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Empowerment Through Housing

Donald M. Linhorst

in Empowering People with Severe Mental Illness: A Practical Guide

This chapter applies the nine conditions for empowerment introduced in Chapter 4 to housing. People with mental illness are empowered through housing when they select their own residence from a range ... More

This chapter applies the nine conditions for empowerment introduced in Chapter 4 to housing. People with mental illness are empowered through housing when they select their own residence from a range of options that are meaningful to them, when they are able to maintain that residence, and when they control their lives within it. The empowerment potential of various types of housing are explored, including living with family members, single-room occupancy units, boarding homes, psychiatric group homes, supervised apartments, and supported housing. Types of financial assistance for housing are explored, as well as federal and state laws to protect housing access. Case studies from a state psychiatric hospital and a community mental health illustrate the application of conditions. The chapter concludes with sixteen guidelines to promote empowerment through housing.Less

The Expiration of Rent Control

Robert M. Fogelson

in The Great Rent Wars: New York, 1917-1929

This chapter focuses on the campaign of New York’s real estate to stop the state legislature from extending the emergency rent laws beyond February 15, 1926. The emergency rent laws officially ... More

This chapter focuses on the campaign of New York’s real estate to stop the state legislature from extending the emergency rent laws beyond February 15, 1926. The emergency rent laws officially expired on May 31, 1929, nine years after they had been enacted. Affected were the temporary statutes, chapters 942, 944, 945, and 947. However, many other rent laws were permanent, including chapter 131, which provided that unless otherwise specified a tenancy did not expire until October 1; chapter 133, which required the landlord to prove that a tenant against whom he brought summary proceedings on the grounds that he was objectionable was in fact objectionable; and chapter 951, which made it a misdemeanor for a landlord to deprive a tenant of heat and other vital services.Less

The Battle for Open Housing

Tracy E. K’Meyer

in Civil Rights in the Gateway to the South: Louisville, Kentucky, 1945-1980

This chapter discusses the open housing struggles by civil rights advocates. It notes that in 1950 the National Committee against Discrimination in Housing, a coalition of civil rights, religious, ... More

This chapter discusses the open housing struggles by civil rights advocates. It notes that in 1950 the National Committee against Discrimination in Housing, a coalition of civil rights, religious, labor, civil liberties, and other organizations, formed to coordinate efforts in communities across the North and West to change public housing policies, educate white residents to accept black neighbors, help African American families find homes, and, most important, lobby city, state, and federal governments for “fair housing” laws. It reports that between 1957, when New York City passed the first such law covering private residences, and 1967, the height of Louisville's campaign, forty cities and twenty-two states adopted policies that made discrimination in housing illegal.Less

The Extension of Rent Control

Robert M. Fogelson

in The Great Rent Wars: New York, 1917-1929

This chapter discusses the extension of emergency rent laws beyond November 1, 1922. Housing conditions were just as bad in late 1921 as in late 1920. Residential construction remained low except in ... More

This chapter discusses the extension of emergency rent laws beyond November 1, 1922. Housing conditions were just as bad in late 1921 as in late 1920. Residential construction remained low except in a few remote parts of the outer boroughs where vacant land was available at relatively low prices. The situation prompted the state legislature to extend emergency rent laws until at least February 15, 1926.Less

Housing

Peter Robson

in Law Making and the Scottish Parliament: The Early Years

This chapter assesses what the Scottish Parliament has achieved in the area of housing. Legislation in relation to housing has been a major part of the work of the Holyrood legislature. There have ... More

This chapter assesses what the Scottish Parliament has achieved in the area of housing. Legislation in relation to housing has been a major part of the work of the Holyrood legislature. There have been no fewer than three major pieces of legislation focusing solely on housing, as well as housing featuring significantly in three other Acts. Indeed, one of the first pieces of legislation to reach the statute books from the new Scottish Parliament was the Housing (Scotland) Act 2001 and, at the time of writing, a Housing (Scotland) Act is likely to be passed in 2010. Looking, then, at the overall picture of the law, policy and economics of housing in this era, it is possible to make some kind of initial judgment on the first decade of housing under devolution. In crude terms, the lot of those in Scotland who are homeless, in poor-quality housing or suffering from absentee landlords is probably better than their equivalents in England and Wales over the first decade of the twenty-first century. However, the effectiveness of the changes continues to lie in the level of resources devoted to them and, what happens on the ground in the lives of badly housed or homeless citizens depends not on what powers are enshrined in statute but on whether financial resources make these provisions meaningful.Less

The September Laws

Robert M. Fogelson

in The Great Rent Wars: New York, 1917-1929

This chapter first discusses the impact of the April laws on housing in New York. For many tenants the laws had not done enough to curb rent profiteering. The landlords were even more dissatisfied ... More

This chapter first discusses the impact of the April laws on housing in New York. For many tenants the laws had not done enough to curb rent profiteering. The landlords were even more dissatisfied with the April laws than the tenants, with most becoming skeptical that the new laws were aimed exclusively at rapacious landlords. The chapter then turns to the September laws—which, together with the April laws, were known as the emergency rent laws—constituted the most extensive revision of landlord-tenant law in New York State since 1820. Under these laws most New Yorkers became statutory tenants, who occupied their apartments not by virtue of an agreement with the landlord, but by virtue of a statute enacted by the legislature.Less

