Category Archives: housing

Symposium Issues published (in 2013): “Saving the Cities: How to Make America’s Urban Core Sustainable in the Twenty-First Century”

Symposium Issues published (in 2013): St. Louis U. Pub. L. Rev. published a symposium issue on “Saving the Cities: How to Make America’s Urban Core Sustainable in the Twenty-First Century” (if you click on the above link, it will take you to a TOC where the articles can be accessed) with some great sounding articles:

CITIZEN ENGAGEMENT IN THE
SHRINKING CITY: TOWARD
DEVELOPMENT JUSTICE IN AN
ERA OF GROWING INEQUALITY …………………………Barbara L. Bezdek 3
THE PROMISES AND PITFALLS
OF TIF IN THE ST. LOUIS
METROPOLITAN REGION: A
LOOK AT NEIGHBORHOOD
DISPARITIES ………………………………………………………..Sarah L. Coffin 57
ST. LOUIS BLUES: THE URBAN
CRISIS IN THE GATEWAY CITY………………………………….Colin Gordon 81
URBAN LAND BANKS AND THE
HOUSING FORECLOSURE AND
ABANDONMENT CRISIS……………………………………W. Dennis Keating 93
A CONTINUUM IN REMEDIES:
RECONNECTING VACANT
HOUSES TO THE MARKET…………………………………. James J. Kelly, Jr. 109

CITIZEN ENGAGEMENT IN THE
SHRINKING CITY: TOWARD
DEVELOPMENT JUSTICE IN AN
ERA OF GROWING INEQUALITY …………………………Barbara L. Bezdek 3
THE PROMISES AND PITFALLS
OF TIF IN THE ST. LOUIS
METROPOLITAN REGION: A
LOOK AT NEIGHBORHOOD
DISPARITIES ………………………………………………………..Sarah L. Coffin 57
ST. LOUIS BLUES: THE URBAN
CRISIS IN THE GATEWAY CITY………………………………….Colin Gordon 81
URBAN LAND BANKS AND THE
HOUSING FORECLOSURE AND
ABANDONMENT CRISIS……………………………………W. Dennis Keating 93
A CONTINUUM IN REMEDIES:
RECONNECTING VACANT
HOUSES TO THE MARKET…………………………………. James J. Kelly, Jr. 109

-many might make good sources and/or assignments related to Ferguson as well.

New Article: “Out in the Cold: The Failure of Tenant Enforcement of the Low-Income Housing Tax Credit”

New Article: Desiree Carole Hensley, Out in the Cold: The Failure of Tenant Enforcement of the Low-Income Housing Tax Credit, forthcoming Cinn. L. Rev.  Abstract below:

This Article seeks to start a conversation about the rights of the people who reside in Low-Income Housing Tax Credit units and how the law can be changed to better protect them; about their right not only to long-term housing at affordable rents, but to housing that is suitable for occupancy according to local or federal standards; about how they may enforce those rights; and about what policy makers can do to strengthen that enforcement.

New Article: “Federalism and Municipal Innovation: Lessons from the Fight Against Vacant Properties”

New Article: Benton C. Martin, Federalism and Municipal Innovation: Lessons from the Fight Against Vacant Properties, 46 The Urban Lawyer 361 (2014).  Abstract below:

Cities possess a far greater ability to be trailblazers on a national scale than local officials may imagine. Realizing this, city advocates continue to call for renewed recognition by state and federal officials of the benefits of creative local problem-solving. The goal is admirable but warrants caution. The key to successful local initiatives lies not in woolgathering about cooperation with other levels of government but in identifying potential conflicts and using hard work and political savvy to build constituencies and head off objections. To demonstrate that point, this Article examines the legal status of local governments and recent efforts to regulate vacant property through land banking and registration ordinances.

New Article: “‘Pennies on the Dollar': Reallocating Risk and Deficiency Judgment Liability”

New Article: Kristen Barnes, ‘Pennies on the Dollar': Reallocating Risk and Deficiency Judgment Liability, forthcoming S.C. L. Rev. 2014.  Abstract below:

Many homeowners are unaware that they face the prospect of crushing personal financial liability if they default on their mortgage loans. While owners may appreciate that they can lose their homes to the lender if they fail to make payments in accordance with their loan terms, many do not fully comprehend that the exposure they have under such circumstances does not end with relinquishing the financed property. In what are known as recourse states, if the lender forecloses and the foreclosure sale does not yield an amount sufficient to cover the borrower’s outstanding debt balance, the lender may file for a deficiency judgment against the borrower to make-up the difference. Whereas in the past, in many jurisdictions, lenders have resorted to this remedy, sparingly, there are signs that this lax approach is being abandoned. First and second mortgagees and private insurance companies are increasingly opting to aggressively pursue foreclosed homeowners for fear of leaving money on the table. To make matters worse, even in those situations where lenders determine that it is not economical for them to follow-up on collecting the debt from mortgagors where a deficiency exists, they are selling the deficiency judgment or the claim to debt collectors for pennies on the dollar. Looking at a representative sample of mortgage laws and practices in California, Illinois, and Florida, this paper argues for the prohibition of deficiency judgments in the residential mortgage loan context. The article also offers a proposal for anti-deficiency legislation. Homebuyers and lenders are not equal players in the mortgage loan transaction. The disadvantages of homeowners are particularly apparent in times of severe economic crisis, like the current great recession. Excising the option of deficiency judgments from the loan negotiation will help to address the glaring inequities between parties.

