| Author | Title | Citation | Summary | Year |
| Robert G. Schwemm |
SEGREGATIVE-EFFECT CLAIMS UNDER THE FAIR HOUSING ACT |
20 NYU Journal of Legislation and Public Policy 709 (2017) |
Introduction. 710 I. Principles for Proving Segregative Effect in FHA Cases. 712 A. Basic Framework of a FHA Segregative-Effect Claim: The Three Steps. 712 B. Distinguishing Disparate-Impact from Segregative-Effect Claims. 713 C. Segregative-Effect Cases Before and After HUD's 2013 Regulation. 715 1. Foundation Cases: Black Jack, Arlington Heights,... |
2017 |
| Louis S. Rulli |
SEIZING FAMILY HOMES FROM THE INNOCENT: CAN THE EIGHTH AMENDMENT PROTECT MINORITIES AND THE POOR FROM EXCESSIVE PUNISHMENT IN CIVIL FORFEITURE? |
19 University of Pennsylvania Journal of Constitutional Law 1111 (June, 2017) |
Civil forfeiture laws permit the government to seize and forfeit private property that has allegedly facilitated a crime without ever charging the owner with any criminal offense. The government extracts payment in kind--property-- and gives nothing to the owner in return, based upon a legal fiction that the property has done wrong. As such, the... |
2017 |
| Solangel Maldonado |
SHARING A HOUSE BUT NOT A HOUSEHOLD: EXTENDED FAMILIES AND EXCLUSIONARY ZONING FORTY YEARS AFTER MOORE |
85 Fordham Law Review 2641 (May, 2017) |
Moore v. City of East Cleveland is undeniably a victory for extended families that do not conform to the nuclear family form because the state can no longer prevent them from living together in one household. In particular, it is a victory for families of color, immigrants, and economically vulnerable families who are more likely to reside with... |
2017 |
| Vicki Been, Leila Bozorg |
SPIRALING: EVICTIONS AND OTHER CAUSES AND CONSEQUENCES OF HOUSING INSTABILITY EVICTED: POVERTY AND PROFIT IN THE AMERICAN CITY. BY MATTHEW DESMOND. NEW YORK, N.Y.: CROWN PUBLISHERS. 2016. PP. XI, 418. $28.00 |
130 Harvard Law Review 1408 (March, 2017) |
Our discussions about the nation's housing affordability crisis usually begin with challenges in the market: the population of renters is increasing in metropolitan areas across the United States, the supply of rental housing is not keeping pace, and the supply that does exist is increasingly priced out of reach for the typical renter. Changes in... |
2017 |
| Cassandra Jones Havard |
THE COMMUNITY REINVESTMENT ACT, BANKS, AND THE LOW INCOME HOUSING TAX CREDIT INVESTMENT |
26 Journal of Affordable Housing & Community Development Law 415 (2017) |
I. Introduction. 415 II. Identifying Congruencies. 417 A. LIHTC and the CRA. 417 B. Affordable Housing Success. 418 1. CRA and the LIHTC Program. 418 2. CRA and Housing Finance Agencies (HFAs). 421 III. CRA and LIHTC. 423 A. Pricing. 424 B. Syndication. 425 C. Geography. 427 IV. Proposed Reforms. 430 A. Pricing. 430 B. Syndication. 431 C.... |
2017 |
| Alan Mallach |
THE ELUSIVE GOAL OF A DECENT HOME AND A SUITABLE LIVING ENVIRONMENT: CONFRONTING TODAY'S HOUSING CHALLENGES |
51 University of San Francisco Law Review 75 (2017) |
DECENT HOUSING IS A FUNDAMENTAL HUMAN NEED, and how to address that need is an issue that has bedeviled not only the United States, but also every developed nation, for the past hundred years or more. In the United States, while there had been limited federal engagement with housing policy during the early part of the 20th century, it was during... |
2017 |
| David Reiss |
THE FEDERAL HOUSING ADMINISTRATION AND AFRICAN-AMERICAN HOMEOWNERSHIP |
26 Journal of Affordable Housing & Community Development Law 123 (2017) |
The United States Federal Housing Administration (FHA) has been a versatile tool of government since it was created during the Great Depression. It achieved success with some of its goals and had a terrible record with others. Its impact on African-American households falls, in many ways, into the latter category. The FHA began redlining... |
