Monday, November 28, 2011

Leinberger on the Death of the Fringe Suburb

Christopher Leinberger (Brookings/Michigan), author of The Option of Urbanism and many other great pieces, has written The Death of the Fringe Suburb in the New York Times.  The bad news:

DRIVE through any number of outer-ring suburbs in America, and you’ll see boarded-up and vacant strip malls, surrounded by vast seas of empty parking spaces. These forlorn monuments to the real estate crash are not going to come back to life, even when the economy recovers. And that’s because the demand for the housing that once supported commercial activity in many exurbs isn’t coming back, either.

The better news:

Simply put, there has been a profound structural shift — a reversal of what took place in the 1950s, when drivable suburbs boomed and flourished as center cities emptied and withered.

The shift is durable and lasting because of a major demographic event: the convergence of the two largest generations in American history, the baby boomers (born between 1946 and 1964) and the millennials (born between 1979 and 1996), which today represent half of the total population.

Many boomers are now empty nesters and approaching retirement. Generally this means that they will downsize their housing in the near future. Boomers want to live in a walkable urban downtown, a suburban town center or a small town, according to a recent survey by the National Association of Realtors.

The millennials are just now beginning to emerge from the nest — at least those who can afford to live on their own. This coming-of-age cohort also favors urban downtowns and suburban town centers — for lifestyle reasons and the convenience of not having to own cars.

Interesting times.

Matt Festa

November 28, 2011 in Architecture, Density, Downtown, Housing, New Urbanism, Scholarship, Smart Growth, Sprawl, Suburbs, Urbanism | Permalink | Comments (0) | TrackBack (0)

Friday, November 25, 2011

Thanksgiving & Black Friday

I hope all of our U.S. readers had a Happy Thanksgiving yesterday.  As we've suggested before, Thanksgiving is in many senses the original American land use holiday, and itself derives from even more longstanding traditions of honoring the relationship between people, communities, and the land.  Over the years since it became an official U.S. holiday, we still have the element of celebrating the harvest, but I would say it's evolved more into an event that revolves around that other significant land use element: the home.

If you're heading out shopping for the big sales today on "Black Friday" (the day many retailers go "in the black" financially), many of you might be confronted with some other aspects of modern American land use: sprawl, traffic, and the architecture of modern suburban development.  Growing up, we spent Thanksgiving visiting relatives in the older, traditional New Jersey town in which my parents grew up, but which was adjacent to newer suburban development.  Perhaps this weekend, you're experiencing what I often did: on Thursday, dinner at a relative's home in the older traditional neighborhood; then Friday, out to the suburban shopping malls and big-box parking lots.  Looking back, I think I was subconsciously aware that there was a big difference.  It just occurred to me that because of these two major activities--traditional family dinner, then shop-til-you-drop--the Thanksgiving holiday weekend might be about the sharpest contrast that many people experience with such different land use models. 

I wonder how this sort of experience affects people--how it might impact the emotions that many people feel during the holidays when visiting relatives, and perhaps old homes since moved away from, or a walk around the old downtown; thinking about the old days, and talking about how their communities have changed.  I wonder if a holiday spent experiencing the stark visual and spatial contrasts between the traditional neighborhood and suburban sprawl heightens these emotions.  While much of the holiday experience centers around spending time with people, surely the visual and geographical elements of time and place certainly play a big role for many, even if not explicitly acknowledged.  Ideas, memories, and feelings about the places in which we live and have lived must have an effect on the way people think about, and during, the holidays.

I hope that yours were and are mostly pleasant ones.  We're thankful for the opportunity to blog here, and for everyone who reads and contributes in this land use blog community.

