TOWARD IMPROVED HOUSING OPPORTUNITIES: A NEW DIRECTION FOR ZONING LAW 121 University of Pennsylvania Law Review 330 (December, 1972) The problems arising from the present state of the law applicable to land development in American suburbs by now are familiar. It is a commonplace to observe that Euclidean zoning's static approach was doomed to disappoint in a dynamic world. The poverty of the conventional solutionresort to the amendment processhas likewise become clear with... 1972
  1. REQUIRED REFERENDUM FOR LOW-INCOME HOUSING 85 Harvard Law Review 122 (November, 1971) For many years the California constitution has authorized referendum repeal of local ordinances upon petition of ten percent of the electorate in any relevant subdivision. Apart from these voterinitiated referenda, Article 34 of the state constitution requires a referendum in any self-governing subdivision to approve development of federally... 1971
  DAMAGES - MENTAL DISTRESS - DAMAGES RECOVERABLE FOR MENTAL DISTRESS RESULTING FROM RACIAL DISCRIMINATION IN HOUSING RENTAL. - GRAY v. SERRUTO BUILDERS, INC., 110 N.J. SUPER. 297, 265 A.2D 404 (CH. 1970) 84 Harvard Law Review 746 (January, 1971) During late 1967 William Gray, a black man, unsuccessfully attempted to rent an apartment from Serruto Builders. In December the Montclair Fair Housing Commission, to whom he had complained, informed him that Serruto had available apartments. Gray again spoke to Laurence, the superintendent, who said that despite a vacancy sign in plain view no... 1971
  DISCRIMINATORY HOUSING MARKETS, RACIAL UNCONSCIONABILITY, AND SECTION 1988: THE CONTRACT BUYERS LEAGUE CASE 80 Yale Law Journal 516 (January, 1971) In the spring of 1968, the Supreme Court revived Section 1 of the 1866 Civil Rights Act from a century of quiescence: All citizens of the United States shall have the same right, in every State and Territory, as is enjoyed by white citizens thereof to inherit, purchase, lease, sell, hold, and convey real and personal property. Jones v. Alfred H.... 1971
George Lefcoe HUD'S AUTHORITY TO MANDATE TENANTS' RIGHTS IN PUBLIC HOUSING 80 Yale Law Journal 463 (January, 1971) The Secretary of the U.S. Department of Housing and Urban Development has recently mandated more favorable lease terms and grievance procedures for the 2.5 million tenants who reside in public housing. This action grew out of a series of meetings conducted by HUD with representatives of tenants and the local agencies which manage public housing. In... 1971
  LANDLORD-TENANT - LANDLORD'S VIOLATION OF HOUSING CODE DURING LEASE TERM IS BREACH OF IMPLIED WARRANTY OF HABITABILITY CONSTITUTING PARTIAL OR TOTAL DEFENSE TO AN EVICTION ACTION BASED ON NONPAYMENT OF RENT. - JAVINS v. FIRST NATIONAL REALTY CORP., 42S F. 84 Harvard Law Review 729 (January, 1971) In April 1966, First National Realty Corporation as landlord filed separate actions seeking possession of premises occupied by Javins and two other tenants based on their failure to pay rent. Admitting nonpayment, the tenants alleged as an equitable defense that since commencement of their lease terms approximately 1500 violations of the Housing... 1971
Bruce Ackerman REGULATING SLUM HOUSING MARKETS ON BEHALF OF THE POOR: OF HOUSING CODES, HOUSING SUBSIDIES AND INCOME REDISTRIBUTION POLICY 80 Yale Law Journal 1093 (May, 1971) The general failure of city officials to embark on a sustained and comprehensive program of housing code enforcement may be explained by a variety of factors: housing codes often contain obsolete or impractical requirements; successful code enforcement does notyield great political dividends for the incumbent administration; since code enforcement... 1971
William T. Hankinson REMEDIES 50 Texas Law Review 204 (December, 1971) A Mississippi real estate developer offered lots for sale by promotional form letters stipulating that the purchaser be white. Lee, a Negro, received one of the letters, attempted to purchase a lot, and was rebuffed. When Lee sued to enforce his rights to buy real estate under the 1866 Civil Rights Act (now section 1982 of Title 42), the district... 1971
  2. OPEN HOUSING AND THE CIVIL RIGHTS ACT OF 1866 84 Harvard Law Review 82 (November, 1970) In 1968, in Jones v. Alfred H. Mayer Co., the Supreme Court held that 42 U.S.C. ยง 1982 prohibited racial discrimination by private individuals in the sale or rental of housing. Last Term in Sullivan v. Little Hunting Park, Inc., Mr. Justice Douglas, writing for a five-man majority, expanded the scope of section 1982, holding that it also prohibits... 1970
  GAUTREAUX v. PUBLIC HOUSING AUTHORITY: EQUAL PROTECTION AND PUBLIC HOUSING 118 University of Pennsylvania Law Review 437 (January, 1970) The recent decision of Gautreaux v. Chicago Housing Authority took a step that went both too far and not far enough in the developing area of judicial intervention in the administration of public housing programs. In that case, plaintiffs, Negro tenants in and applicants for public housing in Chicago, brought suit against the Chicago Housing... 1970