2017 |
| Nancy Leong |
THE FIRST AMENDMENT AND FAIR HOUSING IN THE PLATFORM ECONOMY |
78 Ohio State Law Journal 1001 (2017) |
The platform economy--a marketplace made up of businesses that profit by connecting providers of goods and services with users of those goods and services--challenges us to reevaluate our antidiscrimination laws. This Article considers one such challenge: how should public accommodation laws such as Title II of the Civil Rights Act of 1964 and the... |
2017 |
| Richard Marsico |
THE HARMS OF RACE-NEUTRALITY IN OBAMA-ERA AFFORDABLE HOUSING POLICY |
9 Georgetown Journal of Law & Modern Critical Race Perspectives 175 (Fall, 2017) |
Today, public housing provides support for the least well-off in society, and its purpose is to assist those who would otherwise be unable to compete for housing in the private market. However, public housing was not originally intended to serve such a purpose. It originated under the New Deal to serve struggling middle class families during the... |
2017 |
| Andrew Howell |
THE IMPACTS OF ALLOWING CITIES TO HAVE STANDING AGAINST PREDATORY LENDERS UNDER THE FAIR HOUSING ACT |
7 University of Baltimore Journal of Land and Development 11 (Fall, 2017) |
Bank of America and Wells Fargo Banks are corporations that regularly deal in the area of real-estate transactions Notably, the Banks lend money to persons who meet certain requirements. These borrowers then reimburse the Banks the money lent to them as well as interest on the money borrowed, over a period time. The Banks were supposedly... |
2017 |
| Conor Arpey |
THE MULTIFACETED MANIFESTATIONS OF THE POOR DOOR: EXAMINING FORMS OF SEPARATION IN INCLUSIONARY HOUSING |
6 American University Business Law Review 627 (2017) |
Introduction. 628 II. The Development of Inclusionary Housing Programs. 630 A. The MPDU Program's Legal and Demographic Context. 631 B. Federal Housing Discrimination Standards for Municipal Zoning Ordinances. 632 C. Statutory Changes to New York's 421-a Program. 637 III. Assessing the Viability of a Potential Disparate Impact Claim and the... |
2017 |
| Chad Marzen , Darren A. Prum , Robert J. Aalberts |
THE NEW SHARING ECONOMY: THE ROLE OF PROPERTY, TORT, AND CONTRACT LAW FOR MANAGING THE AIRBNB MODEL |
13 NYU Journal of Law & Business 295 (Winter, 2017) |
L1-2Introduction . L3296 I. The Airbnb Model: The Role of Property, Tort, and Contract Law. 298 A. The Airbnb Model. 298 B. The Airbnb Model and Traditional Liability Issues. 301 1. Premises Liability. 304 2. Nuisance. 307 3. Right to Privacy: Intrusion on Seclusion. 311 4. Property Damage or Loss. 313 a. Conversion. 314 b. Negligence. 315 II.... |
2017 |
| Jonathan Zasloff |
THE PRICE OF EQUALITY: FAIR HOUSING, LAND USE, AND DISPARATE IMPACT |
48 Columbia Human Rights Law Review 98 (Spring, 2017) |
Zoning may be good or bad, but the Fair Housing Act is not the charter of its abolition. --Richard A. Posner Well, that was a surprise. Few expected that the Supreme Court would uphold disparate-impact liability under the Fair Housing Act (FHA), but in Texas Department. of Community Affairs v. Inclusive Communities Project, it did so. The decision... |
2017 |
| Sam Magavern , Aaron Bartley |
THE PUSH GREEN DEVELOPMENT ZONE: BUILDING HOUSING EQUITY FROM THE GROUND UP |
65 Buffalo Law Review 237 (January, 2017) |
The struggle for housing equity requires multiple strategies that vary from region to region and change over time. In this article, we describe one effort that is finding success in Buffalo, New York: the creation of a Green Development Zone through a combination of community organizing, policy advocacy, workforce development, green, affordable... |
2017 |
| Michael J. Bazyler , Rajika L. Shah |
