| Author | Title | Citation | Summary | Year |
| Stewart E. Sterk |
INCENTIVIZING FAIR HOUSING |
101 Boston University Law Review 1607 (October, 2021) |
Restrictive land use regulation has thwarted the upward mobility of many Americans, particularly Americans of color. Local restrictions imposed by affluent municipalities have limited access to safe neighborhoods, better housing, and good schools. Racism and economic self-interest have both played a role in exclusionary practices which have... |
2021 |
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KEEPING CURRENT--PROPERTY |
35-APR Probate and Property 20 (March/April, 2021) |
CONSTRUCTION CONTRACTS: Pay-if-paid term in subcontract that requires surrender of right to timely payment is void. APCO Construction, Inc., the general contractor on a mixed-use development project, entered into a subcontract with Zitting Brothers Construction, Inc. to perform wood framing, sheathing, and shimming work. The subcontract required... |
2021 |
| |
KEEPING CURRENT--PROPERTY |
35-JUN Probate and Property 22 (May/June, 2021) |
COTENANTS: Creditor may reach insurance proceeds from property held in tenancy by the entirety. Terry and Cathy Phillips owned their marital residence as tenants by the entirety until 2010 when they retitled the property in the names of separate revocable trusts as tenants in common. Cathy's trust held a 99 percent undivided interest in the... |
2021 |
| Alex Ellefson |
LANDLORD BOUNTY HUNTERS: QUI TAM AS AN EFFECTIVE TOOL FOR HOUSING CODE ENFORCEMENT |
29 Journal of Law & Policy 460 (2021) |
Millions of American renters live in substandard housing. Conditions in these homes not only affect individual renters' quality of life, but in the aggregate create enormous burdens on public resources in the form of higher healthcare costs, demand for public benefits, and lower economic productivity. Furthermore, the legacy of racist housing... |
2021 |
| Daniel Finnegan |
LOOKING FOR A SILVER LINING: HOW THE COVID-19 PANDEMIC FORCES NEW YORK TO RECKON WITH ITS AFFORDABLE HOUSING CRISIS |
15 Brooklyn Journal of Corporate, Financial & Commercial Law 467 (Spring, 2021) |
Since the Great Depression, the United States government has failed to find an adequate remedy to a nationwide housing shortage amongst low- and moderate-income individuals and families. The COVID-19 public health crisis has exacerbated this ongoing, nation-wide housing crisis, and has highlighted the racial inequities present in our housing... |
2021 |
| Rebecca Ringler |
MAKING A HOUSE A HOME: CHALLENGING DISCRIMINATORY UTILITY POLICIES UNDER THE FAIR HOUSING ACT |
12 George Washington Journal of Energy & Environmental Law 113 (Summer, 2021) |
This Note explores the connection between access to utility services and housing, and how the Fair Housing Act can be used to challenge discriminatory utility policies. Specifically, it concludes that because regulation of utility providers varies so much between the states, federal oversight is needed to ensure that consumers are protected from... |
2021 |
| Michelle D. Layser , Edward W. De Barbieri , Andrew J. Greenlee , Tracy A. Kaye , Blaine G. Saito |
MITIGATING HOUSING INSTABILITY DURING A PANDEMIC |
99 Oregon Law Review 445 (2021) |
Introduction. 447 I. Housing Instability During a Pandemic. 451 A. Predicting the Impact of COVID-19 on Housing Instability. 451 B. Policy Response to Housing Instability Varies by Perceived Harm. 455 C. Housing Instability as a Public Health Risk During COVID-19. 457 II. Learning from History: Policy Failures and the Great Recession. 461 A.... |
2021 |
| Cameron Roeback |
NO LOVE LEASED: DETERMINING A LANDLORD'S LIABILITY FOR TENANT-ON-TENANT HARASSMENT UNDER THE FAIR HOUSING ACT |
82 University of Pittsburgh Law Review 945 (Summer, 2021) |