Matt Festa

November 25, 2011 in Downtown, History, Housing, Sprawl, Suburbs | Permalink | Comments (0) | TrackBack (0)

Wednesday, November 16, 2011

Alexander and Powell on Neighborhood Strategies for Vacant Properties

Frank Alexander (Emory) and Leslie Powell have posted Neighborhood Stabilization Strategies for Vacant and Abandoned Properties, 34-8 Zoning and Planning Law Report 1 (2011). Here's the abstract:

Vacant and abandoned properties are a growing inventory in many American neighborhoods as a result of unusually high foreclosure numbers, population loss, and property value declines. The impact of vacant and abandoned properties is tangible and requires a willingness by local governments to acknowledge and address the problem. This article outlines the problems caused by vacant and abandoned properties and suggests a variety of potential strategies, from property tax foreclosure reform to land banking. 

Frank has co-founded along with Dan Kildee the Center for Community Progress (f/k/a The National Vacant Properties Campaign).  His scholarly and consulting work with affordable housing, title-clearing and land bank present a model of engaged scholarship that should inspire all law teachers as Frank himself does for those who have the pleasure to meet him.

Jim K.

November 16, 2011 in Housing, Local Government, Mortgage Crisis, Nuisance, Redevelopment, Remedies, Scholarship | Permalink | Comments (0) | TrackBack (0)

Wednesday, November 2, 2011

NYU Furman Center Releases Paper on Housing Vouchers and Crime

The NYU Furman Center for Real Estate and Urban Policy has just sent out news of its latest fascinating and important study: American Murder Mystery Revisited: Do Housing Voucher Households Cause Crime? The study is authored by co-director Ingrid Gould Ellen, Michael C. Lens, and Katherine O'Regan. From the announcement:

We are pleased to share with you the latest paper from the Furman Center, American Murder Mystery Revisited: Do Housing Voucher Households Cause Crime? The study explores the link between housing vouchers and neighborhood crime rates. More than two million renters now receive Housing Choice Vouchers, which subsidize rent in private apartments. Although voucher holders live in a large variety of neighborhoods, community opposition to vouchers can be fierce due to perceptions that voucher holders will both reduce property values and heighten crime. The widely-circulated 2008 Atlantic Monthly article “American Murder Mystery” highlighted this controversy.

Our study, which examines changes in crime and voucher use over 12 years in ten major U.S. cities, finds no evidence that an increase of voucher holders in a community leads to increases in crime. Instead, we find a different association: that voucher holders are more likely to move into areas when crime rates are already rising. The paper was featured in an article in The Atlantic Cities, and presented September 19 at an internal briefing held at the HUD headquarters in Washington, DC. You can read the full paper here and accompanying fact sheet here.

When it comes to housing and land use, everyone has an opinion, because everyone lives somewhere and has anecdotal information. It's great to have a study like this to clarify popular conceptions based on facts. The Furman Center leads the way in producing these kinds of helpful studies.

Matt Festa

November 2, 2011 in Affordable Housing, Crime, Federal Government, Housing, HUD, Local Government, New York, Politics, Property, Scholarship | Permalink | Comments (0) | TrackBack (0)

Monday, October 31, 2011

Halloween Land Use Rules

Just got back from trick-or-treating with Peter Pan and a human pineapple. As they sort through the loot, I'm reminded of the increasing trend towards regulating Halloween activity. Where I grew up there weren't any rules, just social norms that controlled things like how late kids could reasonably stay out ringing on doorbells (with law enforcement as a backstop for teenagers out too late or too unruly). But then a few years ago I moved to a town in Ohio, and was surprised to learn that the town promulgated "official trick-or-treat hours" . . . and I'm not 100% sure on this, but I think the official hours to trick-or-treat were the day before Halloween, because it fell on a Sunday, or something. To get even more land use-y, it was restricted to residential neighborhoods only (not sure why you'd want to do otherwise).

Just trolling around the web tonight, I came across this Yahoo article compiling Bay Area Halloween Laws and Regulations. A few examples:

- Sex offenders: stay home; no candy; no decorations, and expect a police visit.

- Curfew laws enforced-- 10 p.m. seems like the most common time for Halloween curfew.

- Parades: several communities have kids' parades, requiring street closures, permits, police.

- Street festivals: for the second year in a row, the Castro District celebration has been cancelled; therefore traffic, parking, etc. will not be disrupted.

