The Urban Law Bulletin: December 17, 2019
The Urban Law Bulletin is a bi-weekly e-newsletter highlighting significant news and legal developments in the field of urban law.
Housing and Development #housing
Does enforcement against public camping and sleeping violate the Eighth Amendment’s bar on cruel and unusual punishments? In Boise v. Martin, the Ninth Circuit ruled that it was unconstitutional to criminalize the act of sleeping outdoors when shelter space is not realistically available. In August, the city of Boise, Idaho asked the Supreme Court to hear the case, arguing that the Ninth Circuit’s decision could “imperil a host of other public health laws.” This past Monday, the Supreme Court decided not to hear the case, letting the Ninth Circuit’s decision stand.
Law and Justice #justice
In the two years since New York City guaranteed legal representation for tenants facing eviction, four cities have joined in offering similar tenant support. John Pollack, coordinator of the National Coalition for a Civil Right to Counsel, argues for “right to counsel” laws for tenants in cities in order to respond to the “‘eviction mill problem’” these cities are facing.
Law and Justice #justice
The U.S. Department of Justice filed a lawsuit against Hesperia, California alleging that a city ordinance, otherwise known as the “Crime Free Rental Housing Program,” discriminates against African American and Latino renters in violation of the Fair Housing Act. The ordinance requires “landlords to evict tenants who had allegedly committed crimes on or near their property” and the lawsuit alleges that the ordinance aims to “drive minorities out of the city.”
City Administration and Urban Governance #administration
Several cities, such as Washington D.C. and Houston, are considering cash bans on transit systems and other public services in an effort to combat inefficiency and improve security. These proposals have been met with pushback from advocates for low-income communities, who argue that cash bans “discriminate against low-income and [the] elderly…[who] are more likely to be unbanked or underbanked.
Scholarship Corner #scholarship
"[B]ecause some owners choose to exit private sector programs . . . it remains unclear what the mandated length of these affordability restriction periods should be . . . housing advocates have increased calls for ‘permanent affordability’ requirements on housing developments that receive any form of public subsidy. Permanent affordability means mandating affordability restrictions on a property, or the land on which it is developed, that run in perpetuity — unless the governing agency agrees to release the property from its affordability contract. This Article discusses the role and length of such affordability restrictions, and the potential benefits and challenges associated with mandating permanent affordability."
Vincent J. Reina, Affordable Housing, but for How Long? The Opportunity and Challenge of Mandating Permanently Affordable Housing, 46 Fordham Urb. L.J. 1267, 1268-69 (2019).
Now Available: Selected Papers from The Fifth Annual International and Comparative Urban Law Conference
Selected Papers from The Fifth Annual International and Comparative Urban Law Conference is a collection of works presented at the International and Comparative Urban Law Conference held at Mackenzie Presbyterian University in São Paulo, Brazil from June 21-22, 2018 in partnership between the Urban Law Center at Fordham University School of Law, Mackenzie Presbyterian University, and MackCidade, with UN-Habitat co-sponsorship. This conference provided a dynamic forum for urban law and policy scholars to engage in comparative and interdisciplinary dialogue on present intersections between cities and law. The selected papers address topics of urban law such as the structure and functions of local authority and autonomy, urban and metropolitan governance, finance and urban political economy, housing and the built environment, migration and citizenship, and sustainability, climate change and resilience. The e-book is now available on the Urban Law Center’s website here.
Selected Papers from the Fifth Annual International and Comparative Urban Law Conference (Belo Horizonte: Fórum, 2020).
We thank the Urban Law Center’s Urban Law Student Fellows for assisting in preparation of The Bulletin, which provides news in major areas of urban law, and categorizes the stories as follows:
· City Administration and Urban Governance #administration
· City-State Relations and Preemption #preemption
· Diversity, Equality, and Inclusion #equality
· Environment and Sustainability #sustainability
· Housing and Development #housing
· International/Global Urban Law #international
· Law and Justice #justice
· Public Health #health
· Technology #technology
· Transportation and Infrastructure #transportation
· Urban Mobility #mobility
· Urban Planning and Space #planning
If you have an article, legal decision, or commentary that you would like to share in an upcoming Bulletin, please email it to firstname.lastname@example.org.
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Nestor M. Davidson
Faculty Director, Urban Law Center
Associate Director, Urban Law Center
Urban Law Student Fellow Contributors