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
Leonard S. Rubinowitz , Michelle Shaw DELAYED SYNERGY: CHALLENGING HOUSING DISCRIMINATION IN CHICAGO IN THE STREETS AND IN THE COURTS 17 Northwestern Journal of Law & Social Policy 1 (Spring, 2022) During the Montgomery Bus Boycott, the Montgomery Improvement Association combined a boycott with a successful constitutional challenge to bus segregation laws, producing more progress to desegregate the buses than either strategy could have brought about on its own. The Montgomery Improvement Association's approach was a paradigm of the synergy... 2022
Elaine Gross, MSW DENIAL OF HOUSING TO AFRICAN AMERICANS: POST-SLAVERY REFLECTIONS FROM A CIVIL RIGHTS ADVOCATE 38 Touro Law Review 589 (2022) In this article, I draw on two decades of experience as a civil rights advocate to reflect on the denial of housing to African Americans in post-slavery America. I do so as Founder and President of the civil rights organization, ERASE Racism. I undertake historical research and share insights from my own experience to create and reflect upon six... 2022
Christopher Azuoma, Rita Burns, Adam Cohen, Mark A. Iafrate, Kathy Purnell, Crystal Thorpe DIGEST OF RECENT LITERATURE 31 Journal of Affordable Housing & Community Development Law 1 (2022) The Digest of Recent Literature in the Journal is an opportunity for attorneys and law students new to the practice of affordable housing and community development law to participate in the Journal and the Forum. This feature of the Journal provides brief summaries of academic and nonprofit policy institute reports, federal government notifications... 2022
Chris Chambers Goodman , Natalie Antounian DISMANTLING THE MASTER'S HOUSE: ESTABLISHING A NEW COMPELLING INTEREST IN REMEDYING SYSTEMIC DISCRIMINATION 73 Hastings Law Journal 437 (February, 2022) This Article proposes a new compelling interest to justify affirmative action policies. Litigation has been successful, to a point, in preserving affirmative action, but public support of the diversity and inclusion rationales for race-conscious policies is waning. Equity abhors a vacuum, and so this Article promotes a return to remedial... 2022
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