Housing Law Commons^™

Equity In Substantial Evidence, Or Using Article 78 Judicial Review To Achieve Justice For Public Housing Occupants, Janelle Greene

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Holding Deposit Agreements: Pre-Tenancy Obligations And Rights, Samuel Beswick

All Faculty Publications

There is confusion in the rental market over the legal significance of holding deposits, which are routinely paid by prospective tenants prior to signing a lease document. The purpose of this article is to clarify the legal position of holding deposit agreements (HDAs) entered into in the pre-tenancy period. In particular, to emphasise that, in the usual course:

• The agreement to, and payment of, a holding deposit creates a binding contract between the prospective tenant and the landlord. • A HDA is a conditional contract, which grants the applicant both the right and obligation to enter into the proposed …

Arrests As Regulation, Eisha Jain

Georgetown Law Faculty Publications and Other Works

For some arrested individuals, the most important consequences of their arrest arise outside the criminal justice system. Arrests alone—regardless of whether they result in conviction—can lead to a range of consequences, including deportation, eviction, license suspension, custody disruption, or adverse employment actions. But even as courts, scholars, and others have drawn needed attention to the civil consequences of criminal convictions, they have paid relatively little attention to the consequences of arrests in their own right. This article aims to fill that gap by providing an account of how arrests are systemically used outside the criminal justice system. Noncriminal justice actors …

Community Lawyering: Introductory Thoughts On Theory And Practice, Michael R. Diamond

Georgetown Law Faculty Publications and Other Works

There are several fundamental questions that one might ask in seeking the meaning of the term "community lawyer." Albeit somewhat theoretical, the most basic questions involve delving into exactly what is meant by the term "community." For what, exactly, is the community-lawyer lawyering? Further, once a client has been identified, questions will arise about how the lawyer should relate to that client and about the role the lawyer ought to play in assisting the client to achieve its goals. There is a long and rich literature concerning the latter question but a fairly sparse body of legal writing on the …

American Dreams, American Realities, Michael Lewyn

Scholarly Works

Review of Zoned In The USA, by Sonia Hirt.

Precipice Regulations And Perverse Incentives: Comparing Historic Preservation Designation And Endangered Species Listing, J. Peter Byrne

Georgetown Law Faculty Publications and Other Works

The insight upon which this article is built is that the common structures of these two legal regimes create incentives toward destroying the resources they seek to protect. The shift from legal freedom to exploit resources to strict limitation on property modification and the lengthy and public process to designate or list specific resources for protection provide the motive and the opportunity to legally frustrate the application of the statutes. This article seeks to understand how these perverse incentives are created and how they can be lessened. The procedural and substantive provisions of both legal regimes have evolved to reduce …

The Politics Of Chinese Land: Partial Reform, Vested Interests And Small Property, Shitong Qiao

Faculty Scholarship

This paper investigates the evolution of the Chinese land regime in the past three decades and focus on one question: why has the land use reform succeeded in the urban area, but not in the rural area? Through asking this question, it presents a holistic view of Chinese land reform, rather than the conventional "rural land rights conflict" picture. This paper argues that the so­called rural land problem is the consequence of China's partial land use reform. In 1988, the Chinese government chose to conduct land use reform sequentially: first urban and then rural. It was a pragmatic move because …

Rescission Under The Truth In Lending Act: Borrowers Should Be Required To File Suit Within Three Years, Michael F. Green Jr.

Georgia Law Review

During the Financial Crisis of 2008 and the Great Recession that followed, homeowner defaults and foreclosures increased dramatically. These homeowners facing foreclosure had few options to obtain relief and little leverage to negotiate with their lenders. One of the few places they could turn was to the Truth in Lending Act (TILA), which provides that consumers can rescind certain home loans for up to three years after loan closing if the lender failed to make certain material disclosures to the consumer prior to closing. In the wake of the Financial Crisis, a circuit split emerged regarding this three-year temporal limitation. …

Supreme Court, New York County, Robinson V. Finkel, Denise Shanley

Touro Law Review

No abstract provided.

How Are Local Governments Responding To Student Rental Problems In University Towns In The United States, Canada, And England?, Jack S. Frierson

Georgia Journal of International & Comparative Law

No abstract provided.