THE UNFINISHED BUSINESS OF THE ARMENIAN GENOCIDE: ARMENIAN PROPERTY RESTITUTION IN AMERICAN COURTS |
23 Southwestern Journal of International Law 223 (2017) |
Abstract: Because of its striking success, the modern Holocaust restitution movement was initially seen as a model for other victim groups seeking compensation in American courts for financial injustices committed on a large scale by public entities and complicit private actors during a genocide or other mass atrocities. Lawyers seeking restitution... |
2017 |
| Mark A. Rothstein, Laura Rothstein |
THE USE OF GENETIC INFORMATION IN REAL PROPERTY TRANSACTIONS |
31-JUN Probate and Property 12 (May/June, 2017) |
With the cost of genome sequencing continuing to decline and genomic information becoming more common in health records, it is foreseeable that entities with an economic interest in the future health status of individuals will be tempted to use predictive genetic information to assess the health risks of individuals who are parties to real property... |
2017 |
| Anita M. Cozart |
TRANSPORTATION MATTERS: CLOSING THE CHASM BETWEEN HOUSING AND TRANSPORTATION TO FOSTER COMMUNITIES OF OPPORTUNITY FOR ALL |
25 Journal of Affordable Housing & Community Development Law 219 (2017) |
Housing and transportation are integrally connected. However, historic approaches to urban development have not fully leveraged the connections. Some of the most vulnerable populations, including communities of color and low-income people, bear disproportionate burdens associated with that missed opportunity. Some of those burdens include lack of... |
2017 |
| Steven Cummings |
TWIQBAL, INC.: FINDING DISPARATE-IMPACT CLAIMS COGNIZABLE UNDER THE FAIR HOUSING ACT AND RAISING SERIOUS CONCERNS IN THE PROCESS |
80 Albany Law Review 381 (2016-2017) |
The Supreme Court generally leaves controversial cases to the end of the year, leading to a number of highly contested decisions being released all at once. The summer of 2015 was no exception, with several cases being deemed worthy of notice. However, some cases are more controversial than others, with same-sex marriage, lethal injection, and the... |
2017 |
| Eric Andrews |
WITHOUT A HOME AND HUNGARY: ASSESSING HUNGARY'S LEGAL RESPONSIBILITIES TO SYRIAN REFUGEES AND ITS DEROGATION OF RIGHTS DUE TO A DECLARED STATE OF EMERGENCY |
20 Gonzaga Journal of International Law 1 (January 1, 2017) |
The rights and obligations due to refugees is a complex system with many moving parts. In 1948 the United Nations created the Universal Declaration of Human rights. This was followed in 1950 with the European Convention on Human Rights (ECHR). Here, member nations first outlined the fundamental rights for nations belonging to the European Council.... |
2017 |
| Ernest F. Lidge III |
WRONGFULLY DISCHARGED IN-HOUSE COUNSEL: A PROPOSAL TO GIVE THE EMPLOYER A VETO OVER REINSTATEMENT WHILE GIVING THE TERMINATED LAWYER FRONT PAY |
52 Wake Forest Law Review 649 (Fall, 2017) |
There is an inherent tension between the laws dealing with the wrongful discharge of attorneys who hold in-house counsel positions and the ethical rules. On the one hand, employment laws protect employees, potentially including attorneys, from discriminatory discharges and other types of wrongful terminations. On the other hand, the ethical rules... |
2017 |
| Kelly Elizabeth Orians |
"I'LL SAY I'M HOME, I WON'T SAY I'M FREE": PERSISTENT BARRIERS TO HOUSING, EMPLOYMENT, AND FINANCIAL SECURITY FOR FORMERLY INCARCERATED PEOPLE IN LOW-INCOME COMMUNITIES OF COLOR |
25 National Black Law Journal 23 (2016) |
I. Introduction. 24 II. Context: Traditional Approaches to Reentry. 35 A. Controlling Employer Access to Information About Conviction History. 36 B. Rehabilitating People Who Are Convicted. 42 C. Providing Employers Incentives to Hire Formerly Incarcerated People and Focusing on Community Development More Generally.. 45 III. Using Conviction... |
