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Articles 1981 - 2010 of 2128

Full-Text Articles in Housing Law

The Law Between Landlord And Tenant In Washington: Part Ii, William B. Stoebuck Aug 1974

The Law Between Landlord And Tenant In Washington: Part Ii, William B. Stoebuck

Washington Law Review

Part I of this two-part series appears at 49 Wash. L. Rev. 291 (1974).

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The Texas Urban Renewal Law - An Important But Primitive Tool For Community Development., Arthur Troilo Mar 1974

The Texas Urban Renewal Law - An Important But Primitive Tool For Community Development., Arthur Troilo

St. Mary's Law Journal

The Texas Urban Renewal Act (the Act) of 1954 has provided nearly twenty-four Texas cities access to federal assistance programs in redeveloping their blighted communities. As the federal government began withholding its financial support for urban assistance programs, many cities began reevaluating their approaches to redevelopment and the outmoded provisions of the Act. The holding in Davis v. Lubbock (1959) established the constitutional limits of the Urban Renewal Act according to the recent Texas Constitution. This study examines the shortcomings experienced as cities relied more on local funding while struggling with the inefficiencies apparent in the Act’s execution in adhering …

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The Law Between Landlord And Tenant In Washington: Part I, William B. Stoebuck Feb 1974

The Law Between Landlord And Tenant In Washington: Part I, William B. Stoebuck

Washington Law Review

This article will be as utilitarian as a fence post. It is intended as a handbook for lawyers who need to know something about all or part of the law between landlord and tenant in Washington. The level of analysis will be didactic and exegetical, occasionally critical or hortatory, rarely jurisprudential.

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The Use Of Racial Statistics In Fair Housing Cases, David S. Bogen, Richard V. Falcon Jan 1974

The Use Of Racial Statistics In Fair Housing Cases, David S. Bogen, Richard V. Falcon

Faculty Scholarship

No abstract provided.

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Pennsylvania Housing Finance Agency Act Of 1972, John A. Stevens Jan 1974

Pennsylvania Housing Finance Agency Act Of 1972, John A. Stevens

University of Michigan Journal of Law Reform

The 1959 Pennsylvania legislation, while commendable for its goals and its innovative financing concepts, proved inadequate over the years in meeting the changing housing needs in the state. In an attempt to correct the deficiencies of this legislation, Pennsylvania radically revised its housing law by enacting the Housing Finance Agency Act of 1972. This note undertakes a historical analysis of both the 1959 Act and the 1972 Act. Then, the new act is contrasted with similar statutes in other states. Finally, the effectiveness of the Pennsylvania legislation as a stimulate to the development of new low- and moderate-income housing is …

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Administrative Law- Practice And Procedure- Tenants Of A Public Housing Project Must Be Accorded Due Process Protections Before The Promulgation Of An Across-The-Board Rent Increase Jan 1974

Administrative Law- Practice And Procedure- Tenants Of A Public Housing Project Must Be Accorded Due Process Protections Before The Promulgation Of An Across-The-Board Rent Increase

Fordham Urban Law Journal

In June 1971, the chairman of the New Rochelle Housing Authority notified all tenants of a new $2.00 per room per month service charge and tenants instituted an action under section 1983 of the Civil Rights Act. The tenants asked the court to declare the charge invalid and enjoin the increase unless the tenants were first accorded a hearing. The US District Court for SDNY granted tenants summary judgment holding they had a due process right to notice and a hearing. The Court of Appeals for the Second Circuit modified this holding they had certain due process rights, their rights …

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Civil Rights - Discrimination In Placement Of Low-Rent Housing- Statute's Requirement That Locality's Governing Body Agree To Cooperate With Hud Used As A Shield To Protect Suburbs From Integration By Low Income Blacks Jan 1974

Civil Rights - Discrimination In Placement Of Low-Rent Housing- Statute's Requirement That Locality's Governing Body Agree To Cooperate With Hud Used As A Shield To Protect Suburbs From Integration By Low Income Blacks

Fordham Urban Law Journal

The constitutionality of certain sections of the National Housing Act that required a community to consent to the construction of federally assisted low income housing was challenged. The plaintiffs alleged that the consent requirement gave white suburbs the power to bar this construction resulting in limited low incoming housing offered in predominantly black areas. Plaintiffs proposed that a new agreement between the City of Cleveland and the Cuyahoga Metropolitan Housing Authority be reached that would better reflect low income housing needs. At trial, the court rejected the plaintiff's contentions and on remand, the court held that absent a rational basis, …

