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Articles 1561 - 1590 of 2128

Full-Text Articles in Housing Law

Expanding Homeownership Opportunity: The Softsecond Loan Program, 1991-2003, Jim Campen Jul 2004

Expanding Homeownership Opportunity: The Softsecond Loan Program, 1991-2003, Jim Campen

Gastón Institute Publications

The SoftSecond Loan Program emerged at the end of a tumultuous year of struggle over community reinvestment issues that began on January 11, 1989. The lead story in that day’s Boston Globe reported that a draft study by researchers at the Federal Reserve Bank of Boston had found that there was a pattern of “racial bias” in Boston’s mortgage lending, that the number of mortgage loans in the predominantly black neighborhoods of Roxbury and Mattapan would have been more than twice as great “if race was not a factor,” and that “this racial bias is both statistically and economically significant.” …

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Inadequate Housing, Israel, And The Bedouin Of The Negev, Tawfiq S. Rangwala Jul 2004

Inadequate Housing, Israel, And The Bedouin Of The Negev, Tawfiq S. Rangwala

Osgoode Hall Law Journal

This article examines Israel's treatment of its Arab Bedouin citizens living in the Negev desert through the lens of the international human right to adequate housing. The Negev Bedouin, an agrarian indigenous community, is the most socially, politically and economically disadvantaged segment of the Arab minority in Israel. Their precarious situation is rooted primarily in Israeli land planning pursuits that have ignored Bedouin land claims in favor of settlement programs reserved exclusively for the majority population. This article documents the manner in which the overarching legal and political character of the state has led to the development of a legislative, …

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Stick Houses In Peshawbestown, Matthew L. M. Fletcher May 2004

Stick Houses In Peshawbestown, Matthew L. M. Fletcher

Cardozo Public Law, Policy & Ethics Journal

The article examines the legal and historical challenges faced by Native American tribes, particularly the Grand Traverse Band of Ottawa and Chippewa Indians, in asserting their sovereignty and rights. It highlights the federal government's role in undermining tribal autonomy through coercive policies, such as forced sterilization and disenrollment, while also exploring the tension between tribal sovereignty and state jurisdiction. The analysis emphasizes the importance of federal recognition and the ongoing struggles for self-governance, cultural preservation, and economic stability in Native American communities.

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Limiting The Autonomy Of Cooperative Apartment Corporation Governing Boards, John L. Barone May 2004

Limiting The Autonomy Of Cooperative Apartment Corporation Governing Boards, John L. Barone

Cardozo Public Law, Policy & Ethics Journal

The article argues that proposed legislation requiring cooperative apartment corporation governing boards to provide written explanations for rejecting applicants undermines the business judgment rule, which protects boards' autonomy as long as they act in good faith. This rule, supported by cases like Levandusky v. One Fifth Avenue Apartment Corp. and Weisner v. 791 Park Avenue Corp., shields boards from liability unless bad faith or discrimination is shown. The article contends that the legislation would erode this protection, potentially leading to increased litigation and weaker governance.

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The "No Property" Problem: Understanding Poverty By Understanding Wealth, Jane B. Baron May 2004

The "No Property" Problem: Understanding Poverty By Understanding Wealth, Jane B. Baron

Michigan Law Review

Could it be that understanding homelessness and poverty is less a function of understanding the homeless and the poor than of understanding how the wealthy come to ignore and tolerate them? This is one of the more intriguing suggestions of anthropologist Kim Hopper's Reckoning with Homelessness, and it echoes claims made by lawyers who, like Hopper, have spent much of their careers advocating on behalf of the homeless. While Hopper's new book is first and foremost a work of anthropology, its structure strongly parallels recent work by legal scholars who have sought to assess the effects of litigation and lobbying …

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Promoting The Promise Manufactured Homes Provide For Affordable Housing, Amy J. Schmitz Apr 2004

Promoting The Promise Manufactured Homes Provide For Affordable Housing, Amy J. Schmitz

Faculty Publications

This Article raises issues for HUD and other policy makers to consider with respect to MHIA programs and broader mobile home policies. It also seeks to spark public awareness about the potential that mobile homes provide for affordable housing. The time is ripe for policy makers on federal and state levels to craft safety and financing regulations that take into account the unique character and complexities of mobile home transactions and mobile home ownership. Furthermore, the MHIA should ignite mobile home manufacturers, retailers, lenders, and consumer advocates to join forces to help alleviate burdens of mobile home ownership and provide …

