Manal Totry-Jubran TRANSITIONAL JUSTICE IN HOUSING INJUSTICE: THE CASE OF HOUSING RIGHTS VIOLATIONS WITHIN SETTLER DEMOCRACIES 52 Vanderbilt Journal of Transnational Law 795 (October, 2019) The right to housing is recognized by international human rights treaties as an integral part of the right to an adequate standard of living. Many states have ratified these treaties and incorporated protection of some aspects of housing rights into their constitutions and domestic legislation. Other states have not enacted any legislation in... 2019
Olatunde C.A. Johnson UNJUST CITIES? GENTRIFICATION, INTEGRATION, AND THE FAIR HOUSING ACT 53 University of Richmond Law Review 835 (March, 2019) What does gentrification mean for fair housing? This article considers the possibility that gentrification should be celebrated as a form of integration alongside a darker narrative that sees gentrification as necessarily unstable and leading to inequality or displacement of lower-income, predominantly of color, residents. Given evidence of both... 2019
Oluchukwu Richard Amagwula URBAN DECAY: THE AFFORDABLE HOUSING CRISIS AND THE UNDERDEVELOPMENT OF URBAN COMMUNITIES 43 Thurgood Marshall Law Review Online I (Spring, 2019) Introduction 1 The Purpose of Affordable housing The Importance of Affordable Housing Background 3 A. History of Lower Income Housing 3 B. Demographics 6 C. Geographical locations 7 D. Government Issues Affecting housing 8 o Underfunding 8 o Governance by the Department of Housing & Urban Development 10 Understanding Affordable Housing Crisis... 2019
  VIRGINIA HOUSE OF DELEGATES v. BETHUNE-HILL (18-281) 66-AUG Federal Lawyer 80 (July/August, 2019) The Virginia House of Delegates argues that it not only has the proper standing to appeal the district court's decision rejecting its redistricting plan, but also that race did not impermissibly predominate in the redistricting process. But even if race did predominate, the Virginia House further contends that its redistricting plan satisfies... 2019
Rigel C. Oliveri VOUCHERS AND AFFORDABLE HOUSING: THE LIMITS OF CHOICE IN THE POLITICAL ECONOMY OF PLACE 54 Harvard Civil Rights-Civil Liberties Law Review 795 (Summer, 2019) America's housing segregation problem, and the direct role of government and private actors in creating it, is well documented. What to do about it is less clear. And even when consensus develops about particular strategies, they can be difficult to implement because of significant headwinds that impede change. These headwinds--including market... 2019
Ann M. Aviles , David O. Stovall WHEN "CLASS" EXPLANATIONS DON'T CUT IT: SPECTERS OF RACE, HOUSING INSTABILITY, AND EDUCATION POLICY 19 University of Maryland Law Journal of Race, Religion, Gender and Class 166 (Spring, 2019) Race also matters because of persistent racial inequality in society-- inequality that cannot be ignored and that has produced stark socioeconomic disparities .. And race matters for reasons that really are only skin deep, that cannot be discussed any other way, and that cannot be wished away. Race matters to a young man's view of society when he... 2019
Alisha Jarwala , Sejal Singh WHEN DISABILITY IS A "NUISANCE": HOW CHRONIC NUISANCE ORDINANCES PUSH RESIDENTS WITH DISABILITIES OUT OF THEIR HOMES 54 Harvard Civil Rights-Civil Liberties Law Review 875 (Summer, 2019) Over the last fifteen years, municipalities across the United States have enacted chronic nuisance ordinances (CNOs), presenting a growing but under-examined threat to fair housing for people with disabilities. CNOs are local ordinances, usually at the city or county level, that label a broad array of conduct nuisance behavior. Definitions of... 2019
