregated regions.

Private Enforcement And The Fair Housing Act, Robert G. Schwemm

Law Faculty Scholarly Articles

The first section of the Fair Housing Act declares that "[i]t is the policy of the United States to provide, within constitutional limitations, for fair housing throughout the United States." If the United States has been officially committed to providing for fair housing for the past 20 years, why is segregated housing still the prevailing norm throughout our nation? Why does discrimination still regularly occur when minority homeseekers venture into white areas? Why are the opportunities for living in stable, integrated neighborhoods only marginally better now than they were a generation ago in the days of Lyndon Johnson, Everett McKinley …

Housing Violations Void Lease-A New Tenant's Remedy

Washington and Lee Law Review

No abstract provided.

Illegal Lofts In New York City: Have The Equities Been Balanced, Jay Facciolo

Fordham Urban Law Journal

In New York City today, tens of thousands of people,' primarily tenants, are illegally occupying lofts. These tenants have signed commercial leases, often long-term leases at rents far below the current market rate. The changing economics of loft buildings has led to serious conflicts between landlords and tenants. Landlords have sought to evict tenants before their leases expire, refused to renew their leases or demanded higher rental rates upon renewal. Tenants have withheld rent for extended periods. These conflicts have been taken to the courts, and legislation recently enacted in New York State attempts to resolve these issues for at …

Issues Facing Boston: 1984, Housing, Phillip L. Clay

McCormack Graduate School General Publications (active until 2013)

The housing problem in Boston is one issue facing the new council which offers both opportunity and complexity. In a city where 70 percent of the households are tenants, where incomes are low and housing expensive, and where major demographic and economic changes are taking place, easy answers are not available. But housing, unlike other issues, is a matter over which the city has some leverage so that progress will be noted and appreciated by an increasingly attentive electorate.

In recent years, the city has not faced the challenge of greater local discretion in housing policy (made available by the …

Boston's Housing In 1984: Issues And Opportunities, Rolf Goetze

McCormack Graduate School General Publications (active until 2013)

Sharp cutbacks in federal aid for housing and community development now challenge Boston to become more resourceful in its housing strategies. In the neighborhoods where new solutions are needed, much has already been happening that can be adapted and expanded. Fortunately, the City's resurgence can also help achieve more results with less public resources, but a fresh approach involving community interests is essential. At the same time, local laws, procedures and programs devised to address past problems must also be critically re-evaluated to determine their appropriateness to the new realities.

Confidence in Boston's future is being uplifted, and many neighborhoods …

Housing Issues In Boston: Guidelines For New Policy And Program Perspectives, Joseph S. Slavet, Boston Urban Observatory, University Of Massachusetts Boston

Boston Urban Observatory Publications

Urban stagnation and turbulence, the roller-coaster trends In the national and local economy and the vicissitudes of national, state and local public policies have left their mark on Boston's residential neighborhoods and housing markets.

Boston's response to the new opportunities of public policy during the sixties and seventies was to take full advantage of urban renewal, assis ted-housing production and housing rehabilitation. Large-scale activities reshaped the occupancy patterns and market strengths of residential neighborhoods. By mid-1975, however, except for continuing growth in the City's subsidized housing stock, Boston's housing future looked bleak. There was pervasive evidence of a growing housing …

The Rights Of Unmarried Cohabiting Couples To Housing In New York, Matthew G. Connolly

Fordham Urban Law Journal

This Note examines the protections available to unmarried couples against housing discrimination under the marital status provision of the New York City and New York State Human Rights Laws. After a brief examnitation of cohabitation, this Note will review judicial and administrative construction of the Human Rights Law since its inception. This Note concludes by proposing that unwed couples be given the same protection as married couples under the marital status provision in the New York Human Rights Law. This proposition finds support in: (1) the statutory mandate that the Human Rights Law be liberally construed to accomplish its purspose, …