American Dream In Flux: The Endangered Right To Lease A Home, Andrea Boyack

Faculty Publications

Homeownership in the US is on the decline and the percentage of the population that rents their residence is growing. Renters present a distinct demographic compared to owners, and most of the more vulnerable segments of society rent their homes. But the law prohibits renting a home in some neighborhoods. Occasionally, zoning provisions hamper the ability of would-be tenants and would-be landlords to rent. More typically, however, community restrictive covenants are what block rentals. Zoning prohibitions on rentals have been attacked as violations of property rights. But in condominiums and other privately governed neighborhoods, segregation of renters from owner occupants …

What America Can Learn From Canada's Progressive Decision In Commercial General Liability Policy Coverage Litigation Over Construction Defects, Qifu Li

Cardozo Journal of International and Comparative Law

The note advocates for a more consistent approach in the United States for determining Commercial General Liability (CGL) insurance coverage of construction defects, drawing inspiration from Canada's jurisprudence. It critiques the current jurisdictional split in the U.S., where some states cover such defects while others do not, and argues that adopting a uniform approach similar to Canada's three-step framework would reduce legal disputes and align policies with the reasonable expectations of insured parties.

A Tightrope Over Both Your Houses: Ensuring Party Participation And Preserving Mediation's Core Values In Foreclosure Mediation, Heather Scheiwe Kulp

Pepperdine Dispute Resolution Law Journal

The article focuses on the laws made for regulating the party's participation in preserving the principles of mediation for the resolution of disputes related to the foreclosure crisis. Topics discussed include the impact of the foreclosure crisis on the housing and domestic markets, the impact of foreclosures on the sales and price value of the houses and the impact of the foreclosure crisis on the economic conditions of the local communities.

Dwelling Together: Using Cooperative Housing To Abate The Affordable Housing Shortage In Canada And The United States, Jennifer Cohoon Mcscotts

Georgia Journal of International & Comparative Law

No abstract provided.

A Comparative Analysis Of Unconscious And Institutional Discrimination In The United States And Britain, Leland Ware

Georgia Journal of International & Comparative Law

No abstract provided.

Summary Of Wood V. Germann, 130 Nev. Adv. Op. 58, Ryan Becklean

Nevada Supreme Court Summaries

The Court determined one issue: (1) the legal effect of a loan assignment from a homeowner’s original lender to a subsequent purchaser when that assignment violates the terms of the original lender and subsequent purchaser’s Pooling and Servicing Agreement (PSA). More specifically, the court decided whether a loan assignment that is executed after the closing date renders the assignment void and ineffective to transfer ownership of the homeowner’s loan.

The Threat To Interest-Free Home Financing: The Problem Of State Governments' Prohibition Of Islamic-Compliant Financing Agreements, Matt Anderson

Hamline Law Review

abstract

A Layperson's Guide To Fair Housing Law (2014), F. Willis Caruso, Michael P. Seng, Allison Bethel, John Marshall Law School Fair Housing Legal Support Center

Faculty White Papers

Housing discrimination can take many forms. Laws have been passed at the federal, state, and local levels to prohibit housing discrimination, and attorneys and many fair housing groups are working to eradicate the problem. But the solution to the fair housing problem will not come solely through the work of attorneys and fair housing agencies and organizations; it will also have to come from an educated public that is unwilling to tolerate the cost of housing discrimination. Housing discrimination affects every individual in the United States. Realtors and brokers, bankers and mortgage lenders, insurance companies and developers, real estate buyers …

Discriminatory Maintenance Of Reo Properties As A Violation Of The Federal Fair Housing Act, Stephen M. Dane, Tara Ramchandani, Anne P. Bellows

City University of New York Law Review

No abstract provided.

A Home With Dignity: Domestic Violence And Property Rights, Margaret E. Johnson

BYU Law Review

This Article argues that the legal system should do more to address intimate partner violence and each party’s need for a home for several reasons. First, domestic violence is a leading cause of individual and family homelessness. Second, the struggle over rights to a shared home can increase the violence to which the woman is subjected. And third, a woman who decides to continue to live with the person who abused her receives little or no legal support, despite the evidence that this decision could most effectively reduce the violence. The legal system’s current failings result from its limited goals—achieving …