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Minnesota’S New Residential Purchase Agreement Cancellation Statute, Larry M. Wertheim Jan 2004

Minnesota’S New Residential Purchase Agreement Cancellation Statute, Larry M. Wertheim

William Mitchell Law Review

For the first time in almost twenty years, the Minnesota legislature has altered the statutory procedures for canceling residential purchase agreements. The 2004 legislature instituted two new procedures for cancellation of residential purchase agreements, both of which will significantly change current practices. … The new legislation for cancellation of residential purchase agreements represents an effort to provide an expedited method of allowing sellers and buyers to resolve standoffs between the parties with the broker in the middle holding the earnest money. It has the advantages over section 559.21 of speed, a remedy for the buyer, and a means of confirming …

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Complaint, Seymour V. Hug, 413 F.Supp.2d 910, Docket No. 1:04-Cv-02041 (Northern District Of Illinois 2005), F. Willis Caruso, John Marshall Law School Fair Housing Legal Clinic Jan 2004

Complaint, Seymour V. Hug, 413 F.Supp.2d 910, Docket No. 1:04-Cv-02041 (Northern District Of Illinois 2005), F. Willis Caruso, John Marshall Law School Fair Housing Legal Clinic

Court Documents and Proposed Legislation

No abstract provided.

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The Continuing Crisis In Affordable Housing: Systemic Issues Requiring Systemic Solutions, Paulette J. Williams Jan 2004

The Continuing Crisis In Affordable Housing: Systemic Issues Requiring Systemic Solutions, Paulette J. Williams

Fordham Urban Law Journal

This article compares programs designed to provide rental housing and programs designed to promote homeownership and attempts to determine which of the existing programs better promotes economic security among the population both are designed to benefit. Part II presents a framework for a discussion of affordable housing policy issues, outlining the complex environment of affordable housing development, and the multiple interests that need to be involved in developing any coherent policy. Part III gives a short history of public housing policies from 1937 to the end of the twentieth century. Part IV discusses the major rental housing programs, including the …

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Housing Gideon: The Right To Counsel In Eviction Cases , Rachel Kleinman Jan 2004

Housing Gideon: The Right To Counsel In Eviction Cases , Rachel Kleinman

Fordham Urban Law Journal

While the legal system recognizes an indigent’s constitutional right to counsel in a criminal trial the same is not true with respect to civil cases. This Comment examines this legal reality by focusing specifically on an indigent’s inability to gain access to counsel within the confines of eviction proceedings. The author lays out the arguments for both those who favor recognizing an indigent’s right to counsel in eviction proceedings and those opposed to recognizing that right. Ultimately, absent an indigent’s access to counsel in these civil cases, their ability to have any sort of meaningful access to justice is seriously …

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Let Them Rent Cake: George Pataki, Market Ideology, And The Attempt To Dismantle Rent Regulation In New York, Craig Gurian Jan 2004

Let Them Rent Cake: George Pataki, Market Ideology, And The Attempt To Dismantle Rent Regulation In New York, Craig Gurian

Fordham Urban Law Journal

This article examines the ideological and political struggle over rent regulation that was waged by rent regulation opponents in the Spring of 1997. Part I traces the debate as it unfolded in 1997, including the role of legislative leaders, the governor, the press, and anti-regulation advocates. It focuses on the assumptions about the market shared by the various anti-regulation protagonists, and on the factors starkly omitted from their analyses. Part II sets forth the results of the debate, examining the provisions and consequences of the "Rent Regulation Reform Act of 1997," including the legislation passed in 2003 to extend rent …

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Bankruptcy And Mortgage Lending: The Homeowner Dilemma, 38 J. Marshall L. Rev. 19 (2004), A. Mechele Dickerson Jan 2004

Bankruptcy And Mortgage Lending: The Homeowner Dilemma, 38 J. Marshall L. Rev. 19 (2004), A. Mechele Dickerson

UIC Law Review

No abstract provided.