Landlords and Tenants in New York and Albany

Robert M. Fogelson

in The Great Rent Wars: New York, 1917-1929

This chapter describes landlords’ efforts to circumvent the emergency rent laws. Some targeted chapter 944, which empowered the municipal courts to set reasonable rents for residential property. ... More

This chapter describes landlords’ efforts to circumvent the emergency rent laws. Some targeted chapter 944, which empowered the municipal courts to set reasonable rents for residential property. Landlords inflated the value of their property—or hired expert witnesses to inflate it for them. Others padded the bill of particulars, claiming expenses for work that was not done and charging against current income capital improvements that should have been amortized over years if not decades. Other efforts to circumvent the rent laws were aimed at chapter 942. Some landlords accused tenants, even long-term and respectable tenants, of being objectionable. Others claimed they wanted the tenant’s apartment for themselves or their family even though they had no intention of occupying it. While landlords were trying to circumvent the emergency rent laws, many of New York’s principal real estate organizations were attempting to weaken them.Less

The Battle in the State Courts

Robert M. Fogelson

in The Great Rent Wars: New York, 1917-1929

This chapter discusses the efforts of New York’s real estate to challenge the emergency rent laws in court. It details the rulings in cases such as Brixton v. La Fetra, Durham Realty Corporation v. ... More

This chapter discusses the efforts of New York’s real estate to challenge the emergency rent laws in court. It details the rulings in cases such as Brixton v. La Fetra, Durham Realty Corporation v. La Fetra, Guttag v. Shatzkin, and Edgar A. Levy Leasing Co., Inc. v. Siegel.Less

A Question of Coverage

Robert M. Fogelson

in The Great Rent Wars: New York, 1917-1929

This chapter discusses issues concerning the scope of the emergency rent laws. It presents the decisions in cases which addressed issues such as whether the April laws were retroactive; the rules for ... More

This chapter discusses issues concerning the scope of the emergency rent laws. It presents the decisions in cases which addressed issues such as whether the April laws were retroactive; the rules for eviction; whether rent laws were applicable to new tenants; and the treatment for apartments that served as both a residence and a workplace.Less

The Fight in the Federal Courts

Robert M. Fogelson

in The Great Rent Wars: New York, 1917-1929

This chapter focuses on the challenges to the September laws in federal court. It describes the rulings in cases such as Marcus Brown Holding Co. v. Pollak et al., Willson v. McDonnell, Hirsh v. ... More

This chapter focuses on the challenges to the September laws in federal court. It describes the rulings in cases such as Marcus Brown Holding Co. v. Pollak et al., Willson v. McDonnell, Hirsh v. Block, and Brown v. Feldman. It concludes that Block v. Hirsh shaped the subsequent history of rent control not only in Washington, D.C., but also in the rest of the country. In the case of New York, the decision meant that the emergency rent laws would stand until November 1, 1922, unless they were modified or repealed by the state legislature.Less

A Reasonable Rent

Robert M. Fogelson

in The Great Rent Wars: New York, 1917-1929

This chapter discusses problems arising from the issue of reasonable rent. Under chapter 944, a tenant who was sued for nonpayment of rent could argue in his defense that the rent was unreasonable. ... More

This chapter discusses problems arising from the issue of reasonable rent. Under chapter 944, a tenant who was sued for nonpayment of rent could argue in his defense that the rent was unreasonable. The statute put judges in the difficult position of having to determine rental values in a city that had hundreds of thousands of apartments. There were two main reasons why it was so difficult to figure out whether a rent was reasonable. One was that chapter 944 did not define a reasonable rent. Another reason was that chapter 944 did not provide much in the way of guidelines.Less

The Four Exceptions

Robert M. Fogelson

in The Great Rent Wars: New York, 1917-1929

Chapter 942 prohibited the landlords from bringing summary proceedings against tenants whose leases expired before November 1, 1922, provided that the tenants were willing to pay a reasonable rent. ... More

Chapter 942 prohibited the landlords from bringing summary proceedings against tenants whose leases expired before November 1, 1922, provided that the tenants were willing to pay a reasonable rent. This statute became the source of many landlord-tenant disputes because under certain unusual conditions it allowed landlords to ask the courts to oust holdover tenants. This chapter focuses on these “unusual conditions”, or “the four exceptions to the tenant’s right to remain against the landlord’s will,” which were largely the result of the Real Estate Board’s campaign to water down the rent laws.Less

Introduction

Peter W. G. Robson

in Housing Law in Scotland

This book serves as an introduction to housing law in Scotland and the changes it went through in the twentieth century in areas such as the regulation of the contracts of individuals to buy and rent ... More

