Housing andCommunity Development

Carolina Academic PressLaw Casebook Series

Advisory Board

❦

Gary J. Simson, ChairmanCornell Law School

Raj K. BhalaThe George Washington University Law School

John C. Coffee, Jr.Columbia University School of Law

Randall CoyneUniversity of Oklahoma Law Center

John S. DzienkowskiUniversity of Texas School of Law

Robert M. JarvisShepard Broad Law Center

Nova Southeastern University

Vincent R. JohnsonSt. Mary’s University School of Law

Thomas G. KrattenmakerDirector of Research

Federal Communications Commission

Michael A. OlivasUniversity of Houston Law Center

Michael P. ScharfNew England School of Law

Peter M. ShaneDean, University of Pittsburgh School of Law

Emily L. SherwinUniversity of San Diego School of Law

John F. Sutton, Jr.University of Texas School of Law

David B. WexlerUniversity of Arizona College of Law

Housing andCommunity Development

Third Edition

byCharles E. Daye

Henry Brandis Distinguished Professor,University of North Carolina School of Law

Otto J. HetzelProfessor Emeritus, Wayne State University School of Law

James A. Kushner Professor, Southwestern University School of Law

Henry W. McGee, Jr.Professor, Seattle University School of Law and

Professor Emeritus UCLA School of LawRobert M. Washburn

Professor, Rutgers, The State University of New Jersey School of Law, CamdenPeter W. Salsich, Jr.

McDonnell Professor of Justice in American Society,Saint Louis University School of Law

W. Dennis KeatingProfessor, Cleveland State University,

Cleveland-Marshall School of Law and College of Urban Affairs&

Daniel R. MandelkerHoward A. Stamper Professor, Washington University School of Law

Senior Editor Emeritus

Carolina Academic PressDurham, North CarolinaCopyright © 1999

Charles E. DayeAll Rights Reserved

ISBN 0-89089-736-0LCCN 99-65808

Carolina Academic Press700 Kent Street

Durham, North Carolina 27701Telephone (919) 489-7486

Fax (919) 493-5668E-mail: cap@cap-press.com

www.cap-press.com

Printed in the United States of America.Dedication

We proudly dedicate this Third Edition of Housing and Community Development toour Senior Editor Emeritus, esteemed colleague, and friend Daniel R. Mandelker, HowardA. Stamper Professor, Washington University School of Law. His deep interest in the sub-ject, extraordinary professional dedication, and outstanding scholarship have influencedall of us. He has inspired us as a role model and has served as our mentor.

Summary Table of Contents

ContentsixTable of Cases xixPreface to the First Edition xxixPreface to the Second Edition xxxiPreface to the Third Edition xxxiiiAcknowledgments xxxviCopyright Permissions xxxviii

Chapter 1 Overview: The Social, Political, Economic, and Policy Matrix 3A. The Dimensions of the Housing Problem 4B. The Strategy of Social Response 25C. The Right to Housing 40

Chapter 2 The Legal Process and Intergovernmental Frameworkfor Federal Programs 75

A. Legislative, Administrative, and Judicial Process 77B. The Intergovernmental Framework 136

Chapter 3 Governmental Housing Policies and Programs 147A. Theoretical Framework 149B. Public Housing 179C. Assisted Housing —Rental 209D. Mortgage Insurance Programs 233E. Interest Subsidy Programs 238F. Housing for the Elderly, Disabled, Homeless and

Persons with Special Needs 239G. Direct Capital Grants 240H. Federal Responses to Homelessness 243I. Tax Policy and Housing 247J. State Activity 257K. Nonprofit Housing Associations 266L. Housing Trust Funds, Impact Fees, and Inclusionary

Zoning Policies 281Chapter 4 Consumerism and the Management of Housing 289

A. Private Market Tenants 289B. Public Sector Tenants 359

Chapter 5 Community Revitalization 399A. Neighborhood Revitalization and Preservation 400B. A Theoretical Framework for Urban Redevelopment 442C. The Federal Community Development Program 454D. Alternative Community Revitalization Strategies 489E. Displacement and Relocation 520

Chapter 6 Fair Housing: Issues of Race and Class 545A. Constitutional Basis for Fair Housing: Equal Protection

Theory, Methodology, and Limits 552B. Legislative Fair Housing Policies: Governmental Duties 561

C. Legislative Fair Housing Policies: Discrimination inthe Marketplace 644

Contents

ContentsixTable of Cases xixPreface to the First Edition xxixPreface to the Second Edition xxxiPreface to the Third Edition xxxiiiAcknowledgments xxxviCopyright Permissions xxxviii

v

Chapter 1 Overview: The Social, Political, Economic, and Policy Matrix 3A. The Dimensions of the Housing Problem 4

Patrick A. Simmons (ed.), Housing Statistics of the United States 4Notes and Questions 7Peter Dreier, The New Politics of Housing 7Notes and Questions 13Peter Salins, Toward a Permanent Housing Problem 14Notes and Questions 19A Note on Homelessness 21Maria Foscarinis, Downward Spiral: Homelessness and

Its Criminalization 21Notes and Questions 23

B. The Strategy of Social Response 25William G. Grigsby & Louis Rosenburg, Urban Housing Policy 26Notes and Questions 30Lawrence M. Friedman, Government and Slum Housing 31Notes and Questions 33Lawrence M. Friedman, Government and Slum Housing 34Notes and Questions 36A Note on the Role of Lawyers, Planners, and Other Professionalsin Housing and Community Development Programs 36

Peter W. Salsich, Jr. & Timothy J. Tryniecki, Land Use Regulation 38C. The Right to Housing 40

Frank I. Michelman, The Advent of a Right to Housing:A Current Appraisal 41

Notes and Questions 44James v. Valtierra 45Notes and Questions 47Lindsey v. Normet 50Notes and Questions 54A Right to Housing and the Challenge of Homelessness 56Janet Ellen Stearns, Voluntary Bonds: The Impact of

Habitat II On U.S. Housing Policy 59Notes and Questions 62Thomas C. Grey, Property and Need: The Welfare State

and Theories of Distributive Justice 67Notes and Questions 71

Chapter 2 The Legal Process and Intergovernmental Frameworkfor Federal Programs 75

A. The Legislative, Administrative, and Judicial Process 771. The Legislative Process 77

Daniel R. Mandelker, Housing Subsidies in theUnited States and England 78

Notes and Questions 80A Note on Complexities in the Appropriations and

Legislative Process 81Notes and Questions 87

2. The Administrative Process 87

Daniel R. Mandelker, Housing Subsidies in theUnited States and England 90

Notes and Questions 913. The Judicial Process: The Problem of Access to

Federal Courts 94City of Kansas City v. United States Department of

Housing and Urban Development 95Notes and Questions 101A Note on the Chevron Defense 102N.A.A.C.P., Boston Chapter v. Secretary of Housingand Community Development 104

Notes and Questions 106Wright v. Roanoke Redevelopment and Housing Authority 107Notes and Questions 110A Note on Standing in Federal Court to ChallengeFederal Housing and Community Development Programs 112

Jackson v. Okaloosa County, Fla. 115Notes and Questions 119Darby v. Cisneros 121Notes and Questions 125A Note on Breach of Contract Claims Against the

Federal Government 125Notes and Questions 128

4. Legal Strategies for Challenging Housing andCommunity Development Programs 129

Joel F. Handler, Social Movements and the Legal System 131Notes and Questions 133

Special Project, The Remedial Process in InstitutionalReform Litigation 133

Notes and Questions 135B. The Intergovernmental Framework 136

1. The Federal Grant and Subsidy Structure 136Advisory Commission on Intergovernmental Relations,

Categorical Grants: Their Role and Design 137Notes and Questions 141

2. Intergovernmental Relationships 144Notes and Questions 145

Chapter 3 Governmental Housing Policies and Programs 147Problem: Transforming Metro City Public Housing 148A. Theoretical Framework 149

1. Nature of the Subsidy Gap 149Notes and Questions 150Arthur P. Solomon, Housing the Urban Poor 153Notes and Questions 156

2. Matrix of Subsidy Alternatives 160A Note on the Secondary Market 167Notes and Questions 170A Note on Tax Policy and Illustrations on the Matrix 170

vii

Notes and Questions 171A Note on Real Estate Syndication 172Peter Dreier, The New Politics of Housing 174Metro City Problem (cont.) 179

B. Public Housing 1791. Program Description 179

Notes and Questions 182Cuyahoga Metropolitan Housing Authority v.