2016 |
| S. Lamar Gardner |
#BLACKLIVESMATTER, DISPARATE-IMPACT, AND THE PROPERTY AGENDA |
43 Southern University Law Review 321 (Spring, 2016) |
C1-2Table of Contents Introduction. 322 Part I. The Fair Housing Act and the Disparate-Impact Theory Debate. 326 A. Overview of the Fair Housing Act. 326 1. History Leading up to the FHA. 327 2. Passage of the FHA and its Content. 329 B. The Burden of Proof. 332 1. Proving Intentional Discrimination. 332 2. Proving Merely Discriminatory Effect. 335... |
2016 |
| Richard J. D'Amato |
A "VERY SPECIFIC" HOLDING: ANALYZING THE EFFECT OF HOBBY LOBBY ON RELIGIOUS LIBERTY CHALLENGES TO HOUSING DISCRIMINATION LAWS |
116 Columbia Law Review 1063 (May, 2016) |
The Supreme Court's 2014 decision in Hobby Lobby v. Burwell sent shockwaves through the legal community. While many praised its broad interpretation of the Religious Freedom Restoration Act (RFRA) as a milestone in protecting religious liberty, others expressed concern that it would essentially turn RFRA and similar legislation on the state level... |
2016 |
| Raquel Smith |
A SEAT AT THE TABLE: CHANGING THE GOVERNING STRUCTURE OF LOW INCOME HOUSING TAX CREDIT PROGRAM ADMINISTRATION TO REFLECT CIVIL RIGHTS VALUES AND FAIR HOUSING |
6 Columbia Journal of Race and Law 193 (2016) |
The Low Income Housing Tax Credit (LIHTC) program is the largest existing program for the development of low-income affordable rental housing in the country. The program is administered by the United States Department of Treasury and the Office of Comptroller of the Currency (OCC), federal agencies by statute that have regulatory and... |
2016 |
| Jonathan Grant |
ADDRESS CONFIDENTIALITY AND REAL PROPERTY RECORDS: SAFEGUARDING INTERESTS IN LAND WHILE PROTECTING BATTERED WOMEN |
100 Minnesota Law Review 2577 (June, 2016) |
Unable to sleep, Jane Doe, a Connecticut woman, left the bedroom she shared with her husband to sleep on the couch in their living room. Later that night, her husband came out to the living room and said to his pregnant wife, I should just take both of you out right now. The beating he delivered after those words sent Jane to the hospital. Years... |
2016 |
| Courtney Lauren Anderson |
AFFIRMATIVE ACTION FOR AFFORDABLE HOUSING |
60 Howard Law Journal 105 (Fall, 2016) |
INTRODUCTION. 106 I. SEGREGATION IN PUBLIC HOUSING AND AFFORDABLE HOUSING. 111 A. Isolation and Integration. 114 B. Education and Segregation. 116 C. The Fair Housing Act. 117 D. Disparate Impact. 120 II. TEXAS DEPT. OF HOUSING & COMMUNITY AFFAIRS V. THE INCLUSIVE COMMUNITIES PROJECT, INC.. 126 A. The Texas Case Holding. 133 B. Limiting Disparate... |
2016 |
| James J. Kelly, Jr. |
AFFIRMATIVELY FURTHERING NEIGHBORHOOD CHOICE: VACANT PROPERTY STRATEGIES AND FAIR HOUSING |
46 University of Memphis Law Review 1009 (Summer 2016) |
I. Introduction. 1009 II. Affirmatively Furthering Fair Housing. 1013 III. Discussing Market-Sensitive Vacant Property Strategies in Assessments of Fair Housing and Consolidated Plans. 1026 |
2016 |
| Julia Garrison |
BECAUSE SEPARATE IS NOT EQUAL: THE DUTY TO AFFIRMATIVELY FURTHER FAIR HOUSING CAN HELP REVIVE SCHOOL INTEGRATION |
23 Georgetown Journal on Poverty Law and Policy 571 (Spring, 2016) |
Place Matters. The zip code where you live can determine what school you attend, whether you have access to grocery stores, whether you have access to public transportation, and whether you go to bed to the sound of gunshots or to a peaceful silence. Children raised in higher-opportunity areas commit fewer crimes, have access to better schools,... |
2016 |
| Katherine Hannah |
CARRYING OUT THE PROMISE: HOW SHARED EQUITY MODELS CAN SAVE AFFORDABLE HOUSING |
23 Georgetown Journal on Poverty Law and Policy 521 (Spring, 2016) |
