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Showing papers in "Fordham Urban Law Journal in 1987"


Journal Article
TL;DR: In this article, the authors outline the origins of exclusionary zoning, the doctrine announced in Southern Burlington County NAACP v. Township of Mount Laurel and the emergence of Regional Contribution Agreements (RCAs) under New Jersey's Fair Housing Act and conclude that, as implemented, RCAs thwart the Mount Laurel doctrine's explicit goal of revitalizing urban areas and its implicit goal of racial integration of suburban municipalities.
Abstract: This Article outlines the origins of exclusionary zoning, the doctrine announced in Southern Burlington County NAACP v. Township of Mount Laurel and the emergence of Regional Contribution Agreements (RCAs) under New Jersey’s Fair Housing Act. The author argues that, as implemented, RCAs thwart the Mount Laurel doctrine’s explicit goal of revitalizing urban areas and its implicit goal of racial integration of suburban municipalities. The article concludes that, because the RCAs thwart some of the basic goals of the Mount Laurel doctrine, the New Jersey Fair Housing Act can no longer be described as a codification of that doctrine and substantial revisions are required to harmonize the Act, as currently implemented, with the Mount Laurel vision.

4 citations


Journal Article
TL;DR: In this paper, the authors argue that the present standards for granting exemptions represent an inefficient use of tax dollars and that the legislature should limit its application to all multi-family dwellings, including luxury buildings.
Abstract: This note discusses Section 421-a of the Real Property Tax Law in New York, which awards a tax exemption to building owners who construct new multi-family housing units under certain conditions. The stated purpose of the statute is to provide safe, habitable dwellings in New York City. This note examines whether 421-a should remain applicable to all multi-family dwellings, including luxury buildings. The author argues that the present standards for granting exemptions represent an inefficient use of tax dollars and that the legislature should limit its application to

2 citations


Journal Article
TL;DR: In this paper, the authors review the history of commercial rent regulation in New York City and examine existing commercial rent regulations, both in terms of their underlying goals and their methods of operation.
Abstract: This Note will review the history of commercial rent regulation in New York City and examine existing commercial rent regulation proposals, both in terms of their underlying goals and their methods of operation The Note will argue that, as a matter of general economic and public policy, the legislature should not enact commercial rent regulations In light of these policy considerations, the Note will then examine specific conclusions of the Commission in its Final Report and its assessment of proposed strategies to deal with the problem related to the escalation of commercial rents for small businesses and neighborhood consumers in New York City

1 citations


Journal Article
Abstract: This note surveys the different paths courts and legislatures have taken in their attempts to end housing discrimination against children, and concludes that the most feasible and appropriate solution to the problem is a more effective form of state legislation. Part II discusses the likelihood of success and the issues surrounding a claim based upon a denial of fourteenth amendment rights. Part III centers on the possibility of using the Fair Housing Act for a private cause of action and the problems with the proposed bill to amend the Act. Part IV examines the state statutes that attempt to ban this form of discrimination and the reasons for their ineffectiveness. Finally, because of the inadequacy of each of these other courses of action, this Note advocates amending existing state statutes to provide for both a private cause of action and the establishment of housing commissions.

1 citations


Journal Article
TL;DR: In this article, the authors compared New York's privacy statute with the common law right of publicity, and argued that the exploitation of persona warrants judicial recognition of a common law Right of Publicity in New York, despite the argument that the creation of such a right should be left to the discretion of individuals.
Abstract: This note compares New York’s privacy statute with the common law right of publicity The article first traces the history of each law, then goes on to compare their effects The author argues that exploitation of persona warrants judicial recognition of a common law right of publicity in New York, despite the argument that the creation of such a right should be left to the discretion of

1 citations


Journal Article
TL;DR: In this article, the authors address issues of joint custody of children in divorce cases where one parent objects to that arrangement and suggest that under proper circumstances, courts may award joint custody over the objection of one parent, even when one party objects.
Abstract: This Note addresses issues of joint custody of children in divorce cases where one parent objects to that arrangement Part I examines New York’s approach to custody, and finds it unduly restrictive and thus likely to inhibit full consideration of joint custody as an alternative Part II of the Note discusses the historical background of child custody and explains the emergence of joint custody as a result of perceived inadequacies inherent in the sole custody arrangement Part III discusses different approaches taken by various jurisdictions to the controversial issue of awarding joint custody over the objection of one parent, and contains an analysis of Beck v Beck, the leading case upholding such an order Part IV takes the position that because under certain circumstances joint custody will serve the best interests of the child,” the New York courts must adopt a flexible approach that will ensure full consideration of joint custody, even when one party objects Finally, this Note recommends that New York join the majority of states that recognize that under proper circumstances, courts may award joint custody over the objection of one parent

1 citations



Journal Article
TL;DR: In this article, the authors trace the origin, growth and enforcement of nonsolicitation and cease and desist orders and conclude that these penalties do not mitigate the effects of racial tension, they do effectively target local brokers who victimize neighborhoods.
Abstract: This Article will trace the origin, growth and enforcement of nonsolicitation and cease and desist orders. Part II outlines the federal framework for dealing with discriminatory practices by real estate brokers. Section A focuses on “steering” the target of cease and desist orders-and illustrates the dilemma of both the victims and the brokers. Section B details blockbusting-the target of nonsolicitation orders. In discussing its genesis, financial operation, and sociological implications, this section also considers whether solicitation by brokers constitutes ”commercial speech” protected by the first amendment. Section C briefly explores the effectiveness of section 1982 of the Civil Rights Act of 1866 as a remedy against racial discrimination in housing. Section D examines whether subtle behavior, language, and mannerisms employed by brokers in steering and blockbusting are elements that establish intent to discriminate. Part III considers the New York response to steering and blockbusting. Section A outlines the various applicable laws, rules, and codes and demonstrates the difficulty in pursuing a cause of action or complaint. Section B discusses hearings, license suspensions, and revocations by the Secretary of State, and examines Article 78 proceedings that provide judicial review of the determination of the Secretary of State. Section C reviews Article 15 (the Human Rights Law) of the Executive Law, which is New York’s comprehensive counterpart to the federal Fair Housing Act. Section D examines the Secretary’s statutory authority to impose penalties. This Section compares the effectiveness of these penalties with that of nonsolicitation and cease and desist orders. This Article concludes that while nonsolicitation and cease and desist orders do not mitigate the effects of racial tension, they do effectively target local brokers who victimize neighborhoods.

1 citations


Journal Article
TL;DR: In this article, the authors argued that the Supreme Court has expressly endorsed only one theory of insider trading liability, in Chiarella v. United States, and that an insider can escape Rule 10b-5 liability under Chiarella by trading options on common stock rather than the common stock itself.
Abstract: This article is a Commentary on a previous Note published in the Fordham Urban Law Journal (Note, Insiders, Options and the Fiduciary Principle: A Rule 10b-5 Loophole, 16 Fordham Urb. L.J. 295 (1988)). The Note argued that the Supreme Court has expressly endorsed only one theory of insider trading liability, in Chiarella v. United States. By the simple expedient of trading options on common stock rather than the common stock itself, an insider can escape Rule 10b-5 liability under Chiarella.