Jade A. Craig "PIGS IN THE PARLOR": THE LEGACY OF RACIAL ZONING AND THE CHALLENGE OF AFFIRMATIVELY FURTHERING FAIR HOUSING IN THE SOUTH 40 Mississippi College Law Review 5 (2022) The Fair Housing Act of 1968 includes a provision that requires that the Secretary of Housing and Urban Development (HUD) administer the policies within the Act to affirmatively further fair housing. Scholars have largely derived their analysis from studying large urban areas and struggles to integrate the suburbs. The literature, however, has... 2022
Ian Wilder, Esq. 20 WAYS TO FIGHT HOUSING DISCRIMINATION 38 Touro Law Review 655 (2022) When looking at the continuing size of the problem of discrimination it is easy to be paralyzed into inaction by the sweeping scope of the undertaking. A good remedy is to find actions that an individual can take to move toward justice. Though Dr. King is often quoted as stating that the arc of the moral universe is long, but it bends toward... 2022
Norman P. Ho A DEFENSE OF HORIZONTAL PRIVITY IN AMERICAN PROPERTY LAW 91 Mississippi Law Journal 109 (2022) Introduction. 109 I. The Horizontal Privity Requirement in the Law of Real Covenants. 112 A. Overview of the Horizontal Privity Doctrine. 112 B. The Traditional Rationales and Justifications for the Horizontal Privity Doctrine. 116 II. Objections to Horizontal Privity and My Responses and Defenses. 117 A. First Objection to Horizontal... 2022
Haley Schlinger A PROPOSED RULE THAT NSPIRES FEW TENANTS: THE SHORTCOMINGS OF HUD'S PUBLIC HOUSING INSPECTION STANDARDS IN ADDRESSING ENVIRONMENTAL HAZARDS 7 ALR Accord 135 (2022) Introduction. 136 I. The Risks to Tenants of NSPIRE's Silence on Environmental Site Contamination Hazards. 141 A. Amending NSPIRE to Require Environmental Site Testing Where Appropriate. 145 II. The Effects of NSPIRE's Lead Paint Assessment Standard on Tenants. 147 A. Congressional Clarification and Raising NSPIRE's Lead Paint Assessment Standard.... 2022
Eden Sarid A QUEER ANALYSIS OF INTELLECTUAL PROPERTY 2022 Wisconsin Law Review 91 (2022) Intellectual property (IP) is a legal framework associated with economic rationality and that is supposedly neutral toward diverse manifestations of sexuality, gender identities, and unorthodoxy in the cultural landscape. But is that the case? This Article proposes a queer analysis of IP, asserting that IP is a major mechanism through which... 2022
Sarah Hopkins A TALE OF TWO CITIES: INTERPRETING RACIAL DISPARITY IN ENFORCEMENT OF STAY-AT-HOME ORDERS & SOCIAL DISTANCING RULES IN NEW YORK 55 UIC Law Review 485 (Fall, 2022) I. Introduction. 485 II. Background. 490 A. Stop and Frisk Practices. 490 B. Social Distancing Mandates. 495 C. Constitutional Rights Under the Fourth and Fourteenth Amendments. 498 D. Legal Standards Following Floyd v. City of New York. 502 III. Analysis. 503 A. Comparing NYPD's Enforcement of Stay-At-Home Orders and Social Distancing Regulations.... 2022
Christopher Markuson A TIMESHARE BY ANY OTHER NAME: FRACTIONAL HOMEOWNERSHIP AND THE CHALLENGES AND EFFECTS OF COMMODIFIED SINGLE-FAMILY HOMES 43 Mitchell Hamline Law Journal of Public Policy and Practice 1 (Spring, 2022) I. Introduction. 2 II. Direct Effects and Regulatory Efforts Surrounding Commodified Second Homes. 7 A. The Direct Effects of Commodified Housing. 7 1. Lost Hotel Tax Revenue. 7 2. Noise, Nuisance, and Strangers. 10 B. Attempts to Regulate Pacaso. 11 1. Government Regulation. 11 2. Social Regulation. 13 III. The Impact on the Housing Market. 16 A.... 2022
Noah DeWitt A TWISTED FATE: HOW CALIFORNIA'S PREMIER ENVIRONMENTAL LAW HAS WORSENED THE STATE'S HOUSING CRISIS, AND HOW TO FIX IT 49 Pepperdine Law Review 413 (2022) California, the iconic Golden State, holds the infamous record for the largest population of people experiencing homelessness in the United States. These record-setting numbers have been steadily on the rise for decades and are due in large part to the state's severe housing shortage, which is currently just under one million housing units. From... 2022