Kate O'Reilly-Jones WHEN FIDO IS FAMILY: HOW LANDLORD-IMPOSED PET BANS RESTRICT ACCESS TO HOUSING 52 Columbia Journal of Law and Social Problems 427 (Spring, 2019) Renters today face widespread landlord-imposed pet restrictions. At the same time, Americans increasingly view their pets as family members, and many do not see giving up their animals as an option when looking for housing. Consequently, pet-owning renters often struggle to find suitable places to live and end up compromising on quality, location,... 2019
Alexis Karteron WHEN STOP AND FRISK COMES HOME: POLICING PUBLIC AND PATROLLED HOUSING 69 Case Western Reserve Law Review 669 (Spring, 2019) In response to programmatic stop-and-frisk, police killings, and other recent controversies in American policing, many have called for smart policing--the evidence-based deployment of police resources. An often-heralded example of smart policing is hot spots policing, which involves directing police attention to locations where crime and disorder... 2019
Michael A. Carrier WHY PROPERTY LAW DOES NOT SUPPORT THE ANTITRUST ABANDONMENT OF STANDARDS 57 Houston Law Review 265 (Symposium, 2019) Property is being hijacked. In property law itself, it is well-recognized that owners' rights are accompanied by robust limits. No one familiar with property law could reasonably claim that property owners have absolute rights to exclude. But when the concept of property is exported elsewhere, those limits are sometimes forgotten. Such a version of... 2019
Spencer Bailey WINNING THE BATTLE AND THE WAR AGAINST HOUSING DISCRIMINATION: POST-ACQUISITION DISCRIMINATION CLAIMS UNDER THE FAIR HOUSING ACT 28 Journal of Affordable Housing & Community Development Law 223 (2019) I. Introduction. 224 II. Pre-Fair Housing Act History. 225 III. The Fair Housing Act. 227 A. Text of the Fair Housing Act. 228 1. 42 U.S.C. § 3604. 228 2. 42 U.S.C. § 3617. 231 B. Legislative History of the Fair Housing Act. 231 C. Interpretation of the Fair Housing Act. 233 IV. Current Case Law on Post-Acquisition Discrimination Claims. 234 A.... 2019
Quinn Marker ZONING FOR ALL! DISPARATE IMPACT LIABILITY AMIDST THE AFFORDABLE HOUSING CRISIS 88 University of Cincinnati Law Review 1105 (2019) The United States has a housing problem. At its most basic and unforgiving level, the housing crisis threatens to displace millions of Americans each year. Millions more teeter on the edge of eviction on a near constant basis, plagued by dwindling emergency funds, low wages, and rising rents. The number of households impacted by this set of... 2019
Bernadette Atuahene "OUR TAXES ARE TOO DAMN HIGH": INSTITUTIONAL RACISM, PROPERTY TAX ASSESSMENTS, AND THE FAIR HOUSING ACT 112 Northwestern University Law Review 1501 (2018) Abstract--To prevent inflated property tax bills, the Michigan Constitution prohibits property tax assessments from exceeding 50% of a property's market value. Between 2009 and 2015, the City of Detroit assessed 55%-85% of its residential properties in violation of the Michigan Constitution, and these unconstitutional assessments have had dire... 2018
David Rudin "YOU CAN'T BE HERE": THE HOMELESS AND THE RIGHT TO REMAIN IN PUBLIC SPACE 42 New York University Review of Law and Social Change 309 (2018) In cities throughout the country, homeless individuals are continuously relocated from place to place and faced with the quandary that by engaging in basic life activities they are breaking the law. Many of these individuals and their legal advocates have argued that laws prohibiting the homeless from sleeping or sitting down in public make it... 2018
Brenna R. McLaughlin #AIRBNBWHILEBLACK: REPEALING THE FAIR HOUSING ACT'S MRS. MURPHY EXEMPTION TO COMBAT RACISM ON AIRBNB 2018 Wisconsin Law Review 149 (2018) The advent of Airbnb has created a chasm of liability between America's newest lodging category and our nation's fair housing laws. Developed in 2008, Airbnb offers travelers a way to bypass expensive hotels by renting space from home owners and lease holders through advertisements on Airbnb's website. Users book their accommodations directly from... 2018
