| Author | Title | Citation | Summary | Year |
| Danaya C. Wright |
TRAPPED BETWEEN THE URPTODA AND THE UPHPA: PROBATE REFORMS TO BRIDGE THE GAP AND SAVE HEIRS PROPERTY FOR MODEST-WEALTH DECEDENTS |
127 Penn State Law Review 749 (Summer, 2023) |
The problem of heirs property is tragic and endemic, especially in minority and low-income communities where family homes and farms are lost because of fractionation through intestate inheritance and failure by heirs to timely probate the land and clear title. But reformers have worked diligently to address the problem by passing the Uniform Real... |
2023 |
| M P Ram Mohan , Aditya Gupta |
TREATMENT OF INTELLECTUAL PROPERTY LICENSES IN BANKRUPTCY |
31 American Bankruptcy Institute Law Review 245 (Summer, 2023) |
A bankrupt debtor's ability to escape unprofitable contracts, enshrined in section 365 of the United States Bankruptcy Code, is considered central to a successful reorganization within chapter 11. The ambit of this power and the consequence of its application have been the subject of unceasing legal and business controversy. Intellectual property... |
2023 |
| Allison Dentinger |
TWO SIDES TO THE SAME COIN: HOW TENANTS AND ATTORNEYS CAN COMBINE TO WIN HOUSING JUSTICE FOR ALL |
32 Journal of Affordable Housing & Community Development Law 281 (2023) |
One of the most destabilizing events in a person's life is coming home to find a Warrant of Eviction posted on the door. That notice indicates that the tenant's family has only days to be out of their home if they want to avoid being forced out by the eviction marshal. This is an increasing reality for low-income tenants, particularly tenants of... |
2023 |
| Marilyn Uzdavines |
UNFORGIVABLE LAPSES IN CARE: OUR FAILING HOME AND COMMUNITY-BASED CARE SYSTEM DISCRIMINATES AGAINST PEOPLE WITH DISABILITIES |
91 UMKC Law Review 627 (Spring, 2023) |
Let the shameful wall of exclusion finally come tumbling down. President George H.W. Bush The struggle for many people with disabilities includes the consistent worry of whether they will receive the necessary support to remain at home, live independently, and have the best possible quality of life. All too often, breakdowns in our long-term... |
2023 |
| Melissa A. Hammer |
UNHOUSED REENTERING ELDERS: ADDRESSING STATUTORY, REGULATORY, AND DISCRETIONARY BARRIERS TO FEDERAL HOUSING ASSISTANCE FOR SENIORS WITH CRIMINAL RECORDS |
84 Ohio State Law Journal 361 (2023) |
C1-3Table of Contents I. Introduction. 362 II. Statutory and Regulatory Background: Housing Options for Seniors. 365 A. Public Housing. 367 B. Multifamily Housing Programs. 371 1. Section 202 Supportive Housing for the Elderly Program. 372 2. Section 231 Rental Housing for the Elderly Program. 374 3. Section 232 Loan Program. 375 III. Primary and... |
2023 |
| Andrew Darcy |
USING STATE LAW TO ENFORCE "AFFIRMATIVELY FURTHER" FAIR HOUSING OBLIGATIONS: NO LONGER FITTING A SQUARE PEG IN A ROUND HOLE |
29 Cardozo Journal of Equal Rights & Social Justice 593 (Summer, 2023) |
C1-2Table of Contents Part I: Introduction. 594 Part II: Housing Discrimination in the United States and the AFFH. 596 A. High-Level Overview of Housing Discrimination in the United States. 596 B. The Fair Housing Act and the Obligation to Affirmatively Further Fair Housing. 600 Part III: AFFH Enforcement--and Lack Thereof. 604 Part IV: New York's... |
2023 |
| Frank D. LoMonte , Paola Fiku |
WATCH WHERE YOU CHALK, 'CAUSE THE SIDEWALKS TALK: THE FIRST AMENDMENT AND EPHEMERAL "OCCUPATIONS" OF PUBLIC PROPERTY |