- Public safety: last year there was gunfire at an Oakland festival; expect tighter restrictions on large gatherings.

One other thing I have observed the past couple of years: people driving their kids to the more pedestrian-friendly, slightly denser, but still single-family residential neighborhoods to trick-or-treat-- the "sweet spot" (if you will) of efficient foot travel and probability of treats at each house. It turns out that kids are intuitively rational candy-maximizers. Happy Halloween!

Matt Festa

October 31, 2011 in Density, Food, Housing, Houston, Humorous, Local Government, Pedestrian | Permalink | Comments (0) | TrackBack (0)

Thursday, October 27, 2011

DC Planning Office Threatens to Limit Georgetown's Enrollment

There's a new skirmish in the on-going battle between D.C.'s private universities and the D.C. planning office over off-campus housing of undergraduates.  (Full disclosure - my former firm represented most of the major D.C. universities, including Georgetown, in land use matters.)  Periodically each university's Campus Plan comes up for review by the city government.  Georgetown's plan is currently under consideration, and according to this editorial in The The Washington Post:

A recommendation by the city’s office of planning would require the university to provide housing for 100 percent of its undergraduate students by 2016; failure to do so would force cuts in enrollment starting in 2015.

Town and gown relations in D.C. have always been fraught, as they are in many places. (For more, see this 2005 Note about litigation against both Georgetown and George Washington.)  D.C. has always had a particularly high concentration of universities, and many students live cheek-by-jowl in apartment buildings inhabited by working adults, families, and retirees, creating potential lifestyle conflicts.  Having both worked for the universities and lived in the George Washington University neighborhood, as well as being both a student and a neighbor to students here in Athens, I don't think the universities in D.C. do any worse job with neighborhood relations than schools anywhere else.  In D.C. it's simply a matter of scale and density. What's interesting here is that the city seems so comfortable attempting to control enrollment, something normally at the university's discretion.

Jamie Baker Roskie

CORRECTION - a previous version of this post had the headline "DC Planning Office Threatens to Limit Georgetown's Employment."  This is what comes of blogging while multi-tasking!

October 27, 2011 in Housing, Local Government | Permalink | Comments (0) | TrackBack (0)

Monday, October 24, 2011

Lawrence Summers on How to Stabilize the Housing Market

Lawrence Summers (former Treasury Secretary, Harvard President, and Obama advisor) has posted a Washington Post op-ed called How to Stabilize the Housing Market. From the article:

The central irony of a financial crisis is that while it is caused by too much confidence, borrowing and lending, and spending, it can be resolved only with more confidence, borrowing and lending, and spending. This is true, above all, of housing policies. Fannie Mae and Freddie Mac, government-sponsored enterprises (GSEs) whose purpose is to mitigate cyclicality in housing and that today dominate the mortgage market, have become a textbook case of disastrous and pro-cyclical policy.

Summers notes that the housing market is key to the economy, and makes several substantive recommendations, including:

First, and perhaps most fundamentally, credit standards for those seeking to buy homes are too high and too rigorous. The characteristics of the average successful applicant in 2004 would make that applicant among the most risky today. The pattern should be the opposite, given that the odds of a further 35 percent decline in house prices are much lower than they were at past bubble valuations.

Matt Festa

October 24, 2011 in Federal Government, Finance, Financial Crisis, Housing, Real Estate Transactions | Permalink | Comments (0) | TrackBack (0)

Sunday, October 23, 2011

Seicshnaydre on Public Housing and Racial Segregation in Post-Katrina New Orleans

Stacy Seicshnaydre (Tulane) has posted How Government Housing Perpetuates Racial Segregation: Lessons from Post-Katrina New Orleans, 60 Cath. L. Rev. 661 (2011). In it, she explores how quantity-minded public housing advocacy and NIMBY-style public housing resistance has combined to perpetuate the racial segregation that federal law prohibits. Here's the abstract:

This Article contends that post-Katrina New Orleans exemplifies the exclusionary dynamic in which government-assisted housing operates throughout America and the fundamental failure of American housing policy at the federal, state, and local levels to prevent the racial segregation that inevitably results. Federal law has prohibited racial segregation in government-housing programs for decades, yet it has proven difficult to reverse entrenched patterns of segregation in these programs. Patterns of racial segregation have been particularly intractable in New Orleans, which, prior to Hurricane Katrina in 2005, boasted the second-highest level of poverty concentration in the nation and relatively high levels of poverty concentration in all of the major government-housing programs. Furthermore, low-income white residents in pre-Katrina New Orleans had greater access to middle-income neighborhoods throughout the metropolitan area of New Orleans than low-income black residents, who were overwhelmingly concentrated into high-poverty neighborhoods.

Hurricane Katrina, with its massive levee failures and neighborhood flooding, offered an opportunity for New Orleans to emerge as a more inclusive region; new government-assisted housing could have helped facilitate inclusion, while also responding to the regional-housing needs of the area. However, rental housing bans proliferated throughout the region, primarily in communities that had previously served as affordable suburban alternatives for lower- and middle-income whites in prior decades. These communities sought not only to prevent the development of new rental housing, but also to limit the repair of rental housing that preexisted the storm. At the same time, other communities in metropolitan New Orleans that were the least affordable, most homogeneous, and nationally recognized as desirable places to live were not targeted for government-assisted housing, and thus did not pass similar sweeping rental bans. Therefore, rather than using recovery efforts to reverse racially segregated housing patterns, the region took steps to exacerbate them.

This Article describes a perennial dynamic of two impulses pulling in opposite directions—the anywhere-ist and nowhere-ist impulses, which conspire to perpetuate segregation. The anywhere-ists are primarily focused on securing as much federally assisted housing as possible; the nowhere-ists are primarily focused on keeping it out of their communities. This dynamic has created a “path of least resistance,” whereby government-assisted housing continues to be provided in places where it already exists or in places that are already open and affordable.

Ultimately, federal intervention in the housing market must encompass more than providing a subsidy. It must open neighborhoods not already open, make affordable what is not already affordable, enable housing subsidies to act as gateways to educational and employment opportunity, and inform families historically excluded from housing markets about their choices. Any federal housing interventions that are not so designed will almost certainly exacerbate existing racial segregation and poverty concentration, as they have done for decades, and—as post-Katrina New Orleans illustrates—as they will continue to do, again and again and again.

Jim K.

October 23, 2011 in Affordable Housing, Housing, HUD, NIMBY, Race, Scholarship | Permalink | Comments (0) | TrackBack (0)

Thursday, October 13, 2011

Chan, Sharygin, Been, & Haughwout on What Happens to Distressed Mortgage Borrowers and Their Homes

Sewin Chan (NYU Wagner School), Claudia Sharygin (NYU Furman Center), Vicki Been (NYU Law), and Andrew Haughwout (Federal Reserve Bank--NY) have posted Pathways after Default: What Happens to Distressed Mortgage Borrowers and Their Homes? The abstract:

We use a detailed dataset of seriously delinquent mortgages to examine the dynamic process of mortgage default – from initial delinquency and default to final resolution of the loan and disposition of the property. We estimate a two-stage competing risk hazard model to assess the factors associated with whether a borrower behind on mortgage payments receives a legal notice of foreclosure, and with what ultimately happens to the borrower and property. In particular, we focus on a borrower’s ability to avoid a foreclosure auction by getting a modification, by refinancing the loan, or by selling the property. We find that the outcomes of the foreclosure process are significantly related to: the terms of the loan; the borrower’s credit history; current loan-to-value and the presence of a junior lien; the borrower’s post-default payment behavior; the borrower’s participation in foreclosure counseling; neighborhood characteristics such as foreclosure rates, recent house price depreciation and median income; and the borrower’s race and ethnicity.