City of Cleveland 183Notes and Questions 190

2. Program Relations and Coordination 191Notes and Questions 192A Note on Public Housing Rental Policies 194

3. Program Evaluation 196Eugene Meehan, Public Housing Policy 196Notes and Questions 199

4. Program Transformation: HOPE VI 199Metro City Problem (cont.) 200Regulatory and Operating Agreement 201Notes and Questions 206Memorandum Ground Lease 208

C. Assisted Housing —Rental 2091. Program Descriptions—Section 8 210

(a) New Construction Program (repealed in 1983) 210Cisneros v. Alpine Ridge Group 212Notes and Questions 216

(b) Existing Housing Program 216Notes and Questions 219Metro City Problem (cont.) 220

2. Program Participants and Relationships 221Simmons v. Drew 221Notes and Questions 224

3. Preservation of Assisted Rental Housing 224Charles L. Edson, HUD’s Interim Mark to MarketRegulations: A Work in Progress 226

Notes and Questions 232D. Mortgage Insurance Programs 233

1. Insurance for Single-Family Units (Section 203) 2332. Insurance for Multifamily Units (Section 207) 2353. Mortgage Insurance for Moderate-Income Persons

(Section 221) 236E. Interest Subsidy Programs 238

1. Section 235 Homeownership Subsidy Program 2382. Section 236 Rental Subsidy Program 2383. The Section 515 Rural Housing Program 239

F. Housing for the Elderly, Disabled, Homeless and Persons withSpecial Needs 239

G. Direct Capital Grants 240

viii

Housing Block Grants (HOME Investment PartnershipAct of 1990) 240

Notes and Questions 242H. Federal Responses to Homelessness 243

Notes and Questions 246I. Tax Policy and Housing 247

General Explanation of the Tax Reform Act of 1986 247Notes and Questions 249Jack Cummings & Denise DiPasquale, BuildingAffordable Rental Housing 36 (1998). 251

Notes and Questions 253Metro City Problem (cont.) 253Declaration of Land Use Restriction Covenants for theState of Missouri Affordable Housing Tax Credits 253

J. State Activity 257Notes and Questions 259Utah Housing Finance Agency v. Smart 259Notes and Questions 262Metro City Problem (cont.) 265

K. Nonprofit Housing Associations 266Notes and Questions 2691. Exemption From Federal Income Taxes 270

Plumstead Theatre Society, Inc. v. Commissioner 271Notes and Questions 272Low-Income Housing Guidelines 273Notes and Questions 276Metro City Problem (cont.) 276

2. Exemption from State Property Taxes 277Franciscan Tertiary Province of Missouri, Inc. v.

State Tax Commission of Missouri 277Notes and Questions 279

L. Housing Trust Funds, Impact Fees, and Inclusionary ZoningPolicies 281

Metro City Problem (cont.) 279Commercial Builders of Northern California v.

City of Sacramento 282Notes and Questions 287

Chapter 4 Consumerism and the Management of Housing 289A. Private Market Tenants 289

1. Tenant Protections in Private Housing: The Warrantyof Habitability as a Shield 290

Javins v. First National Realty Corp. 290Notes and Questions 298

2. The Implied Warranty Adopted as Sword or Shield 299Hilder v. St. Peter 299Uniform Residential Landlord and Tenant Act 304Notes and Questions 306

ix

3. The Warranty of Habitability as a Sword: Contractand Tort Theories 309

Berzito v. Gambino 309Notes and Questions 312(b) Tenant’s Action in Tort 312

Stoiber v. Honeychuck 312Notes and Questions 318

4. Resisting Retaliatory Eviction 320Edwards v. Habib 320Notes and Questions 323Uniform Residential Landlord and Tenant Act 327Notes and Questions 328

5. Rent Control 329(a) Overview: Pros and Cons 329

Donald C. Bryant & Henry W. McGee, Jr., Gentrificationand the Law: Combatting Urban Displacement 329

Notes and Questions 332(b) The Legal Status of Rent Control 335

(1) The First Generation Ordinances 335(2) The Second Generation Ordinances: Regulatingthe Cost of Habitation 335

Birkenfeld v. City of Berkeley 336Notes and Questions 338(3) The Future of Rent Control: The Resurgence of

Due Process 345(c) Due Process and Equal Protection Challenges 346Pennell v. City of San Jose 346Notes and Questions 349(d) Anti-Trust Challenges 352John Shepard Wiley, Jr., The Berkeley Rent Control Case:

Treating Victims as Villains 352Notes and Questions 353

6. Condominium Conversion 354Donald C. Bryant & Henry W. McGee, Jr., Gentrification

and the Law: Combatting Urban Displacement 355Notes and Questions 355Donald C. Bryant & Henry W. McGee, Jr., Gentrificationand the Law: Combating Urban Displacement 356

Notes and Questions 358B. Public Sector Tenants 359

1. The Government’s Role in the Management ofSubsidized Housing 359

(a) Admission Requirements 360Holmes v. New York City Housing Authority 360Notes and Questions 362Colon v. Tompkins Square Neighbors, Inc. 367Notes and Questions 370(b) Eviction and Management Issues 372

(1) Pre-eviction Hearings 373

x CONTENTS

Escalera v. New York City Housing Authority 373Notes and Questions 377

(c) The Special Issues of Drugs and Criminal Activity 380Pratt v. Chicago Housing Authority 380Notes and Questions 385

2. Government-Assisted Rental Shelter: Tenant Protectionin the Quasi-Private Sector 390

Joy v. Daniels 390Notes and Questions 393A Concluding Note on Reform of the Landlord-Tenant

Relationship 396Chapter 5 Community Revitalization 399

A. Neighborhood Revitalization and Preservation 4001. Neighborhood Preservation Through Building Demolition

and Housing Codes 402(a) The Constitutionality of Code Enforcement 402

Daniel R. Mandelker, Housing Codes, BuildingDemolition, and Just Compensation: A Rationale forthe Exercise of Public Powers Over Slum Housing 403

Notes and Questions 404Excerpts from a Typical Local Housing Code 405Notes and Questions 408Adamec v. Post 409Notes and Questions 413Daniel R. Mandelker, Julie Gibb & Annette B. Kolis,Differential Enforcement of Housing Codes—TheConstitutional Dimensions 415

Notes and Questions 419A Note on Housing Code Enforcement and FourthAmendment Protections Under Occupancy PermitOrdinances 423

Butcher v. City of Detroit 424Notes and Questions 425(b) Housing Courts and Housing Code Remedies 425W. Dennis Keating, Judicial Approaches to Urban Housing

Problems: A Study of the Cleveland Housing Court 426Notes and Questions 428DePaul v. Kauffman Supreme Court of Pennsylvania 428Notes and Questions 433A Note on Receiverships and Similar Remedies 435Moore v. City of Detroit 436Notes and Questions 437

2. The Neighborhood Investment Problem 438(a) Federal Housing Rehabilitation Programs 439(b) Local Tax Abatements and Community Development

Corporations 441Notes and Questions 442

B. A Theoretical Framework for Urban Redevelopment 4421. The Targeting Issue 444

CONTENTS xi

2. Blight as a Triggering Mechanism 446Notes and Questions 448Poletown Neighborhood Council v. City of Detroit 449Notes and Questions 452

C. The Federal Community Development Program 4541. Purposes and Objectives 454

Notes and Questions 456A Note on the Application and Review Process 458Notes and Questions 459

2. Eligible Activities 460Notes and Questions 460

3. Targeting Benefits for the Poor 463National Wildlife Federation v. Marsh 463Notes and Questions 466

4. The Funding Allocation Formulas 468Notes and Questions 469

5. Empowerment Zones and Enterprise Communities(and of Urban Development Action Grants, terminated) 470

(a) Empowerment Zones and Enterprise Communities 470Notes and Questions 471

(b) Urban Development Action Grants 472DeRosa v. United States Department of Housing and

Urban Development 472Notes and Questions 477

6. Housing Assistance Plans, Current Housing AffordabilityStrategies, and the Consolidated Plan 479

Notes and Questions 4807. Administrative Review 4818. Program Assurances and Responsibilities 482

(a) Citizen Participation 482Notes and Questions 484

(b) Environmental Review 484Notes and Questions 485

(c) Equal Opportunity 486Notes and Questions 487

D. Alternative Community Revitalization Strategies 4891. Federal Development 490

Otto J. Hetzel, Some Historical Lessons for Implementingthe Clinton Administration’s Empowerment Zones andEnterprise Communities Program: Experiences from the 491Model Cities Program 492

Notes and Questions 494James A. Kushner, Growth for the Twenty-First Century:

Tales from Bavaria and the Vienna Woods — ComparativeImages of Urban Planning in Munich, Salzburg, Vienna,and the United States 496

A Note on State Tax Increment Financing 501Notes and Questions 502

xii CONTENTS

Louise A. Howells, Looking for the Butterfly Effect:An Analysis of Urban Economic Development Under theCommunity Development Block Grant Program 503

Notes and Questions 5092. Transportation Planning and Redevelopment 511

Notes and Questions 513A Note on Transportation Planning 515James A. Kushner, A Comparative Vision of Ecology,Empowerment, and the Quest for a Just Society 516

Notes and Questions 520E. Displacement and Relocation 520

1. The Problem of Displacement 521(a) The Problem 521(b) The Uniform Relocation Act 522

Notes and Questions 524Johnson v. HUD 524Notes and Questions 530

2. Coverage and Benefits Under the Uniform Relocation Act 532(a) Definitions 532(b) Moving Expenses and Homeowner’s Payment 532(c) Tenant Payments 533(d) Federal Share 533

Notes and Questions 533A Note on State Relocation Laws 5373. Relocation Planning Requirements 539

Notes and Questions 540A Note on Acquisition Policies 544

Chapter 6 Fair Housing: Issues of Race and Class 545A Note on Fair Housing: Factual and Legal Contexts 546Notes and Questions 550A. Constitutional Basis for Fair Housing: Equal ProtectionTheory, Methodology, and Limits 552

A Note on Equal Protection 552James v. Valtierra 553

Notes and Questions 553Village of Arlington Heights v. Metropolitan Housing Dev.