This book serves as an introduction to housing law in Scotland and the changes it went through in the twentieth century in areas such as the regulation of the contracts of individuals to buy and rent housing and the regulation of the behaviour of citizens to protect their fellows from some forms of discrimination and abuse of human rights. Throughout the past century, housing in Britain changed both in its nature and volume. For example, rental housing changed from being run almost solely by private landlords for profit in the early twentieth century to being largely operated by not-for-profit bodies at the end of the period. In this introductory chapter, the context of housing law developments in the UK in general and in Scotland in particular is discussed, along with the role played by the courts in the development of specific rights for tenants and landlords, property rights and property law, the development of the legal regulation of housing, and developments in housing law with respect to discrimination and human rights.Less

Exclusion and Inclusion in Property

Hanoch Dagan

in Property: Values and Institutions

This chapter addresses the substance of property. Section I presents some recent provocative accounts of the right to exclude as the core of property. Section II offers a conceptual critique of this ... More

This chapter addresses the substance of property. Section I presents some recent provocative accounts of the right to exclude as the core of property. Section II offers a conceptual critique of this admittedly attractive but ultimately misleading trend of exclusion-centrism in property. Section III turns to the normative dimension, emphasizing the limits of the morality of exclusion and explaining why inclusion or entry is an internal feature of some property institutions. Finally, Section IV sketches some implications and applications of the status of nonowners' right to entry as an intrinsic component of the right to property in specific types of cases and deals with three examples: the law of public accommodations, with its rather early common law origins of vindicating such a right to entry; the copyright doctrine of fair use, which is unfortunately under attack in recent times; and the law of fair housing, which currently codifies the right to entry in what may well be its most important manifestation in contemporary society.Less

Living in Placelessness

Angela Onwuachi-Willig

in According to Our Hearts: Rhinelander v. Rhinelander and the Law of the Multiracial Family

This chapter determines and analyzes the social and legal privileges that can attach to couples and their families based upon sexuality and race. There are wide range of privileges that can come with ... More

This chapter determines and analyzes the social and legal privileges that can attach to couples and their families based upon sexuality and race. There are wide range of privileges that can come with being a monoracial couple, but this chapter focuses on one of those privileges that certain couples may experience over others with respect to housing, housing choice, and the application of housing discrimination law.Less

The Great Society, High and Low

in Robert Clifton Weaver and the American City: The Life and Times of an Urban Reformer

By early 1967 it was clear to most observers, and to the president himself, that the Great Society was running out of steam, and facing so many obstacles, Johnson began to wonder “why he had ever ... More

By early 1967 it was clear to most observers, and to the president himself, that the Great Society was running out of steam, and facing so many obstacles, Johnson began to wonder “why he had ever wanted to be President.” Urban violence swept the nation, making earlier conflicts seem minor. Riots in Detroit and Newark in particular dwarfed any seen before. The administration would face a flurry of proposals and criticism for its neglect of cities, and Weaver would endure withering criticism both within the administration and from outside as he struggled to manage the Department of Housing and Urban Development bureaucracy and come up with ways to respond to urban decline. Out of this conflict emerged significant new legislative programs. In 1968 Weaver achieved his two major goals — the passage of a federal fair-housing law and a dramatic expansion of federal housing programs. Both laws marked significant progress and would spur the construction of thousands of units of housing while at the same time opening opportunities to African Americans and other minorities. But these victories would be clouded by the continued trouble within American cities and the escalating conflict in, and over, Vietnam, both of which would lead to Johnson's decision to withdraw his name from the presidential ballot.Less

Epilogue

Robert M. Fogelson

in The Great Rent Wars: New York, 1917-1929

The Epilogue describes the aftermath of the expiration of the emergency rent laws. It focuses on the bill proposed by Alderman Charles H. McGillick, a Democrat from Harlem, to impose rent control in ... More

The Epilogue describes the aftermath of the expiration of the emergency rent laws. It focuses on the bill proposed by Alderman Charles H. McGillick, a Democrat from Harlem, to impose rent control in New York after June 1, 1929. The bill provided that if a landlord sued a tenant for nonpayment of rent, the rent would be deemed unreasonable if it was higher than it was a year earlier. The bill also required the landlord to file a bill of particulars. If it showed he was earning 8 percent or more, the judge was authorized to dismiss the case. Although some lawyers had doubts about the bill’s constitutionality, its supporters contended that it was “well within the home-rule powers of the city”. No sooner had McGillick introduced his bill than the Greater New York Taxpayers Association informed the Board of Aldermen that it would challenge the bill in court.Less

Revolt in the Suburbs

John W. Compton

in The End of Empathy: Why White Protestants Stopped Loving Their Neighbors

This chapter examines some of the forces that led to the decline of mainline Protestant religious authority in the 1960s and 1970s. In addition, it argues that the waning of religious authority ... More

This chapter examines some of the forces that led to the decline of mainline Protestant religious authority in the 1960s and 1970s. In addition, it argues that the waning of religious authority during these decades liberated upwardly mobile white Americans to follow their own inclinations and interests, not only in their personal lives but also in their thinking about politics and society. And it was at precisely this point that many of them developed a sudden affinity for the extreme libertarian view that the use of state power to correct systemic injustice or redirect resources to the less fortunate was fundamentally illegitimate. The chapter concludes with an account of mainline Protestant leaders’ failed campaign to defeat Proposition 14, a 1964 ballot measure that repealed California’s fair housing law.Less