Housing Law Commons^™

Coming Of Age On $2 A Day, Evicted: What Ced Has To Say To Today's Untethered Poverty, Susan Bennett

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Can The Government Deport Immigrants Using Information It Encouraged Them To Provide?, Amanda Frost

Scholarly Articles in Law Reviews & Journals

This Essay describes the legal and policy issues raised by any systematic effort to deport unauthorized immigrants based on information the government invited them to provide. Part I briefly surveys some of the major laws, regulations, and programs that encourage unauthorized immigrants to identify themselves. Part II analyzes the strengths and weaknesses of the statutory and constitutional arguments that immigrants could raise as a defense against deportations based on self-reported data. Part III explains that even if the government’s systematic use of such data to deport unauthorized immigrants is legal, doing so would be a poor policy choice for any …

Narrowly-Tailored Privatization, Brandon Weiss

Scholarly Articles in Law Reviews & Journals

Affordable housing projects in the United States have served as an integral part, and often the backbone, of broader community economic development (CED) initiatives for as long as community development corporations (CDCs) have existed. As the field of CED evolves, and critical thinking about the role of law and lawyers within it continues to develop, it is important that this thinking include a rigorous reevaluation of how affordable housing strategies can best support the broader aims of CED. Evidence from eighty years of significant federal policy intervention in affordable housing, fifty years of experimentation by CDCs, and thirty years of …

Reframing Homelessness In Vermont: A Systemic Approach To Homelessness Policy Advocacy In Windham County Vermont, Scott Sharland

Capstone Collection

The Changeworks Committee of the Groundworks Collaborative was created in 2014 to implement advocacy that would build public support for long-term policy changes addressing the root causes of homelessness in Windham County Vermont. This research focused on the work of this committee, and posed the question: How does reframing homelessness as a systemic issue instead of an individual issue impact the public perception of the problem in Windham County, Vermont? I argue that reframing perceptions of homelessness as the result of systemic failure and not as a problem of individual choice is key to building public support for solutions. Additionally, …

Law School Clinic And Community Legal Services Providers Collaborate To Advance The Remedy Of Implied Warranty Of Habitability In Missouri, Karen Tokarz, Zachary Schmook

Publications

Missouri tenants have few defenses to uninhabitable housing conditions. In a statistical study conducted by the Washington University Civil Rights & Community Justice Clinic and the Metropolitan Saint Louis Equal Housing & Opportunity Council, which encompassed 6,369 landlord-tenant cases from the 2012 calendar year, only two cases (0.03%) resulted in a judgment in favor of the tenant, while 4,934 cases (77.5%) resulted in judgments in favor of the landlord, with the remaining cases being dismissed without a judgment. These findings suggest that unpresented low-income tenants seeking to raise defenses in rent and possession and eviction cases in the Missouri state …

Community Development Law, Economic Justice, And The Legal Academy, Peter R. Pitegoff

Faculty Publications

The evolution of community economic development (CED) over the past several decades has witnessed dramatic growth in scale and complexity. New approaches to development and related lawyering, and to philosophies underlying these approaches, challenge us to reimagine the framework of CED. From the early days of community development corporations to today’s sophisticated tools of finance and organization, this evolution reflects “why law matters” in pursuit of economic justice and opportunity. Change is visible in new approaches to enterprise development and novel grassroots initiatives that comprise a virtual “sharing economy,” as well as intensified advocacy around low-wage work and efforts to …

Moore Kinship: Foreword, R.A. Lenhardt, Clare Huntington

Faculty Scholarship

Forty years ago, Mrs. Inez Moore, a widowed black mother and grandmother of little means, secured a victory that likely seemed improbable to many. Without any money, but with the assistance of a team of dedicated Legal Aid attorneys, she took her lawsuit challenging an East Cleveland, Ohio, zoning ordinance that made it a crime for her to live with her grandson all the way to the U.S. Supreme Court and won. The ordinance permitted certain extended family configurations to reside together within the city’s limits, but it prohibited Inez’s family arrangement. Just by bringing her infant grandson John Jr., …

Ancillary Agreements In Real Estate Transactions, Andrew R. Berman, Barry Hines, Everett Ward

Other Publications

This article discusses certain ancillary but important documents in the context of two common real estate transactions: mortgage loan financings and acquisitions of income-producing real estate. In particular, the article analyzes current case law and drafting considerations relating to estoppel certificates, certified rent rolls and subordination, non-disturbance agreements (SNDAs). In addition, the article examines due diligence issues for the lender and buyer. Note: This article was co-authored with Barry Hines, Partner, Frost, Brown, Todd LLC and Everett Ward, Partner, Quarrels & Brady LLP and initially presented at the Spring Meeting of the American College of Real Estate Lawyers (ACREL).

Green Home Standards: Information And Incentives, James Smith

Scholarly Works

The “green building” movement began in the United States during the 1990s. In its early stages, reformers focused on minimizing adverse environmental impacts from major public, institutional, and commercial buildings. Private-sector organizations developed voluntary standards to promote green building practices, the most prominent being LEED (Leadership in Energy and Environmental Design). More recently, widespread interest in residential green building has developed. Several organizations having developed voluntary green home standards. A standard promulgated by the federal government, the Energy Star Certified Home, has achieved substantial market success during the past decade. This article describes and assesses the Energy Star Home and …

Evicted, Nicole P. Dyszlewski

Law Faculty Scholarship

No abstract provided.