47 Vermont Law Review 487 (Summer, 2023) |
Introduction. 487 I. First Things First: The Forum Beneath Your Feet. 490 A. The Right to Use Public Property as a Platform for Speech. 490 B. Cracks in the Sidewalk as Forum. 493 II. Chalking as Protest: Cases and Controversies. 499 A. Battle Lines Drawn: Campus Chalking Clashes. 499 B. Is There a Right to Write?. 501 1. Chalking Prohibitions... |
2023 |
| Zachary ThummBorst |
WATER JUSTICE: THE NINTH CIRCUIT EXAMINES THE FAIR HOUSING ACT IN THE CONTEXT OF WATER SERVICES IN SOUTHWEST FAIR HOUSING COUNCIL, INC. v. MARICOPA DOMESTIC WATER IMPROVEMENT DISTRICT |
34 Villanova Environmental Law Journal 273 (2023) |
Water affordability is an area of growing concern in the United States. Research suggests the price of water and sewage increased by approximately eighty percent between 2010 and 2018. In the drought-stricken southwest, water prices may rise further as states become more dependent on imported water. A 2017 study estimated that, at the time, roughly... |
2023 |
| Hilary Silvia , Linda Christiansen |
WEB OF INTEREST: REFRAMING THE CONVERSATION AROUND UNAFFORDABLE HOUSING |
4 Corporate and Business Law Journal 116 (1/8/2023) |
C1-2Contents Introduction. 119 I. The Concept of Home and the Business of Housing. 120 A. A Brief History of Rent Control Through the Lens of New York City. 121 II. Applying the Web of Interest to Rent Control. 125 A. Economic Impact of Rental Housing Regulations and Interventions. 126 B. Landlords: The Single-Party Solution to Affordable Housing.... |
2023 |
| Roderick M. Hills Jr., David Schleicher |
WHAT IS PROPERTY LAW IN AN AGE OF STATUTES AND REGULATION?: A REVIEW OF PROPERTY: PRINCIPLES AND POLICIES BY THOMAS MERRILL, HENRY SMITH AND MAUREEN BRADY |
79 New York University Annual Survey of American Law 89 (2023) |
The Fourth Edition of Property: Principles and Policies by Thomas Merrill, Henry Smith and Maureen Brady lays out what the field's leading thinkers believe we all should know about property law. Unlike most casebooks, the book is an intellectual achievement, a powerful argument made through educational materials. But it is premised on a set of... |
2023 |
| Reuben Siegman |
WHEN AFFORDABLE HOUSING COMES UP AGAINST ENVIRONMENTALISM: LEGAL LESSONS FROM MINNESOTA AND CALIFORNIA |
32 Journal of Affordable Housing & Community Development Law 175 (2023) |
C1-3Table of Contents I. Minneapolis 2040. 178 A. What the 2040 Plan Is and How It Came to Be. 178 B. Legal Implications. 179 C. What the Future Holds and Lessons Learned. 181 II. California's Attempt at Reform. 184 A. CEQA: What It Is and Its Impact. 184 B. SB 35 and Related Reforms. 186 C. Incentive-Based Reforms. 188 D. Lessons Learned from the... |
2023 |
| Mikayla Mangle |
WHEN THE LEGAL SYSTEM WAS DESIGNED TO WORK AGAINST YOU, HOW CAN IT EVER WORK FOR YOU? RETHINKING HEIRS PROPERTY REFORM |
17 Charleston Law Review 541 (Spring, 2023) |
INTRODUCTION. 541 I. AMERICA'S DISCRIMINATORY PAST NEVER LEFT: HOW JIM CROW ERA LAWS HELPED LEAD TO THE CREATION OF HEIRS PROPERTY. 545 A. An Empty Promise of Homeownership to Black Americans Throughout History. 546 B. When Past Discrimination Lingers: How Racially Discriminatory Laws and Tactics Created Heirs Property. 554 II. CURRENT REFORMS TO... |
2023 |
| LaToya Baldwin Clark |
WHOSE CHILD IS THIS? EDUCATION, PROPERTY, AND BELONGING |
123 Columbia Law Review 1201 (June, 2023) |