Matt Festa

October 13, 2011 in Affordable Housing, Housing, Mortgage Crisis, Mortgages, New York, Race, Real Estate Transactions, Scholarship | Permalink | Comments (0) | TrackBack (0)

Monday, October 10, 2011

Anderson and Plaut on Implicit Racial Bias and Residential Racial Segregation

Michelle Wilde Anderson (Cal-Berkeley) and Victoria Plaut (Cal-Berkeley) have posted Property Law: Implicit Bias and the Resilience of Spatial Colorlines, a chapter in Implicit Racial Bias Across the Law (forthcoming 2011, Cambridge U. Press, Levinson & Smith, eds). Here's the abstract:

Subjectivity and discretion exert tremendous influence over property and our built environment. From members of a city council to planning commissioners, from bank actuaries to developers, from tax assessors to neighbors, individuals constantly and silently make consequential judgments. How much is a home worth? How trustworthy is a credit-seeker? Is a proposed development, land use, or landowner suitable for this community? Is this neighborhood safe? Current research in psychology can tell us much about how we make such decisions and how the race of parties involved can shape those outcomes. This chapter investigates the application of unconscious bias research to property and land use decisions that affect where people live, work, shop, and travel - decisions that in turn affect household wealth, educational opportunity, health, and personal safety.

Jim K.

October 10, 2011 in Housing, Race, Scholarship | Permalink | Comments (0) | TrackBack (0)

Wednesday, October 5, 2011

Orszag on Renting our way to a Housing Recovery

Peter Orszag, former OMB director for the Obama Administration, has a piece in Bloomberg where he argues that the U.S. Can Rent Its Way Toward a Housing Recovery:

No matter what the government might try to do to break the housing-economy cycle, the deleveraging process will still be painful and take some time. But that’s not an argument against action; just because a headache can still hurt some even if you take aspirin doesn’t mean you should skip the aspirin. One thing the Obama administration could do now -- probably with Republican support -- would be to attack the oversupply of housing stock by allowing a tax write-off for investors who buy empty properties and rent them out.

Very interesting. If renting is the new owning, there might be something to this idea. I'm generally in favor of reducing rather than increasing tax incentives to promote real estate purchases, but if Orszag's proposal were narrowly tailored towards purchases specifically for rental housing, it might make some sense.

Matt Festa

October 5, 2011 in Federal Government, Housing, Mortgage Crisis, Real Estate Transactions | Permalink | Comments (0) | TrackBack (0)

Wednesday, September 21, 2011

Anderson on Dissolving Cities

Michelle Wilde Anderson (Berkeley) has posted Dissolving Cities, forthcoming in the Yale Law Journal, 2012. The abstract:

During the twentieth century, 3,000 new cities took shape across America. Stucco subdivisions sprawled and law followed, enabling suburbs to adopt independent governments. That story is familiar. But meanwhile, something else was also happening. A smaller but sizable number of cities were dying, closing down their municipal governments and returning to dependence on counties. Some were ghost towns, emptied of population. In those places, jobs were lost and families struggled; crops died off and industries moved on. A larger group of dead cities were humming with civic life: places with people but no longer with a separate government. In these cities, citizens from the political left and right, often in coalition, rose up to eliminate their local governments.

As an end in itself, understanding these changes would be worthwhile. But this past has not passed. An unprecedented groundswell of cities and citizens are currently considering disincorporation in response to economic crisis, tax pressure, and population loss. The dissolution law they are turning to, as it is written in state codes and as it is understood in theory, is immature and thin. Cities’ experiences with dissolution are unknown, constraining our ability to judge the values it serves or undermines. If dissolution is to grow in importance as part of the legal machinery of urban decline - as cities themselves are asking it to become - we must understand what it meant in the decades that passed before.

Dissolving Cities tells the story of municipal dissolution. It is an article of law, theory, and urban history - a reminder that urban growth and local government fragmentation, which have long dominated academic discourse on cities, may not be the upward ratchet we have assumed them to be. Cities can die (legally at least), and when they do, they raise critical questions about decline, governance, taxes, race, and community.

This is a critically important topic for the future of land use in American communities, and Prof. Anderson's article looks like a must-read piece.

