From the Property Prof Blog: This just in from Lee Ann Fennell (Chicago): Cambridge University Press has just published Evidence and Innovation in Housing Law and Policy (Lee Anne Fennell & Benjamin J. Keys, eds. 2017). All chapters are downloadable in PDF as well as viewable in HTML through the Open Access version. The impressive list of contributors include: William A. Fischel, David Schleicher, Richard A. Epstein, Ingrid Gould Ellen, Brian J. McCabe, Lior Jacob Strahilevitz, Georgette Chapman Phillips, Matthew Desmond, Stephanie M. Stern, Christopher Mayer, Ian Ayres, Gary Klein, Jeffrey West, Atif Mian, Amir Sufi, Patricia A. McCoy, Susan Wachter, Raphael W. Bostic, and Anthony W. Orlando.
Chapters of note for this blog include (available for free by clicking on the link and then the PDF icon):
3 – The Unassailable Case against Affordable Housing Mandates pp 64-84 By
8 – Behavioral Leasing: Renter Equity as an Intermediate Housing Form pp 177-202 By
10 – The Rise and (Potential) Fall of Disparate Impact Lending Litigation pp 231-254 By , ,
13 – When the Invisible Hand Isn’t a Firm Hand: Disciplining Markets That Won’t Discipline Themselves pp 322-342 By ,
Karen Tokarz and Zachary Schmook, Law School Clinic and Community Legal Services Providers Collaborate to Advance the Remedy of Implied Warranty of Habitability in Missouri, 53 Wash. U. J. L. & Pol’y 169 (2017). Abstract Below:
This Essay discusses the economic and public policy concerns regarding the implied warrant of habitability law and the ability of tenants in the state of Missouri can raise effective defenses to rent and possession/eviction actions. The authors, Tokarz and Schmook, director and supervising attorney, respectively, of Washington University’s Civil Rights and Community Justice Clinic, evaluate these issues in light of Kohner Props., Inc. v. Johnson, which currently awaits a decision from the Missouri Supreme Court. Tokarz and Schmook use statistical analysis to identify recent trends in favorable results for landlords in disputes with tenants and stress the effects the Missouri Supreme Court’s decision in Kohner could have in future cases involving tenant rights.
Oliver Milman,’We don’t have anything’: landlords demand rent on flooded Houston homes, The Guardian, September 4, 2017. [“Displaced families say they are struggling to pay rent on damaged dwellings, as an acute housing crisis grips south-east Texas after Hurricane Harvey”]
Abigail Hauslohner, Jonathan O’Connell, Poorer tenants fear being pushed out by planned Congress Heights complex, Washington Post, Oct. 14, 2015. [An overview of the issues facing low income tenants in the Districts Congress Heights area.]
Boston College Journal of Law and Social Justice has published a symposium issue on “Has the Mortgage Pendulum Swung Too Far? Reviving Access to Mortgage Credit” and it includes the following articles:
Op-Ed: Peter Moskowitz, Evict the Rich, The Outline, Aug. 22, 2017 [arguing for the use of eminent domain to build affordable housing].
News Coverage: Alec MacGillis, Is Anybody Home at HUD?, New York Magazine, Aug. 22, 2017 [a good but depressing account of HUD’s decline under Ben Carson/Trump].