Audrey Cillo A LEGISLATIVE HOME FOR IMMIGRATION POWER 80 University of Pittsburgh Law Review 481 (Winter 2018) The immigration problem transcends time, state borders, and even national borders. The problem magnetizes a spectrum of advocates, from rights-based thinkers calling for freedom of movement as an international human right to nativists demanding America First. And as with any charged political topic, there is a power struggle over who controls... 2018
Paula A. Franzese A PLACE TO CALL HOME: TENANT BLACKLISTING AND THE DENIAL OF OPPORTUNITY 45 Fordham Urban Law Journal 661 (April, 2018) Introduction. 662 I. The Practice of Tenant Blacklisting. 666 II. In Their Own Words: Tenants' Stories. 673 A. Yanira Cortes. 674 B. Ada Lopez. 678 C. Maurice Smith. 679 D. Lori Dibble. 681 E. Ebony Watson. 682 F. Roger Ross. 684 G. Elaine Piccione. 686 III. The Experience of Tenant Blacklisting: Common Themes. 688 IV. Towards Meaningful Federal... 2018
James Naughton A REFLECTION ON THE CONTRACTS BUYERS LEAGUE: A HISTORY OF RESISTANCE TO INEQUITABLE HOUSING IN CHICAGO 24 Public Interest Law Reporter 1 (Fall, 2018) The historian Thomas Philpott once described Chicago's ghetto, which was a place where segregation was practically total, essentially involuntary, and also perpetual. As America faced the Financial Crisis of 2008 and the housing market plummeted, many Americans failed to realize this housing crisis was only a relatively small page in a long... 2018
Deborah Thrope ACHIEVING HOUSING CHOICE AND MOBILITY IN THE VOUCHER PROGRAM: RECOMMENDATIONS FOR THE ADMINISTRATION 27 Journal of Affordable Housing & Community Development Law 145 (2018) Housing Choice Vouchers help deconcentrate poverty and improve the lives of low-income families. There is evidence, however, that the program has failed to meet its housing choice and mobility goals. Tenants with a voucher disproportionately live in low-rent, racially segregated neighborhoods. In fact, almost a quarter million children in the... 2018
Jay Michael Patterson AGGRESSIVELY AND AFFIRMATIVELY FURTHERING FAIR HOUSING: GRANTEES OBLIGATED TO LITIGATE 87 Mississippi Law Journal 859 (2018) Introduction. 860 I. Background. 861 A. History of the Affirmatively Further Duty. 862 1. Judicial Interpretation. 863 2. Clinton Executive Order. 864 3. Failure to Enforce. 865 4. 2015 New Rule. 867 II. Discussion. 869 A. Defining Meaningful Action to Affirmatively Further Fair Housing. 869 B. Litigation as Meaningful Action to Affirmatively... 2018
Nyasha Buchongo AN AGGRIEVED CITY: HOW AN ENTIRE MUNICIPALITY SUED BANK OF AMERICA OVER HOUSING DISCRIMINATION PRACTICES 40 University of La Verne Law Review 87 (Fall, 2018) Abstract. 88 I. Introduction. 88 II. Current Law. 92 III. An Aggrieved Person. 93 IV. Disparate-Impact Under the Fair Housing Act. 93 V. Appling the Aggrieved Person Standard to Cities. 96 VI. Using Parens Patriae AS a Strategy to Seek Remedy. 98 VII. The Proof of the Claim: An Argument for Foreseeability. 100 VIII. Contours of Proximate Cause. 103... 2018
Megan Haberle AN EVOLVING FAIR HOUSING MOVEMENT: FORGING NEW PARTNERSHIPS AND AGENDAS ACROSS POLICY AREAS 27 Journal of Affordable Housing & Community Development Law 45 (2018) The fiftieth anniversary of the federal Fair Housing Act (FHA) this year presents an opportunity for celebration and reflection during a tumultuous political time. The civil rights community has occasion to take stock of our progress as a nation over the past fifty years; our continuing need for action to achieve the FHA's aims; and how evolving... 2018
William J. Diehl AN OLYMPIC RELAY RACE--PASSING ATLANTA'S PUBLIC HOUSING TO PUBLIC-PRIVATIVE PARTNERSHIPS FROM THE 1996 OLYMPIC GAMES TO TODAY 26 Journal of Affordable Housing & Community Development Law 575 (2018) I. Public Housing Policy, Private Investment, and Urban Development. 578 II. Carving Up Atlanta's Public Housing. 583 A. Pre-HOPE VI Plans for the Redevelopment of Techwood-Clark Howell Homes. 583 B. The HOPE VI Incentivized Redevelopment of Techwood-Clark Howell Homes. 586 III. Do Public-Private Partnerships Take Home the Gold Medal?. 588 A.... 2018