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Housing--Mobile Homes--Some Legal Questions, Mark Summers, Frederick D. Fahrenz, David C. Shepler Jun 1973

Housing--Mobile Homes--Some Legal Questions, Mark Summers, Frederick D. Fahrenz, David C. Shepler

West Virginia Law Review

Because of the increasing use of the mobile home as a form of housing, practitioners will be handling an ever-increasing number of cases dealing with the problems of the mobile home resident. The four major areas of investigation of mobile home law dealt with here are taxation, zoning, warranties, and fixtures. The purpose of the article is not to reveal any particular deficiencies in West Virginia's mobile home law, but rather to investigate and synthesize the law in a comprehensive review. While there are certain areas where the need for reform has been suggested, compiling the law as a research …

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Substandard Housing And The Cost Of Providing Housing-Related Services, David Podoff, Daniel A. Primont, Louis Esposito, Boston Urban Observatory, University Of Massachusetts Boston Jun 1973

Substandard Housing And The Cost Of Providing Housing-Related Services, David Podoff, Daniel A. Primont, Louis Esposito, Boston Urban Observatory, University Of Massachusetts Boston

Boston Urban Observatory Publications

Designed as a comparative undertaking by the National League of Cities (NLC) , this study is officially entitled "National Research Agenda Project No. 5: Substandard Housing and the Cost of Providing Housing-Related Services." A similar study was carried out by the urban observatories in Denver and Nashville. According to the study scope of services, the NLC was interested in the cost of "a wide variety of local government activities ... required to support and service urban housing," and how these costs "are affected by housing quality, housing location, age and type of structures. ..." It was also suggested that attention …

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Developments In Contemporary Landlord-Tenant Law: An Annotated Bibliography, Edward J. Ashton, David E. Brand, Richard K. Greenstein, Andrew M. Kaufman, Susan S. Lissitzn, John K. Ross, Jr. May 1973

Developments In Contemporary Landlord-Tenant Law: An Annotated Bibliography, Edward J. Ashton, David E. Brand, Richard K. Greenstein, Andrew M. Kaufman, Susan S. Lissitzn, John K. Ross, Jr.

Vanderbilt Law Review

The law changes. Sometimes the change is slow, perhaps agonizing,as in the case of labor law. Sometimes the change is swift and amicable as when a uniform code is universally accepted. But sometimes the law appears to stand still. Then, as society undergoes profound evolution,the law lurches and jerks about, trying to dispense justice with outmoded concepts in an alien context. If the legislatures fail to come to the rescue,it then devolves upon the courts to cut the traces and institute reforms. Such has been the case with the law of landlord and tenant. The massive changes that have been …

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Race, Housing, And The Government, Nancy E. Leblanc Apr 1973

Race, Housing, And The Government, Nancy E. Leblanc

Vanderbilt Law Review

The problem of race and housing is complicated and limited by several factors not present in other racially controversial areas. First,the limited supply of decent housing forces the exercise of some selection in allocating existing housing resources. Second, housing is relatively fixed in nature and has a long usable life. Third, housing constitutes part of a neighborhood or a community--a total fabric of living. Finally, because of the individual nature of most transactions of buying or renting--except when a suburban tract or a new apartment house is concerned--enforcing the laws prohibiting racial discrimination in housing is very difficult. Analyzing each …

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Book Review | Shelter And Subsidies: Who Benefits From Federal Housing Policies? By Henry J. Aaron (1972), Robert G. Schwemm Mar 1973

Book Review | Shelter And Subsidies: Who Benefits From Federal Housing Policies? By Henry J. Aaron (1972), Robert G. Schwemm

Law Faculty Scholarly Articles

This book review examines Shelter and Subsidies: Who Benefits from Federal Housing Policies? by Henry J. Aaron (1972).

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Housing Investment In The Inner City. By Michael Stegman. Mit Press. Pp. Xi, 289., Daniel R. Mandelker Jan 1973

Housing Investment In The Inner City. By Michael Stegman. Mit Press. Pp. Xi, 289., Daniel R. Mandelker

Loyola University Chicago Law Journal

No abstract provided.