An Evaluation Of New York Loft Conversion Law, William Eckstein

Fordham Urban Law Journal

Prior to World War II, buildings of five to ten stories, called lofts, used to house small factories, dominated lower Manhattan. As these buildings were converted to residences after World War II, laws and regulations regarding conversion were enacted haphazardly. The New York state legislature is considering a bill, Article 7C, Legalization of Interim Multiple Dwellings, designed to address the inadequacies which characterize loft conversion laws. This Note analyzes the propriety of Article 7C by reviewing the evolution of New York loft conversion law. The viewpoints of tenants, landlords, and city officials are presented in separate sections. This Note concludes …

Gentrification: The Class Conflict Over Urban Space Moves Into The Courts, Harold A. Mcdougall

Fordham Urban Law Journal

Gentrification of inner-cities has resulted in a class conflict over urban space. An issue in the federal courts is whether the Department of Housing and Urban Development (HUD) can build, sponsor, or subsidize low income housing projects within or near revitalized neighborhoods. In Stryker's Bay Neighborhood Council v. Karlen, the United States Supreme Court held that HUD's decision-making process relating to the placement of low income housing is beyond judicial review. This Article reviews recent litigation in Philadelphia, Chicago and Boston in light of Stryker's Bay, and concludes that in order to protect federal efforts to maintain the integrated character …

Evaluation Of City Of Boston Fair Housing Programs: The Final Report, Boston Urban Observatory, University Of Massachusetts Boston

Boston Urban Observatory Publications

The City of Boston's 3-year Pair Housing Plan (1981-83) identifies the following six goals for achieving greater freedom of choice in housing for its minority residents: 1) To improve the delivery of services relative to the enhancement of freedom of choice to all minorities in Boston as they relate to fair housing; 2) To increase enforcement of fair housing laws; 3) To increase public safety and security to assure equal access throughout the City of Boston; 4) To Increase the participation of all minorities and low-and moderate-income people in all City of Boston housing programs; 5) To increase low-cost housing …

Compensatory Damages In Federal Fair Housing Cases, Robert G. Schwemm

Law Faculty Scholarly Articles

The federal fair housing laws became effective in 1968. Since then, courts have often awarded damages to victims of housing discrimination, but their decisions have provided little guidance for assessing the amount of such awards. There is a great range of awards, with some courts awarding only nominal damages of $1 and others setting awards of over $20,000. Compounding the problem is the difficulty of measuring the principal element of damages claimed by most plaintiffs in fair housing cases, noneconomic emotional harm or other forms of intangible injury.

Rarely is the basis for the amount of the court's award satisfactorily …

Standing To Sue In Fair Housing Cases, Robert G. Schwemm

Law Faculty Scholarly Articles

Few procedural issues have commanded more attention from the Supreme Court in recent years than standing. The question of who is a proper party to bring a particular claim has arisen in a variety of contexts, but the Court has been especially active in addressing standing problems in cases concerning allegations of housing discrimination. The recent decision of Gladstone Realtors v. Village of Bellwood marked the fifth time in the past decade that the justices have decided a fair housing case on standing grounds.

The Supreme Court's determination to emphasize standing issues in many of its early fair housing opinions …

Emergency Tenant Protection In New York: Ten Years Of Rent Stabilization, Diane Ungar

Fordham Urban Law Journal

New York City's rent stabilization system was designed as an alternative to the rent control system. Rent stabilization looked to the owners for supervision as a way to benefit not only the system but tenants through an informed and experienced administration. Unfortunately, the system has had its fair share of shortcomings as rules have become technical, complex, and ill equipped to address the concerns of tenants. This comment examines the stabilization system's history and its current status. Though the current system has flaws, the flaws can be fixed and must be to protect NYC tenants and owners.

Child Exclusion Policies In Housing, Larry D. Barnett

Kentucky Law Journal

No abstract provided.