I oughta kill you, you f g n , Raymond Endres shouted at his new apartment neighbor, Donahue Francis. Francis could hardly escape the abuse; it followed him through his apartment complex, sometimes to his very door. The Suffolk County Police Hate Crimes Unit investigated the matter and informed the apartment owner, Kings Park Manor Inc. (KPM).... |
2021 |
| Nina A. Kohn |
NURSING HOMES, COVID-19, AND THE CONSEQUENCES OF REGULATORY FAILURE |
110 Georgetown Law Journal Online 1 (Spring, 2021) |
This essay explores the COVID-19 crisis in America's nursing homes and its lessons for the future of long-term care. It challenges narratives portraying nursing homes as the unfortunate victims of COVID-19 by showing how the crisis is the foreseeable result of regulatory gaps and failures that have long enabled nursing homes to engage in systemic... |
2021 |
| H. Timothy Lovelace, Jr. |
OF PROTEST AND PROPERTY: AN ESSAY IN PURSUIT OF JUSTICE FOR BREONNA TAYLOR |
116 Northwestern University Law Review Online 23 (May 13, 2021) |
Abstract--In March 2020, Louisville police officers fatally shot Breonna Taylor in her apartment while executing a no-knock warrant. There was great outrage over the killing of the innocent woman, and Kentucky Attorney General Daniel Cameron led an investigation of the officer-involved shooting. Activists protested in Louisville after Taylor's... |
2021 |
| Tracy A. Kaye |
OGDEN COMMONS CASE STUDY: A COMPARATIVE LOOK AT THE LOW-INCOME HOUSING TAX CREDIT AND OPPORTUNITY ZONE TAX INCENTIVE PROGRAMS |
48 Fordham Urban Law Journal 1067 (October, 2021) |
Introduction. 1068 I. The Ogden Commons Project. 1072 A. North Lawndale Neighborhood, Chicago. 1072 B. OZ Census Tract 8433. 1075 II. Financing of the Ogden Commons Project. 1080 A. Qualified Opportunity Funds. 1080 B. Low-Income Housing Tax Credit Program. 1084 III. Comparison of the LIHTC Program with the Opportunity Zone Tax Incentive. 1090 A.... |
2021 |
| Jamie H. Wood |
OPPORTUNITY GAP: A SURVEY OF STATE SOURCE-OF-INCOME PROTECTION LAWS AND HOW THEY ADDRESS THE CHALLENGES FACING THE FEDERAL HOUSING CHOICE VOUCHER PROGRAM |
55 University of Richmond Law Review 691 (Winter, 2021) |
In 1968, the United States Congress enacted the Fair Housing Act (FHA) with the stated purpose of prevent[ing] segregation and discrimination in housing, including in the sale or rental of housing .. The FHA prohibits landlords from refusing to rent to members of certain protected classes, including race, color, national origin, sex, religion,... |
2021 |
| Marika Dias |
PARADOX AND POSSIBILITY: MOVEMENT LAWYERING DURING THE COVID-19 HOUSING CRISIS |
24 CUNY Law Review 173 (Summer, 2021) |
Introduction. 173 I. The Housing Movement Rising. 177 II. Really? You Want to Evict People During a Pandemic? Keeping the Eviction Mills Closed. 182 III. Cancel Rent--A Time for Bold Demands. 191 IV. Not One Cent on the Rent: A Mass Rent Strike. 200 V. Closing out--Building our power to Fight and Win. 207 |
2021 |
| Mary Crossley |
PRISONS, NURSING HOMES, AND MEDICAID: A COVID-19 CASE STUDY IN HEALTH INJUSTICE |
30 Annals of Health Law and Life Sciences 101 (Summer, 2021) |
As the coronavirus closed down the United States economy in March 2020, it did not take long for predictions to emerge claiming that COVID-19 would disproportionately affect Black communities. Only weeks into the shutdown, Dr. Uché Blackstock, a health equity expert, began sounding the alarm, stating in an interview [w]hen it hits the fan, we're... |
2021 |
| Molly Rockett |
PRIVATE PROPERTY MANAGERS, UNCHECKED: THE FAILURES OF FEDERAL COMPLIANCE OVERSIGHT IN PROJECT-BASED SECTION 8 HOUSING |
134 Harvard Law Review Forum 286 (March 20, 2021) |
Federally subsidized housing should be the foundation upon which much of our social safety net is built. It is supposed to be a core component of our public response to the intertwined crises of poverty and homelessness, funded by taxpayer dollars and executed by our public servants in the Department of Housing and Urban Development (HUD), as well... |