Matt Festa

September 21, 2011 in Downtown, Economic Development, History, Housing, Local Government, Planning, Politics, Scholarship, Suburbs | Permalink | Comments (0) | TrackBack (0)

Thursday, September 15, 2011

Juergensmeyer & Nicholas on Growth Management in the Recession

Julian Conrad Juergensmeyer (Georgia State) and James C. Nicholas (Florida) have posted Loving Growth Management in the Time of Recession, published in The Urban Lawyer, vol. 42 (2011). The abstract:

The current deep and long lasting recession has challenged the value of local government growth management programs – especially those which rely heavily on developer funded infrastructure finance programs such as impact fees. An examination of the characteristics of the current recession reveal that its severity is due in large part to excessive exuberance in housing development in the years preceding the burst of the housing bubble. Many local governments intensified the consequences of over-building by adopting ambitious infrastructure programs funded by impact and other fees charged to developers upon the issuance of building permits or other development approval actions. With residential building permit issuance at near zero in many formerly double-digit growth areas, local governments can no longer pay for nor do they need much of the planned or already constructed infrastructure. The authors advocate greater restraint by local governments in accepting growth projections and issuing bonds to be repaid through impact fee collection. Most importantly, the authors suggest as a pre-condition of development approval requiring developers to submit market studies establishing probable market demand for the proposed development.

Matt Festa

September 15, 2011 in Development, Housing, Impact Fees, Local Government, Mortgage Crisis, Real Estate Transactions, Scholarship | Permalink | Comments (0) | TrackBack (0)

Thursday, September 8, 2011

Furman Center launches SHIP

Some exciting news from NYU's Furman Center for Real Estate & Urban Policy:

We are thrilled to announce the launch of our Subsidized Housing Information Project (SHIP), a new resource designed to provide housing agencies, community organizations, tenants and the affordable housing industry with the information they need to develop effective preservation strategies.

The SHIP database contains extensive information on nearly 235,000 units of privately-owned, subsidized affordable rental housing in New York City. Compiled from 50 different public and private data sources, the information is accessible through a user-friendly, interactive data search tool available on our website.

Our Institute for Affordable Housing Policy has simultaneously released the State of New York City’s Subsidized Housing report, which provides a comprehensive analysis of the properties in the SHIP database, and identifies opportunities to preserve affordable housing in the coming years. Another online tool, the Directory of New York City Affordable Housing Programs (Beta) summarizes nearly 200 programs that have been used in New York City to develop affordable housing since the 1930s.

The SHIP was made possible through a collaboration with the New York City Department of Housing Preservation and Development, the New York City Housing Development Corporation, New York State Homes and Community Renewal, and the U.S. Department of Housing and Urban Development, and support from the John D. and Catherine T. MacArthur Foundation, the F.B. Heron Foundation and NYU Law alumnus Herbert Z. Gold (¢40). The New York City Council has also committed to support technical assistance and training for community-based organizations on how to use the database in their preservation efforts and advocacy. We have also received invaluable guidance and support from members of the SHIP Advisory Committee, the IAHP Advisory Board and dozens of affordable housing experts.

Matt Festa

September 8, 2011 in Affordable Housing, Community Economic Development, Historic Preservation, Housing, HUD, Landlord-Tenant, New York, Scholarship | Permalink | Comments (0) | TrackBack (0)

Wednesday, September 7, 2011

Glaeser on Rethinking the Federal Bias Toward Homeownership

Harvard economist Edward Glaeser--author of much fascinating work on land use and urban development, including his latest book, Triumph of the City-- has posted his latest article, Rethinking the Federal Bias Toward Homeownership, forthcoming in HUD's Cityscape: A Journal of Policy Development and Research, Vol. 13, No. 2 (2011). The abstract:

The most fundamental fact about rental housing in the United States is that rental units are overwhelmingly in multifamily structures. This fact surely reflects the agency problems associated with renting single-family dwellings, and it should influence all discussions of rental housing policy. Policies that encourage homeowning are implicitly encouraging people to move away from higher density living; policies that discourage renting are implicitly discouraging multifamily buildings. Two major distortions shape the rental housing market, both of which are created by the public sector. Federal pro-homeownership policies, such as the home mortgage interest deduction, weaken the rental market and the cities where rental markets thrive. Local policies that discourage tall buildings likewise ensure that Americans have fewer rental options. The economic vitality of cities and the environmental consequences of large suburban homes with long commutes both support arguments for reducing these distortions.

