Eviction Free Zones: The Economics of Legal Bricolage in the Fight Against Displacement

Gentrification, the influx of high-income dwellers into low-income neighborhoods, has in the past decade become a serious cause of concern to low-income tenants in older American cities. Although gentrification has had some positive effects, one important negative effect has been the displacement of existing neighborhood residents. Various schemes have been suggested to combat displacement caused by gentrification. One strategy entails seeking legislative relief in the form of rent control and condominium-conversion laws to directly curb the influx of high-income residents; another makes use of rent vouchers and public housing to ameliorate the effects of displacement. This Article analyzes an alternative strategy: the use of Eviction Free Zones (EFZs) to prevent the displacement of low-income tenants in gentrifying neighborhoods. In contrast to strategies that rely on legislative intervention, the EFZ strategy can be applied directly in the neighborhood, by local community groups and legal services lawyers, through enforcement of the implied warranty of habitability (IWH) and other legal remedies already available to tenants. To create an EFZ, local community groups and legal services lawyers target a neighborhood on the verge of gentrification, and work with tenants to prevent or delay evictions. Their goal is to make eviction a difficult and expensive process for landlords, slow gentrification, and ultimately block displacement. In the long run, the EFZ strategy may benefit poor tenants by maintaining both the quantity and affordability of existing low-income housing. Part I of this Article discusses gentrification and the social problems associated with it. Part II describes the mechanics of the EFZ strategy: the legal tools for preventing evictions, how they are used, and by whom. Part III analyzes, through the use of an economic model, the potential long-run economic impact of the EFZ strategy and discusses, in terms of this model, when and how an EFZ should be put into effect. The Article concludes that Eviction Free Zones can, under certain circumstances, be an effective strategy for community activists and legal services lawyers to combat the destructive effects of gentrification

Rental Housing and Crime: The Role of Property Ownership and Management

This paper examines how residential rental property ownership characteristics affect crime. It examines the incidence and frequency of disturbances, assaults, and drug possession and distribution using police incident report data for privately owned rental properties. Results show that a small percentage of rental properties generate incident reports. Count model regressions indicate that the distance that the owner resides from the rental property, size of rental property holdings, tenant Section 8 voucher use, and neighborhood owner-occupied housing rates are associated with reported violations. The paper concludes with recommendations about local government policies that could help to reduce crime in rental housing.crime; rental housing; management; count model

Procedural Discretionary Decisions and Access to Justice Before Administrative Tribunals

This thesis considers procedural discretionary decision-making by administrative tribunals and access to justice for marginalized and low-income individuals. I begin by reviewing literature regarding discretionary decision-making, access to justice, procedural justice, and ideal theories focusing on transparent and respectful engagement and dialogue between decision-makers and litigants. I then analyze three case studies regarding procedural discretionary decision-making and accommodations in the hearing process, addressing primarily disability and language barriers experienced by litigants before the Social Benefits Tribunal, Human Rights Tribunal of Ontario, and Landlord and Tenant Board. I then compare theories of discretionary decision-making with actual decision-making practices employed by tribunal adjudicators. While certain positive practices may play a role in achieving more meaningful engagement between decision-makers and parties, my analysis also reveals systemic barriers to access to justice and limitations of procedural discretionary decision-making by tribunals

Modifying the Escalera Consent Decree: A Case Study on the Application of the Rufo Test

This Note argues that modifying the Escalera degree is appropriate under Rufo and would allow NYCHA to maintain a safe environment for its residents. It expains the standard used in modifying a consent decree, pre- and post-Rufo, as well as the difficulties in applying the Rufo test. It traces the history of the Escalera Consent Decree, outlines the arguments for and against modification, and applies Rufo to the proposed modification of Escalera, arguing that modification is appropriate because the facts have changed significantly since the Decree was signed, and the modification sought is appropriately tailored to those changed circumstances

The Brown v. Giuliani Injunction: Combating Bureaucratic Disentitlement

This Comment supports the preliminary injunction decision in Brown v. Giuliani, and demonstrates why judicial intervention is appropriate in welfare litigation to protect the constitutional rights of welfare recipients. It describes the New York City welfare administration system and its statutory framework, detailing the bureaucratic problems facing the system. It also describes bureaucratic disentitlement, whereby largely obscure administrative proceedings function to effectively delay of deny welfare payments to eligible recipients. It examines the traditional judicial remedies and their general impotence in combating bureaucratic disentitlement, and the preliminary injunction decision granted in Brown and the justiciability of separation of powers issues posed by the decision. Finally, the Note demonstrates Brown\u27s effect on the bureaucratic problems plaguing local welfare system, and explains its implications for future welfare litigation

POVERTY LAWGORITHMS A Poverty Lawyer’s Guide to Fighting Automated Decision-Making Harms on Low-Income Communities

Automated decision-making systems make decisions about our lives, and those with low-socioeconomic status often bear the brunt of the harms these systems cause. Poverty Lawgorithms: A Poverty Lawyers Guide to Fighting Automated Decision-Making Harms on Low-Income Communities is a guide by Data & Society Faculty Fellow Michele Gilman to familiarize fellow poverty and civil legal services lawyers with the ins and outs of data-centric and automated-decision making systems, so that they can clearly understand the sources of the problems their clients are facing and effectively advocate on their behalf

Taking One for the Team: COVID-19 Eviction Moratoria as Regulatory Takings

This Comment explores potential Fifth Amendment challenges to COVID-19 eviction restrictions. Part II introduces California and federal COVID-19 eviction laws and lays out an organizational framework for analysis. Part III provides background on relevant regulatory takings jurisprudence. Part IV analyzes COVID-19 residential eviction laws under relevant regulatory takings tests. Part V considers judges’ potential impact on eviction moratorium challenges. Finally, Part VI proposes the solution that the Federal Government should pass legislation to provide direct rent relief for COVID-19-affected tenants