Previous work suggests that excludability is the main attribute of educational property and residence is the lynchpin of that exclusion. Once a child is non-excludable, the story goes, he should have complete access to the benefits of educational property. This Essay suggests a challenge to the idea that exclusion is the main attribute of... |
2023 |
| Eve Garrow |
WHY DISCRIMINATION AGAINST UNHOUSED PEOPLE MAKES THE HOUSING CRISIS WORSE--AND WHAT WE CAN DO ABOUT IT |
48 Human Rights 8 (April, 2023) |
When the local homeless shelter was full, Katrina slept in its parking lot. She figured she could bang on the shelter door if she needed help. But she wasn't safe. Police officers often woke her up around midnight and threatened to charge her with sleeping in public--a criminal offense--if she did not leave. When police drive me out of the shelter... |
2023 |
| John Mukum Mbaku |
WOMEN, INTERNATIONAL HUMAN RIGHTS LAW, AND THE RIGHT TO ADEQUATE HOUSING IN AFRICA |
37 Emory International Law Review 217 (2023) |
In many African countries, the rights of women and girls to adequate housing are under threat and remain vulnerable to violation by state- and non-state actors. This is so even though these rights are guaranteed by international human rights instruments and national constitutions. Of particular note is the existence of customary laws that... |
2023 |
| Michael Lewyn |
ZONING AND LAND USE PLANNING |
51 Real Estate Law Journal 252 (Spring, 2023) |
In 2021, I ran for Borough President (BP) of Manhattan, primarily because this position has significant influence over land use. The BP can hold public hearings on rezoning petitions, appoints a member to New York's city planning commission (which reviews zoning applications), and appoints members of community boards (which must also be consulted... |
2023 |
| 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 |
| 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 |
| Krystle Okafor |
COMMUNITY OWNERSHIP IN NEW YORK CITY: THE HOUSING DEVELOPMENT FUND CORPORATION |
30 New York University Environmental Law Journal 413 (2022) |
Community ownership refers to tenures and tactics for the shared acquisition, financing, development, rehabilitation, and stewardship of land and housing among residents in a local community. As the COVID-19 pandemic softens multifamily housing markets, tenant activists, policy advocates, and progressive legislators have trumpeted community-owned... |
2022 |
| Marc L. Roark , Lorna Fox O'Mahony |
COMPARATIVE PROPERTY LAW AND THE PANDEMIC: VULNERABILITY THEORY AND RESILIENT PROPERTY IN AN AGE OF CRISES |
82 Louisiana Law Review 789 (Spring, 2022) |
C1-2Table of Contents Abstract. 789 I. Property and the Pandemic. 790 II. Resilient Property. 795 A. Resilient Property Theory. 795 B. Resilient Property and Wicked Problems. 801 C. Vulnerability Theory and Resilience. 805 D. Sustainability, Equilibrium, and Resilience. 813 III. Framing the Pandemic: State Responses. 822 A. Fiscal Support:... |
2022 |
| Brayden Jack Parker |
'CORNERSTONE UPON WHICH REST ALL OTHERS': UTILIZING CANONS OF STATUTORY INTERPRETATION TO CONFIRM AN ENFORCEABLE TRUST DUTY FOR NATIVE AMERICAN HEALTH CARE |
90 George Washington Law Review 237 (February, 2022) |
In 1976, the federal government passed the Indian Health Care Improvement Act (IHCIA) in furtherance of its special trust responsibility owed to Native Americans. Through the IHCIA, Congress created the Indian Health Service, which provides health care to five million members of federally recognized tribes. In recent years, however, the Indian... |
2022 |