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Blighting The Way: Urban Renewal, Economic Development, And The Elusive Definition Of Blight, Colin Gordon Jan 2004

Blighting The Way: Urban Renewal, Economic Development, And The Elusive Definition Of Blight, Colin Gordon

Fordham Urban Law Journal

This article examines the way municipalities have used increasingly broad interpretations of "blight" to compete for state tax increment financing (TIFs) for economic development purposes. It traces the definition of blight in the context of state and federal urban redevelopment programs from the nineteenth century through the Progressive Era to the advent of TIF laws in the 1980s and 90s. It goes on to discuss the how the concept of "blight" has shifted from a condition of substandard housing to a condition of "sub-optimal" local economic development, in part due to intense competition among municipalities for TIFs. The article concludes …

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Precision In Statutory Drafting: The Qualitech Quagmire And The Sad History Of § 365(H) Of The Bankruptcy Code, 38 J. Marshall L. Rev. 97 (2004), Robert M. Zinman Jan 2004

Precision In Statutory Drafting: The Qualitech Quagmire And The Sad History Of § 365(H) Of The Bankruptcy Code, 38 J. Marshall L. Rev. 97 (2004), Robert M. Zinman

UIC Law Review

No abstract provided.

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Democratizing The American Dream: The Role Of A Regional Housing Legislature In The Production Of Affordable Housing, Thomas A. Brown Jan 2004

Democratizing The American Dream: The Role Of A Regional Housing Legislature In The Production Of Affordable Housing, Thomas A. Brown

University of Michigan Journal of Law Reform

Economic, ethnic and racial residential segregation are ubiquitous across United States metropolitan regions. As a result, the majority of affordable housing is located in central cities or inner-ring suburbs, generally in areas of highly concentrated poverty. Outer suburbs are often exempt from providing significant housing for the economically disadvantaged regional citizens. This should not be. If housing policy in metropolitan regions were established in a democratic fashion, the give-and-take of the political process would create strong incentives for regional cooperation in the creation of affordable housing. Drawing together scholarship in the fields of local government law, administrative law, and housing …

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Cha's "Plan For Transformation": A Status Report, Karine Polis Jan 2004

Cha's "Plan For Transformation": A Status Report, Karine Polis

Public Interest Law Reporter

No abstract provided.

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Fast Food Justice: The Denial Of Tenants' Due Process Rights In Chicago's Eviction Courts, Steven Quaintance Mckenzie, Andrew Dougherty Jan 2004

Fast Food Justice: The Denial Of Tenants' Due Process Rights In Chicago's Eviction Courts, Steven Quaintance Mckenzie, Andrew Dougherty

Public Interest Law Reporter

No abstract provided.

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Community Service Requirements Force Tough Decisions On Some Chicago Public Housing Tenants, Andrew Dougherty Jan 2004

Community Service Requirements Force Tough Decisions On Some Chicago Public Housing Tenants, Andrew Dougherty

Public Interest Law Reporter

No abstract provided.

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Proposed Budget Includes Cuts In Section 8 Housing Voucher Program, Aisha Cornelius Jan 2004

Proposed Budget Includes Cuts In Section 8 Housing Voucher Program, Aisha Cornelius

Public Interest Law Reporter

No abstract provided.

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Without Due Process Of Law: Deprivation And Gentrification In Chicago, Kelli Dudley Jan 2004

Without Due Process Of Law: Deprivation And Gentrification In Chicago, Kelli Dudley

Public Interest Law Reporter

No abstract provided.

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The Human Right To Housing: Making The Case In U.S. Advocacy, Maria Foscarinis, Brad Paul, Bruce Porter, Andrew Scherer Jan 2004

The Human Right To Housing: Making The Case In U.S. Advocacy, Maria Foscarinis, Brad Paul, Bruce Porter, Andrew Scherer

Articles & Chapters

No abstract provided.

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The Human Right To Housing: Making The Case In U.S. Advocacy, Maria Foscarinis, Brad Paul, Bruce Porter, Andrew Scherer Jan 2004

The Human Right To Housing: Making The Case In U.S. Advocacy, Maria Foscarinis, Brad Paul, Bruce Porter, Andrew Scherer

Articles & Chapters

American anti-poverty advocates are increasingly focusing on expressing homelessness as a violation of fundamental human rights. Conceptualizing homelessness as a human rights violation can help add legal content to advocacy goals, and help build support for the housing resources, policy changes, and improved legal protective measures needed to ensure access to housing.