Corp. [Arlington I] 554Notes and Questions 557

B. Legislative Fair Housing Policies: Governmental Duties 5611. Federal Affirmative Duty to Promote Fair Housing 562

N.A.A.C.P., Boston Chapter v. Secretary of Housingand Community Development 562

Notes and Questions 567N.A.A.C.P., Boston Chapter v. Kemp 567Notes and Questions 571Raso v. Lago 571Notes and Questions 577A Note on the Special Federal Role in Fair Housing 579Notes and Questions 584

CONTENTS xiii

2. The General Duty of Nondiscrimination 585(a) Intentional Discrimination 585

A Note on the Gautreaux Cases 585Gautreaux v. Chicago Housing Authority 591

Notes and Questions 593A Note on the Housing-Schools Nexus 595Notes and Questions 598

(b) Discriminatory Effects: The Prima Facie Case Approach 600Huntington Branch, NAACP v. Town of Huntington 600Notes and Questions 610

A Note on Exclusionary Zoning 612Peter W. Salsich, Jr. and Timothy J. Tryniecki,Land Use Regulation 613

Notes and Questions 6193. Discrimination Based on Handicap 622

Marbrunak, Inc. v. City of Stow 622Notes and Questions 626A Note on Fair Housing Enforcement and the FirstAmendment 628

Notes and Questions 6314. Restrictions on Occupancy 634

City of Edmonds v. Oxford House, Inc. 634Notes and Questions 640A Note on Municipal Services Equalization 640Notes and Questions 642

C. Legislative Fair Housing Policies: Discrimination inthe Marketplace 644

A Note on Coordination of Title VIII and Section 1982 644Notes and Questions 6451. The Limits of Fair Housing Policy: “Managed Occupancy”

and Integration Maintenance 648United States v. Starrett City Associates 648Notes and Questions 654

2. Disparate Treatment: The Prima Facie Case Approach 656Robinson v. 12 Lofts Realty, Inc. 656Notes and Questions 667A Note on Mixed Motives and “Partial” Discrimination 669Notes and Questions 671

3. Discrimination Based on Familial Status 671Soules v. U.S. Dept. of Housing and Urban Development 671Notes and Questions 680

4. Discrimination Based on Sex and Sexual Harassment 681Krueger v. Cuomo 681Notes and Questions 686

5. Discriminatory Mortgage Lending and Mortgage Redlining 687Latimore v. Citibank, F.S.B. 687Notes and Questions 691A Note on the “Exploitation” Theory 694

6. Discriminatory Insurance Practices and Insurance Redlining 697

xiv CONTENTS

Nationwide Mutual Insurance Company v. Cisneros 697Notes and Questions 705

7. Steering and Blockbusting 705Heights Community Congress v. Hilltop Realty 705Notes and Questions 711

8. Enforcement Procedures, Options, Damages, and Remedies 715Notes and Questions 718

Table of Cases(Principal cases are listed in bold).111 E. 88 St. Partners v. Simon, 3192225 New York Avenue Ltd. v. Cisneros, 128A.H. Phillips, Inc. v. Walling, 637Abbott Laboratories v. Gardner, 104Adamec v. Post, 409Adarand Constructors, Inc. v. Pena, 573, 582Agins v. Tiburon, 351Aiken v. City of Memphis, 577Alexander v. HUD, 534Allen v. Wright, 120Alpine Ridge Group v. Kemp, 214Alshuler v. HUD, 456Altz v. Lieberson, 295Amberhill v. City of Berkeley, 341Amen v. City of Dearborn, 541American Apartment Mgmt. Co., Inc. v. Phillips, 386American Disabled for Attendant Programs Today v. U.S. Department of Housing and

Urban Development, 628American School of Magnetic Healing v. McAnnulty, 104AMN Inc. v. So. Brunswick Rent Leveling Bd., 356Anast v. Commonwealth Apartments, 627Anderson v. City of Alpharetta, 564, 612Anderson v. City of Bessemer City, 707Anderson v. Denny, 395Angell v. Town of Manchester, 487, 488Angell v. Zinsser, 487Argersinger v. Hamlin, 377Armstrong v. United States, 347Arthur v. Starrett City Assocs, 649Atkins v. Robinson, 611Attorney General v. Desilets, 633Auraria Businessman v. Denver Urban

Renewal Auth., 537Avery v. City of Chicago, 487Baiza v. Southgate Recreation & Park Dist., 538Baker v. Carr, 112Baker v. Cincinnati Metropolitan Hous. Auth., 371Barnhart v. Brinegar, 534, 544Bay Park One Co. v. Crosby, 319

CONTENTS xv

Beal v. Lindsey, 641Beaver County Bldg. & Loan Ass’n v. Winowich, 432Becker v. IRM Corp., 318, 319Bell v. Tsintolas Realty Co., 308Berenson v. Town of New Castle, 620Berman v. Parker, 447-448, 451, 503Berzito v. Gambino, 309Betsey v. Turtle Creek Associates, 668Billington v. Underwood, 363Birkenfeld v. City of Berkeley, 49, 55, 330, 336, 339, 345Bishop v. Pecsok, 664, 666, 670Blackshear Resident Org. v. City of Austin, 463Block v. Hirsh, 430Bloom v. Niagara Falls Hous. Auth., 193Board of Education of Oklahoma City

Public School, Independent School District No. 89 v. Dowell, 597Board of Regents v. Bakke, 582Board of Supervisors v. Dolan, 439Boehm v. Superior Court, 56Boston Hous. Auth. v. Hemingway, 2 9 8 , 3 0 1Boston Public Hous. Tenants’ Policy

Council v. Lynn, 193Bowen v. Agencies Opposed to Soc. Sec.

Entrapment, 127Bowen v. Massachusetts, 124Bowles v. Willingham, 335, 348, 349Boyd v. Lefrak Organization, 661, 667Bradley v. HUD, 467Bradley v. School Board, 599Bragdon v. Abbott, 627Brandon v. Pierce, 485Brennan v. Cockrell Investments, 314Brewer v. Erwin, 319Britton v. Town of Chester, 616Broaden v. Harris, 456Broadway Theatre League of Lynchburg, Va. v. United States, 272Brock v. Watts Realty Co., 319Bronk v. Ineichen, 627B rown v. Board of Educat i o n , 1 8 9 , 5 4 8 , 5 9 5B rown v. Southall Realty Co., 2 9 5 , 2 9 8 , 3 2 4Brown v. State Realty, 712Brownstein v. Edison, 319Brunetti v. Borough of New Milford, 341Buchanan v. Warley, 548Building Monitoring Systems, Inc. v.

Paxton, 328Burney v. Hous. Auth., 584, 651

xvi CONTENTS

Burton v. Wilmington Parking Auth., 368-369, 391, 560Bush v. Kaim, 666Business Ass’n of University City v.

