Housing Law Commons^™

Conversion Condominium Development: An Issue Of Tenants' Rights, Amy R. Goldstein

Cleveland State Law Review

It is against the backdrop of burgeoning condominium conversion activity, rental housing shortages and diverse legislative controls that this Note will examine the issue of tenant protection as it has developed in Ohio. The consideration given to conversion condominium development in the 1978 amendments to the Ohio Condominium Property Act creates minimal, if any, protection for either tenants or the rental housing market. This Note will critically examine the pertinent provision of the Ohio Act, outline the municipal tenant protection laws which have subsequently been enacted in metropolitan Cleveland communities and consider the issue of whether these local conversion regulations …

Retaliatory Eviction And Periodic Tenants In Washington, Phillip Raymond

Seattle University Law Review

This comment evaluates the availability of the retaliatory eviction defense to periodic tenants in Washington State in light of a recent appellate court decision, Stephanus v. Anderson, denying periodic tenants the defense where the statutorily required twenty day termination notice is provided. An analysis of the basic policies underlying the Act, to ensure safe, sanitary housing conditions and to prohibit landlords' retaliatory actions against tenants exercising their rights to attain decent housing conditions, indicates periodic tenants be allowed to assert the retaliatory eviction defense. Additionally, the language of the retaliatory action provision of the statute supports an interpretation granting …

The Cleveland Housing Court Act: New Answer To An Old Problem, Frederic P. White

Cleveland State Law Review

This Article will critically examine the Housing Court's historical setting, constitutional foundation and jurisdictional powers. In addition, comparison with systems established in other states provides possible alternative suggestions for successful operation. Finally, an in-depth analysis of current problems, including inadequate funds and staff, political manipulation and protracted procedural delays, seeks to answer the question of whether the Housing Court will become a meaningful and positive force for change, or simply an "indecisive, inefficient and interminable" bureaucratic nightmare.

Expanding The Scope Of The Implied Warranty Of Habitability: A Landlord's Duty To Protect Tenants From Foreseeable Criminal Activity, Caroline Hudson

Vanderbilt Law Review

This Recent Development traces the evolution of the implied warranty of habitability and of the duty of the landlord under tort law to protect his tenants from criminal activity on the leased premises. The Recent Development then analyzes the courts'efforts to deal with the potential overlap between these two areas. The discussion focuses on the New Jersey court's recent and unprecedented broadening of the implied warranty and the potential problems faced by landlords and tenants as a result of that decision.

Redlining, Disinvestment And The Role Of Mutual Savings Banks: A Survey Of Solutions, Deborah A. Smith

Fordham Urban Law Journal

In this Article, current federal and New York State laws and regulations pertaining to redlining and disinvestment are analyzed. In addition, the current problems facing the mutual savings market are discussed and their role in the mortgage market examined. Finally, proposals for future legislation to remedy the problems of redlining and disinvestment are discussed.

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 …

The Validity Of Ordinances Limiting Condominium Conversion, Michigan Law Review

Michigan Law Review

In 1974, the New York Times ran a front-page story about the dilemma of an elderly woman who lived in a Washington, D.C., apartment building that was being converted into a condominium. On a limited budget, she faced the choice of either finding a new place to live in the tight Washington housing market or paying $2000 down and $422.50 in monthly installments for the same one-bedroom apartment she had been renting for $ 155.00 per month. The woman's situation is not unusual: a federal study estimates that owners have recently converted 60,000 rental apartment units to condominiums, and real …

Search And The Single Dormitory Room, Michigan Law Review

Michigan Law Review

This Note suggests that dormitory privacy should not be illusory. It argues that when a college breaches the standards of the fourth amendment in searching a student's room, the exclusionary rule should proscribe reliance on the fruits of that search to punish the student.

The argument progresses in two steps. Section I observes that the guarantees of the fourth amendment apply to searches of college students' rooms by college officials just as they apply to searches of any private dwelling by government officials. It traces the happy demise of Moore v. Student Affairs Committee, which allowed students only limited …

State Regulation Of Federally Chartered Financial Institutions: Washington's Anti-Redlining Act, Richard H. Cleva

Washington Law Review

The purpose of this comment is to analyze the law on state regulation of federal financial institutions and then to apply that analysis to the Washington act in order to determine whether the act can validly be applied to national banks and federal savings and loan associations. Part II critically describes the Washington act and compares it with federal law on the same subject. Part III surveys the judicially developed limits on state regulation of federal financial institutions. Part IV then considers the validity of the Washington act as applied to federal financial institutions in light of the judicial limits …

Finding The Key To The Deductibility Of Rental Payments Under A Gift And Leaseback, Michael R. Goldfein

Loyola University Chicago Law Journal

No abstract provided.

Enforceability Of Land Use Servitudes Benefiting Local Government In Washington, Stephen Phillabaum

Seattle University Law Review

Washington courts are free to enforce publicland use servitudes. Of the elements required for a servitude to run with the land, form, notice, and touch and concern on the burden side do not bar running. Only the touch and concern element applied on the benefit side is a potential bar. Washington conceivably could allow public land use servitudes to run with the land by following the minority position of not requiring touch and concern on the benefit side. A less stringent theory, however, is available to enforce public land use servitudes. Washington has not adopted a rule that public servitudes …

Redlining Revisited: Neighborhood Development Bank As Proposed Solution, Edwin T. Hood, Cynthia M. Weed

Faculty Works

Urban decline and its impact upon American society have been national concerns for nearly three decades. Although the causes of urban decline are numerous and diverse, a key factor is the in­ adequacy of the financial resources available to resolve the massive problems associated with urban decay. In the residential mortgage market, funds for home mortgage loans and home repair loans in declining neighborhoods are conspicuously absent. As a result, ur­ban decline accelerates, and any realistic hopes for the revitalization of urban neighborhoods are eliminated.