  HOUSING - PUBLIC HOUSING - DISTRICT COURT ORDERS HOUSING AUTHORITY NOT TO BUILD IN BLACK GHETTO AND TO INSTITUTE NEW TENANT ASSIGNMENT PLAN IN ORDER TO REMEDY PAST DISCRIMINATORY PRACTICES. - GAUTREAUX v. CHICAGO HOUSING AUTHORITY, NO. 66C 1459 (N.D. ILL. 83 Harvard Law Review 1441 (April, 1970) Black public housing tenants and applicants brought a class action against the Chicago Housing Authority (CHA) alleging that the CHA had designed its tenant assignment and site selection procedures to maintain the existing pattern of racial residential segregation in the city. They claimed violations of their rights under the fourteenth amendment... 1970
Arthur Earl Bonfield PUBLIC PARTICIPATION IN FEDERAL RULEMAKING RELATING TO PUBLIC PROPERTY, LOANS, GRANTS, BENEFITS, OR CONTRACTS 118 University of Pennsylvania Law Review 540 (February, 1970) In 1941 the Attorney General's Committee on Administrative Procedure concluded that the rulemaking processes of federal agencies should be adapted to giving adequate opportunity to all persons affected to present their views, the facts within their knowledge, and the dangers and benefits of alternative courses. The Committee realized that the... 1970
Norman D. Peel, Garth E. Pickett, Stephen T. Buehl RACIAL DISCRIMINATION IN PUBLIC HOUSING SITE SELECTION 23 Stanford Law Review 63 (November, 1970) During the past year, two federal district courts and a state appellate court have examined the problem of racial discrimination in the selection of sites for public housing, and each has found that the selections in question were made in a discriminatory manner. The racial integration of public housing has been as slow a process as that of private... 1970
Irving H. Welfeld A NEW FRAMEWORK FOR FEDERAL HOUSING AIDS 69 Columbia Law Review 1355 (December, 1969) The issue that Congress faces when it considers housing legislation is not whether, but how the government should provide assistance in order to assure decent housing for all families. The premise that the government has a duty to see that all its citizens are adequately housed is now accepted. As Senator Taft, an outstanding spokesman of... 1969
Garey B. Spradley CONSTITUTIONAL LAW 47 Texas Law Review 1454 (November, 1969) When an Akron, Ohio real estate agent refused to show appellant any listed houses because she was a Negro, appellant sought to invoke a fair housing ordinance enacted in 1964 by the City Council. The city informed her that the ordinance had been repealed by a city charter amendment that rendered fair housing ordinances ineffective until approved by... 1969
  CONSTITUTIONAL LAW -- EQUAL PROTECTION OF THE LAWS -- PROPOSED RESOLUTION BARRING CITY COUNCIL FROM ENACTING ANY OPEN HOUSING LEGISLATION IS UNCONSTITUTIONAL AND MUNICIPAL REFERENDUM MAY BE ENJOINED. -- OTEY V. COMMON COUNCIL, 281 F. SUPP. 264 (E.D. WIS. 82 Harvard Law Review 1550 (May, 1969) Plaintiff, a black resident of Milwaukee, brought a class action against the City's Common Council seeking to enjoin a municipal referendum on a proposed resolution. The resolution, which would have barred the Common Council from enacting any law in any manner restricting the right of owners of real estate to sell, lease or rent private property,... 1969
  EQUAL PROTECTION AND PROPERTY QUALIFICATIONS FOR ELECTIVE OFFICE 118 University of Pennsylvania Law Review 129 (November, 1969) Approximately fifty miles west of Detroit lies the sleepy little town of Plymouth, Michigan, whose population is about 9,000. The citizens of Plymouth have proclaimed it The City of Homes, because eighty to eighty-five per cent of the dwelling units there are privately owned houses. Peter D. Schweitzer lived in one of the remaining fifteen to... 1969
Lawrence M. Friedman , James E. Krier A NEW LEASE ON LIFE: SECTION 23 HOUSING AND THE POOR 116 University of Pennsylvania Law Review 611 (February, 1968) American efforts in public housing began in earnest during the 1930's; in the early years there were high hopes for the program's success. Since the end of the Second World War, however, the program has been unpopular with Congress, and has suffered from bad publicity, a bad public image and a constant lack of funds and imagination. Governmental... 1968
  A PROPOSAL TO END THE RACE TO THE COURT HOUSE IN APPEALS FROM FEDERAL ADMINISTRATIVE ORDERS 68 Columbia Law Review 166 (January, 1968) One morning in 1961, the National Labor Relations Board called a news conference to announce a decision in an unfair labor practice case of unusual interest. As the decision was announced, the two opposing parties stood poised to commence proceedings for an appeal. Within five minutes of the decision, the attorney for the company telephoned the... 1968
  GOVERNMENT PROGRAMS TO ENCOURAGE PRIVATE INVESTMENT IN LOW-INCOME HOUSING 81 Harvard Law Review 1295 (April, 1968) The continued failure of private industry and government to eliminate inadequate housing in the United States demonstrates the need for new concepts in national housing policy. Within metropolitan areas almost one-sixth of all families and over two-fifths of nonwhite families live in housing classified as substandard, deteriorating, or... 1968
