Housing Law Commons^™

Restrictive Covenants And Architectural Review: Some Suggested Standards, 27 J. Marshall L. Rev. 939 (1994), Allen Oshinski

UIC Law Review

No abstract provided.

Fighting Municipal "Tag-Team": The Federal Fair Housing Amendments Act And Its Use In Obtaining Access To Housing For Persons With Disabilities, Robert L. Schonfeld, Seth P. Stein

Fordham Urban Law Journal

This Article examines the impact of the Fair Housing Amendments Act (FHAA) on prohibiting housing discrimination against persons on the basis of their disabilities, and analyzes the court decisions interpreting the FHAA on questions of land use to determine whether they are consistent with the stated intentions of the drafters of the Amendments. Part I traces the legislative intent behind the FHAA and, specifically, the sections of the Amendments enjoining housing discrimination against persons with handicaps. Part I also analyzes the court decisions interpreting the Amendments’ requirements as to what facts must be demonstrated to prove discrimination. This Part of …

Homelessness And Substance Abuse: Is Mandatory Treatment The Solution?, Melanie B. Abbott

Fordham Urban Law Journal

For the government to be successful in addressing homelessness, it must focus on the link between homelessness and substance abuse. In New York City and elsewhere, advocates are reluctant to publicize the connection between substance abuse and homelessness. Federal laws and programs that attempt to deal with homelessness, such as welfare, Social Security, federal housing laws, and the McKinney Act and other various federal acts do not provide a comprehensive approach to treatment of those who are both homeless and substance abusers. Because the Supreme Court has held that the Constitution does not provide a right to shelter, advocates have …

Rewriting Beginnings: The Lessons Of Gautreaux, 28 J. Marshall L. Rev. 57 (1994), Janet Koven Levit

UIC Law Review

No abstract provided.

Mortgaging The American Dream: A Critical Evaluation Of The Federal Government's Promotion Of Home Equity Financing, Julia Patterson Forrester Rogers

Faculty Journal Articles and Book Chapters

In this Article, I advocate elimination of federal promotion of home equity financing, recommending that the federal government permit home equity financing without encouraging it. In Part Il of this Article, I discuss some of the problems caused by federal promotion of home equity financing. While home equity loans carry a risk to the borrowers of losing their homes, homeowners cannot properly assess this risk due to their tendency to underestimate the probability of default and foreclosure. Homeowners who do lose their homes to foreclosure may be devastated, both financially and psychologically. Despite the risks of a home equity loan, …

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 …

Affordable Housing: Update On Federal And State Activities, Patricia E. Salkin

Scholarly Works

No abstract provided.

Homelessness At The Millennium, Peter W. Salsich

All Faculty Scholarship

This article discusses the government’s response to what appeared at the time to be an overnight explosion of the homeless population in big cities and small towns as a result of major economic and social changes of the early 1980s. In order to respond effectively to underlying problems of homelessness, it explores solutions that are more comprehensive than merely building shelters. The author argues that while homelessness has a direct link to poverty, the government must also address more complex causes including, the lack of adequate mental health care, substance abuse, a decline in the availability of affordable housing, and …

Urban Housing: A Strategic Role For The States, Peter W. Salsich

All Faculty Scholarship

The author argues that states have both the capacity and the opportunity to play a leading role in revitalizing national housing policy. At a time when federal housing programs were declining, state administered housing programs came to the forefront. Detailing the growth of state administered housing policies, the article notes that creative, diverse, flexible, and community planned affordable housing programs being funded by states. States also have opportunities for leadership in housing through coordinated application of state zoning powers in conjunction with state administration of federal housing programs. In conclusion, the article recommends gradually phasing out centralized federal housing in …

Urban Revitalization And Community Finance: An Introduction, Peter R. Pitegoff

Faculty Publications

"In his 1933 poem Burn the Cities, Nathanael West, the iconoclastic American novelist and urban radical, portrays the city as a focal point of discontent and of anguish for the world's predicament.2 From Jerusalem to Paris and finally to London, the poem winds through distressing urban imagery with scant opportunity for escape. The implicit modicum of hope is an overthrow of the present order. From older cities abroad, West imports an apocalyptic vision of cities at home."

Cultural Differences And Discrimination: Samoans Before A Public Housing Eviction Board, Richard O. Lempert, Karl Monsma

Articles

In Hawaii Samoans are a stigmatized ethnic group. We examine how this group is treated by a public housing eviction board. Statistical analysis suggests Samoans are discriminated against in financial cases. Interviews indicate, however, that Samoans are disadvantaged largely because their excuses are not persuasive and would not be regardless of the ethnicity of the tenants making them. In this sense Samoans are treated "like any other tenant," and illegal discrimination, as defined by the Four- teenth Amendment, has not occurred. But Samoans make unpersuasive excuses more often than other tenants because excuses that are reasonable in the context of …

Eliminating The Labyrinth: A Proposal To Simplify Federal Mortgage Lending Discrimination Laws, Stephen M. Dane

University of Michigan Journal of Law Reform

The object of this Article is to demonstrate that the statutory and regulatory framework established by the federal government in its efforts to fight mortgage-lending discrimination is an extremely complicated labyrinth of dead ends, false passages, and elusive goals. Instead of addressing the mortgage-lending discrimination problem directly and comprehensively, Congress has taken a piecemeal and incomplete approach that generally has failed to bring the mortgage-lending industry into equal access compliance.

After pointing out the problems and deficiencies in the current statutory and regulatory scheme, this Article suggests a bold, comprehensive solution to the problem that, if implemented effectively, should ensure …

Seqra’S Too Valuable To Trash: A Reply To Stewart Sterk, Philip Weinberg

Cardozo Law Review

No abstract provided.