During the 1970s, national attention has focused on redlining - ­the term used to describe …

Leasehold Unconscionability: Caveat Lessor , Kevin J. Farrelly

Fordham Urban Law Journal

This comment explores unconscionability in terms of leases for real property. In an attempt to protect tenants from overreaching landlords, leasehold unconscionability has slowly become a major tool in the arsenal for tenant protection. Forming and creating statutes that define what may shock the conscience is essential in expanding that protection. This comment looks to section 1.303 of the Uniform Residential Landlord Tenant Act and as well as New York Real Property law section 235-c to reveal the change from caveat lessee to caveat lessor.

Municipal Law- Negligence- Failure Of Police To Provide Protection To The Holder Of Family Court Order Of Protection States A Valid Cause Of Action, Lauren Levey

Fordham Urban Law Journal

In defining family, it is possible to include a group home designed by the state to emulate a traditional family unit. This case examines the Group House of Port Washington, Inc. v. Board of Zoning and Appeals of the Town of North Hempstead.

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.

Zoning For The Mentally Ill: A Legislative Mandate, Deborah A. Schmedemann

Faculty Scholarship

Under the aegis of President John Kennedy, Congress first began to concern itself with the needs of the mentally ill over two decades ago. Bills providing for community mental health centers and congregate housing have appeared subsequently to attempt to expedite integration of the mentally ill into community life. These congressional mandates, however, have met with reluctance-if not hostility. While federal law makers have been the champion of deinstitutionalization, they have placed responsibility for implementation of their programs on the state and local levels. There, local governmental authorities have reacted defensively to exclude the mentally ill from their neighborhoods, primarily …

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 …

Washington's New Home Implied Warranty Of Habitability—Explanation And Model Statute, Holly Keesling Towle

Washington Law Review

This comment examines the status in Washington of the implied warranty of habitability as applied to the sale of new houses. The comment will explore the identity of the builder-vendor, the general nature of the warranty, and its specific elements. The Washington warranty is contrasted to those of other jurisdictions, suggestions are made for its modification, and a model statutory warranty is proposed.

Due Process Protections For Tenants In Section 8 Assisted Housing: Prospects For A Good Cause Eviction Standard, Mary L. Heen

Law Faculty Publications

...the Section 8 program was designed to attract private participation in a program of economically mixed housing, it poses special problems and obstacles to Section 8 tenants who, in the absence of HUD action, may turn to the courts for protection from arbitrary evictions. This article seeks to examine those difficulties and explore arguments for establishment of a Section 8 due process good cause eviction standard similar to that already judicially established for conventional public housing and for the FHA subsidized housing program.

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.

Homestead Legislation In California, Charles Adams

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

Cooperative Apartments: A Survey Of Legal Treatment And An Argument For Homestead Protection, Carolyn S. Bratt

Law Faculty Scholarly Articles

“The homestead may be a splendid mansion, a cabin or a tent,” but can it be a cooperative apartment? The supreme courts of both Florida and Georgia recently have answered this question in the negative. The Florida Supreme Court denied to a widow a homestead exemption in her deceased husband's cooperative apartment, ruling that a cooperator has no proprietary interest in the apartment, the building, or the land on which the building is situated. The Georgia Supreme Court denied a homestead tax exemption to cooperators because they lacked the characteristics of ownership needed to bring them within the constitutional exemption …

Building Restrictions - Contracts Or Servitudes, 11 J. Marshall J. Of Prac. & Proc. 465 (1978), Robert Kratovil

UIC Law Review

No abstract provided.

The Unrealized Expectations Of Article 1, Section 17, 11 J. Marshall J. Prac. & Proc. 283 (1978), Elmer Gertz

UIC Law Review

No abstract provided.

Non-Waiver Of The Implied Warranty Of Habitability In Residential Leases, Katheryn M. Dutenhaver

Loyola University Chicago Law Journal

No abstract provided.

Inspecting The Castle: The Constitutionality Of Municipal Housing Code Enforcement At Point Of Sale, Kathleen L. Barber

Loyola University Chicago Law Journal

No abstract provided.

Retirement Communities: The Nature And Enforceability Of Residential Segregation By Age, Mary Doyle

Michigan Law Review

Although age segregation in retirement communities can be established in a variety of ways, the Article focuses primarily on age-restrictive zoning ordinances, the method most directly involving governmental action. The Article first considers those persons adversely affected by age-restrictive retirement communities and suggests that potential plaintiffs may be divided into three classes-neighboring property owners whose land values are affected by the establishment of a retirement community, those excluded from such a community solely by virtue of ·their age, and those excluded or potentially excluded because of the age of persons with whom they choose to live. Next, the constitutional arguments …

The Race, Class And Housing Conundrum: A Rationale And Proposal For A Legislative Policy Of Suburban Inclusion, Charles E. Daye

North Carolina Central Law Review

No abstract provided.

The Statute Of Limitations In The Fair Housing Act: Trap For The Unwary, Edward Phillips Nickinson, Iii

Florida State University Law Review

No abstract provided.