Situated in the northwest quadrant of Washington, D.C. is a popular neighborhood with a rich history and lively population: Columbia Heights. Other than its nickname as part of the riot corridor, there is nothing unusually unique about this neighborhood, but Columbia Heights is one of many neighborhoods in D.C. and other parts of the United... |
2016 |
| Kristin Niver |
CHANGING THE FACE OF URBAN AMERICA: ASSESSING THE LOW-INCOME HOUSING TAX CREDIT |
102 Virginia Law Review Online 48 (June, 2016) |
ON June 25, 2015, the U.S. Supreme Court held that Low-Income Housing Tax Credit (LIHTC) allocations could violate the Fair Housing Act (FHA) if used to perpetuate racially concentrated poverty. On the heels of this decision, on July 8, 2015, the U.S. Department of Housing and Urban Development (HUD) issued its final rule on the FHA's... |
2016 |
| Ann Cammett |
CONFRONTING RACE AND COLLATERAL CONSEQUENCES IN PUBLIC HOUSING |
39 Seattle University Law Review 1123 (Summer, 2016) |
C1-2Contents Introduction. 1124 I. Race-Based Discrimination in Housing: An American History. 1125 A. Private Discrimination. 1126 B. State-Sponsored Discrimination. 1128 C. The Fair Housing Acts. 1131 D. The High Cost of Race Discrimination in Housing. 1132 II. Collateral Damage: The Racial Impact of Mass Criminalization in Public Housing. 1135 A.... |
2016 |
| Amanda R. Engel |
CONSTITUTIONAL CONCERNS IN SECTION 8 HOUSING: TRANSFER VOUCHER TERMINATIONS AND THE IMPACT ON PARTICIPANT FAMILIES |
94 Washington University Law Review 485 (2016) |
Currently, there is a procedural due process void in the existing Section 8 housing regulations, which is having immediate, harmful effects on program participants. When a Section 8 Housing Assistance Program participant wishes to move, he receives a transfer voucher from the local Public Housing Agency (PHA). The PHA then has the discretion to... |
2016 |
| Melissa Fussell |
DEAD MEN BRING NO CLAIMS: HOW TAKINGS CLAIMS CAN PROVIDE REDRESS FOR REAL PROPERTY OWNING VICTIMS OF JIM CROW RACE RIOTS |
57 William and Mary Law Review 1913 (April, 2016) |
Introduction. 1914 I. A Real Property Remedy for Race Riot Victims. 1917 A. Race Riots as a Source of Real Property Claims. 1917 B. The Ocoee Riot and Real Property Claims. 1919 C. Standing for Descendants of Property Takings Victims. 1924 II. A Takings Claim Solution to the Real Property Harms of Race Riots. 1926 A. Physical Occupation of Real... |
2016 |
| Steven L. Nelson |
DIFFERENT SCRIPT, SAME CASTE IN THE USE OF PASSIVE AND ACTIVE RACISM: A CRITICAL RACE THEORY ANALYSIS OF THE (AB)USE OF "HOUSE RULES" IN RACE-RELATED EDUCATION CASES |
22 Washington and Lee Journal of Civil Rights and Social Justice 297 (Summer, 2016) |
C1-3Table of Contents I. Introduction. 298 II. The Half-Hearted Attempt to Desegregate Schools: The Creation of a White Power to Dictate the Pace of Forgiveness via Brown and its Progeny. 300 A. The Illusion of Forced Integration: The Court's Approval of Integration on the Terms of Whites. 301 B. The Delusional Responses to Efforts to Forcibly... |
2016 |
| Bernadette Atuahene |
DIGNITY TAKINGS AND DIGNITY RESTORATION: CREATING A NEW THEORETICAL FRAMEWORK FOR UNDERSTANDING INVOLUNTARY PROPERTY LOSS AND THE REMEDIES REQUIRED |
41 Law and Social Inquiry 796 (Fall, 2016) |
In We Want What's Ours: Learning from South Africa's Land Restitution Program, I introduced the concept of dignity takings, which I defined as property confiscation that involves the dehumanization or infantilization of the dispossessed. I argued that the appropriate remedy for a dignity taking is dignity restoration: material compensation to... |
2016 |
| Deena Greenberg , Carl Gershenson , Matthew Desmond |
DISCRIMINATION IN EVICTIONS: EMPIRICAL EVIDENCE AND LEGAL CHALLENGES |
51 Harvard Civil Rights-Civil Liberties Law Review 115 (Winter 2016) |
