Housing Law Commons^™

Easing Evictions: The Need For Mediation And Formal Eviction Guidelines Between New York City Landlords And Rent-Stabilized Tenants, Halle Jaffe

Cardozo Journal of Conflict Resolution

No abstract provided.

Corporate Governance And Gender Equality: A Study Of Comply-Or-Explain Disclosure Regulation, Aaron A. Dhir, Sarah Kaplan, Maria Arabella Robles

Seattle University Law Review

In 2020, the Nasdaq Stock Market filed a proposal with the U.S. Securities and Exchange Commission seeking permission to adopt a board diversity-related disclosure requirement for its listed companies. In 2021, the SEC approved the proposal, thus entrenching Nasdaq’s position as the most significant stock exchange to date to mandate listing rules that reflect the intention of diversifying corporate boardrooms. Nasdaq’s movement into the diversity space is not the first attempt to address homogeneous boards in the U.S. In 2009, the SEC adopted a rule requiring publicly traded firms to report on whether they consider diversity in identifying director nominees. …

Judicial Ethics And The Eradication Of Racism, Dontay Proctor-Mills

Seattle University Law Review

In 2020, the Washington Supreme Court entrusted the legal community with working to eradicate racism from its legal system. Soon after, Washington’s Commission on Judicial Conduct (hereinafter the Commission) received a complaint about a bus ad for North Seattle College featuring King County Superior Court Judge David Keenan. Along with a photo of Judge Keenan’s face, the ad included the following language: “A Superior Court Judge, David Keenan got into law in part to advocate for marginalized communities. David’s changing the world. He started at North.” The Commission admonished Judge Keenan for violating the Code of Judicial Conduct, in part …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

Why Corporate Boards Should Include Lgbtq+ People, Jeremy Mcclane, Darren Rosenblum

Seattle University Law Review

Corporate boardrooms sit at the heart of most of society’s most consequential decisions but fall far short of the diversity of our society. The current movement toward board diversification aims to remedy the underrepresentation of marginalized groups on corporate boards. More recently, some efforts have included LGBTQ+ people, even though the basis for their inclusion on corporate boards remains largely unstated. This Article examines both the normative and instrumental bases for LGBTQ+ inclusion in board diversity initiatives, articulating unspoken assumptions and linking LGBTQ+ people to the broader inclusion effort. In so doing, it begins to surface the unique issues LGBTQ+ …

Unequal Homes, Unequal Health: Applying The Loss Of Chance Doctrine To Landlord-Tenant Cases, Delaram Takyar

Publications

Low-income families and families of color in the U.S. are disproportionately likely to live in homes that are negligently maintained by landlords, with significant implications for their physical health. Despite suffering harm, tenants often cannot seek legal relief without ruling out all possible alternate causes of their injuries. For example, if a tenant develops asthma after being exposed to black mold in her home and can show that her landlord had knowingly refused to remediate the mold, the tenant would still be barred from relief if she were genetically predisposed to developing asthma or could have also been exposed to …

Women, International Human Rights Law, And The Right To Adequate Housing In Africa, John Mukum Mbaku

Emory International Law Review

In many African countries, the rights of women and girls to adequate housing are under threat and remain vulnerable to violation by state- and non-state actors. This is so even though these rights are guaranteed by international human rights instruments and national constitutions. Of particular note is the existence of customary laws that discriminate against women and frustrate their ability to realize the right to adequate housing. To enhance the ability of women to realize their right to adequate housing, each African State must domesticate the various international and regional human rights instruments that guarantee this right in order to …

Corporate Consolidation Of Rental Housing & The Case For National Rent Stabilization, Brandon Weiss

Scholarly Articles in Law Reviews & Journals

Rental housing in the United States is increasingly owned by corporate landlords that operate under a different set of incentives, behind a level of anonymity previously unavailable, and pursuant to practices that often exacerbate an already precarious housing landscape for tenants. Marketsensitive and nuanced rent stabilization laws have reemerged at the state and local level as a viable policy option to help regulate escalating rents and prevent tenant displacement. These laws, when well drafted, can address outdated critiques of strict rent caps and can complement alternative approaches, like those of the politically popular Yes In My Backyard (YIMBY) movement, which …

Breaking Free From "Crime-Free": State-Level Responses To Harmful Housing Ordinances, Jenna Prochaska

Lewis & Clark Law Review

Municipalities throughout the country enforce broad and harmful crime-free housing and nuisance property ordinances (CFNOs)—local laws that encourage landlords to evict or exclude tenants from housing opportunities based on their contact with the criminal legal system or calls for police help. There is little evidence that CFNOs are effective at achieving their stated goal of increasing community safety, and there is significant evidence that they harm Black and Latinx communities, survivors of domestic violence, individuals with disabilities, and low-income tenants and communities more broadly. Despite more than a decade of legal advocacy successfully challenging CFNOs using a range of legal …

Using Youtube To Explain Housing, Michael Lewyn

Scholarly Works

In 2021, the author ran for Borough President of Manhattan, New York. The author tried to his scholarship into his campaign by producing over twenty Youtube videos, most of which addressed land use and housing policy. The article describes the videos, and evaluates their usefulness.

