Open Access. Powered by Scholars. Published by Universities.®

Housing Law Commons

Open Access. Powered by Scholars. Published by Universities.®

1,505 Full-Text Articles 1,143 Authors 669,594 Downloads 122 Institutions

All Articles in Housing Law

Faceted Search

1,505 full-text articles. Page 1 of 38.

An Overview Of Fair Housing, Kenneth J. Kowalski 2019 Cleveland-Marshall College of Law, Cleveland State University

An Overview Of Fair Housing, Kenneth J. Kowalski

Kenneth Kowalski

The purpose of this article is to give an overview of federal fair housing laws and their impact on the real estate industry. This article limits its review to three principle federal statutes affecting equal-housing opportunities: Title VIII of the Civil Rights Act of 1968, 42 U.S.C. §3601 et seq. (hereinafter cited as the "Act" or "Title VIII") and the 1866 and 1870 Civil Rights Act, 42 U.S.C. §§1981, 1982 (respectively "section 1981" and "section 1982"). A review of the substantive provisions of the statutes, methods of enforcement, and judicial interpretations are included. The article also ...


Table Of Contents, Seattle University Law Review 2019 Seattle University School of Law

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.


Can Public Housing Tenants, Alleging Civil Rights Violations, Enforce Federal Housing Law?, Douglas Bowman, Neal Devins 2019 William & Mary Law School

Can Public Housing Tenants, Alleging Civil Rights Violations, Enforce Federal Housing Law?, Douglas Bowman, Neal Devins

Neal E. Devins

No abstract provided.


Illegal Substance Abuse And Protection From Discrimination In Housing And Employment: Reversing The Exclusion Of Illegal Substance Abuse As A Disability, Leslie P. Francis 2019 S.J. Quinney College of Law

Illegal Substance Abuse And Protection From Discrimination In Housing And Employment: Reversing The Exclusion Of Illegal Substance Abuse As A Disability, Leslie P. Francis

Utah Law Review

When landlords or employers know that someone is using opioids, either legally or illegally, the consequences can be significant. Rental housing or employment are both critical to well-being, yet may be at particularly high risk. As this Article argues below, legal protections in these areas are inadequate. To summarize the argument briefly, a crucial legal problem for people suffering from substance abuse disorders is that current illegal use of controlled substances is excluded from the definition of disability in federal anti-discrimination statutes. A history of substance abuse is a disability protected from discrimination, but recent relapses vitiate this protection. Relatedly ...


The Short-Term Rental Economy In Rural Maine Communities: An Opportunity For Economic Growth Instead Of A Target For Regulation, Nicholas E. Anania 2019 University of Maine School of Law

The Short-Term Rental Economy In Rural Maine Communities: An Opportunity For Economic Growth Instead Of A Target For Regulation, Nicholas E. Anania

Maine Law Review

State and local governments across the country are grappling with the rise of short-term housing rentals and how to enact effective regulation regarding their use. The increase of short-term rentals (STRs) is almost entirely the result of online platforms that make STRs easy, efficient, and accessible. While STRs undoubtedly have positive economic outcomes for both property owners and local economies, there are also many negative repercussions which must be effectively regulated. Regulation in this area reflects differing priorities and viewpoints of states and municipalities. Specifically, rural Maine municipalities, many of which are popular seasonal destinations, face not only the challenges ...


Building A Community Base For Housing Development In The 1990s: A Modest Proposal For Buffalo, New York, George M. Hezel 2019 University at Buffalo School of Law

Building A Community Base For Housing Development In The 1990s: A Modest Proposal For Buffalo, New York, George M. Hezel

George Hezel

No abstract provided.


Vouchers And Affordable Housing: The Limits Of Choice In The Political Economy Of Place, Rigel C. Oliveri 2019 University of Missouri School of Law

Vouchers And Affordable Housing: The Limits Of Choice In The Political Economy Of Place, Rigel C. Oliveri

Faculty Publications

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 forces, government policies, and private prejudices-continue to stymie progress, and even well-intentioned reform efforts can fail at best and lead to negative consequences at worst. This piece seeks not to provide answers, but rather to describe one such set of reforms and headwinds and to propose some modest ...


