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Housing Law

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Articles 61 - 80 of 80

Full-Text Articles in Housing Law

Evaluating The Sex Discrimination Argument For Lesbian And Gay Rights, Edward D. Stein Jan 2002

Evaluating The Sex Discrimination Argument For Lesbian And Gay Rights, Edward D. Stein

Articles

The sex discrimination argument for lesbian and gay rights analyzes laws that discriminate on the basis of sexual orientation in terms of sex discrimination. For example, sodomy laws that prohibit only same-sex sexual activities are analyzed as discriminating on the basis of sex because they prohibit women from doing something men are permitted to do, that is, have sex with women. This argument has been championed by some scholars and litigators, and it has persuaded some judges. Edward Stein shows that there are sociological, theoretical, moral, and practical problems facing the sex discrimination argument. He suggests that there are better …


Evaluating The Sex Discrimination Argument For Lesbian And Gay Rights, Edward D. Stein Dec 2001

Evaluating The Sex Discrimination Argument For Lesbian And Gay Rights, Edward D. Stein

Articles

The sex discrimination argument for lesbian and gay rights analyzes laws that discriminate on the basis of sexual orientation in terms of sex discrimination. For example, sodomy laws that prohibit only same-sex sexual activities are analyzed as discriminating on the basis of sex because they prohibit women from doing something men are permitted to do, that is, have sex with women. This argument has been championed by some scholars and litigators, and it has persuaded some judges. Edward Stein shows that there are sociological, theoretical, moral, and practical problems facing the sex discrimination argument. He suggests that there are better …


The Search For A National Land Use Policy: For The Cities' Sake, Shelby D. Green Jan 1998

The Search For A National Land Use Policy: For The Cities' Sake, Shelby D. Green

Elisabeth Haub School of Law Faculty Publications

This article offers a survey of federal legislation and statements of policy that have shaped and directed land use and related phenomena, including the location of population, economic growth, and the character of urban development. Part I of this article provides a historical development of land use policies and laws, as well as presents academic and scientific theories supporting a national land use policy. Part II of this article describes patterns of urban and suburban growth and their consequences, such as the decline of the viability of cities and the loss of agricultural land. Part III discusses the government's spending …


The Public Housing Tenancy: Variation On The Common Law That Give Security Of Tenure And Control, Shelby D. Green Jan 1994

The Public Housing Tenancy: Variation On The Common Law That Give Security Of Tenure And Control, Shelby D. Green

Elisabeth Haub School of Law Faculty Publications

This Article explores the character of the public housing tenancy, comparing it with the common law tenancy under private lease law and evaluating the degree to which private lease law will protect the interests of low-income families if current proposals to abolish existing in-kind housing programs are adopted. Part II of this Article traces the history of federally funded housing programs and describes the various strategies employed. Part III discusses the recent changes in modern private lease law and recounts the basic rights and obligations of the landlord and tenant, which define and govern the rights of low-income families under …


Is A Lodging House A Home? Rent Protection For New York City Lodging House Residents, Lynda Braun Apr 1991

Is A Lodging House A Home? Rent Protection For New York City Lodging House Residents, Lynda Braun

Cardozo Law Review

No abstract provided.


Toward A Housing Imperative And Other Reflections On Balanced Growth And Development, John R. Nolon Jan 1990

Toward A Housing Imperative And Other Reflections On Balanced Growth And Development, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

In a series of recent cases, the New York courts have commented on the legislative acts of the state and local governments which have restricted or expanded the access to housing for limited income households or minorities. From these holdings, we can glimpse the outlines of a housing imperative: an emerging right running generally to low and moderate income households and minorities not to be excluded from living in any given community. As important, there also emerges the understanding that our legislators are empowered to act decisively to solve New York's much-lamented housing problem.


The Fixed-Price Preemptive Right In The Community Land Trust Lease: A Valid Response To The Housing Crisis Or An Invalid Restraint On Alienation?, Christopher A. Seeger Dec 1989

The Fixed-Price Preemptive Right In The Community Land Trust Lease: A Valid Response To The Housing Crisis Or An Invalid Restraint On Alienation?, Christopher A. Seeger

Cardozo Law Review

No abstract provided.


Turning Up The Heat In Hell’S Kitchen: Linking Harassment To Owners Seeking Building Permits In New York City’S Clinton District, Faith Glickman Rossi Feb 1989

Turning Up The Heat In Hell’S Kitchen: Linking Harassment To Owners Seeking Building Permits In New York City’S Clinton District, Faith Glickman Rossi

Cardozo Law Review

No abstract provided.