 

When Poverty Makes You Sick, a Lawyer Can Be the Cure – NYTimes.com

When Poverty Makes You Sick, a Lawyer Can Be the Cure – NYTimes.com.

In Connecticut, Breaking Barrier Between a Suburb and Public Housing – NYTimes.com

In Connecticut, Breaking Barrier Between a Suburb and Public Housing – NYTimes.com.

Foreclosure in Detroit: 43,634 Challenges to a City’s Revival – NYTimes.com

Foreclosure in Detroit: 43,634 Challenges to a City’s Revival – NYTimes.com.  Pretty cool — and depressing — graphic.  Would be good for class.

New Article: “The Right to Housing in South Africa: An Evolving Jurisprudence”

New Article:  Lucy A. Williams, The Right to Housing in South Africa: An Evolving Jurisprudence, 45 Colum. Hum. Rts. L. Rev. 816 (2014).  Abstract below:

This Article focuses on recent South African constitutional and statutory jurisprudence regarding the right to housing, and attempts to analyze both its transformative possibilities and its doctrinal limitations. The South African Constitutional Court’s housing rights jurisprudence is more developed than that regarding any other social and economic right contained in the South African Constitution, with eviction cases having been a particular focus of the Constitutional Court. I address three aspects of major recent South African cases relating to the right to housing: the concept of judicially required “meaningful engagement” between government entities and individuals threatened with eviction, the prohibition of unfair practices by landlords and tenants under the Rental Housing Act 50 of 1999, and developments in the concept of just and equitable eviction under the Prevention of Illegal Eviction from and Unlawful Occupation of Land Housing Act 19 of 1998. In each context, I first describe the important ways in which this jurisprudence has benefited the poor and then present a critical perspective identifying both issues of concern and what might be called “unintended consequences.” I conclude by arguing that while the universality and moral force of human rights discourse assists in giving meaning and content to housing rights by exposing the social construction of poverty and by shifting the focus from individual fault and dependency to society’s responsibility, human rights discourse alone provides limited analytical assistance in addressing the difficult economic and institutional questions that must be faced in order to make housing rights a reality.

New Article: “The American Dream, Deferred: Contextualizing Property After the Foreclosure Crisis”

New Article: Priya S. Gupta, The American Dream, Deferred: Contextualizing Property After the Foreclosure Crisis, 73 Md. L. Rev. 523 (2014).  Abstract below:

In a few short years, the American Dream has dried up like a raisin in the sun. Massive foreclosures of the mid-to-late 2000s have left the status of the American Dream of homeownership in serious question. In this paper, I argue that in order to formulate new federal housing and homeownership policy goals, the underlying vision of property rights that informs such policy needs to be examined and re-oriented to one that recognizes the nature of property (specifically with regards to residences) as an interconnected and contextualized regime. In the decades following World War II, the federal government supported homeownership and egalitarian access to such ownership through legal regimes and rhetoric. The form this promotion took–the push for detached single-family houses–maps a model of property rights that values ownership, separation, autonomy, and a particular legitimate version of the “home.” Despite this promotion, just before and during the Foreclosure Crisis of the mid-2000s, the federal government surprisingly abandoned this rhetoric and paradigm by moving towards a different model of property rights that treated the house as a commodity, evaluated like an investment and bound by the four corners of its mortgage contract. From this model, it could comfortably limit people’s rights to their homes, especially for the ‘irresponsible borrowers’ amongst them. The use of both of these models has shifted the operation of property as a regime in the United States, and, as I argue, not for the better. After setting out this narrative, I argue for widening the context in which property rights, and therefore housing policy, are analyzed. I do not craft an entire alternate model of a property regime, but rather offer two perspectives that should, in part, constitute such a model (or models). In formulating these perspectives, I draw examples from the City of Baltimore to argue that property and housing policy should recognize (1) the interconnectedness of property as an institution and (2) the importance of the context in which the investment and contract surrounding a house were made.

Section 8 housing vouchers lead to limited neighborhood choices – Pittsburgh Post-Gazette

Section 8 housing vouchers lead to limited neighborhood choices – Pittsburgh Post-Gazette.

Thanks to the Property Law Prof Blog for the heads up!