Housing Law Commons^™

Reframing Housing: Incorporating Public Law Principles Into Private Law, Kristen Barnes

College of Law - Faculty Scholarship

A new public-private law paradigm is developing with respect to the relationship of the state to private contracts. The paradigm melds private law concepts like unconscionability, good faith, and fair dealing with the public human rights principles of dignity and vulnerability. I trace this paradigm shift in the context of the housing law of Spain, where several rich cultural and legal resources have inspired a new sensibility with regard to residential mortgage loan contracts, rental agreements, and the overall duties and obligations of governments to address the citizenry's housing needs. Although this reorientation reflects decisions from the European Court of …

Disabling Fascism: A Struggle For The Last Laugh In Trump’S America, Madeleine M. Plasencia

Articles

Six years before the start of the Second World War and seven months after Hitler’s appointment as Chancellor of Germany, the German government instituted the “Law for the Prevention of Progeny with Hereditary Diseases.” The moral depravity that started as a sterilization program targeting “useless eaters” and lives “unworthy of life” degenerated into a “euthanasia” program that murdered at least 250,000 people with mental and physical dis/abilities as an “open secret” until 1941, when the Bishop of Munster, Clemens August Count von Galen, delivered a sermon protesting the killing of “unproductive people.”2 Although the Trump Administration has not yet driven …

In Memory Of Professor James E. Bond, Janet Ainsworth

Seattle University Law Review

Janet Ainsworth, Professor of Law at Seattle University School of Law: In Memory of Professor James E. Bond.

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

Disrupting The Eviction Crisis With Conflict Resolution Strategies, Deborah Thompson Eisenberg, Noam Ebner

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.

“Everybody Loves The Landlord”: Evictions & The Coming Prevention Revolution, Brian G. Gilmore

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.

Not With Strong Hands, Nor With A Multitude Of People: The Statutory History Of The Eviction Procedure In Minnesota, Paul Birnberg, Samuel Spaid

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.

Justice Served, Housing Preserved: The Ramsey County Housing Court Model, Colleen Ebinger, Elizabeth Clysdale

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.

Mediating Disputes That Divide Communities: What Constitutes “Success”?, Joseph B. Stulberg

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.

How Mobile Homes Correlate With Per Capita Income, Randall K. Johnson

Faculty Works

This study looks at the nature of the relationship between the number of state-regulated mobile homes and per capita income, so as to determine whether higher-income parts of Illinois have more mobile homes than would be predicted by the conventional wisdom. It does so by identifying a simple way to determine the nature of any relationship between mobile homes and per capita income, which the conventional wisdom assumes to be negative, if only at the county level in Illinois. The study, specifically, collects and analyzes mobile home data from Illinois and per capita income data from the U.S. Census. After …

A Source Of Hope: Looking To Massachusetts’S Fair Housing Law As A Guide For Rhode Island’S Proposed Legislation To Protect Public Assistance Recipients From Housing Discrimination, Sarah Friedman

Roger Williams University Law Review

No abstract provided.

Families Belong Together: The Path To Family Sanctity In Public Housing, Mckayla Stokes

Northwestern Journal of Law & Social Policy

In its 2015 landmark civil rights decision in Obergefell v. Hodges, the Supreme Court finally held that the Equal Protection and Due Process Clauses of the United States Constitution guarantee same-sex couples’ marital equality. The Court’s unprecedented declaration that the right to marry is a fundamental right under the Due Process Clause strengthened married couples’ right to privacy because it subjects government actions infringing on marital unions to heightened scrutiny. The Supreme Court has the option to minimize the impact of Obergefell by interpreting the right to marriage very narrowly—as only encompassing the right to enter into a state-recognized union …

Inclusive Economics And Home Loan Policies For Informal Workers, Kim Vu-Dinh

Faculty Scholarship

The United States has been suffering from a housing crisis that existed long before the proliferation of sub-prime loans and the Great Recession of 2008-2009. For decades, millions of gainfully employed workers have been institutionally excluded from homeownership, simply because they work in the informal economy. Because of this, the economic growth of households in this demographic has been stymied by discriminatory banking policies that heavily prioritize short-term profit maximization over borrower reliability, or loan viability. Many of those affected are historically disenfranchised people, who systematically have been excluded from the American dream of “a chicken in every pot and …

Zoning For Families, Sara C. Bronin

Cornell Law Faculty Publications

Is a group of eight unrelated adults and three children living together and sharing meals, household expenses, and responsibilities—and holding themselves out to the world to have long-term commitments to each other—a family? Not according to most zoning codes—including that of Hartford, Connecticut, where the preceding scenario presented itself a few years ago. Zoning, which is the local regulation of land use, almost always defines family, limiting those who may live in a dwelling unit to those who satisfy the zoning code’s definition. Often times, this definition is drafted in a way that excludes many modern living arrangements and preferences. …

Reflections On Moving Toward Integration And Modern Exclusionary-Zoning Cases Under The Fair Housing Act, Robert G. Schwemm

Law Faculty Scholarly Articles

This Article has two parts: Part I presents my views on Moving Toward Integration [Richard H. Sander et al., Moving Toward Integration: The Past and Future of Fair Housing (2018)], and Part II examines one of the book’s policy recommendations for furthering residential integration—exclusionary zoning litigation—along with some of the roadblocks to this and other pro-integration efforts erected by the Trump Administration.

Is Airbnb Polluting The Big Apple? The Impact Of Regulating The Short-Term Rental Service In New York City, Kayla Laskin

Journal of Civil Rights and Economic Development

(Excerpt)

Imagine your boss calls you into his office on a Monday morning. You think you are going to chat about the weekly agenda ahead; however, you notice the sullen look on your boss’s face. You immediately become nervous and think that no good news could possibly come from this meeting. You begin to glance over his desk and notice printouts for unemployment counseling and job listings in the area. Sheer panic begins to spread throughout your body, and then your boss states, “I’m sorry, we’re going to have to let you go.” Your stomach drops to the floor. Your …

Affh And The Challenge Of Reparations In The Administrative State, Olatunde C.A. Johnson

Faculty Scholarship

America’s summer of racial reckoning has led to increased attention on proposals to provide reparations to Black Americans.

Reparations discussions typically concern securing compensation for slavery. The racial harm caused by the administrative state is generally less of a focus, even though racial exclusions and discrimination in 20th-century administrative programs helped shape contemporary disparities in housing, wealth, and opportunity that endure today. A provision of federal housing law provides a window into the roots of racial harm enacted through administrative state programs, as well as the limits of administrative law as a tool for repairing this harm.

Comments To Hud Re: Fr-6111-P-02, Hud’S Implementation Of The Fair Housing Act’S Disparate Impact Standard, Lauren E. Willis, Olatunde C.A. Johnson, Mark Niles, Rigel Christine Oliveri

Faculty Scholarship

In key places, HUD’s 2019 proposed "Implementation of the Fair Housing Act’s Disparate Impact Standard" is at odds with express provisions of the Fair Housing Act (FHA) and goes so far as to invent new defenses to liability for housing discrimination and to place the burden of pleading and proving the nonexistence of some of these defenses on plaintiffs. In addition, the proposed rule addresses itself to matters beyond the FHA; specifically, to evidentiary and procedural issues as they may arise in cases brought under the FHA in federal or state courts. HUD provides no reasoned justification for these changes …

A Home Is A Good Thing: An Argument For Changing The Eviction Process, Samuel Spaid

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.

A Framework For Effective And Strategic Eviction Prevention, Maya Brennan

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.