  ADDRESSING CHALLENGES TO AFFORDABLE HOUSING IN LAND USE LAW: RECOGNIZING AFFORDABLE HOUSING AS A RIGHT 135 Harvard Law Review 1104 (February, 2022) The rise of zoning at the dawn of the twentieth century ushered in an era of city planning that promised to improve the safety and security of home life in the wake of the Industrial Revolution. However, the zoning movement also buoyed efforts to separate neighborhoods by race, income, and social class. In Village of Euclid v. Ambler Realty Co.,... 2022
  ADMINISTRATIVE LAW--FAIR HOUSING ACT--EN BANC SECOND CIRCUIT IGNORES HUD REGULATION IN TENANT-ON-TENANT RACIAL HARASSMENT CASE.--FRANCIS v. KINGS PARK MANOR, INC., 992 F.3D 67 (2D CIR. 2021) 135 Harvard Law Review 2195 (June, 2022) Happiest is he . for whom there waits Comfort at home. --Johann Wolfgang von Goethe For many in the United States, the home offers neither rest nor repose. Complaints of housing discrimination--and particularly residential harassment-- are on the rise, with millions more cases estimated to be unreported. Under the Obama Administration, the... 2022
Micah Tempel AFFIRMATIVE ACTION HOUSING: A LEGAL ANALYSIS OF AN AMBITIOUS BUT ATTAINABLE HOUSING POLICY 57 Real Property, Trust and Estate Law Journal 107 (Spring, 2022) Author's Synopsis: American neighborhoods continue to be just as segregated as they were decades ago. Our nation's policies that have attempted to address segregation have widely failed. The negative consequences of continuing to have segregated housing in America are plentiful, including large racial disparities in wealth, homeownership,... 2022
Dwight Merriam AFFORDABLE HOUSING: THREE ROADBLOCKS TO REGULATORY REFORM 51 Urban Lawyer 343 (October, 2022) Much has been written and debated about how we might provide more affordable housing to not only meet the essential need for shelter, but also to advance diversity, equity, and inclusion across the board. Fair housing and equal opportunity are what we all want in our ideal of a just society. Affirmative action in promoting affordability requires... 2022
Arthur S. Leonard ANCHORAGE HOMELESS SHELTER DENIED INJUNCTION IN CHALLENGE TO REVISED ANTI-DISCRIMINATION ORDINANCE 2022 LGBT Law Notes 4 (January, 2022) When a transgender homeless woman seeking shelter in Anchorage, Alaska, in 2018 was dropped off by police at Hope Center, a non-profit religious organization that operates a shelter for women called the Downtown Soup Kitchen, she was turned away for a variety of reasons, including the shelter's rules against providing housing for individuals who... 2022
John Infranca ASSESSING THE PROSPECTS FOR FAIR HOUSING 30 Journal of Affordable Housing & Community Development Law 365 (2022) Furthering Fair Housing: Prospects for Racial Justice in America's Neighborhoods Justin P. Steil, Nicholas F. Kelly, Lawrence J. Vale & Maia S. Woluchem, eds. Temple University Press (2021) 246 pages, $110.50 (cloth); $34.95 (paper); $34.95 (ebook) Perhaps no provision of the United State Code combines ambiguity and strange syntax as effectively as... 2022
Toyja E. Kelley BALANCING DIVERSITY AND INCLUSION INITIATIVES IN AN ERA WHERE WORK FROM HOME/HYBRID IS THE NORM 17 In-House Defense Quarterly 16 (Spring, 2022) Corporate diversity, equity, and inclusion (DE&I) initiatives serve the important function of ensuring the diversification of the entity's workforce and leveraging that diversity to meet the entity's business goals. Achieving these initiatives requires a company-wide commitment to taking concrete steps to measurably increase diversity while... 2022