Liability Rule Practices Amidst The Property Rule Of Indonesian Capital Market, Adiwarman Adiwarman

Indonesia Law Review

Shareholder protection is the most important legal issue in capital market law. Conflict of interest is one of the corporate actions in the capital market. The property rule requires independent shareholders’ approval for conflicts of interest transactions. The property rule paradigm empowers independent shareholders in the company’s decision-making process. In practice, listed companies violate the property rule and are subject to sanctions, but the rights of shareholders will be reduced due to fines imposed by the capital market authorities. A normative method is used to answer the problem of how does Indonesia enforce the conflict of interest rule in order …

Who’S The Fairest Of Them All: Circuit Split Over Landlord Liability For Tenant-On-Tenant Discrimination Under The Fair Housing Act, Kelli Conway

Brooklyn Law Review

This note explores a circuit split between the Second and Seventh Circuits regarding whether landlords and property owners can be held liable for postacquisition, tenant-on-tenant discrimination. This issue is one of first impression in recent years, resulting in divergent holdings. To address conflicting judicial approaches to an increasingly prevalent civil claim, this note argues for the necessity of a Congressional amendment to the Fair Housing Act (FHA), the law which generally governs housing discrimination. Specifically, the proposed amendment would recognize postacquisition discrimination as an actionable claim and append a test to the FHA for postacquisition liability as employed by the …

Landlord Liability For Tenant-On-Tenant Harassment Under The Fair Housing Act, Mary Karapogosian

Cardozo Law Review

No abstract provided.

Justice For All: Demanding Accessibility For Underrepresented Communities In The Law: A Roger Williams University Law Review, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

The Failed Federalism Of Affordable Housing: Why States Don't Use Housing Vouchers, Noah M. Kazis

Michigan Law Review

This Article uncovers a critical disjuncture in our system of providing affordable rental housing. At the federal level, the oldest, fiercest debate in low-income housing policy is between project-based and tenant-based subsidies: should the government help build new affordable housing projects or help renters afford homes on the private market? But at the state and local levels, it is as if this debate never took place.

The federal government (following most experts) employs both strategies, embracing tenant-based assistance as more cost-effective and offering tenants greater choice and mobility. But this Article shows that state and local housing voucher programs are …

Cle Working Paper No. 3/2022--What Is The Test For Interlocutory Injunctions Affecting Homeless Encampments? A Critique Of Vancouver Fraser Port Authority V Brett And Associated Case Law, Stepan Wood

Centre for Law and the Environment

Vancouver Fraser Port Authority v Brett (VFPA v Brett), decided in 2020, marked a new low in judicial responses to the intersecting crises of housing, homelessness, poverty, toxic drugs, mental health, racism and colonialism. By dropping to the ground the already low bar for granting interlocutory injunctions to evict homeless encampments from publicly owned land i n BC, this decision invites a critical assessment of BC courts’ approach to homeless encampment injunctions. In this paper I present the first comprehensive survey of 21st century BC homeless encampment interlocutory injunction applications, which shows that they have an extremely high …

Checking Out Indefinitely: Supporting Survivors Of Sex Trafficking Alongside Training And Education For Lodging Employees, Alyssa M. Grzesiak

William & Mary Journal of Race, Gender, and Social Justice

There are roughly five million victims of sex trafficking in the United States. Over the course of a decade, over 3,500 instances of human trafficking involved a hotel or motel. Traffickers are relying on unaware lodging establishment employees, as well as complicit employees and managers, to successfully carry out their crimes. Despite the vital role the lodging industry plays in human trafficking, only seven states have implemented mandatory training for hotel and motel employees. This Note posits that the implementation of mandatory training and education programs for employees of lodging establishments could increase awareness and responsiveness to human trafficking, thus …

“Pigs In The Parlor”: The Legacy Of Racial Zoning And The Challenge Of Affirmatively Furthering Fair Housing In The South, Jade A. Craig

MC Law Review

The Fair Housing Act of 1968 includes a provision that requires that the Secretary of Housing and Urban Development (HUD) administer the policies within the Act to “affirmatively further” fair housing. Scholars have largely derived their analysis from studying large urban areas and struggles to integrate the suburbs. The literature, however, has not focused on the impact of zoning and discriminatory land use policies within and around low-income rural and small communities or specifically in the southeastern United States. Scholars have also insufficiently considered the implications of these policies on the duty to “affirmatively further” fair housing.

Racial zoning was …

White Picket Fences & Suburban Gatekeeping: How Long Island’S Land Use Laws Cement Its Status As One Of The Most Segregated Places In America, Jessica Mingrino

St. John's Law Review

(Excerpt)

The average wealth of Black families is one-seventh that of white families in the United States today. Homeownership—the primary avenue through which Americans accumulate personal and generational wealth—is the leading driver of the wealth disparity between white and Black American families, known as the “racial wealth gap.” The systematic and intentional exclusion of Black people from developing communities during the twentieth century largely excluded people of color from the housing boom and denied them the opportunity afforded to white people to multiply their assets. Contrary to widespread belief, however, legislation-backed oppression of Black Americans did not end in the …

Sexual Orientation, Gender Identity, And Homelessness Post-Bostock, Alaina Richert

University of Michigan Journal of Law Reform

Housing discrimination on the basis of sexual orientation and gender identity is a critical problem facing LGBTQ+ people in the United States. In addition, LGBTQ+ people, particularly transgender people, disproportionately suffer from homelessness and face discrimination by homeless shelters on the basis of sexual orientation and gender identity. This homelessness and discrimination both disproportionately affect transgender people of color. This Note makes two contributions that would enable courts to grant meaningful relief in these contexts. First, it argues that “sex” in the Fair Housing Act includes sexual orientation and gender identity after the holding in Bostock v. Clayton County. Second, …