Things Fall Apart (Next Door): Discriminatory Maintenance And Decreased Home Values As The Next Fair Housing Battleground, Michelle Y. Ewert 2019 Brooklyn Law School

Things Fall Apart (Next Door): Discriminatory Maintenance And Decreased Home Values As The Next Fair Housing Battleground, Michelle Y. Ewert

Brooklyn Law Review

Banks that once preyed on communities of color through predatory lending now drive property values down by failing to adequately maintain foreclosed properties they own in those neighborhoods. Declining home values are especially destructive in communities of color because the family home is often a household’s most significant asset and, thus, the key to accumulating wealth and creating opportunity. This article argues that neighboring homeowners whose property values have declined as a result of banks’ discriminatory maintenance of foreclosed properties have standing to sue those banks under the Fair Housing Act (FHA). This article explores historic barriers to homeownership ...


A Social Norm Theory Of Regulating Housing Speech Under The Fair Housing Act, Stephanie M. Stern 2019 University of Missouri School of Law

A Social Norm Theory Of Regulating Housing Speech Under The Fair Housing Act, Stephanie M. Stern

Missouri Law Review

The Fair Housing Act’s prohibition of discriminatory housing statements presents a puzzle. This provision regulates housing speech, such as advertisements and notices, more robustly than acts of housing discrimination (e.g., discriminatory refusals to rent or sell). It extends liability regardless of intent and, unlike other provisions in the Fair Housing Act, does not exempt small-scale landlords from liability. Making discriminatory housing statements legally actionable also burdens commercial speech, diverts enforcement resources from discriminatory refusals to rent or sell, and gives rise to other, often more costly, forms of communicating preferences in residential real estate transactions. Why accord such ...


California Rural Legal Assistance Employment Education Outreach Project, Daisy Leon Melendrez 2019 California State University, Monterey Bay

California Rural Legal Assistance Employment Education Outreach Project, Daisy Leon Melendrez

Capstone Projects and Master's Theses

California Rural Legal Assistance is a nonprofit law firm that provides no cost legal services to low-income individuals in Santa Cruz County. The social problem is that too many workers face employment rights violations. The agency problem is a reduction in the number of people seeking employment legal services from CRLA. This outreach project focused on spreading awareness of CRLA’s employment legal services by attending local grocery stores and farmer’s market, with the purpose of promoting agency’s services to the community. Agency materials were distrusted and a questionnaire was used to determine why people are not seeking ...


Air Banned And Barred: Why New York City's Affordable Housing Crisis Has No Room For Short-Term Rentals, Wilson Chow 2019 Brooklyn Law School

Air Banned And Barred: Why New York City's Affordable Housing Crisis Has No Room For Short-Term Rentals, Wilson Chow

Brooklyn Journal of Corporate, Financial & Commercial Law

In August 2018, New York City passed a law that required short-term rental websites to disclose information about their users who host in the city. Airbnb, the largest short-term rental company, filed suit with hopes of having short-term rentals legalized. The law stems from the city’s efforts to amelioerate its affordable housing crisis. With over 8.5 million residents living in a tight housing market, New York City should not allow home owners or rental tenants to commercialize their property into de facto hotels that will likely provide accommodations to tourists. This Note will examine the recent law’s ...


Dismantling Mid-Century Urban Renewal: A Community-Based Approach For The Future Of New York City, Alia Soomro 2019 Brooklyn Law School

Dismantling Mid-Century Urban Renewal: A Community-Based Approach For The Future Of New York City, Alia Soomro

Brooklyn Law Review

Despite more than half a century since urban renewal programs were first established throughout the United States, these urban development programs are still negatively associated with the destruction of communities, displacement, and poor urban planning practices. While many jurisdictions continue to utilize state urban renewal legislation, few of these jurisdictions have actually addressed the future of urban renewal programs. This note focuses on urban renewal in New York City, where many of these plans are about to expire, and asks whether urban renewal programs—with its infamous history—can be utilized in an equitable and sustainable way. Analyzing Local Law ...


Rwu Law: The Magazine Of Roger Williams University School Of Law (Issue 10, 25th Anniversary Issue) (May 2019), Roger Williams University School of Law 2019 Roger Williams University

Rwu Law: The Magazine Of Roger Williams University School Of Law (Issue 10, 25th Anniversary Issue) (May 2019), Roger Williams University School Of Law

RWU Law

No abstract provided.


