Housing Law Commons^™

Sharing The Wealth, James J. Kelly Jr.

Journal Articles

This review of the textbook, "Community Economic Development Law" (Aspen 2013), written by Susan Bennett, Brenda Bratton Blom, Louise Howells and Deborah Kenn, appeared in the Vol. 22, No.1 issue of the Journal of Affordable Housing and Community Economic Development Law.

Kàn Bú Tài Dong: The Fair Housing Act, Language Discrimination, And Chinese Classifieds, R. Ian Forrest

Kentucky Law Journal

No abstract provided.

Marini V. Ireland: Protecting Low Income Renters By Judicial Shock Therapy, Richard H. Chused

Articles & Chapters

No abstract provided.

Land Use By, For, And Of The People: Problems With The Application Of Initiatives And Referenda To The Zoning Process, Nicolas M. Kublicki

Pepperdine Law Review

No abstract provided.

The New Progressive Property And The Low-Income Housing Conflict, Zachary Bray

BYU Law Review

The foundation of property law has been much debated in recent years, as several scholars have sought to provide a theoretical alternative to what they call the dominant, “law-and-economics” approach to property. In place of the law-and-economics approach, these scholars advance a new theoretical approach, which I call “the new progressive property.” At its core, this new approach favors rules thought to promote the collective well-being of the larger community while ensuring that relatively disadvantaged members of society have access to certain basic resources. This Article explores the boundaries and practical implications of the new progressive property. To do so, …

Condos, Cats, And Cc&Rs: Invasion Of The Castle Common, Armand Arabian

Pepperdine Law Review

No abstract provided.

Protected Petitioning Or Unlawful Retaliation? The Limits Of First Amendment Immunity For Lawsuits Under The Fair Housing Act, David K. Godschalk

Pepperdine Law Review

No abstract provided.

America’S Favorite Illiquid Investment: An Examination Of The Changing Social Perception Of Homeownership , Jeremiah J. Lee

The Journal of Business, Entrepreneurship & the Law

Purchasing a home is traditionally touted as one of the best investments an individual can make, but this advice may be simply too generic to be useful or applied too broadly to be good counsel. Social pressures encouraging homeownership in America have been fostered by decades of government programs. Modern uses of the family home as a financial investment, such as flipping homes or using a home equity line of credit to subsidize a higher standard of living, illustrate a perceptual shift in which many modern homeowners have come to consider the family home principally a tool for financial gain …

Home Games: Legal Issues Concerning The Displacement Of Property Owners At The Site Of Olympic Venues, Jessica Blumert

Cardozo Journal of International and Comparative Law

The Olympics, as the world's largest mega event, often lead to human rights violations, particularly regarding the right to adequate housing, as host cities displace residents and businesses. The International Olympic Committee (IOC) has the unique ability to address these issues by incorporating binding human rights protections into its contracts with host countries, yet it has failed to enforce such standards effectively. The article argues that the IOC should amend its Charter to include specific housing rights criteria, drawing on international law and precedents from the European Court of Human Rights (ECtHR), to ensure compliance and protect vulnerable populations.

Housing And Development Board Flats, Trust And Other Equitable Doctrines, Hang Wu Tang

Research Collection Yong Pung How School Of Law

Although 85% of the population of Singapore reside in Housing and Development Board (HDB) flats, this area of the law remains largely under investigated. A perennially contentious issue is the complex interplay between equitable doctrines and the Housing and Development Act. In this article, the author reviews the jurisprudence pertaining to express trust, resulting trust and common intention constructive trust and the HDB flat. This article will also examine the applicability of other equitable doctrines such as donatio mortis causa and proprietary estoppel in relation to the HDB flat. In particular, this article will explore the applicability of the common …

Affirmatively Furthering Fair Housing: The Search For Solutions That Are Just Right, John R. Nolon, Tiffany Zezula

Elisabeth Haub School of Law Faculty Publications

A federal False Claims Act action against Westchester County, New York launched a unique effort to explore whether zoning, subsidies, and advocacy could significantly Increase the percentage of minorities living in largely white communities. A Voluntary Cooperation Agreement entered into by Marin County, California raises a similar question. This article describes the legal background of the lawsuit brought against Westchester County, the Settlement Agreement that arose from it, and the attempt by Westchester County to carry out its obligations to affirmatively further fair housing. It traces the evolution of exclusionary zoning law in New York State courts, contrasts it to …

The Fallacy Behind The Inflated Flats - Will Standardizing Terms Make Residential-Market Prices In China Collapse?, Tsui Tat Chee

Brigham Young University International Law & Management Review

No abstract provided.