2021 |
| Xuan-Thao Nguyen |
PROMOTING CORPORATE IRRESPONSIBILITY? DELAWARE AS THE INTELLECTUAL PROPERTY HOLDING STATE |
46 Journal of Corporation Law 717 (Spring, 2021) |
I. Introduction. 718 II. Catching Delaware's Attention: The Rise of Intellectual Property Corporate Assets. 722 A. Patent and Copyright Assets in the 1980s. 722 B. The Rise in Consumption and Trademarks as Corporate Assets. 729 III. Legislation to Lure Intellectual Property Assets to Be Held in Delaware. 733 A. The Tax Avoidance Scheme of 1984. 733... |
2021 |
| Michael C. Pollack , Lior Jacob Strahilevitz |
PROPERTY LAW FOR THE AGES |
63 William and Mary Law Review 561 (November, 2021) |
Within the next forty years, the number of Americans over age sixty-five is projected to nearly double. This seismic demographic shift will necessitate a reckoning in several areas of law and policy, but property law is especially unprepared. Built primarily for young and middle-aged white men, the common law of property has been critiqued for... |
2021 |
| Cameron M. Baskett , Christopher G. Bradley |
PROPERTY TAX PRIVATEERS |
41 Virginia Tax Review 89 (Fall, 2021) |
Many states permit local governments to sell third parties the right to collect overdue property taxes, together with interest and fees. We call these third-party investors property tax privateers, because they are empowered to pursue claims that are essentially the state's, in search of a sizable bounty. Privateers are often anonymous LLCs with... |
2021 |
| Andrew T. Hayashi , Richard M. Hynes |
PROTECTIONIST PROPERTY TAXES |
106 Iowa Law Review 1091 (March, 2021) |
ABSTRACT: National restrictions on trade and immigration are the most salient illustrations of the current protectionist moment, but cities have played their part too, taxing foreign investors in local real estate and imposing second or vacant home taxes that indirectly burden foreign investment. We call these taxes protectionist property taxes.... |
2021 |
| Eleanor Brown, June Carbone |
RACE, PROPERTY, AND CITIZENSHIP |
116 Northwestern University Law Review Online 120 (July 24, 2021) |
Abstract--The racial wealth gap is stunning. The net worth of an average White family is nearly ten times greater than that of an African-American family. A 2017 Prosperity Now report finds that for African-Americans, today's economy is an extractive one; if existing trends continue, the median African-American family will have a net worth of zero... |
2021 |
| John Bliss |
REBELLIOUS LAWYERS FOR FAIR HOUSING: THE LOST SCIENTIFIC MODEL OF THE EARLY NAACP |
2021 Wisconsin Law Review 1433 (2021) |
Historically rooted patterns of racial segregation in housing remain a significant contributor to racial inequities in health, intergenerational wealth, and life chances more generally. This Article uncovers a powerful but long-forgotten model for rebellious lawyers in the struggle for fair housing. I draw this model from archival research on the... |
2021 |
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REMARKS BY CHAIRMAN ROBERT C. "BOBBY" SCOTT (VA-03) |
39 Minnesota Journal of Law & Inequality 5 (Winter, 2021) |
2020 Summit for Civil Rights | University of Minnesota Law School, Georgetown University Law Center Friday, July 31, 2020 | 10:10 AM CDT Thank you, Dean Treanor, for your very kind introduction. I want to thank the University of Minnesota Law School, Workers' Rights Institute, Building One America, NAACP, and all the organizations that helped... |
2021 |
| Michael P. Seng |
RESTORATIVE JUSTICE: A MODEL FOR CONCILIATING FAIR HOUSING DISPUTES |
21 Journal of Law in Society 63 (Winter, 2021) |