Landrieu, 579Butcher v. City of Detroit, 424C & A Carbone, Inc. v. Town of

Clarkstown, 510Cafeteria & Restaurant Workers Union, Local 473 v. McElroy, 374Callahan v. Carey, 57Camara v. Municipal Court, 423Campbell v. Minneapolis Public Hous. Auth., 386Carey v. Piphus, 222Castel Pro p e rt i e s , L t d. v. City of Mari o n , 5 0 2Caulder v. Durham Hous. Auth., 377, 392, 395Central Brooklyn Urban Development Corp. v. Copeland, 395Charlotte Hous. Auth. v. Patterson, 386Chase Manhattan Bank v. T&N, PLC, 414Chernin v. Welchans, 433Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., 98, 700Chicago Board of Realtors v. City of Chicago, 433Chicago Hous. Auth. v. Austin, 588Church of Scientology Flag Service Org., Inc. v. City of Clearwater, 117Cienega Gardens v. United States, 126, 127Cisneros v. Alpine Ridge Group, 212Citizens for Underground Equality v. City of Seattle, 644Citizens to Preserve Overton Park v. Volpe, 456, 566City of Center Line v. Chmelko, 453, 502City of Chicago v. Chicago Title and Trust Co., 434City of Cleburne v. Cleburne Living Center, 560City of Duluth v. State, 453City of Eastlake v. Forest City Enterprises, Inc, 49, 114City of Edmonds v. Oxford House, Inc., 634City of Hartford v. Mejias, 537City of Hartford v. Towns of Glastonbury, 481City of Jamestown v. Leevers Supermarkets, 453, 502City of Kansas City v. Hon, 453City of Kansas City v. United States

Department of Housing and Urban Development, 95

City of Lebanon v. HUD, 481City of Loveland v. Pierce, 481City of Memphis v. Greene, 644City of New Haven v. United States, 87City of New York v. Pierce, 478City of Norwood v. Harris, 487City of Owensboro v. McCormick, 454City of Richmond v. J.A. Croson Co, 573, 582City of Santa Monica v. Yarmack, 342City of South San Francisco Hous. Auth. v. Guillory, 386

CONTENTS xvii

City of St. Louis v. Brune, 419City of West Hollywood v. Beverly Towers, 356Clairton Sportsmen’s Club v. Pennsylvania Turnpike Comm’n, 515Clark v. Universal Builders, 694, 695Clarke v. Securities Industry Ass’n, 120Clients’ Council v. Pierce, 563Clinton v. City of New York, 83Coffey v. Romney, 578Cole v. Hous. Auth., 364Coles v. Havens Realty Corp., 714Colon v. Tompkins Square Neighbors, Inc., 367Comer v. Cisneros, 364Commercial Builders of Northern

California v. City of Sacramento, 282Commissioner v. Clark, 636Commonwealth v. Monumental Properties, Inc., 320Community Renewal Foundation v. Chicago Title and Trust, 438Concerned Tenants Ass’n v. Pierce, 57Concerned Tenants Association of Father Panik Village v. Pierce, 193Conecuh-Monroe Community Action Agency v. Bowen, 101Conservation Law Found. v. Federal

Highway Admin., 515Consumer Product Safety Comm’n v. GTE Sylvania, 530Contract Buyers League v. F & F

Investment, 695Cooper v. Aaron, 368Cort v. Ash, 104, 105, 110Courtesy Sandwich Shop, Inc. v.. Port of New York Auth, 453Cowherd v. Department of H.U.D., 225Crosby v. Young, 485Croskey Street Concerned Citizens v.

Romney, 578Crow v. Brown, 599, 611, 612Currier v. City of Pasadena, 424Cuyahoga Metropolitan Housing Authority v. City of Cleveland, 183Dailey v. City of Lawton, 611Dandridge v. Williams, 54Darby v. Cisneros, 121Darby v. Kemp, 122Daskel Investors, Inc. v. Rosenbloom, 358Davis v. City of Berkeley, 553Davis v. City of Toledo, 186Davis v. HUD, 394, 463, 563Davis v. Mansfield Metropolitan Hous. Auth., 394Davis v. New York City Hous. Auth., 365Dawson v. HUD, 536DePaul v. Kauffman, 55, 428DeRosa v. United States Department of Housing and Urban Development, 472Devines v. Maier, 422, 537

xviii CONTENTS

Duckett v. Silberman, 666Dugger v. City of Missoula, 535Duke Power Co. v. Carolina Environmen-

tal Study Group, 113Dukes v. Durante, 537Dunn v. Midwestern Indem. Mid-Ameri-

can Fire & Casualty Co., 702East Ark. Legal Servs. v. Legal Servs.

Corp, 100East Cape May Assoc. v. Dept. of

Environmental Preservation, 276Edmonds v. Washington State Building

Code Council, 635Edwards v. District of Columbia, 57, 321,

328, 535Edwards v. Habib, 296, 320, 344Ehrlich v. Culver City, 538Eisen v. Eastman, 337Elridge v. Koch, 57English v. Town of Huntington, 486, 541,

558Entelman v. Hagood, 52Erlich v. City of Culver City, 288Escalera v. New York City Housing

Authority, 373Evans v. Buchanan, 599Falzarano v. United States, 110Farrell v. Drew, 433FCC v. Florida Power Corp, 348Feagley v. Huntington County Planning

Comm’n, 538Ferguson v. Metropolitan Dev. & Hous.

Auth., 371, 394Fernley v. Board of Supervisors, 620Fire v. City of Winner, 644

Firefighters Local Union No. 1784 v.Stotts, 582

First English Evangelical Lutheran Churchof Glendale v. County of Los Angeles,347

Fisher v. City of Berkeley, 331, 341, 352Flagg Bros., Inc. v. Brooks, 55Flast v. Cohen, 112Flemming v. Nestor, 393Fletcher v. Hous. Auth. of Louisville, 195Flowers Industries v. F.T.C, 117Floyd v. Hernandez-Pinero, 367Foisy v. Wyman, 299Foxglenn Investors Ltd. Partnership v.

Cisneros, 128FPC v. Texaco Inc, 348Franciscan Tertiary Province of Mis-

souri, Inc. v. State Tax Commission ofMissouri, 277

Franklin v. New Jersey Dep’t of Human Services, 58

Frenchtown Villa v. Meadors, 328Frisby v. HUD, 535Frothingham v. Mellon, 112Fullilove v. Klutznick, 582G.D. Management Co. v. Negro, 356Gambone v. Commonwealth, 430Garrett v. City of Hamtramck, 486, 541Gart v. Cole, 483Gates v. Housing Appeals Bd., 414Gautreaux v. Chicago Housing Author-

ity, 585-586, 591Gautreaux v. Landrieu, 585, 589, 593Gautreaux v. Pierce, 585-586, 589-590Gautreaux v. Romney, 585-588

xix

Diamond Hous. Corp. v. Robinson, 323-326, 328DiCenso v. Cisneros, 684, 686Dickeyville Ass’n v. HUD, 486Dilling Mechanical Contractors, Inc. v. NLRB, 684Doe v. New Bedford Hous. Auth., 319Dolan v. City of Tigard, 288, 350, 538Doll v. Rapp, 299Dome Realty, Inc. v. City of Paterson, 424Dowdell v. City of Apoka, 643Drain v. Friedman, 666Drake v. Pierce, 111, 218

Gaylord v. Beckett, 502Geneva Towers Org. v. Federated Mort-

gage Investors, 396George Washington University v.

Weintraub, 306Germain v. Recht-Goldin-Siegel Proper-

ties, 371Gholston v. Hous. Authority of City of

Montgomery, 195Gilligan v. Jamco Dev. Co., 680Girard v. Town of Allenstown, 342Gladstone Realtors v. Village of Bellwood,

113, 655, 707, 713Glover v. Hous. Auth., 377Goldberg v. Kelly, 374-377, 394Golden Gate Hotel Ass’n v. City of San

Francisco, 538Gomez v. Chody, 543Gomillion v. Lightfoot, 46, 555Goolsby v. Blumenthal, 489Goudreau v. City of Cleveland, 425Grand Boulevard Improvement Ass’n v.

City of Chicago, 456, 467Green Park Associates v. Inman, 395G reen v. Superior Court , 2 9 8 , 3 0 7 , 3 1 3 ,

3 1 8Gregory Marins, Inc. v. Detroit, 451G rego ry v. City of San Juan Cap i s t ra n o ,

3 4 1Griffin Development Co. v. City of Ox-

nard, 356Griggs v. Duke Power Co., 603Grove City College v. Bell, 583Guardians Ass’n v. Civil Serv. Comm’n,

487Guimont v. Clarke, 538Hadecheck v. Sebastian, 350Hadnott v. City of Prattville, 644Hall v. City of Santa Barbara, 343-344Hanley v. Mitchell, 485Hardy v. Griffin, 320Harris v. Lynn, 535Harrisburg Coalition Against Ruining the

Env’t v. Volpe, 541Hart v. Community School Board, 595-

596Havens Realty Corp. v. Coleman, 707, 714Hawaii Hous. Auth. v. Midkiff, 448Hawkins v. Town of Shaw, 641

Health Department of City of New York v.Rector, etc., of Trinity Church, 410

Heights Community Congress v. Hilltop Realty, 705

Helmsley v. Borough of Fort Lee, 331,342

Henningson v. Bloomfield Motors, Inc.,294

Henry Horner Mothers Guild v. ChicagoHous. Auth., 523

Hess v. Ward, 365HFH Ltd. v. Superior Court, 350Hilder v. St. Peter, 299Hill v. Group Three Hous. Dev. Corp, 371Hills v. Gautreaux, 585, 588, 593-595,

599-600Hirschel v. City of New York, 339, 350Hishon v. King & Spalding, 630Hispanics United v. Village of Addison,

542Ho Ah Kow v. Nunan, 322Hodge v. Ginsberg, 56Holbrook v. Pitt, 211Holmes v. New York City Housing

Authority, 360Home Bldg. & Loan Ass’n v. Blaisdell,

432Honce v. Vigil, 686Honorable v. The Easy Life Real Estate

System, Inc., 697Hornsby v. Allen, 362Hosey v. Club Van Cortlandt, 328Housing Auth. v. Saylors, 377Housing Auth. of City of Los Angeles v.