This article explores the right to housing in domestic and international law, how to evaluate compliance with the right in the United States, and how to employ legal strategies in support of claims to the right. Theauthors review the status of international law in U. S. law and …

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Can Promise Enforcement Save Affordable Housing In The United States? Jan 2004

Can Promise Enforcement Save Affordable Housing In The United States?

San Diego Law Review

Promise Enforcement is my original approach to the development of affordable housing. Promise Enforcement, as a system, includes three components: (1) contextual thinking; (2) valuing individuality, and (3) comprehensive responsibility. Contextual thinking involves a sense of environmental, historical, and geographic context. Valuing individuality allows residents of public housing to express themselves as unique individuals. Comprehensive responsibility involves a complete understanding of the costs and benefits of affordable housing. The theory was inspired in part by the work of Austrian activist, artist, and architect Friedensreich Hundertwasser and the writings of French social contract theorist Jean-Jacques Rousseau. My article that introduced the …

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Brevorka V. Wolfe Construction, Inc.: Did I Just Waive My Rights To The Implied Warranty Of Workmanlike Construction, Linda Seay Robertson Oct 2003

Brevorka V. Wolfe Construction, Inc.: Did I Just Waive My Rights To The Implied Warranty Of Workmanlike Construction, Linda Seay Robertson

North Carolina Central Law Review

No abstract provided.

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The "No Property" Problem: Understanding Poverty By Understanding Wealth, Jane Baron Sep 2003

The "No Property" Problem: Understanding Poverty By Understanding Wealth, Jane Baron

ExpressO

No abstract provided.

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Seniors In Public Housing, Jan Mutchler, Francis G. Caro May 2003

Seniors In Public Housing, Jan Mutchler, Francis G. Caro

Gerontology Institute Publications

In recent years, the Boston Housing Authority (BHA) discovered that nearly 40% of the seniors (residents aged 62 and over) living in their public housing developments were living in family housing developments rather than in senior/disabled housing developments. Administrators at the BHA were aware that some seniors lived in family developments, but they were committed to learning more systematically about this population and their needs. They turned to the Gerontology Institute at the University at Massachusetts Boston as a partner in this effort. With funding from the Boston Foundation, the collaboration resulted in a research and policy development effort on …

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Consuming Government, Richard Schragger May 2003

Consuming Government, Richard Schragger

Michigan Law Review

In his ambitious new book, William Fischel, a Professor of Economics at Dartmouth College, gives us a new political animal: "The Homevoter." The homevoter is simply a homeowner who votes (p. ix). According to Fischel, she is the key to understanding the political economy of American local government. By implication, she is the key to understanding state and national government as well. Homeowners warrant special attention because "residents who own their own homes have a stake in the outcome of local politics that make them especially attentive to the public policies of local government" (p. ix). That is because local …

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Unfair Evictions: Where Fair Housing And Landlord-Tenant Law Intersect, Geoffrey Heeren Jan 2003

Unfair Evictions: Where Fair Housing And Landlord-Tenant Law Intersect, Geoffrey Heeren

Articles

No abstract provided.

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Where Left Meets Right: A Case Study Of Class-Based Economic Discrimination Through Zoning In Salisbury, Maryland, Robin R. Cockey Jan 2003

Where Left Meets Right: A Case Study Of Class-Based Economic Discrimination Through Zoning In Salisbury, Maryland, Robin R. Cockey

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

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Motion Of The Fair Housing Center Of Metropolitan Detroit For Leave To File Brief Amicus Curiae And Brief Amicus Curiae In Support Of Petitioners, Paschal V. Flagstar Bank, Fsb, 537 U.S. 1227 (Supreme Court Of The United States Of America 2003) (No. 02-961), Michael P. Seng, John Marshall Law School Fair Housing Legal Clinic Jan 2003

Motion Of The Fair Housing Center Of Metropolitan Detroit For Leave To File Brief Amicus Curiae And Brief Amicus Curiae In Support Of Petitioners, Paschal V. Flagstar Bank, Fsb, 537 U.S. 1227 (Supreme Court Of The United States Of America 2003) (No. 02-961), Michael P. Seng, John Marshall Law School Fair Housing Legal Clinic

Court Documents and Proposed Legislation

No abstract provided.

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