Abstract. 63 Introduction. 64 I. The challenge posed by housing discrimination and the task of removing the effects of segregation. 66 II. The Fair Housing Act Has Broad Remedial Powers. 72 III. Conciliation as a preferred means of resolving fair housing disputes. 78 IV. Restorative justice as a means of conciliating disputes under the Fair Housing... |
2021 |
| Rigel C. Oliveri |
SEXUAL ORIENTATION AND GENDER IDENTITY DISCRIMINATION CLAIMS UNDER THE FAIR HOUSING ACT AFTER BOSTOCK v. CLAYTON COUNTY |
69 University of Kansas Law Review 409 (March, 2021) |
On June 15, 2020, the Supreme Court handed down a landmark decision in Bostock v. Clayton County, Georgia, ruling by a vote of 6-3 that Title VII of the Civil Rights Act of 1964 protects gay, lesbian, and transgender employees from discrimination. The majority held that the statute's prohibition against discrimination in employment because of .... |
2021 |
| Christopher S. Elmendorf, Eric Biber, Paavo Monkkonen, Moira O'Neill |
STATE ADMINISTRATIVE REVIEW OF LOCAL CONSTRAINTS ON HOUSING DEVELOPMENT: IMPROVING THE CALIFORNIA MODEL |
63 Arizona Law Review 609 (Fall, 2021) |
Starting in the 1970s, the West Coast states coalesced around roughly similar responses to the problem of excessive local restrictions on housing supply. Local governments were charged with making plans to accommodate projected population growth, subject to review and approval by a state agency. In California, a city's housing plan must also... |
2021 |
| Mitchell E. Feldman |
STATISTICALLY SPEAKING: RESTRICTIVE CHANGES TO FAIR HOUSING ACT DISPARATE IMPACT LIABILITY |
62 Boston College Law Review 1321 (April, 2021) |
Abstract: Disparate impact liability, a theory for pleading discrimination allegations, has been an important tool in the battle for housing equity. Disparate impact claims, however, have undergone drastic changes since their inception in 1971. Most recently, the Department of Housing and Urban Development issued a final rule amending the pleading... |
2021 |
| Larisa Antonisse |
STRENGTHENING THE RIGHT TO MEDICAID HOME AND COMMUNITY-BASED SERVICES IN THE POST-COVID ERA |
121 Columbia Law Review 1801 (October, 2021) |
The COVID-19 pandemic has laid bare the severe public health danger that institutional and congregate care settings pose to people with disabilities, older adults, and the care professionals who work in those settings. While the populations residing in congregate care settings are naturally more susceptible to the virus, the COVID-19 crisis in... |
2021 |
| Florence Wagman Roisman |
STRUCTURAL RACISM IN HOUSING IN INDIANAPOLIS |
18 Indiana Health Law Review 355 (2021) |
[N]ow arise political extremism, white supremacy, domestic terrorism that we must confront and we will defeat .. We face an attack on our democracy and on truth. A raging virus, growing inequity, the sting of systemic racism, a climate in crisis. Structural racism is a newly popular term but a long-standing problem. It has been defined as the... |
2021 |
| A. Mechele Dickerson |
SYSTEMIC RACISM AND HOUSING |
70 Emory Law Journal 1535 (2021) |
After the Great Depression and World War II, political leaders in this country enacted laws and adopted policies that made it easy for families to buy homes and increase their household wealth. This housing relief was limited to whites, though. Blacks and Latinos have always struggled to buy homes or even find safe and affordable rental housing.... |
2021 |
| Mekonnen Firew Ayano |
TENANTS WITHOUT RIGHTS: SITUATING THE EXPERIENCES OF NEW IMMIGRANTS IN THE U.S. LOW-INCOME HOUSING MARKET |
28 Georgetown Journal on Poverty Law and Policy 159 (Winter, 2021) |
Immigrants who recently arrived in the United States generally are not able to exclusively possess rental properties in the formal market because they lack a steady source of income and credit history. Instead, they rent shared bedrooms, basements, attics, garages, and illegally converted units that violate housing codes and regulations. Their... |
2021 |