Housing Law Commons^™

The Controversy Over Section 548 Of The Bankruptcy Code In The Mortgage Arena: Making The Case For A Federal Statute Reforming The Foreclosure Process, 23 J. Marshall L. Rev. 683 (1990), Robert A. Glaves

UIC Law Review

No abstract provided.

Litigating A Fair Housing Case In The 90'S, Kenneth J. Kowalski, Edward Kramer

Law Faculty Articles and Essays

Recent statutory amendments to the Federal Fair Housing Act of 1968, 42 U.S.C. Sections 3601 et seq., will be the impetus for substantial litigation in this decade. The Fair Housing Amendments Act of 1988, which was enacted on September 13, 1988 and became effective on March 12, 1989, established new protected classes, created an administrative law judge system to enforce the law, and strengthened many of the original provisions of the Act. This article will review the Amendments, their impact on litigating a fair housing case, and recent case law in the area.

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.

Brasci V. Stahl: Family Redefined, Eileen Kaspar

NYLS Journal of Human Rights

No abstract provided.

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

Articles & Chapters

No abstract provided.

Accelerating Integration : Effective Remedies In Public Housing Discrimination Suits, Adam M. Shayne

University of Michigan Journal of Law Reform

This Note examines the different remedies employed by judges to integrate public housing and recommends a standard approach for courts to employ in the future. Part I describes the status of local and federal public housing policy in the United States. Part II examines litigation aimed at achieving the integration of public housing. This Part details short-term remedies employed by judges in several cities and long-term integration efforts by the courts in two cities: Chicago, Illinois, and Yonkers, New York. The Chicago and Yonkers suits exemplify the major obstacles that plaintiffs and judges face in developing appropriate measures to integrate …

The Future Of District Of Columbia Home Rule, Philip G. Schrag

Georgetown Law Faculty Publications and Other Works

This article begins by briefly reviewing the recent historical development of home rule. Next, it explores the ways in which the people of the District might obtain a greater voice in the national legislature and more genuine home rule. Finally, it suggests that the District's citizens may have to make a political choice, which they have until now avoided, between seeking gradual improvements in their political rights and pressing strongly for statehood.

Affordable Housing Forum, Richard F. Bellman, John M. Armentano, Alan Mallach

Touro Law Review

No abstract provided.

Determining A Standard For Housing Discrimination Under Title Viii, Richard C. Cahn

Touro Law Review

No abstract provided.

The Fair Housing Amendments Act Of 1988: New Strategies For New Procedures, Minna J. Kotkin

Faculty Scholarship

No abstract provided.

Our Localism: Part I – The Structure Of Local Government Law, Richard Briffault

Faculty Scholarship

Two themes dominate thejurisprudence of American local government law: the descriptive assertion that American localities lack power and the normative call for greater local autonomy. The positive claim of local legal powerlessness dates back to the middle of the nineteenth century and continues to be affirmed by treatises and commentators as a central element of state-local relations. The argument for local selfdetermination has a comparably historic pedigree and broad contemporary support. The scholarly proponents of greater local power – what I will call "localism" – make their case in terms of economic efficiency, education for public life and popular political …

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 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.

Tenants' Rights In Police Power Condemnations Under State Statutes And Procedural Due Process, Eric Wills Orts

University of Michigan Journal of Law Reform

This Note explores the legal arguments available to tenants who want to resist arbitrary or unjustified condemnations of their buildings. Part I provides an overview of the legal and constitutional structure of the police power to condemn buildings. Part II analyzes state statutes governing the condemnation of buildings. Focusing on the statutory rights to notice and opportunity for a hearing provided to tenants, Part II concludes that a majority of states provide inadequate protection for tenants facing eviction by condemnation. Part II then proposes statutory reform, based on an approach taken by a minority of states. Part III demonstrates that …

Remedying The Irremediable: The Lessons Of Gautreaux, A. Dan Tarlock

All Faculty Scholarship

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

Cardozo Law Review

No abstract provided.