Fighting The Undead: Why States Should Use Forced Vesting To Kill Zombie Mortgages, Roman Ibragimov 2019 Boston College Law School

Fighting The Undead: Why States Should Use Forced Vesting To Kill Zombie Mortgages, Roman Ibragimov

Boston College Law Review

Following the financial crisis, many home mortgage borrowers found themselves living in properties encumbered by debt that far exceeded their value. The result was an increase in mortgage default rates, followed by a wave of foreclosures as lenders scrambled to minimize the financial damage to their investments. From the wreckage, a new creature emerged that threatened to devastate borrowers who believed that foreclosure was their chance for a fresh start: the zombie mortgage. With a spike in lenders failing or declining to foreclose on properties, borrowers were unexpectedly facing an unwanted burden of homeownership that would cause them and their ...


The Right To Housing: Possessing Home In California, Golden Gate University School of Law 2019 Golden Gate University School of Law

The Right To Housing: Possessing Home In California, Golden Gate University School Of Law

GGU Law Review Blog

In an area where the median home costs $820,000, San Francisco’s Bay Area is currently experiencing an affordable housing crisis. Unsurprisingly 25,951 people lack stable housing in the Bay Area. A recent Brookings Institute income inequality study ranked the San Francisco metropolitan area (including San Mateo, Alameda, Contra Costa and Marin Counties) the third highest in income inequality in the United States. In the Bay Area, where the median fair market rate for a two bedroom apartment is $3,121, the highest earners were making eleven times more than the lowest.

Among those most affected by the ...


Supbrime Lending/Foreclosure Crisis, Jacob Rugh 2019 Brigham Young University - Provo

Supbrime Lending/Foreclosure Crisis, Jacob Rugh

Faculty Publications

Subprime mortgage lending in the USA rose alongside home prices and lasted about 15 years, ending abruptly in late 2007, setting off a national foreclosure crisis. Between 2007 and 2012 there were 9 to 12 million foreclosures filings and 4 to 5 million completed foreclosures. The ensuing foreclosure crisis stemmed more from falling home prices but its unequal distribution across society by race and space was also the product of legacies of exclusion and a shared consensus on the expansion of mortgage credit and home ownership. Modest federal interventions to buffer communities and homeowners from the crisis likely reinforced the ...


Commercial-Property Leases As A Means For Private Environmental Governance, Darren A. Prum 2019 The Florida State University

Commercial-Property Leases As A Means For Private Environmental Governance, Darren A. Prum

Georgia State University Law Review

Commercial-property leases as a means for private environmental governance routinely get overlooked despite their noticeable presence. The applicable theoretical models used in environmental law and the standards that typically measure legal activity fail to detect the commercial-property lease as a regulatory action as well. Moreover, the public and positive law and policy approach of the past that heavily relied on administrative authority now follows more of a private law and governance approach. The private law and governance approach responds to the marketplace where standards are set, enforcement occurs, and dispute resolution takes place between parties involved in the transaction outside ...


Desegregating Schooling In Hartford, Connecticut: The 1996 Sheff V. O’Neill Court Case And Two Decades Of Integration Policy, Adam Bloom 2019 Trinity College, Hartford Connecticut

Desegregating Schooling In Hartford, Connecticut: The 1996 Sheff V. O’Neill Court Case And Two Decades Of Integration Policy, Adam Bloom

Senior Theses and Projects

No abstract provided.


Homelessness In London, Ontario: Assessing The Sustainability Of Housing First In Light Of A Shift To Models Of Prevention, Kayla May 2019 Western University

Homelessness In London, Ontario: Assessing The Sustainability Of Housing First In Light Of A Shift To Models Of Prevention, Kayla May

Western Research Forum

Background: Housing First (HF) is internationally recognized as an evidence-based model for the development of programs that target homelessness. In London, Ontario, there are a handful of HF programs and research has investigated their efficacy. However, HF is only effective for "managing" homelessness, whereas prevention is also needed. Through a recent update of Canada’s national funding for homelessness, municipalities are seeing an increase in resources to prevent homelessness. With additional funding on offer, research needs to move beyond questions of HF efficacy and instead ask how to fully evolve a system of both responsive and preventative models.

Objectives: (1 ...


Why Consumer Defendants Lump It, Emily S. Taylor Poppe 2019 University of California, Irvine School of Law

Why Consumer Defendants Lump It, Emily S. Taylor Poppe

Northwestern Journal of Law & Social Policy

No abstract provided.


Digital Commons powered by bepress