A very important argument; I'm looking forward to reading the whole thing.

Matt Festa

September 7, 2011 in Affordable Housing, Density, Federal Government, Housing, HUD, Landlord-Tenant, Scholarship, Urbanism | Permalink | Comments (0) | TrackBack (0)

Thursday, September 1, 2011

Learning from Brooklyn

Before I got co-op approval on my rental in Forest Hills, Queens (where I now live), I spent a week or so sharing apartments and houses in Boro Park and Canarsie.  These are two very different neighborhoods, but from a planning perspective both are of some interest.

I spent the weekend of August 4 sharing an apartment in Boro Park. Boro Park is a heavily Hasidic neighborhood teeming with large families in a zip code with over 75,000 people per square mile, almost three times the NYC average.  Some commentators argue that density and large families are inconsistent- but Boro Park shows otherwise.  In Boro Park, the average age is 29, well below the statewide average (35).

Then I spent a few days at a bed and breakfast in Canarsie, at the eastern edge of Brooklyn (that is, the part furthest from Manhattan).  Canarsie has been hit with many of the major bad urban planning ideas of the 50s and 60s: it includes a couple of housing projects, is not too far from another, and is mostly cut off from the water by an expressway.  And because it is so far from Manhattan, it is not appealing to people looking for short commutes.

Not surprisingly, Canarsie has never been a wealthy neighborhood; at some point in the late 20th century it transitioned from a Jewish/Italian working class area to a Caribbean-American working class area.  But it is by no means one one of Brooklyn’s worst neighborhoods.  Canarsie's poverty rate is lower than the Brooklyn average, and I was willing to walk through the public housing on the way to the subway; even though I wouldn’t do it at night it doesn’t seem threatening during the day.

To me the interesting questions in Canarsie aren't what went wrong: they are: what went right?  And given the decline of many inner suburbs, does Canarsie have a future?

Michael Lewyn


September 1, 2011 in Density, Development, Housing, New York, Planning, Water | Permalink | Comments (0) | TrackBack (0)

Monday, August 29, 2011

Nichols on Tenant Protections under the PTFA

Elan Stavros Nichols (Michigan State) has posted Unanswered Questions Under the PTFA: Exploring the Extent of Tenant Protections in Foreclosed Properties, forthcoming in the Journal of Affordable Housing, Vol. 20, No. 2, Winter 2011. The abstract:

The somewhat new Federal Protecting Tenants at Foreclosure Act (the “PTFA”), as recently amended, still leaves many questions of interpretation in states with the foreclosure by advertisement process, and in states with laws related to issues on which the PTFA is silent. The PTFA is vague in places, and does not address certain issues raised by the foreclosure processes in certain states, where state law is not clearly preempted.

This article will examine how the PTFA, including the recent amendments and any recent judicial and advisory opinions, applies in states with the foreclosure by advertisement process (as opposed to judicial foreclosure). The article will use Michigan as a case study for this inquiry, briefly discussing other states with a similar process. In so doing, the article will discuss issues raised in these states concerning matters on which the PTFA’s terms are vague or wholly silent.

To that end, this article picks up where the article, “Interpreting the Protecting Tenants at Foreclosure Act of 2009,” 19 J. of Affordable Housing & Community Dev Law 205 (Winter, 2010), by Allyson Gold, left off. Of particular assistance will be the recent statutory amendments, any relevant case law, interpretive statements from the Department of Housing and Urban Development, and the “working interpretation” adopted by legal services providers and others agencies dealing with the foreclosure crisis. Consequently, this article will conclude with a proposal for a reasonably fair interpretation of the PTFA in states with foreclosure by advertisement and in states where the PTFA is not expressly preempted but still leaves questions.