Strange Bedfellows: Two Paradoxes In Constitutional Discourse Over Corporate And Individual Political Activity, Andrew Stark

Cardozo Law Review

No abstract provided.

Combatting Unnecessary Family Separation: How To Seek Court-Ordered Housing For Families In The District Of Columbia Neglect System, Justine A. Dunlap, Kenneth Zimmerman

University of the District of Columbia Law Review

No abstract provided.

The Rental Housing Conversion And Sale Act: A Practitioner's Roadmap To Tenant Ownership, Richard C. Eisen

University of the District of Columbia Law Review

Rental housing in the District of Columbia is subject to a "comprehensive scheme of regulation" 1 that is probably unique in its scope. One of the primary anchors of that scheme is The Rental Housing Conversion and Sale Act of 1980, as amended (Act).2 The purpose of this article is to examine the explicit requirements of the Act and how it affects tenant and landlord rights. The article will further discuss the use of the Act by tenants and their advocates to improve housing conditions in all neighborhoods of the District.

The District Of Columbia's Response To Homelessness: Depending On The Kindness Of Strangers, Lois G. Williams, Shelley R. Jackson, Frank R. Trinity, Susan Schorr

University of the District of Columbia Law Review

No abstract provided.

Tenants' Rights And The District Of Columbia Master Meter Act: A Violation Of Due Process, Sally Frank

University of the District of Columbia Law Review

No abstract provided.

When A Hotel Is Your Home, Is There Protection? - Baker V. Rushing, Amy M. Campbell

Campbell Law Review

First, this Note will provide a brief history of landlord-tenant law, tracing the common law through the development of pro-tenant reforms. Then, this Note examines the distinction between a tenant and a guest and the legal consequences of that distinction. This Note also discusses the rationale behind the Baker decision and its legal implication. This Note concludes with suggestions of the broader ramifications of Baker.

The Future Of Fair Housing Litigation, 26 J. Marshall L. Rev. 745 (1993), Robert G. Schwemm

UIC Law Review

No abstract provided.

Mandatory Disclosure Law: A Statute For Illinois, 27 J. Marshall L. Rev. 155 (1993), John H. Scheid

UIC Law Review

No abstract provided.

Federal Preemption Of Rent Regulation Under Firrea, Eric William Hess

Fordham Urban Law Journal

After hundreds of savings and loan institutions became insolvent in the 1980s, Congress enacted the Federal Institutions Reform, Recovery, and Enforcement Act, which was designed to provide affordable mortgage financing to low and moderate income individuals, and to dispose of the assets of the failed savings and loan institutions. Among the powers granted by FIRREA to the FDIC was the ability to disaffirm or repudiate leases held by insolvent institutions if those leases are deemed burdensome. In "Resolution Trust Corp. v. Diamond," the United States District Court wrongly held that FIRREA cannot be construed to allow Federal preemption of State …

Words, Deeds And The Work We Still Know So Little About, Mark Andrew Sherman

St. Thomas Law Review

Part II of this Article provides the reader with background on the current state of federal affordable housing and community development law. It describes what President Clinton is inheriting from prior administrations as well as the new administration's affordable housing and community development agenda. In short, Part II describes the enormity of the challenge facing the legal community. In Part III, I describe a personal experience from my own background as a lawyer serving a group of low-income tenants struggling to preserve their housing. The purpose of the story is to provide some indication of the types of non-traditional skills …

Reverse Mortgages: A Financial Planning Device For The Elderly, 1 Elder L.J. 75 (1993), Celeste M. Hammond

UIC Law Open Access Faculty Scholarship

An analysis of the merits of reverse mortgages from individual and public policy perspectives is the subject of Professor Hammond's article. She argues that the elderly's typical "house rich, but cash poor" problem warrants approval of a method which allows the elderly to tap their home equity for income purposes while allowing them to remain in their homes. Professor Hammond analyzes other means for tapping equity and finds each lacking in its ability to accomplish the stated goal. She also describes the three types of reverse mortgages currently available. Finally, Professor Hammond sets forth a list of legal issues that …

The Fair Housing Act, Zoning, And Affordable Housing, Patricia E. Salkin, John M. Armentano

Scholarly Works

No abstract provided.

The Future Of Fair Housing Litigation, Robert G. Schwemm

Law Faculty Scholarly Articles

This article is a revised version of the keynote address I gave at a conference entitled "Where is Fair Housing Headed in This Decade?" sponsored by The John Marshall Law School in the Fall of 1992. As its title implies, the conference focused on the future of fair housing, and my address dealt with certain developments that I felt were not only observable in the early years of the 1990s, but were also likely to be important in the remaining years of this decade.

Many of these developments—such as the growing role of the federal government in fair housing enforcement …

Irs Tax Exemptions And Affordable Housing: Old Standards For New Times, Janet Stearns, Doreen Fundiller-Zweif

Articles

No abstract provided.

A Decent Home For Every American: Can The 1949 Goal Be Met?, Peter W. Salsich

All Faculty Scholarship

This article follows the shift in federal housing policy from a production emphasis during the decade after the Kerner Commission Report to a policy of limited support that enables a few low-income people to choose their own housing. It details specific legislation enacted over this period and highlights the continuing debate about the most effective use of federal housing funds. Also, discussed is the growth of state and local housing support programs, as well as the non-profit community housing development movement. The author points out that the legislative framework is in place for an effective national housing policy designed to …

Constitutional Bootstrapping In Philadelphia And Paris, Jon Elster

Cardozo Law Review

No abstract provided.

An Exception To The Levandusky Business Judgment Rule: Owner And Shareholder Interests In Condominium And Cooperative Board Decisions, Randolph C. Gwirtzman

Cardozo Law Review

No abstract provided.