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The Interrelationship Between Excusionary Subdivision Control - A Second Look, Roger A. Cunningham Jan 1973

The Interrelationship Between Excusionary Subdivision Control - A Second Look, Roger A. Cunningham

University of Michigan Journal of Law Reform

The thesis of this article is that the conclusion set out above is both oversimplified and inaccurate. Contrary to the author's contention in his Journal article, there are "viable distinctions between zoning and subdivision control," and consequently the major exclusionary techniques available to suburban communities through "zoning" are simply not available in connection with "subdivision control." Dramatic attempts at racial exclusion through subdivision control are likely to be infrequent. Although subdivision regulations, like zoning ordinances and building codes, require expenditures by land developers which increase the cost of housing and thus tend to exclude the poor, the effect of subdivision …

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Judicial Review And Discrimination In Federally Assisted Housing: The Enforcement Of Title Vi, Barry M. Block Jan 1973

Judicial Review And Discrimination In Federally Assisted Housing: The Enforcement Of Title Vi, Barry M. Block

University of Michigan Journal of Law Reform

Section 602 of the Act was enacted to enable federal agencies to enforce this policy, and it authorizes them to issue rules and regulations which, while consistent with the objectives of the program authorizing the assistance, effectuate the provisions of Section 601. To enforce these regulations, an agency may terminate assistance to noncomplying programs, or use any other means authorized by law.

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Pointing The Way To Housing Quality, Alexander Cooper, Michael Kwartler, Charles Reiss Jan 1973

Pointing The Way To Housing Quality, Alexander Cooper, Michael Kwartler, Charles Reiss

Fordham Urban Law Journal

This article highlights the Urban Design Council's goals of promoting the highest economically feasible standard of quality in residential housing and seeking to stimulate beneficial development in cities. The article describes the current zoning plan in effect in New York City, proposes new approaches to improve housing quality by exploring the elements of "quality" and zoning as a means of achieving such quality housing.

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Constitutional Approaches To Metropolitan Planning, John W. Ragsdale Jr Jan 1973

Constitutional Approaches To Metropolitan Planning, John W. Ragsdale Jr

Faculty Works

No abstract provided.

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Exclusionary Zoning: A Wrong In Search Of A Remedy, Leonard S. Rubinowitz Jan 1973

Exclusionary Zoning: A Wrong In Search Of A Remedy, Leonard S. Rubinowitz

University of Michigan Journal of Law Reform

This article discusses affirmative approaches to providing effective relief in two types of exclusionary zoning cases: (1) remedies specific to a particular proposed development or a given site and (2) regional remedies, which provide a generalized framework for meeting what courts are increasingly identifying as a regional problem: the need for decent housing for all families. In the first instance (the "single-site" case) a court would remove obstacles in order to facilitate development of low- and moderate- income housing on a particular suburban site. In the second case (the regional approach) a court would specify the obligation of the municipalities …

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Modern Legislation, Metropolitan Court, Miniscule Results: A Study Of Detroit's Landlord-Tenant Court, Marilyn Miller Mosier, Richard A. Soble Jan 1973

Modern Legislation, Metropolitan Court, Miniscule Results: A Study Of Detroit's Landlord-Tenant Court, Marilyn Miller Mosier, Richard A. Soble

University of Michigan Journal of Law Reform

This article is a description of a study of cases filed and tried in the Detroit, Michigan, Common Pleas Court, Landlord-Tenant Division, during 1970 and 1971. The court is in a large urban center and handles a high volume of cases, in most of which one or both parties appear without an attorney. The impetus for the study was Michigan legislation passed in 1968, which gave tenants additional defenses to summary eviction procedures. The main goal of the study was to observe the effects of the legislation on tenants who were subject to summary proceedings in Detroit. The purpose of …

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Exclusionary Zoning Practices: An Examination Of The Current Controversy, W. Harold Bigham, C. Dent Bostick Nov 1972

Exclusionary Zoning Practices: An Examination Of The Current Controversy, W. Harold Bigham, C. Dent Bostick

Vanderbilt Law Review

For the last 45 years the idea that local zoning administration is a highly desirable exercise of the state police power has become progressively more entrenched in urban thinking and planning. Although opponents of zoning have quarreled with details of administration or decried the failure of the Supreme Court to continuously oversee implementation of the zoning concept, they have assumed basic Euclidian zoning theory' to be beyond serious challenge. This assumption is no longer valid, for classic municipal zoning is on the firing line and its survival is by no means certain.