Tens of thousands of housing discrimination complaints are filed each year. Although there has been extensive study of discrimination in the rental market, discrimination in evictions has been largely overlooked. This is because determining whether discrimination exists in evictions presents several challenges. Not only do landlords typically have... |
2016 |
| Stephen Ansolabehere , Bernard L. Fraga |
DO AMERICANS PREFER COETHNIC REPRESENTATION? THE IMPACT OF RACE ON HOUSE INCUMBENT EVALUATIONS |
68 Stanford Law Review 1553 (June, 2016) |
Abstract. Theories of representation often assert that citizens prefer representatives who are of the same racial or ethnic background as themselves. Examining surveys of over 80,000 individuals, this Article quantifies the preference for coethnic representation among whites, blacks, and Hispanics. The large sample size provides sufficient... |
2016 |
| Richard Winger |
DOES THE CONSTITUTION PROVIDE MORE BALLOT ACCESS PROTECTION FOR PRESIDENTIAL ELECTIONS THAN FOR U.S. HOUSE ELECTIONS? |
85 Fordham Law Review 1113 (December, 2016) |
Both the U.S. Constitution and The Federalist Papers suggest that voters ought to have more freedom to vote for the candidate of their choice for the U.S. House of Representatives than they do for the President or the U.S. Senate. Yet, strangely, for the last thirty-three years, the U.S. Supreme Court and lower courts have ruled that the... |
2016 |
| Victor J. Pinedo |
EMBRACING THE EXCLUDED: USING MANDATORY INCLUSIONARY ZONING TO AFFIRMATIVELY FURTHER FAIR HOUSING IN ST. LOUIS |
26 Cornell Journal of Law & Public Policy 419 (Winter 2016) |
L1-2Introduction . L3420 I. Background. 422 A. History of Segregation in St. Louis. 422 1. Early Roots. 422 2. Modern Practices and Further Entrenchment. 423 3. Government Fragmentation--A Compounding Factor. 424 B. The Fair Housing Act and HUD's Final Rule. 425 II. How to Adopt Inclusionary Zoning. 428 A. Inclusionary Zoning--Why a Mandatory... |
2016 |
| |
FAIR HOUSING IN FOCUS: HUD'S NEXT STEPS IN COMBATTING HOUSING DISCRIMINATION |
24 Journal of Affordable Housing & Community Development Law 383 (2016) |
In the past year, no other part of the U.S Department of Housing and Urban Development (HUD) has been in the spotlight more than the Office of Fair Housing and Equal Opportunity (FHEO). FHEO has a broad mandate to set policies that promote economic opportunity and inclusive communities as well as to enforce current fair housing laws that prohibit... |
2016 |
| Gregory S. Alexander |
FIVE EASY PIECES: RECURRENT THEMES IN AMERICAN PROPERTY LAW |
38 University of Hawaii Law Review 1 (Winter, 2016) |
The title of my article, Five Easy Pieces, may not resonate with those of you who are too young to remember Jack Nicholson as a budding young movie star cut out of the James Dean mold. For those who do remember, it is, of course, the title of one of Nicholson's early (and, to my mind, greatest) movies. Jack's five easy pieces were piano pieces,... |
2016 |
| Mary Szto |
FROM EXCLUSION TO EXCLUSIVITY: CHINESE AMERICAN PROPERTY OWNERSHIP AND DISCRIMINATION IN HISTORICAL PERSPECTIVE |
25 Journal of Transnational Law & Policy 33 (2015-2016) |
I. Introduction. 34 II. Today's Chinese Real Estate Investors. 37 III. The Maritime Silk Road and Early Chinese Arrivals in the US. 42 A. The Maritime Silk Road. 43 B. The 1849 Gold Rush. 45 IV. Violence, Anti-Chinese Legislation, and Resistance. 47 V. Building of the Transcontinental Railroad (1863-1869). 49 VI. The 1868 Burlingame Treaty. 53 VII.... |
2016 |
| Afua S. Akoto |
FROM HIGH TO HOMELESS: THE COST OF SMOKING MEDICAL MARIJUANA IN FEDERALLY FUNDED PUBLIC HOUSING |
31 Connecticut Journal of International Law 257 (Spring, 2016) |