Can The Next Housing – And Financial Crisis Be Averted?, Singapore Management University

Perspectives@SMU

Global financial systems and economies are still far from recovering from the recent financial crisis triggered by the burst of the American housing bubble. Naturally, the investment community, the academia, and of course, the regulators would be keen to find out how to prevent history from repeating itself.

Rapid Re-Housing Of Families Experiencing Homelessness In Massachusetts: Maintaining Housing Stability, Tim H. Davis, Terry S. Lane

Center for Social Policy Publications

The American Recovery and Reinvestment Act of 2009 (“Recovery Act”) provided $1.5 billion for the Homelessness Prevention and Rapid Re-Housing Program (HPRP), a temporary program that addressed both homelessness prevention and rapid re-housing of families already experiencing homelessness. The U.S. Department of Housing and Urban Development (HUD) allocated $44.5 million, including $26.1 million to individual Massachusetts communities and $18.4 million to the Commonwealth of Massachusetts. Of its funds, the state allocated $8.3 million for rapid re-housing of families who were living in shelters or motels.

This report explores the experiences of 486 of these families who received rapid re-housing assistance …

Three Principles For Federal Housing Policy, David J. Reiss

Cornell Law Faculty Publications

Isolating first principles of housing policy helps identify what is intrinsic to that field. Once done, we can clearly analyze potential policy choices for housing specifically, as opposed to how they may contribute to some larger goal of social policy. Imposing some analytic structure here is of key importance because federal housing policy is a morass of programs and policies. This exercise should help to ensure that monies spent to increase the supply and quality of housing are used efficiently. I argue that the three first principles that inform federal housing policy are (i) allowing all Americans to live in …

Utah's New Extermination Orders, Patrick B.N. Solomon

Brigham Young University Journal of Public Law

No abstract provided.

The Past And Future Of Deinstitutionalization Litigation, Samuel R. Bagenstos

Law & Economics Working Papers

Two conflicting stories have consumed the academic debate regarding the impact of deinstitutionalization litigation. The first, which has risen almost to the level of conventional wisdom, is that deinstitutionalization was a disaster. The second story does not deny that the results of deinstitutionalization have in many cases been disappointing. But it challenges the suggestion that deinstitutionalization has uniformly been unsuccessful, as well as the causal link critics seek to draw with the growth of the homeless population. This dispute is not simply a matter of historical interest. The Supreme Court’s 1999 decision in Olmstead v. L.C., which held that unjustified …

Mortgage Wars Episode V - The Empiricist Strikes Back (Or Out): A Reply To Professor Levitin's Response , Mark S. Scarberry

Pepperdine Law Review

Professor Adam Levitin has responded to my recent symposium article critiquing proposed congressional legislation that would allow modification (including strip down) of home mortgages in Chapter 13 bankruptcy. A portion of my Critique criticized his empirical studies concerning the likely effect of the proposed legislation on mortgage interest rates and availability, and also criticized the arguments he has made in support of the proposed legislation. The Critique did note, however, that the insight involved in conceiving of such empirical studies was impressive. Surprisingly, Professor Levitin’s Response fails to deal with the substantial case authority discussed in my Critique. He treats …

Back To The Future With Chapter 13: A Response To Professor Scarberry, Adam J. Levitin

Pepperdine Law Review

Professor Mark Scarberry has put forth a formidable critique of my empirical study of mortgage market sensitivity to bankruptcy modification risk. As this response shows, however, his critique does not hold up under scrutiny. Professor Scarberry argues that my study design is invalid because, as he reads the current state of the law, cramdown is virtually impossible. Therefore, he contends, we should not expect markets to exhibit sensitivity to cramdown risk, so no policy conclusions can be derived from my finding of market insensitivity. Regrettably, Professor Scarberry overreads the state of the law. The law is in fact unsettled, and …

Cracking The Foundation: Highlighting And Criticizing The Shortcomings Of Mandatory Inclusionary Zoning Practices, Michael Floryan

Pepperdine Law Review

No abstract provided.