Discriminatory Effect And The Fair Housing Act, Robert G. Schwemm

Law Faculty Scholarly Articles

This article addresses the question of whether housing practices that produce discriminatory effects violate the Fair Housing Act. The language and legislative history of the statute are examined, the analogy to employment discrimination law is explored, and the principal Title VIII cases are considered in an effort to determine just what racial discrimination is under the Fair Housing Act. This analysis leads to a suggested approach for evaluating Title VIII cases that are based on discriminatory effect, including how such an effect may be shown by the plaintiff and what significance such a showing should have in terms of the …

Adminsitrative Law - Eligibility Under The Uniform Relocation Act: Federal Mortage Insurance And The Determination Of Displaced Person, Catherine Kalita Mclamb

Villanova Law Review (1956 - )

No abstract provided.

From Washington To Arlington Heights And Beyond: Discriminatory Purpose In Equal Protection Litigation, Robert G. Schwemm

Law Faculty Scholarly Articles

When the Supreme Court decided Washington v. Davis on June 7, 1976, it began a new era in civil rights law. Rejecting the contention that state action is unconstitutional solely because it operates to injure more blacks than whites, the Court held that proof of discriminatory purpose is necessary to establish a claim of racial discrimination under the equal protection clause. In two cases decided the following term—Village of Arlington Heights v. Metropolitan Housing Development Corp. and Castaneda v. Partida—the Court reaffirmed its commitment to the discriminatory purpose requirement, but was badly divided on how to apply the …

Neighborhood Housing Services: A Program With Promise, Charles L. Thiemann

Vanderbilt Law Review

Neighborhood Housing Services (NHS) is a concept concerned with the problem of neighborhood preservation and revitalization. It is also a program that has developed out of this concept which many believe has much promise as a means of dealing with these problems. What reasons do we have for believing that NHS is a program with promise? How is the concept of Neighborhood Housing Services germane to the problem of neighborhood preservation and revitalization? What is the nature of the problem of neighborhood preservation and revitalization? These are the questions addressed in this article.

New Judicial Approaches To Maintaining Housing Quality In The Cities, Eugenia K. Manning

Fordham Urban Law Journal

Virtually every member of the urban community is a party to a landlord-tenant relationship. As the general tenor of urban life in America changes, so must the laws which govern the urban dweller. For years the doctrine of caveat emptor prevented the tenant from forcing the landlord to make necessary repairs or to retain the leased premises in a habitable condition. The doctrine of constructive eviction afforded him little relief; and housing and sanitation codes, while achieving a measure of success, were generally ineffective. Only when conditions because unbearable did the law protect him. Increasingly, however, the trend has been …

Civil Rights--Housing--Relief Under Section 1982 For Blacks Exploited In Segregated Housing Markets--Clark V. Universal Builders, Inc., Robert J. Grow

BYU Law Review

No abstract provided.

Neighborhood Preservation In New York City, Phillip Weitzman

Fordham Urban Law Journal

The push to the suburbs, financed in large part by federal mortgage guarantees and highway construction moneys and bolstered by exclusionary zoning, has generated forces which tend to leave old urban neighborhoods in shambles. The syndrome of housing deterioration is well known. The dilemma of the deteriorating neighborhood is heightened in a city such as New York, where a large proportion of its population lives in old multiple family buildings. After almost forty years marked by a succession of programs designed to eliminate slums and blighted areas, New York City has concluded that its older neighborhoods must be protected from …

The New York City Housing Receivership And Community Management Programs, Mark Grossman

Fordham Urban Law Journal

Each year New York City landlords abandon buildings containing an estimated 10,000 apartments, forcing tenants to leave as the ownerless buildings plunge into decay. At least half of these buildings are structurally solid and might last several more decades if not abandoned. Most are found in areas where "problem" buildings- buildings which have a potential for abandonment- will most likely be found. New York City has instituted a number of programs for dealing with buildings which are headed toward abandonment. They include code-enforcement, emergency repair and receivership programs, foreclosure for nonpayment of property taxes, and rehabilitation programs involving municipal loans, …

Monetary Recovery As Preventive Reliefin Fair Housing Actions By The Attorneygeneral, David Samuel De Jong

Washington and Lee Law Review

No abstract provided.

The Use Of Racial Statistics In Fair Housing Cases, David S. Bogen, Richard V. Falcon

Faculty Scholarship

No abstract provided.