No Place Like Home: Tenant Harassment And The Frailty Of Housing Court, Adam M. Shrier

Capstones

Residents across New York City—particularly those living in rent-stabilized or rent-controlled apartments—are subject to concerted, persistent harassment at the hands of landlords determined to replace them with higher-rent paying tenants or tenants who will remain compliant in response to the landlords’ negligence or illegal actions. Although tenant harassment is illegal in New York City, the laws and penalties of New York City Housing Court have proven to be an ineffective system for tenants and insufficient deterrent against landlords who stand to make significant financial gains from deregulating apartments and who often get slapped with little to no fines for their …

Rental Home Sweet Home: The Disparate Impact Solution For Renters Evicted From Residential Foreclosures, David Lurie

Northwestern University Law Review

At the end of the last decade, a drastic spike in residential foreclosures brought unprecedented attention to the damage that mass foreclosure often brings to primarily low-income, minority–majority communities. Much of this attention—in both the media and in the legal arena—has been devoted to homeowners disadvantaged by predatory loans and other unsavory practices. However, a recent body of scholarship has shown that the brunt of mass foreclosure often falls on renters, who often have little or no procedural protection from speedy and unexpected eviction from their homes, regardless of lease status or tenure. This Note argues that the Supreme Court’s …

Zoning’S Centennial: A Complete Account Of The Evolution Of Zoning Into A Robust System Of Land Use Law—1916-2016 (Part Iii), John R. Nolon

Elisabeth Haub School of Law Faculty Publications

In land use, there are two things that Americans dislike: one is sprawl, the other is density. This catch-22 can be resolved by mitigating those aspects of urban living associated with density: congestion, bulky buildings, sameness, design incongruities, unsafe streets, inefficiency, and the sense that neighborhoods are not livable and pleasant. These characteristics of density cut against sustainability. They define places that people want to leave as soon as they can. To reduce vehicle miles travelled and carbon emissions, as well as to prevent sprawl, we must create places of enduring value, located next to transit in walkable and sustainable …

Where Techs Rush In, Courts Should Fear To Tread: How Courts Should Respond To The Changing Economics Of Today, Melanie Defiore

Cardozo Law Review

No abstract provided.

Now Is The Time!: Challenging Resegregation And Displacement In The Age Of Hypergentrification, Bethany Y. Li

Fordham Law Review

Gentrification is reaching a tipping point of resegregating urban space in global cities like New York and San Francisco, often spurred by seemingly neutral government policies. The displacement resulting from gentrification forces low-income people from their homes into areas of concentrated poverty. Low-income communities consequently lose space, place, social capital, and cultural wealth that residents and small businesses have spent decades building up. This Article argues that communities at this tipping point must integrate litigation strategies directly aimed at stemming the adverse impacts of gentrification. Community organizing is integral to antidisplacement efforts, but litigation—and its injunctive powers—should play a larger …

A New American Dream For Detroit, Andrea Boyack

Faculty Publications

The problem of neighborhood deterioration is keenly visible in Detroit today, but Detroit’s housing struggles are not unique. Like most of America, the Detroit metropolitan area is racially fragmented, and minority neighborhoods are the most likely to be impoverished and failing. Detroit’s problems of housing abandonment and neighborhood decay are both caused and exacerbated by decades of housing segregation and inequality. The “American Dream” has always been one of equal opportunity, but there can be no equality of opportunity when there is such stark inequality among home environments. Detroit’s neighborhood decline is a symptom of the city’s population loss and …

Note: Anti-Discrimination Legislation In Housing

The Catholic Lawyer

No abstract provided.

Communities Of Opportunity: Pursuing A Housing Policy Agenda To Achieve Equity And Opportunity In The Face Of Post-Recession Challenges, Kalima Rose, Teddy Kỳ-Nam Miller

Trotter Review

Where we live directly impacts our ability to achieve our full potential. Access to good schools, quality jobs, reliable transportation, and healthy food is fundamental to achieving communities of opportunity. Unfortunately, communities of color, and urban black communities in particular, are disproportionately residing in neighborhoods locked out of opportunity, or disproportionately burdened by housing costs —spending over half of their income on housing. In 2015, PolicyLink undertook a research project to understand the changing post-recession housing landscape, to characterize the forces that were undermining housing security for communities of color, and to characterize the policy opportunities that could address the …

Introduction: The Gentrification Game, Barbara Lewis

Trotter Review

In real estate talk, there are only three things that matter, and they are location, location, location. The same is true in dispossession, which translates into the freeing up of location so that it can be possessed by others. Another term that has cropped up fairly recently, much in use in the crossover between the twentieth and twenty-first centuries, is gentrification, which has a benign face as well as one that is not so kindly, like the paired tragic and comic masks of classic drama.

In this issue of the Trotter Review, we explore gentrification and its alternate, dispossession, …

The Politics Of Race, Class, And Gentrification In The Atl, Keith Jennings

Trotter Review

Methodologically, the essay uses a multidisciplinary approach to examine gentrification from a race, class, and gender perspective. Within the essay a number of the dynamics directly associated with Atlanta’s political economy and the impact those dynamics are having on issues such as affordable housing, poverty, and Black employment and underemployment are analyzed. While not a central focus of the essay, the changes taking place outside of Atlanta in several counties, as a result of the push and pull effect in the metropolitan region, are briefly discussed.