Teresa M. Santalucia BEGINNER'S GUIDE TO NONPROFIT AND AFFORDABLE HOUSING PARTNERSHIPS (BOOK EXCERPT) 30 Journal of Affordable Housing & Community Development Law 379 (2022) In February of 2022 the Forum will release the Beginner's Guide to Nonprofit and Affordable Housing Partnerships, authored by Teresa M. Santalucia. The book will provide fundamental information and best practices to legal practitioners so they can guide nonprofit organizations (NPOs) engaging in affordable housing activities. What follows is an... 2022
Stella Preston BEING PERSUADED TO SLEEP WITH SOMEONE IN ORDER TO HAVE A PLACE TO SLEEP: THE ELEVENTH CIRCUIT'S ANALYSIS OF SEXUAL HARASSMENT CLAIMS UNDER THE FAIR HOUSING ACT 73 Mercer Law Review 1419 (Summer, 2022) One of the fundamental ideals the United States was built upon is that its citizens must have their rights and freedoms protected. Historically, however, there have been numerous groups of individuals who have had their civil rights infringed upon, and what is worse, not protected by the legal and political institutions of the country. What the... 2022
Troy J.H. Andrade BELATED JUSTICE: THE FAILURES AND PROMISE OF THE HAWAIIAN HOMES COMMISSION ACT 46 American Indian Law Review 1 (2022) In July 1921, the United States Congress enacted and President Warren G. Harding signed into law the Hawaiian Homes Commission Act of 1920, establishing a land trust of approximately 203,500 acres of former Crown and Government Lands to provide homestead leases at a nominal fee for native Hawaiians, those individuals of fifty percent or more... 2022
Heidi Kurniawan BEYOND INSTITUTIONS: ANALYZING HEIRS' PROPERTY LEGAL ISSUES AND REMEDIES THROUGH A BLACK HISTORY LENS 22 University of Maryland Law Journal of Race, Religion, Gender and Class 148 (Spring, 2022) In 2019, ProPublica and The New Yorker published a riveting and award-winning exposé on the loss of Black-owned land in the South. The story focused on two men in North Carolina, named Melvin Davis and Licurtis Reels, who spent eight years in jail for refusing to leave the property they inherited from their great-grandfather and had lived on their... 2022
Robin B. Wagner BEYOND REDLINING 101-JAN Michigan Bar Journal 26 (January, 2022) We treat everyone equally because we are required to do so by the Fair Housing Act, so we did nothing wrong. I hear this from property managers and leasing agents defending conduct that has resulted in lawsuits and administrative actions alleging housing discrimination. This simplistic formulation most likely came from fair housing training the... 2022
Tom Stanley-Becker BREAKING THE CYCLE OF HOMELESSNESS AND INCARCERATION: PRISONER REENTRY, RACIAL JUSTICE, AND FAIR CHANCE HOUSING POLICY 7 University of Pennsylvania Journal of Law & Public Affairs 257 (May, 2022) This article is the first to systematically demonstrate that fair chance housing ordinances constitute an innovative policy response to the confluence of two critical problems--mass incarceration and homelessness, both of which disproportionately affect people of color. The ordinances restrict landlords from investigating the criminal history of... 2022
Associate Professor Ying Chen, Dr. Paul McDonough BRING AMERICANS HOME: ESTABLISHING A RIGHTS-BASED FRAMEWORK AT THE STATE LEVEL 21 Seattle Journal for Social Justice 3 (Fall, 2022) Especially since the start of the COVID-19 pandemic, it has become increasingly apparent that the United States is experiencing a long-term crisis of insecure housing and homelessness. This Article argues that the federal programs in place and the patchwork of state laws regarding housing have not, and without significant reform, probably cannot... 2022