City of Los Angeles, 188Housing Auth. of Newark v. Smith, 385Housing Auth. of Omaha v. United States

Housing Auth., 359Housing Auth. of Passaic v. Torres, 192Housing Opportunities Made Equal v.

Cincinnati Enquirer, 677, 680Housing Pioneers , I n c. v. Commissioner,

2 7 3Houston v. City of Cocoa, 542HUD v. Baumgardner, 686HUD v. Johnson, 524, 574, 630HUD v. Weber, 630HUD v. Williams, 630Hunter v. Erickson, 46, 48

xx TABLE OF CASES

Huntington Branch, NAACP v. Town ofHuntington, 119, 600-601

Hutton Park Gardens v. Town Council,337, 339

INS v. Chadha, 87, 93, 467In re Advisory Opinion, 502In re Elroy R. and Doro t hy Burns Tru s t ,

6 2 7In re Willie L. Williams, 627In the Matter of the Petition of The City of

Seattle In re The Westlake Project, 454Ingalls v. Hobbs, 290Inganamort v. Borough of Fort Lee, 341INS v. Cardoza-Fonesca, 98, 103International Union, United Mine Workers

v. Federal Mine Safety & Health ReviewComm’n, 98

Isham v. Pierce, 536Jack Spring, Inc. v. Little, 298Jackson v. Lynn, 236Jackson v. Okaloosa County, Fla., 115,

129Jackson v. Romney, 236Jaimes v. Lucas Metro. Hous. Auth., 584Jaimes v. Toledo Metro. Hous. Auth., 118James v. Valtierra, 45, 48, 553, 667Jancik v. Department of Housing & Urban

Development, 680, 684Jarrett v. E.L. Harper & Son, Inc., 308Javins v. First National Realty Corp.,

290Jeffries v. Georgia Residential Finance

Auth., 394Johnson v. City of Paducah, 404Johnson v. County of Chester, 480Johnson v. HUD, 524, 574, 630Johnson v. Scandia Associates, Inc., 319Johnson v. Tamsberg, 393Johnson v. Transportation Agency, 582Joint Anti-Fascist Refugee Comm. v.

McGrath, 376Jones v. Alfred H. Mayer Co, 549, 646-

647Jones v. District of Columbia Redev. Land

Agency, 540Jorman v. Veterans Admin., 120Joy v. Daniels, 344, 390, 393-395Kanelos v. Kettler, 295

Kankakee County Hous. Auth. v. Spur-lock, 541

Kaukas v. City of Chicago, 413Kavanau v. Santa Monica, 276Kazanoff v. U.S, 414Kennedy Park Homes Ass’n v. City of

Lackawanna, 611, 701Keyes v. School District No. 1, 595, 598King v. Harris, 579King v. New Rochelle Municipal Hous.

Auth., 364Kingston Square Tenants’Assoc. v.

Tuskegee Gardens, Ltd., 320Kirkpatrick v. City of Oceanside, 343Klein v. A l l eg h e ny County Health Dep ’t ,

4 3 0Kline v. Burns, 301Krueger v. Cuomo, 681La Raza Unida v. Volpe, 489, 534Lancaster Redev. Agency v. Dibley, 502Lane v. McGarry, 364Lansing Dairy, Inc. v. Espy, 700Latimore v. Citibank, F.S.B, 686Latinos Unidos de Chelsea en Accion v.

HUD, 119, 487Latinos Unidos de Chelsea en Accion v.

Secretary of Housing and Urban Development, 104

Lavoie v. Bigwood, 392Lawler v. Capital City Life Insurance Co.,

290Leardi v. Brown, 306, 320Lemle v. Breeden, 293, 298Leroy Land Development v. TRPA, 286Lindsey v. Normet, 50, 395, 558Linmark Associates Inc. v. Township of

Willingboro, 628, 711, 712Little Rock School Dist. v. Pulaski County

Special School Dist., 599Local No. 93, International Association of

Firefighters v. City of Cleveland, 582Lock Haven Property Owners’Association

v. City of Lock Haven, 425Lopez v. Henry Phipps Plaza South, I n c. ,

3 7 7Loretto v. Teleprompter Manhattan CATV

Corp., 348, 350, 423, 436Love v. De Carlo Homes, Inc., 696

TABLE OF CASES xxi

Lower Manhattan Loft Tenants v. NewYork City Loft Bd, 414

Lower Moreland Homeowner’s Ass’n v.HUD, 481

Lucas v. South Carolina Coastal Council,351, 538

Lugar v. Edmonson Oil Co, 55M.C. West, Inc. v. Lewis, 488MacCloud v. County of Santa Clara, 350Mackey v. Nationwide Ins. Cos., 701Madison v. Jeffers, 670Maeberry v. Hous. & Redev. Auth., 377Maine State Hous. Auth. v. Depositors

Trust Co., 263Maine v. Thiboutot, 107Malone v. Fenton, 611Marbrunak, Inc. v City of Stow, 622Maready v. City of Winston-Salem, 509Marini v. Ireland, 310-311Marr v. Rife, 708Marsh v. Alabama, 345Martin v. North Carolina Housing Corp.,

263Maryland Mortgage & Investment Co. v.

State, 422Massachusetts Hous. Finance Agency v.

New England Merchants National Bank,263

Maticka v. City of Atlantic City, 58Mayo v. Boston Rent Control Adm’r, 344McCarthy v. Madigan, 124McDonnell Douglas Corp. v. Green, 602,

663, 674McGowan v. Maryland, 52McHugh v. Santa Monica Rent Control

Board, 351M c Keon v. Hastings College of the Law,

5 3 7McLaughlin v. Florida, 369McNair v. New York City Hous. Auth.,

371McQueen v. Druker, 393Mease v. Fox, 298, 307Meija v. HUD, 486Metro Broadcasting, Inc. v. FCC, 583Metropolitan Housing Dev. Corp. v. Vil-

lage of Arlington Heights, 554, 573, 602

M e t ropolitan Pittsbu rgh Non-Pro fit Hous.C o rp. v. Board of Pro p e rty A s s e s s m e n t ,2 7 9

Miami Beach v. Arlen King Cole CondoAssn, 356

Michigan Protection and Advocacy Ser-vice, Inc. v. Babin, 646

Middlesex County Sewerage Auth. v.National Sea Clammers Assn, 107

Miller v. Hartwood Apartments, Ltd., 396Miller v. Johnson, 574, 576M i l l i ken v. Bra d l ey, 1 3 3 , 5 9 3 , 5 9 5 , 5 9 9 ,

6 9 6Minneapolis Public Hous. Auth. v. Lor,

386Missouri v. Jenkins, 597-598, 642Mitchell v. HUD, 395Moore v. City of Detroit, 436Moore v. City of East Cleveland, 636Moore v. Townsend, 670Moorer v. HUD, 536Moose Lodge No. 107 v. Irvis, 391Morris County Trust for Historic

Preservation v. Pierce, 486Munoz-Mendoza v. Pierce, 106N.A.A.C.P. v. American Family Mut. Ins.

Co., 700N.A.A.C.P., Boston Chapter v. Kemp,

567N.A.A.C.P., Boston Chapter v. Secretary

of Housing and Community Develop-ment, 104, 561-562

NAACP Boston Chapter v. Harris, 119NAACP v. Pierce, 119, 487, 562NAACP v. Harris, 119, 562NAACP v. Secretary of HUD, 119, 487NAACP-Santa Rosa-Sonoma County

Branch v. Hills, 463Nagi v. United States, 532Nash v. City of Santa Monica, 342, 355Nashville I-40 Steering Comm. v. Elling-

ton, 541Nashvillians Against I-440 v. Lewis, 541National Leased Hous. Ass’n v. United

States, 216National Tenants Organization, Inc. v.