Matt Festa

August 29, 2011 in Affordable Housing, Federal Government, Housing, HUD, Landlord-Tenant, Mortgage Crisis, Scholarship | Permalink | Comments (0) | TrackBack (0)

Wednesday, August 24, 2011

NYU Furman Center on Mortgage Lending in the Recession

The NYU Furman Cente for Real Estate and Urban Policy has published some great stuff over the last few weeks. Here's one of their terrific recent reports:

We are pleased to share with you the latest publication from the Furman Center’s Institute for Affordable Housing Policy, Navigating Uncertain Waters: Mortgage Lending in the Wake of the Great Recession.

This report summarizes our February 4, 2011 Roundtable of the same name, and provides an in-depth exploration of credit availability and lending patterns during the recession. The event brought together 75 policymakers and academics from across the nation to assist government, the mortgage industry, academics, and non-profits address the challenge of mortgage credit need and availability through informed discussion and research.

By publishing this report, we aim to make the discussion and insights shared during the Roundtable available to a wider audience. We hope you find the materials informative, and we look forward to receiving your feedback.

Matt Festa

August 24, 2011 in Finance, Financial Crisis, Housing, Mortgage Crisis, Mortgages, Real Estate Transactions, Scholarship | Permalink | Comments (0) | TrackBack (0)

Monday, June 20, 2011

Ziegler and Laitos on Property Rights, Housing, and the American Constitution

Edward H. Ziegler (Denver) and Jan G. Laitos (Denver) have posted Property Rights, Housing, and the American Constitution: The Social Benefits of Property Rights Protection, Government Interventions, and the European Court on Human Rights’ Hutten-Czapska Decision, Indiana International & Comparative Law Review, Vol. 21, No. 25, 2011.  The abstract:

Nations around the world utilize government interventions to promote the availability and affordability of housing. This article focuses on various types of government regulatory interventions, such as rent controls, building dedications and exactions, and density and growth controls on housing. These interventions are common in the United States and in other countries and may contribute to inefficient resource allocation and poor housing outcomes. This article examines whether these types of government interventions may require, in particular cases in the United States, judicially required compensatory damages for affected property owners. The social costs of these forms of government intervention are examined from the perspective of the benefits accruing from a regime of property rights protection. This article further explains that there is some existing precedent under international human rights norms, as illustrated by the Hutten-Czapska v. Poland decision, for the standards used in the United States for protecting the property rights of owners and developers of housing from excessive and unwise government regulation.

Matt Festa

June 20, 2011 in Affordable Housing, Constitutional Law, Housing, Property Rights, Scholarship | Permalink | Comments (0) | TrackBack (0)

Sunday, June 5, 2011

Homeowner Forecloses on Bank

Yes, you read that right.  A homewoner in Collier County, Florida foreclosed on a bank branch!  Bank of America gets Padlocked after Homeowner Forecloses on It.

It started five months ago when Bank of America filed foreclosure papers on the home of a couple, who didn't owe a dime on their home.

The couple said they paid cash for the house.

The case went to court and the homeowners were able to prove they didn't owe Bank of America anything on the house. In fact, it was proven that the couple never even had a mortgage bill to pay.

A Collier County Judge agreed and after the hearing, Bank of America was ordered, by the court to pay the legal fees of the homeowners', Maurenn Nyergers and her husband. 

The Judge said the bank wrongfully tried to foreclose on the Nyergers' house.

So, how did it end with bank being foreclosed on?  After more than 5 months of the judge's ruling, the bank still hadn't paid the legal fees, and the homeowner's attorney did exactly what the bank tried to do to the homeowners. He seized the bank's assets.

About an hour after the sheriff locked the doors, the bank branch manager handed the attorney a check.  Nice to see at least one instance of good news for Florida homeowners in the foreclosure crisis.  Thanks to Dru Stevenson and Louie Rodriguez for the pointer.

Matt Festa

June 5, 2011 in Financial Crisis, Housing, Humorous, Mortgage Crisis, Mortgages, Real Estate Transactions | Permalink | Comments (1) | TrackBack (0)