Alec Johnson BRINGING HISTORY HOME: STRATEGIES FOR THE INTERNATIONAL REPATRIATION OF NATIVE AMERICAN CULTURAL PROPERTY 126 Dickinson Law Review 859 (Spring, 2022) The theft of Native American cultural items has been ongoing since Europeans began to colonize the Americas. As a result, millions of Native American artifacts are now located outside the borders of the United States. Native American tribes have long sought international repatriation--the return of these cultural objects to their tribal owners.... 2022
Ryan P. Sullivan BRINGING ORDER TO CHAOS: REVIVING UNIFORMITY AND BALANCE WITHIN NEBRASKA'S RENTAL HOUSING LAWS 101 Nebraska Law Review 163 (2022) C1-3TABLE OF CONTENTS I. Introduction. 164 II. Proposals. 166 A. Reducing Homelessness. 166 1. Provide for a Right of Redemption. 169 2. Narrow the Scope of § 76-1431(4) - Evictions for Criminal Activity. 175 3. Provide Tenants a Reasonable Opportunity to Vacate the Premises Following Judgment. 178 B. Promoting Equity and Fairness. 183 1.... 2022
Noah M. Kazis CAN AFFORDABLE HOUSING BE A SAFETY NET? LESSONS FROM A PANDEMIC 132 Yale Law Journal Forum 412 (7-Nov-22) abstract. The COVID-19 pandemic posed an unprecedented challenge to housing stability, with mass unemployment and societal disruption leaving millions of tenants struggling to make rent. Aggressive public intervention avoided the worst outcomes, but the effort to protect renters exposed the mismatch of existing affordable-housing programs to... 2022
Stephen R. Miller CAN AMERICA'S FASTEST-GROWING CITY SAVE ITSELF?: PROPERTY RIGHTS AND THE PLANNING ETHIC IN BOISE, IDAHO 58 Idaho Law Review 403 (2022) C1-2TABLE OF CONTENTS I. INTRODUCTION. 403 II. PART I: WHAT GROWTH IN BOISE LOOKS LIKE. 407 A. Boise's Past and Its Region. 408 B. Case Study: Boise's Downtown. 411 C. Where the Region's Growth is Now. 421 III. PART II: LAW AND POLICY OF FAST-GROWTH CITIES. 429 A. Lessons of Planning's First Century for Mid-Sized Cities. 429 B. Property Rights. 437... 2022
Myron Orfield, William Stancil CHALLENGING FAIR HOUSING REVISIONISM 2 North Carolina Civil Rights Law Review 32 (Spring, 2022) Introduction. 32 II. Fair Housing Revisionism in the Academy and White House. 36 III. Integration and the Fair Housing Act Debate. 47 A. The Struggle to Integrate Federally Subsidized Housing 1949-59. 47 B. The Organized Push for a Federal Fair Housing Act 1960-66. 48 C. The Fair Housing Act in Congress, 1966-68. 54 Conclusion. 64 2022
Ava Lau-Silveira CITY OF OAKLAND v. WELLS FARGO CO.: EXAMINING THE PROXIMATE CAUSE STANDARD UNDER THE FAIR HOUSING ACT 52 Golden Gate University Law Review 49 (April, 2022) The Financial Services Modernization Act of 1999 partially deregulated the financial industry under the premise of helping everyone attain the American dream of homeownership. In 1999, the Federal National Mortgage Association (Fannie Mae) made subprime mortgage loans readily accessible to those who normally would not qualify. People in the... 2022
Stephanie M. Stern CLIMATE TRANSITION RELIEF: FEDERAL BUYOUTS FOR UNDERWATER HOMES 72 Duke Law Journal 161 (October, 2022) As climate change causes unprecedented dislocation from flooding and sea-level rise, a new legal regime for climate retreat (i.e., shifting human settlement from severe climate risk zones) is developing. Buyout laws, such as FEMA's Hazard Mitigation Grant Program, fund government acquisitions of severely flood-impacted homes, enabling owners to... 2022
Bob Neel COMBATING EXCLUSION & ACHIEVING AFFORDABLE HOUSING: THE CASE FOR BROAD ADOPTION OF HOUSING APPEALS STATUTES 99 Washington University Law Review 1397 (2022) The United States has a serious affordable housing problem, and by nearly every measure the problem is worsening. Across the country, counties and municipalities have been unable to meaningfully address the widening gap between housing prices and earned wages. A meager thirty-seven affordable and available rental homes exist for every 100 extremely... 2022
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