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Landlord-Tenant—Exculpatory Clauses: Exculpation Contrary To Public Policy When It Totally Relieves A Landlord From The Duty To Maintain Common Areas—Mccutcheon V. United Homes Corp., 79 Wn.2d 443, 486 P.2d 1093 (1971, Anon Aug 1972

Landlord-Tenant—Exculpatory Clauses: Exculpation Contrary To Public Policy When It Totally Relieves A Landlord From The Duty To Maintain Common Areas—Mccutcheon V. United Homes Corp., 79 Wn.2d 443, 486 P.2d 1093 (1971, Anon

Washington Law Review

In separate accidents, plaintiffs were injured when they fell due to the defective conditions of the stairways outside their apartments. Both plaintiffs had signed a form lease with the defendant landlord which contained a broadly worded exculpatory clause. The trial court granted the defendant's request for summary judgment on the ground that the exculpatory clause precluded plaintiffs' suit, and the Washington Court of Appeals affirmed. The Washington Supreme Court reversed and remanded the case for trial. Held: An exculpatory clause in a lease of residential housing within a multi-unit apartment complex which totally relieves a landlord from his affirmative duty …

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Special Project - Nashville Model Cities: A Case Study, Richard W. Creswell, Alan Gates, Paul M. Kurtz, Paul R. Regendorf, Samuel W. Bartholomew, Jr., Richard K. Greenstein May 1972

Special Project - Nashville Model Cities: A Case Study, Richard W. Creswell, Alan Gates, Paul M. Kurtz, Paul R. Regendorf, Samuel W. Bartholomew, Jr., Richard K. Greenstein

Vanderbilt Law Review

The future of the Model Cities program in Nashville is difficult to predict. As of this writing, the program is approaching the end of the first of five action years. The suit filed by the CCC in April 1971, is,more than a year later, still pending. It is, of course, possible that the program may eventually prove successful, but such a result is unlikely. Even if the CCC is replaced as the official citizen participation structure for the program, the ideological constituency from which the group derives its strength will remain. Furthermore, as the CDA continues to build an ad …

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Lots For Sale - Discrimination In Site Selection, Henri Norris Apr 1972

Lots For Sale - Discrimination In Site Selection, Henri Norris

North Carolina Central Law Review

No abstract provided.

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Cooperative Apartments And The Ucc Mar 1972

Cooperative Apartments And The Ucc

Washington and Lee Law Review

No abstract provided.

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Landlord-Tenant - The Breach Of An Implied Warranty Of Habitability In The Lease Of A Multiple Unit Residence Is A Defense To A Forcible Entry And Detainer Action, James Edward Hussey Jan 1972

Landlord-Tenant - The Breach Of An Implied Warranty Of Habitability In The Lease Of A Multiple Unit Residence Is A Defense To A Forcible Entry And Detainer Action, James Edward Hussey

Loyola University Chicago Law Journal

No abstract provided.

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Tenant Remedies For A Denial Of Essential Services And For Harassment -The New York Approach Jan 1972

Tenant Remedies For A Denial Of Essential Services And For Harassment -The New York Approach

Fordham Urban Law Journal

The New York Legislature has enacted a series of statutory remedies intended to afford tenants protection when a landlord fails to provide adequate services. The Legislature has been faced, however, with the problem of finding a proper balance between the property rights of the landlord and the human rights of the tenant. As a result, each of these remedies has severe shortcomings which render its operation difficult and at times virtually impossible.

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Comment: Consumerism’S Forgotten Man Jan 1972

Comment: Consumerism’S Forgotten Man

Fordham Urban Law Journal

This comment will analyze the Home Solicitation Sales Act in terms of the special needs of the low income consumer and will suggest an additional statutory approach to protect consumers of lower economic strata.

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Strategies For Metropolitan Stabilization, John W. Ragsdale Jr, Thomas Clark Jan 1972

Strategies For Metropolitan Stabilization, John W. Ragsdale Jr, Thomas Clark

Faculty Works

No abstract provided.

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The Proposed Housing Consolidation And Simplification Act Of 1971, William A. Newman Jan 1972

The Proposed Housing Consolidation And Simplification Act Of 1971, William A. Newman

University of Michigan Journal of Law Reform

This note will describe the operation of selected housing programs and suggest some of the difficulties posed by the current statutory bases for these programs. It will then evaluate the effectiveness of the modifications contained in the proposed bill.

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Housing - Virginia Attacks Blockbusting Jan 1972

Housing - Virginia Attacks Blockbusting

University of Richmond Law Review

Discrimination in housing along racial, religious, ethnic, and class lines has long been a problem in the United States. The most widespread methods of housing discrimination have included preferential advertising, soliciting, and showings in housing sales and rentals. In recent years another type of discriminatory scheme, commonly referred to as blockbusting,' has surfaced. Blockbusting has been defined as "the practice of inducing owners of property to sell because of the actual or rumored advent into the neighborhood of a member of a racial, religious or ethnic group." Typically, the blockbuster preys upon the fears and prejudices of white property owners …

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