Introduction.. 259 I. Being Mary Jane: An Overview of Marijuana. 260 II. Puff Puff Past: A History of Marijuana and Public Housing. 262 A. Netherlands - A Relaxed and Tolerant Policy. 262 1. Green Grass All Around: Public Housing as a Social Necessity. 264 B. United States - No Smoking that Loud. 265 1. Pitfalls and Pot Holes: The Rise and Fall of... |
2016 |
| Eden Thompson |
HELLO, CONGRESS, ARE YOU THERE? IT'S ME, THE FAIR HOUSING ACT (FHA): CONGRESSIONAL REENACTMENT OF THE FHA IN TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS |
84 University of Cincinnati Law Review 1431 (2016) |
Congress' approval rating has sharply declined in the last few decades. In November 2015, just 11% of Americans approved of the way Congress is handling its job. In January 2013, a survey of American voters revealed that Americans had a more favorable opinion of root canals, cockroaches, and traffic jams than Congress. This is likely attributable... |
2016 |
| Charles M. Lamb , Randolph S. Kent , Jacqueline M. Sievert , Michael R. Staszkiw , Elizabeth A. Tillman |
HMDA, HOUSING SEGREGATION, AND RACIAL DISPARITIES IN MORTGAGE LENDING |
12 Stanford Journal of Civil Rights & Civil Liberties 249 (June, 2016) |
Housing segregation and discrimination remain tenacious problems in America. This Article first explores the passage of the Home Mortgage Disclosure Act (HMDA) of 1975 and its 1989 amendments in order to clarify their objectives and requirements for providing data to the public that potentially may be used to combat redlining and lending... |
2016 |
| Dayne Lee |
HOW AIRBNB SHORT-TERM RENTALS EXACERBATE LOS ANGELES'S AFFORDABLE HOUSING CRISIS: ANALYSIS AND POLICY RECOMMENDATIONS |
10 Harvard Law & Policy Review 229 (Winter, 2016) |
Los Angeles, California, is in the midst of an affordable housing crisis. Rents have increased by 7.3% in 2014 alone, and the median renting household already spends 47% of its income on housing. This crisis has added fuel to the contentious debate over Airbnb, a startup technology company that facilitates short-term rentals (STRs) of residential... |
2016 |
| J. Janewa Osei-Tutu |
HUMAN DEVELOPMENT AS AN INTELLECTUAL PROPERTY METRIC |
90 Saint John's Law Review 711 (Fall, 2016) |
The need to balance the interests of the creator against the interests of the public is a recurring theme in international intellectual property (IP) law. This is reflected in the access to medicines, access to food, and access to knowledge movements, among others. The access to medicines movement has been relatively effective, with civil society... |
2016 |
| J. William Callison |
INCLUSIVE COMMUNITIES: GEOGRAPHIC DESEGREGATION, URBAN REVITALIZATION, AND DISPARATE IMPACT UNDERTHE FAIR HOUSING ACT |
46 University of Memphis Law Review 1039 (Summer 2016) |
I. Introduction. 1039 II. The Inclusive Communities Case. 1042 III. Observations. 1048 IV. Conclusion. 1054 |
2016 |
| Megan S. Wright |
INSTALLMENT HOUSING CONTRACTS: PRESUMPTIVELY UNCONSCIONABLE |
18 Berkeley Journal of African-American Law & Policy 97 (2016) |
Using the case of the Contract Buyers League and the prevalence of colonias, where many homes are purchased on contract, this Article analyzes installment housing contracts with regard to the common law defense of unconscionability. Not only do the circumstances leading to such contracts, the terms of the contract, and the effects on buyers of the... |
2016 |
| Courtney Lauren Anderson |
INTEGRATE AND REACTIVATE THE 1968 FAIR HOUSING MANDATE |
13 Hastings Race and Poverty Law Journal 1 (Winter, 2016) |
The Fair Housing Act (FHA or Act) was enacted in 1968 with the objective to provide, within constitutional limitations, for fair housing throughout the United States. The racial segregation and tensions that were rampant throughout the United States in the 1960s were the genesis of this legislation, which aimed to create a more integrated... |
2016 |