What You See Is Not Always What You Get: The Enforceability Of Loan Prepayment Penalties, 23 J. Marshall L. Rev. 65 (1989), Thomas C. Homburger, Matthew K. Phillips

UIC Law Review

No abstract provided.

Discrimination Against Families With Children And Handicapped Persons Under The 1988 Amendments To The Fair Housing Act, 22 J. Marshall L. Rev. 541 (1989), Michael P. Seng

UIC Law Review

No abstract provided.

Fair Housing In The 1990'S: An Overview Of Recent Developments And Prognosis Of Their Impact, 22 J. Marshall L. Rev. 421 (1989), F. Willis Caruso, William H. Jones

UIC Law Review

No abstract provided.

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 …

Emergence Of Community Development Corporations: Their Impact On Housing And Neighborhoods, W Dennis Keating

Law Faculty Articles and Essays

CDCs, both locally and nationally, are seeking broader support from government, corporations and foundations. Without increased sustained support, it is not clear that CDCs can really provide the housing, employment, and services necessary for the revitalization of urban neighborhoods that are truly integrated by income, race and ethnicity. However, given the failure of the private market to provide below market housing, and the inability of most large public housing authorities to expand the supply of public housing, CDCs are the best and often the only hope for affordable housing in these neighborhoods.

Symposium On Rent Control, W Dennis Keating

Law Faculty Articles and Essays

Review of Richard Epstein's "Commentary on Rent Control and the Theory of Efficient Regulation," 53 Brooklyn Law Review 741, 742 (1988).

Buying Blackacre: Form Contracts And Prudent Provisions, 23 J. Marshall L. Rev. 15 (1989), John H. Scheid

UIC Law Review

No abstract provided.

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 …

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

Fordham Urban Law Journal

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 …

Single Family Use Covenants: For Achieving A Balance Between Traditional Family Life And Individual Autonomy, Gerald Korngold

Articles & Chapters

No abstract provided.

It's Hard Outside: Profiles Of Elderly Homelessness, Joseph Doolin

New England Journal of Public Policy

This article is a qualitative study of the lives of homeless elders in Boston. It examines the concerns uppermost in the minds of the homeless including the art of integrating their past lives into the values and milieu of their current homeless situation. Concern about the reinstitutionalization of the mentally ill in public shelters, domiciles once reserved for the older alcoholic, the pressures and stress of shelter life, victimization, the shrinking supply of SRO units, and the role of alcohol are also examined. Considered in detail are various coping strategies and supports utilized by older adults in their survival roofless. …

Non-Profit Housing Organizations, Peter W. Salsich

All Faculty Scholarship

This article emphasizes that any solution to the phenomenon of homelessness must include a substantial component of permanent affordable housing and argues that nonprofit organizations can play a crucial role in resolving this housing crisis. The article surveys the variety of forms that community based housing has taken to provide housing for the most neglected groups. Typical problems nonprofit housing organizations have faced in obtaining and maintaining tax-exempt status are discussed. The tax treatment of nonprofit organizations is a significant factor in such organizations’ overall ability to maintain housing units at affordable prices. Also, reviewed is the landlord-tenant relationship when …

Portland Student Services, Inc. : The Establishment Of Student-Run Housing In Portland, Oregon, 1969-1971, Michael Keith Brewin

Dissertations and Theses

Portland student Services, Inc. (PSS), a non-profit student housing corporation, was created under circumstances that were especially arduous. Although thousands of students attending Portland State University in the late 1960s needed housing, state law prohibited the university from providing residential facilities . Many students lived in dilapidated apartment buildings in downtown Portland and faced dislocation from urban renewal programs initiated by the Portland Development Commission. Activists who set out to establish student-run housing also faced hostility from policymakers who resented student-led initiatives in politics and university governance.

However, these dedicated student activists aligned with members of the Portland business community …

Housing Discrimination, Richard F. Bellman ,Esq., Richard Cahn ,Esq.

Touro Law Review

No abstract provided.