HUD, 192National Wildlife Federation v. Marsh,

463, 486

xxii TABLE OF CASES

Nationwide Mutual Insurance Companyv. Cisneros, 697

Nebbia v. New York, 337, 345, 347-348New Jersey v. Pierce, 478, 510New Orleans v. Dukes, 349New York State Association of Realtors,

Inc. v. Shaffer, 632New York Urban League v. State of New

York, 516Newbern v. Lake Lorelei, Inc., 664Nickols v. Pierce, 459NLRB v. United Food Commercial Work-

ers Union, 98Nolan v. Jones, 430Nollan v. California Coastal Comm’n,

283-284, 286, 538Northeast Constr. Co. v. Romney, 488Norwalk CORE v. Norwalk Redevelop-

ment Agency, 483Nucleus of Chicago Homeowners Ass’n v.

Lynn, 485, 588Old West End Ass’n v. Buckeye Fed. Sav.

& Loan, 689Olmsted Citizens for Better Community v.

United States, 485Orange Taxpayers Council, Inc. v. City of

Orange, 433Ortega v. Flaim, 306Otero v. New York City Hous. Auth., 542,

574, 651Otis Elevator Co. v. Secretary of Labor,

701P.H. Investment v. Oliver, 306Parent Ass’n of Andrew Jackson High

School v. Ambach, 651Parker v. Shonfeld, 647Parkridge Investors Ltd. Partnership v.

Farmers Home Admin., 530Parks v. Watson, 284Partnership for Affordable Housing v.

Board of Review for the City of Davenport, 279

Pasadena City Bd. of Educ. v. Spangler,595, 598

Patsy v. Board of Regents of Florida, 124Payne v. Bracher, 670Payne v. HUD, 481Pearson v. Edgar, 632

Penn Central Transportation Co. v. City ofNew York, 350

Pennell v. City of San Jose, 341, 346Pennhurst State School and Hospital v.

Halderman, 107People ex rel. Detroit Howell R. Co. v.

Salem Twp. Board, 451People Helpers Foundation v. Richmond,

630People v. H & H Properties, 342People v. Halpern, 413People v. Thomas Shelton Powers, M.D.,

Inc, 358Perez v. Boston Hous. Auth., 194Perry v. Royal Arms Apartments, 395Perry v. Sinderman, 222Peterson v. Superior Court, 319Phelps v. Hous. Auth., 363Phillips Neighborhood Hous. Trust v.

Brown, 386Pines v. Perssion, 293, 298Plessy v. Ferguson, 548Plumstead Theatre Society, Inc. v.

Commissioner, 271Poletown Neighborhood Council v. City

of Detroit, 449Powelton Civic Home Housing Assn v.

HUD, 483Pratt v. Chicago Housing Auth., 380Price v. Pierce, 111, 211Prince George’s County v. Collington, 453Property Owners Association v. Township

of North Bergen, 350Pugh v. Holmes, 307Quevedo v. Braga, 312R.A.V. v. City of St. Paul, 629Racey v. Muir, 631Ragin v. New York Times Co., 677, 680Rainier Vi ew A s s o c i ates v. United Stat e s ,

2 1 3Raleigh Hous. Auth. v. Allen, 386Ramirez, Leal & Co. v. C.D.A, 488Ranjel v. City of Lansing, 48Raso v. Lago, 542, 571, 583, 655Reiner v. West Village Assocs, 396Reitmeyer v. Sprecher, 430Rent Stabilization Ass’n v. Higgins, 351Rental Hous. Ass’n of Greater Lynn, Inc.

v. Hills, 481

TABLE OF CASES xxiii

Resident Advisory Board v. Rizzo, 604Resolution Trust Corp. v. Diamond, 358Ressler v. Pierce, 371Reste Realty Corp. v. Cooper, 293, 310Rich v. Georgia, 263Richards v. Mangum, 647Richardson v. Howard, 715Richmond Tenants Org. v. Richmond

Redev. Auth., 388Rio Vista Non-Profit Housing. Corp. v.

County of Ramsey, 279Rivera v. Martin, 434RKO General, Inc. v. FCC, 100Roberts v. United States Jaycees, 630Robertson v Methow Valley Citizens

Council, 515Robinson v. 12 Lofts Realty, Inc., 604,

656Robinson v. Diamond Hous. Corp., 323-

326, 328Rowe v. Pittsgrove Township, 541Rowland v. Christian, 314, 316, 318Rucker v. Davis, 387Rudder v. United States, 369, 372Rue-Ell Enterprises, Inc. v. City of Berke-

ley, 340, 351Runyon v. McCrary, 630Sabato v. Sabato, 345Salvation Army v. Hoehn, 278Samuels v. District of Columbia, 396San Antonio Indep. School Dist. v.

Rodriguez, 54Sanders v. Cruise, 378Santa Monica Beach Ltd. v. Superior

Court, 342Sassower v. Field, 674Saunders v. First National Realty Corp.,

290-291S a u n d e rs v. General Services Corp . , 6 7 8 ,

6 8 1Saxton v. Hous. Auth., 396Schad v. Borough of Mount Ephraim, 345Schmidt v. Boston Hous. Auth., 584Schnuck v. City of Santa Monica, 351School Board v. State Bd. of Educ., 599Schweiger v. Superior Court, 326Selmont Improvements Assoc. v. Dallas

County Comm’n, 644Service v. Dulles, 475

Shaker Heights v. Shaker Heights Hous. Assocs., 584

Shannon v. Department of Housing andUrban Development, 577

Shapiro v. Thompson, 364Shaughnessy v. Pedreiro, 124Shaw v. Digital Equipment Corp., 573Shaw v. Reno, 574, 576, 583Shelly v. Kraemer, 548Sierra Club v. Pena, 515S i l va v. East Providence Hous. Au t h o ri t y,

1 9 2Simmons v. Drew, 221, 394Simon v. Eastern Kentucky Welfare Rights

Organization, 113Singleton v. Drew, 363Sintra, Inc. v. City of Seattle, 538Smith v. Anchor Bldg. Corp., 661Smith v. Board of Education, 222Smith v. Fair Employment & Housing

Commission, 633Smith v. Hendrix, 395Smith v. Illinois Bell Tel. Co., 339Smith v. Reeder, 52Smith v. Robinson, 107, 109, 670Smith v. Sol D. Adler Realty Co, 665-666Smith v. Town of Clarkton, 119, 611Sobel v. Yeshiva Univ., 603Soble v. Alis, 425Society Hill Towers Owners’Ass’n v.

Rendell, 478Sofarelli v. Pinellas County, 630Soules v. U.S. Dept. of Housing and

Urban Development, 671Southeastern Community College v. Davis,

627Southend Neighborhood Improvement

Corp. v. County of St. Clair, 644Spann v. Colonial Village, 681Sperry Corp. v. United States, 285Stanley v. Moore, 320State ex rel Beck v. City of York, 502State ex rel. Douglas v. Nebraska Mort-

gage Finance Fund, 439State ex rel. Plaza Properties, Inc. v.

Kansas City, 502State ex rel. State Highway Comm’n v.

Anderson, 544State ex rel. Warren v. Nusbaum, 263

xxiv TABLE OF CASES

State v. Clay County Dev. Auth., 502State v. French, 634State v. Housing Finance Auth., 439State v. Schwab, 320Stephanus v. Anderson, 328Stephenson v. Ridgewood Village

Apartments, 627Steptoe v. Savings of America, 689Steup v. Indiana Hous. Auth., 264Stevens v. Dobs, Inc., 664Stewart v. Furton, 677Stewart v. Green, 343Stoiber v. Honeychuck, 307, 312Strycker’s Bay Neighborhood Council,

Inc. v. Karlen, 579Strycker’s Bay Community Council v.

Karlen, 485Strykers Bay Neighborhood Council v.

City of New York, 515Sullivan v. Little Hunting Park Inc., 647Summeries, et al. v. CHA, 381, 385Sumpter v. White Plains Hous. Auth., 363Surrick v. Zoning Hearing Board, 481, 620Suter v. Artist M., 111Sutton v. City of Milwaukee, 223Swann v. Charlotte-Mecklenburg Board of

Education, 595Swann v. Gastonia Hous. Auth., 395-396Sweetwater Valley Civic Ass’n v. National

City, 503Syracuse Hous. Auth. v. Boule, 386Tax Increment Fin. Comm’n v. J.E. Dunn

Constr. Co, 502Teller v. McCoy, 307Ten West 28th Street Realty Corp. v.

Moerdler, 433Tenement House Department of City of

New York v. Moeschen, 412Terrace Housing Associates, Ltd. v.

