Category: Eviction

The wrong symbol, the wrong story: Part 3, From Washington to Mount Holly

12 March, 2014 (09:00) | Civil Rights, Discrimination, Economic development, ED4ED, Eminent domain, Eviction, Fair Housing, Homeownership, Inclusionary zoning, Law, mixed-income housing, Supreme Court, US News | No comments

[Continued from yesterday's Part 2 and the preceding Part 1.]   By:David A. Smith   As we saw in Part 2, after the Justice Department had Emily Litella-ed on defending its ‘disparate impact’ settlement cudgel in the St. Paul case, the focus of legal symbologists shifted to Mount Holly, New Jersey, where what had been a […]

The wrong symbol, the wrong story: Part 2, From St. Paul to Washington

11 March, 2014 (09:00) | Civil Rights, Discrimination, Economic development, ED4ED, Eminent domain, Eviction, Fair Housing, Homeownership, Inclusionary zoning, Law, mixed-income housing, Supreme Court, US News | No comments

  [Continued from yesterday's Part 1.]   By:David A. Smith   In yesterday’s Part 1, the story of Mount Holly Gardens, which ought to have been another in the line of important cases on the limitations of eminent domain for economic development (ED4ED), had become redefined as a symbol of the Administration’s deployment of its […]

The wrong symbol, the wrong story: Part 1, From Mount Holly to St. Paul

10 March, 2014 (13:36) | Civil Rights, Discrimination, Economic development, ED4ED, Eminent domain, Eviction, Fair Housing, Homeownership, Housing, Inclusionary zoning, Law, Supreme Court, US News | No comments

By:David A. Smith   For a case to reach the Supreme Court, it must involve a big principle of Constitutional law and there must be some jurisprudence along the litigation trail to suggest current precedents are in conflict with one another.    [New York City involuntary landlord James Harmon didn't have conflicting jurisprudence – however […]

Evicting the victim: Part 2, “I was afraid I’d lose my house, my job, and my daughter”

6 September, 2013 (09:00) | Affordability, Apartments, Constitution, domestic violence, Enforcement, Eviction, Families, gender dynamics, informality, Landlords, Law, nuisance ordinance, Regulation, Rental, SROs, Supportive housing, US News |

[Continued from yesterday's Part 1.]   By:David A. Smith   Yesterday’s post, taking off from an article in the New York Times (August 17, 2013), demonstrated the real-world consequences of an abstract-legal-principle law that simplifies a lawmaker’s job by deciding that if there’s “too many” disturbances at someone’s apartment, then either the tenant or the […]

Evicting the victim: Part 1, “If I called the police, I’d be evicted”

5 September, 2013 (09:00) | Affordability, Apartments, Constitution, domestic violence, Enforcement, Eviction, Families, gender dynamics, informality, Landlords, Law, nuisance ordinance, Regulation, Rental, SROs, Supportive housing, US News |

By:David A. Smith   In the realm of law, boundaries are neatly drawn and readily discernible.  Landlords rent to families, and violence in an apartment must of necessity be someone’s fault – either the family’s or the landlord’s.  So broken-windows theory laws like this one, reported in the New York Times (August 17, 2013), appear […]