  OPEN HOUSING AND THE CIVIL RIGHTS ACT OF 1866 82 Harvard Law Review 95 (November, 1968) In Jones v. Alfred H. Mayer Co., the Court examined a little-used section of the Civil Rights Act of 1866 and found it to contain a prohibition of private discrimination in the sale or rental of property. The petitioner, a Negro, had alleged that respondents refused to sell him a home in a St. Louis suburb solely on account of his race. He invoked,... 1968
Marilyn J. Melkonian , Peter A. Whitman THE OAKLAND LEASED HOUSING PROGRAM 20 Stanford Law Review 538 (February, 1968) The leased housing program was enacted by the Congress in August 1966. It was the first major innovation in the operation of public housing programs in 30 years. The emphasis in the leasing program was placed on utilization of existing private housing rather than construction of new public housing projects. The federal leasing program was a... 1968
  THE POWER OF A HOUSE OF CONGRESS TO JUDGE THE QUALIFICATIONS OF ITS MEMBERS 81 Harvard Law Review 673 (January 1, 1968) On March 1, 1967, the House of Representatives voted to exclude from the Ninetieth Congress Adam Clayton Powell, Jr., who had for the twelfth consecutive time been returned to Congress by the voters of the Eighteenth Congressional District of New York. Powell's exclusion was evidently based in large part on the findings of the reporting committee... 1968
Robert Ellickson GOVERNMENT HOUSING ASSISTANCE TO THE POOR 76 Yale Law Journal 508 (January, 1967) Low-income families are usually understood to have a special claim to government housing assistance. When Congress offers a housing benefit to the rest of the population, the subsidy is disguised as a low-interest loan, mortgage insurance, or the sale of land at less than fair market value. Only units that serve the poor receive direct, cash... 1967
Patrick J. Rohan COOPERATIVE HOUSING: AN APPRAISAL OF RESIDENTIAL CONTROLS AND ENFORCEMENT PROCEDURES 18 Stanford Law Review 1323 (June, 1966) In the era following World War II, many observers viewed cooperative housing as the ultimate source of shelter for practically every income group. Disenchantment set in, however, as overly optimistic projections failed to materialize and lawsuits against sponsors (grounded in exorbitant profits, mismanagement, or worse) became commonplace. More... 1966
  ENFORCEMENT OF MUNICIPAL HOUSING CODES 78 Harvard Law Review 801 (February, 1965) Many factors contribute to the development of slums. When signs of blight or impending racial or economic change appear, financial institutions, anticipating a potential drop in market value, become reluctant to invest in an area. Responsible individuals are deterred from purchasing buildings, and present owners may be unable to finance... 1965
  DUE PROCESS OF LAW โ€“ IN GENERAL โ€“ FAIR HOUSING ACT IS CONSTITUTIONAL BUT COMMISSION'S POWER TO ISSUE "APPROPRIATE" ORDERS IS TOO BROAD. โ€“ COLORADO ANTI-DISCRIMINATION COMM'N V. CASE (COLO. 1962) 77 Harvard Law Review 553 (January, 1964) In common with ten other states, Colorado prohibits racial discrimination in the sale or rental of housing, whether privately or publicly financed. Acting under this legislation the Colorado Anti-Discrimination Commission found that J. L. Case, a realtor, had refused to sell a home to Mr. and Mrs. Rhone, who had made a bona fide offer and tendered... 1964
Laurence D. Pearl , Benjamin B. Terner SURVEY: FAIR HOUSING LAWS-DESIGN FOR EQUAL OPPORTUNITY 16 Stanford Law Review 849 (July, 1964) Now, albeit almost two centuries after the Declaration of Independence, and a century after the Fourteenth Amendment, the responsible political force of our national and state government is laboring to make these inspiring words mean what they say and is joined in this effort by our major religious groups and great numbers of private citizens who... 1964
  "SUITABLE HOME" TESTS UNDER SOCIAL SECURITY: A FUNCTIONAL APPROACH TO EQUAL PROTECTION 70 Yale Law Journal 1192 (June, 1961) Legislative proposals now being considered by Congress to overrule a recent decision by the Secretary of Health, Education and Welfare to withhold federal funds from states imposing certain eligibility requirements upon the receipt of benefits under the Social Security Act may compel reexamination of the scope and meaning of the equal protection... 1961
  BENIGN QUOTAS: A PLAN FOR INTEGRATED PRIVATE HOUSING 70 Yale Law Journal 126 (November, 1960) Progress Development Corporation was organized to construct and sell racially integrated single occupancy housing in Deerfield, Illinois, an all white upper middleclass suburb of Chicago. In April, 1959, and at subsequent dates, Progress acquired twenty-two acres of land on which it intended to erect fifty-one homes. Because Negroes comprised... 1960
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