Cisneros, 128Texaco, Inc. v. Short, 423Thomas v. Anchorage Equal Rights

Commission, 633Thomas v. Hous. Auth., 369Thompson v. Hous. Auth., 578Thompson v. Th o m p s o n , 1 1 0 , 3 6 4 , 5 5 8 ,

5 7 8Thorpe v. Hous. Auth. of City of Durham,

187, 373-374

TOOR v. HUD, 540, 543Topics Residents Club v. California Trop-

ics Investors 1992, 681Town of Secaucus v. Department of

Transp., 515Township of Williston v. Chesterdale

Farms, Inc, 480-481Tra fficante v. Metro. Life Insurance Co.,

1 1 8Traylor v. City of Amarillo, 404Trentacost v. Brussel, 319Tribe v. Salt Lake City Corporation, 261Troy Hills Village v. Parsippany-Troy Hills

Tp. Council, 341Tullock v. State Highway Comm’n, 539Tyson v. New York City Hous. Auth., 377Tyus v. Urban Search Management, 680Ulster County Community Action Comm.

v. Koenig, 485United Farm Workers of America v.

Superior Court, 316United States v. 92 Buena Vista Ave, 389United States v. Balistrieri, 685United States v. Barrett, 193United States v. Board of School Comm’n,

599United States v. Bob Lawrence Realty,

Inc., 713United States v. City of Birmingham, 48,

611-612United States v. City of Black Jack, 612,

666, 675United States v. City of Parma, 136, 487,

612, 697, 701United States v. Columbus Country Club,

633United States v. Gilman, 677United States v. Grooms, 664United States v. Hayward, 633United States v. Higgins, 383United States v. Hunter, 677, 680United States v. James Daniel Good Real

Property, 389United States v. L & H Land Corp., 677United States v. Mintzes, 713United States v. Mitchell, 630, 710, 713United States v. Northside Realty, 612United States v. Paradise, 582United States v. Pelzer Realty Co., 665

TABLE OF CASES xxv

United States v. Real Estate One, 713United States v. Robinson, 389, 656, 666United States v. Saroff, 712United States v. Sperry Corp, 285United States v. Starrett City Associates,

604, 648United States v. Weber, 582United States v. West Peachtree Tenth

Corp, 612, 664United States v. Winstar Corp., 125United States v. Yonkers Bd. of Educ, 72United States v. Youritan Construction Co,

664Universities Research Ass’n v. Coutu, 488Utah Housing Finance Agency v. Smart,

259Valtierra v. Hous. Auth., 313 F. Supp. 137Van Buren Apartments v. Adams, 328Vance v. Bradley, 349Vandermark v. Hous. Auth., 394Vanlandingham v. Ivanow, 308Venice Town Council v. City of Los

Angeles, 538Vesley v. Sager, 316Vieux Carre Property Owners, Residents

& Assocs., Inc. v. Pierce, 486Village of Arlington Heights v.

Metropolitan Housing Dev. Corp., 114,554, 572-573, 602, 611, 660, 662

Village of Belle Terre v. Boraas, 636Village of Euclid v. Ambler Realty Co.,

613, 636Vinson v. Greenburgh Hous. Auth., 379Wade v. Jobe, 308Warth v. Seldin, 49, 113-114, 117, 560,

599Washington v. Davis, 554-557, 559, 563,

573, 602, 611, 643, 661Washington v. Seattle School Dist. No. 1,

4 9Washington v. Sherwin Real Estat e, I n c. ,

6 6 9Watson v. Pathway Fin, 688Watson v. Sellers, 319Webb’s Fabulous Pharmacies, Inc. v.

Beckwith, 284Wentworth Hotel, Inc. v. Town of

Newcastle, 356West Lynn Creamery, Inc. v. Healy, 510

West v. Tennessee Housing DevelopmentAgency, 261

Westchester West No. 2 Ltd. Part v.Montgomery County, 337

Wheatley Heights Neighborhood Coalitionv. Jenna Resales Co., 713

Wh e t zel v. Jess Fisher Management Co.,2 9 5

White v. Julian, 128, 631Wiggins v. Department of Hous. and

Urban Dev., 395Wilder v. Virginia Hospital Association,

111Williams v. Matthews Co., 662, 664Williamson County Regional Planning

Comm’n v. Hamilton Bank of JohnsonCity, 123

Wilmington Parking Auth. v. Land With Improvements, 454

Wilson v. Garcia, 647Wilson v. Glenwood Intermountain

Properties, Inc, 633Winchester Management Corp. v. Staten,

307Wisconsin v. Mitchell, 629-630Woods v. Cloyd Miller Co., 335Woods Drake v. Lundy, 670Wright v. Roanoke Redevelopment and

Housing Authority, 107, 111Wygant v. Jackson Board of Education,

582Yesler Terrace Community Council v.

Cisneros, 378Yick Wo v. Hopkins, 555, 558, 573, 641Young v. American Mini Theatres, Inc.,

437Young v. Harris, 536-537Young v. Pierce, 106Zeuger Milk Co. v. Pittsburgh School

District, 432Zuch v. Hussy, 707

Preface to the First Edition (1981)Housing and community development

programs present fascinating and complexproblems for lawyers concerned with thequality of urban life. This book, the firstcomprehensive treatment of this field inover a decade, presents a systematic

xxvi TABLE OF CASES

overview of these programs and the policyissues they raise. Its authors have broughtto these materials a wealth of personal andacademic experience, which they hope willenliven its presentation and encourage theircolleagues to consider this important areaof public concern.

The core of the book is the centralchapters on the key housing and commu-nity development programs. Chapter 3 con-siders housing subsidies, and concentrateson the federal housing programs. Thechapter is organized by program type, andcovers the extensive rental housing assis-tance programs and the more modest pro-grams subsidizing home ownership. A sub-sidy matrix at the beginning of the chapterpresents the basic policy choices any hous-ing subsidy program must make, and pro-vides an introduction and focus for the pro-gram material. A concluding sectionexamines alternatives to existing subsidyprograms, and points the way to reexami-nation and change. Chapter 7 continuesand expands this examination of futurepolicy alternatives.

Chapter 4 examines state landlord-ten-ant laws, state and local rent controls, andcondominium conversion. It also considersthe constitutional due process rights of ten-ants in subsidizing housing. The focus ison the lower income tenant in the housingmarket, and program strategies that canstrengthen his bargaining position and im-prove his access to rental housing.

Chapter 5 is the key chapter on com-munity development and revitalization.The opening section examines housing re-habilitation and housing maintenance pro-grams undertaken under local housingcodes. The next section considers the theo-retical framework for community develop-ment. It includes discussion of urban blightas the urban redevelopment triggering con-cept and targeting issues in community de-velopment programs. Federal communitydevelopment and Urban Development Ac-tion Grant programs next receive attention,and the chapter concludes with an exami-

nation of displacement problems and thefederal Uniform Relocation Act.

C h apter 6 examines pro blems of ra c eand cl a s s , focusing on equal opport u n i t yissues arising under equal protection doc-t rine and the Fe d e ral Fair Housing Act. Ac o n cluding section considers growth man-agement and env i ronmental control pro b-lems as they affect the ava i l ability of hous-ing for lower income gro u p s .

Two introductory chapters raise policyand legal problems common to all of thehousing and community development pro-grams. Chapter 1 considers the housing de-privation problem, alternative strategies fora social response to this problem, and the“right to housing” as a constitutional andstatutory protection of access to housingservice.

Chapter 2 discusses the legislative andadministrative process through which Con-gress and public agencies formulate hous-ing and community development policy.This chapter also examines the role of thecourts in implementing and reviewinghousing and community development pro-grams. A final section reviews intergovern-mental relationships between federal andlocal governments.

The casebook makes nu m e rous re fe r-ences to R. Montgo m e ry & D. Mandelke r,Housing in A m e ri c a : P ro blems and Pe rs p e c-t ives (2d ed. Mich i e / B o bb s - M e rri l l , 1 9 8 0 ) .This book, a collection of essays and editor-ial comment on housing and community de-velopment policy and progra m s , p rov i d e sn e c e s s a ry back ground mat e rial on the issuesc o n s i d e red in the casebook. The authorsrecommend Housing in A m e rica for assign-ment along with the casebook mat e ri a l s .M at e rial in Housing in A m e rica that supple-ments the casebook is indicated when ap-p ro p ri at e.

Te a ch e rs faced with time limitations canconsider a number of altern at ives for assign-ing the mat e rials in this book. The pro fe s s o rwho focuses on the key programs will con-c e n t rate assignments in the program ch ap-t e rs. The teacher who wishes to provide a

TABLE OF CASES xxvii

b roader ove rv i ew will concentrate on thefirst two and final ch ap t e rs with selected as-signments from the program mat e rial. Cov-e rage of the principal fe d e ral programs isp o s s i ble if the instructor concentrates onp u blic housing, the subsidized rental hous-ing progra m s , and the fe d e ral commu n i t yd evelopment progra m .

Only selected footnotes from the casesand other reprinted material have been re-produced. These have not been renum-bered. Insertions within reprinted materialshave been placed in brackets.