Shattering The Myth Of Municipal Impotence: The Authority Of Local Government To Create Affordable Housing, John R. Nolon Jan 1989

Shattering The Myth Of Municipal Impotence: The Authority Of Local Government To Create Affordable Housing, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

In the absence of any guidance from the legislature, local officials, in confronting the problem of affordable housing, look to the courts to define the extent of their responsibility and power. While not providing specific direction, the New York Court of Appeals has clearly outlawed zoning designed to exclude affordable housing. The judiciary has voiced doubts, however, that municipal governments can, through zoning alone, require the development of affordable housing. The view that municipalities lack such power is erroneous. Zoning alone is competent to induce such development. Furthermore, local governments have considerable additional power to induce the creation of such …


Introduction, Monroe E. Price Oct 1988

Introduction, Monroe E. Price

Cardozo Law Review

No abstract provided.


Passion In Legal Argument And Judicial Decisionmaking: A Comment On Goldberg V. Kelly, Stephen Wizner Oct 1988

Passion In Legal Argument And Judicial Decisionmaking: A Comment On Goldberg V. Kelly, Stephen Wizner

Cardozo Law Review

No abstract provided.


The Question Of Succession In New York City: Who Has The Right To Renew A Rent-Stabilized Lease?, S. Emy Poulad Aug 1988

The Question Of Succession In New York City: Who Has The Right To Renew A Rent-Stabilized Lease?, S. Emy Poulad

Cardozo Law Review

No abstract provided.


Does The Roof Have To Cave In: The Landlord/Tenant Power Relationship And The Intentional Infliction Of Emotional Distress, Susan E. Keller Aug 1988

Does The Roof Have To Cave In: The Landlord/Tenant Power Relationship And The Intentional Infliction Of Emotional Distress, Susan E. Keller

Cardozo Law Review

No abstract provided.


The Legality Of Race-Conscious Access Quotas Under The Fair Housing Act Of 1968, Marc A. Kushner Feb 1988

The Legality Of Race-Conscious Access Quotas Under The Fair Housing Act Of 1968, Marc A. Kushner

Cardozo Law Review

No abstract provided.


Expanding Traditional Land Use Authority Through Environmental Legislation: The Regulation Of Affordable Housing, John R. Nolon Jan 1988

Expanding Traditional Land Use Authority Through Environmental Legislation: The Regulation Of Affordable Housing, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

This article is devoted to an examination of local land use regulation in the context of the use of SEQRA and its mandate, to mitigate environmental impacts to require the provision of affordable housing in high cost housing markets. As such, it looks at one contemporary manifestation of the growth of police power authority to meet new land use challenges.


Nonconsensual Repeal Of Third-Party Beneficiary Contract Rights: Senior Creditors Under Subordination Agreements, Jessica A. Hauser Aug 1987

Nonconsensual Repeal Of Third-Party Beneficiary Contract Rights: Senior Creditors Under Subordination Agreements, Jessica A. Hauser

Cardozo Law Review

No abstract provided.


The Dilemma Of The Refugee: His Standard For Relief, Leon Wildes Jan 1983

The Dilemma Of The Refugee: His Standard For Relief, Leon Wildes

Cardozo Law Review

No abstract provided.


Institutional Injunctions, David Rudenstine Jan 1983

Institutional Injunctions, David Rudenstine

Cardozo Law Review

No abstract provided.


Reexamining Federal Housing Programs In A Time Of Fiscal Austerity: The Trend Toward Block Grants And Housing Allowances, John R. Nolon Jan 1982

Reexamining Federal Housing Programs In A Time Of Fiscal Austerity: The Trend Toward Block Grants And Housing Allowances, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

This article begins with an examination of the evolution of the federal government's predominant role in collecting and spending revenues for social programs, including housing. It traces the growth of federal spending, and the evolution of federally assisted programs for housing. It continues with an analysis of the trend toward block grants and housing allowances, and concludes by commenting on this trend's effect on the future of housing programs for households with limited incomes.


Group Homes, Families, And Meaning In The Law Of Subdivision Covenants, Robert D. Brussack Sep 1981

Group Homes, Families, And Meaning In The Law Of Subdivision Covenants, Robert D. Brussack

Scholarly Works

Part I of this Article discusses two questions central to a general account of the problem of meaning in the law of subdivision covenants. First, whose meaning ought to count? The answer to this question is developed principally by contrasting the meaning problem in covenants law with the related problem in other legal realms such as contractual and statutory interpretation. Second, what should be the role in contemporary covenants law of the traditional rule requiring that ambiguity in covenant language be resolved in favor of the free use of land. Here the Article explores the nature of ambiguity and critiques …