Alan M. White BANK OF AMERICA v. CITY OF MIAMI: STANDING AND CAUSATION UNDER THE FAIR HOUSING ACT 51 Loyola of Los Angeles Law Review 413 (2018) Progress towards racial equality in America has been a long journey, of many steps forward and many steps backward. The crisis of 2007-2008 was a large step backwards in the struggle for economic equality, in which the homeownership gains of African-Americans during the 1980s and 1990s were submerged in a historic wave of foreclosures and home... 2018
James W. Ely, Jr BUCHANAN AND THE RIGHT TO ACQUIRE PROPERTY 48 Cumberland Law Review 423 (2017-2018) It is most appropriate to mark the 100th anniversary of the significant Supreme Court opinion in Buchanan v. Warley. Despite some renewed interest by scholars, this landmark ruling has not received the recognition it deserves. In Buchanan the Supreme Court invalidated a Louisville ordinance imposing residential segregation in the city by barring... 2018
Alyosha Goldstein BY FORCE OF EXPECTATION: COLONIZATION, PUBLIC LANDS, AND THE PROPERTY RELATION 65 UCLA Law Review Discourse 124 (2018) This Essay argues that federal land policy as a form of colonial administration has been constitutive for the logic of expectation as property in what is now the United States. From the state land cessions negotiated on behalf of the Articles of Confederation to the preemption acts (1830-1841) to the homestead acts (1862-1916) to present-day... 2018
Jennifer Hernandez CALIFORNIA ENVIRONMENTAL QUALITY ACT LAWSUITS AND CALIFORNIA'S HOUSING CRISIS 24 Hastings Environmental Law Journal 21 (Winter, 2018) The California Environmental Quality Act (CEQA) continues to play a vital role in assuring that our state and local agencies carefully evaluate, disclose, and avoid or reduce the potentially adverse environmental consequences of their actions. In addition, CEQA ensures that agencies consider and respond to public and agency comments on these... 2018
Stephen R. Miller, J.D., M.C.P., Editor-in-Chief California Environmental Quality Act Lawsuits and California's Housing Crisis 47 No. 1 Real Estate Review Journal 4 (Spring 2018) Jennifer Hernandez practices environmental and land use law in the San Francisco and Los Angeles offices of Holland & Knight. Many other members of Holland & Knight contributed to the study of CEQA lawsuits evaluated in this article, including Elizabeth Lake, Tamsen Plume, Amanda Monchamp, Nicholas Targ, Charles Coleman, David Preiss, Susan Booth,... 2018
Sydney Pierce CHALLENGING PROPERTY TAX FORECLOSURE POLICIES UNDER THE FAIR HOUSING ACT: LESSONS FROM MORNINGSIDE 90 Temple Law Review Online 1 (Fall, 2018) Since the collapse of the housing market in 2008, there has been enhanced legal scrutiny of mortgage foreclosure practices in the form of federal legislation and hundreds of local and state programs to stem the tide of foreclosures and keep families in their homes. At the same time, property tax foreclosure--which has been called The Other... 2018
Meris L. Bergquist CIVIL RIGHTS/ANTI-DISCRIMINATION--HOW THE MASSACHUSETTS LEAD POISONING PREVENTION AND CONTROL ACT CODIFIES SYSTEMIC HOUSING DISCRIMINATION AGAINST FAMILIES WITH CHILDREN IN VIOLATION OF THE FEDERAL FAIR HOUSING ACT 40 Western New England Law Review 1 (2018) This Article asserts that the Massachusetts Lead Poisoning Prevention and Control Act violates the federal Fair Housing Act (FHA) by discriminating against families with children under age six. The Massachusetts Lead Law was hailed as a ground-breaking effort to prevent childhood lead poisoning when it was enacted in 1971. However, because it... 2018
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