References to statutes and federal reg-ulations appear throughout the casebook. Apocket-part statutory supplement contain-ing the major federal housing and commu-

xxviii TABLE OF CASES

xxix

nity development legislation is also included. No dates are given for citations to federaland state statutes and to the Code of Federal Regulations. These citations are current as ofthe date of publication. The casebook authors regularly make assignments to the statutesso that students can explore the statutory detail of federal programs. The teacher whosetime is limited may prefer to place less emphasis on the statutory material.

A word is in order on the problem of change in this fast-moving area of the law.While change is inevitable, the essential elements of federal housing and community de-velopment legislation enjoy remarkable public consensus. Program detail may change,but the critical issues remain and require resolution by any national administration, what-ever the specifics of its program strategy. Program changes that require revision will becovered in supplements and in revisions to the statutory material.

The authors welcome you to this challenging area of social concern. It is filled withcritical policy and legal issues which society must continue to resolve in the years ahead.

The Authors

Preface to the Second Edition (1989)The authors have undertaken the challenge of revising and updating the Housing and

Community Development casebook. In doing so the authors have drawn upon teachingexperiences in using the First Edition. The book contains the same basic format of theFirst Edition. It may be surprising to many that the authors determined to shorten thebook. Through teaching experiences the authors realized that in some cases the book hadmore detail than could be effectively handled and which made the book peculiarly sus-ceptible to obsolescence.

The Second Edition is a “core” book. Much of the detail in programs, statutes andregulations - always in a state of flux - has been omitted. Users of the book may wish tosupplement its text with handouts of the most recent program detail from the regulations,statutes, or reports from services that report on current developments in the field.

C h apter 1 continues to take a “ p e rs p e c t ives ap p ro a ch ” to housing and community de-velopment mat t e rs. It ex p l o res major policy issues that frame the consideration of housingand community development issues, p ro bl e m s , and progra m s .

Chapter 2 looks at the institutional setting in which housing and community develop-ment is played out. It considers the way national policy is determined and implemented.It examines the roles of the agencies that implement policy and programs. It analyzes therole of courts as protectors of individual rights and as forums for challenging the execu-tion of programs in ways the advocate believes to be at odds with statutory mandates andconstitutional prescriptions.

Chapter 3 continues coverage of major housing approaches, through a Matrix as aprincipal conceptual and organizing device, and through selected coverage of programs toillustrate attempted solutions. Chapter 3 has been expanded in its coverage of state activ-ity and contains a new section on the role of non-profits in the housing arena. The authorsalso have included limited treatment of the changes wrought on housing investment andproduction incentives by the Tax Reform Act of 1986. A cautionary note is in order: thetax material is only introductory in nature.

In Chapter 4 the authors retain mat e rial that examines tenant protections and the “ c o n-s u m e ri s m ” issues in privat e, p u bl i c, and quasi-private “ a s s i s t e d ” h o u s i n g.

The detail with which the Federal community development program is addressed inChapter 5 has been reduced. Yet sufficient coverage is retained to provide a serious appre-

xxx PREFACE TO THE FIRST EDITION (1981)

ciation of the range of possibilities, issues, problems and shortcomings of the Federalprograms.

Chapter 6 continues to explore the major problems of access to housing. It examinesboth governmental duties and limitations as well as protections against discrimination inthe private market. It explores changes made by the 1988 amendments to the Federal FairHousing Act and some of the intractable issues of attempting to maintain stable raciallyintegrated living environments through various sorts of “managed occupancy” techniques.

Chapter 7, which was entitled: “Policy Alternatives for the Future: Out of the Maze,”has been deleted from the Second Edition. That chapter, as the title suggested, was an at-tempt to marshal material on possible future directions. Instead, in the Second Edition,coverage throughout the book points to possible future directions - to correct problems inpresent programs, to make the housing and development effort more effective and com-plete, as well as, to address problems that are not addressed or not addressed adequatelyby ongoing programs.

Some of the authors teach the course in a seminar fo rm at wh i ch allows students top u rsue additional depth on the topics cove red through individual re s e a rch pap e rs. Othersh ave taught from the casebook in a regular cl a s s room fo rm at , sometimes with the option ofstudent pap e rs wh i ch ex p l o re specific topics in gre ater depth for ex t ra credit. Indeed, o n eco-author teaches the course as a housing discri m i n ation class commencing with Chap t e r6 , and proceeding through the ch ap t e rs emphasizing social equity and discri m i n ation is-sues and ap p l i c at i o n s .

The mat e rials in the casebook are edited for student use. A c c o rd i n g ly, s t ate cases citeo n ly unofficial rep o rt e rs. United States Supreme Court cases cite only United States Re-p o rts. In rep roducing cases and other mat t e r, the authors have not noted with elisions wh e nm at e rial has been deleted, ex c ept in instances when cl a rity re q u i res elisions, for ex a m p l e,when part of a sentence has been deleted. A l s o , in rep roducing cases and other mat e ri a l ,m a ny citations and all string citations have been deleted, ex c ept wh e n , in our judgment, t h ec i t ations we re especially pertinent. In a similar ve i n , most footnotes in all mat e rials havebeen deleted without notation. When footnotes are incl u d e d, their ori ginal nu m b e ring hasbeen re t a i n e d.

The casebook does not contain reproduction of the statutory or regulatory materialswhich may be cited, except when a particular excerpt is being discussed. The authorsfound that it was necessary to reproduce pertinent current materials on a yearly basis atthe time the courses were taught to be sure the most current materials were available. Theauthors commend that course to others. Current materials, both statutes and regulations,can generally be found in the four volume Housing and Development Reporter, publishedin loose leaf form and updated bi-weekly by Warren, Gorham & Lamont, Inc., 210 SouthStreet, Boston, Massachusetts, 02111. Congressional, executive and other governmentaldevelopments are reported on a weekly basis in Housing Affairs Letter, published innewsletter format, by CD Publications, 8555 16th Street, Suite 100, Silver Spring, Mary-land, 20910. Periodically, however, resort to current versions of the Code of Federal Reg-ulations will be required. For new, pending or proposed regulatory changes the FederalRegister may need to be consulted.

As with the First Edition, the authors continue to welcome you to this challengingarea of social concern. The critical policy and legal issues continue to demand attentionfor the years ahead.

The AuthorsPreface to the Third Edition (1999)

xxxi

Again we have undertaken the challenge of revising and updating the Housing andCommunity Development text. This Third Edition continues the basic format of prior edi-tions.

Although the exact content that should comprise “housing and community develop-ment” as a discipline might be regarded as unsettled, if not unstable, the concept of a“core” book has worked reasonably well for nearly two decades. We continue that con-cept in the Third Edition. We have continued to emphasize broad themes and to omitmuch of the detail in programs, statutes, and regulations - which are always in a state offlux. For users of the book who choose to focus on more specific aspects of a policy orprogram, we still recommend supplementing the text with handouts of the most recentprogram detail from the regulations, statutes, or reports from services that cover currentdevelopments in the housing and community development field.

Chapter 1 continues to take a “perspectives approach” to housing and community de-velopment issues, problems, policies, and programs. This chapter highlights some of thebasic policy issues that frame the choices that are available to policy makers and advo-cates.

Chapter 2 examines the institutional setting in which housing and community devel-opment is played out. It considers the context in which national policy is determined andimplemented. It explores the roles of the agencies that implement policy and programs. Itanalyzes the role - powers and limitations - of courts as protectors of individual rights andas forums for challenging the execution of programs in ways the advocate believes to beat odds with constitutional requirements or statutory mandates.

C h apter 3 continues cove rage of major housing ap p ro a ch e s , t h rough a Mat rix as ap rincipal conceptual and organizing dev i c e, and through selected cove rage of programs toi l l u s t rate attempted solutions. Chapter 3 has expanded cove rage in this Th i rd Edition bya dding cove rage of the Fe d e ral response to homelessness.

Chapter 4 continues to examine tenant protections and the “consumerism” issues inprivate, public, and quasi-private “assisted” housing. We have added coverage of the in-tractable and special problems of and response to drug activity in public housing.

Chapter 5 continues to cover the legal and policy origins and underpinnings of com-munity revitalization. It continues to examine the broad outline of the Federal communitydevelopment program.

Chapter 6 continues to explore the major problems of access to housing, although itstitle has been changed to “Fair Housing” to more clearly reflect the dominance of thestatutory protections against housing discrimination and the concomitant demise of con-stitutional grounds in the most frequently occurring instances of discrimination. It hasbeen reorganized to highlight themes of governmental duties, on the one hand, and pro-tections in the marketplace, on the other. It expands the topics to include coverage of pro-tections for families with children, persons with disabilities, and on the basis of sex. Cov-erage is added on discrimination in financing and lending.

We continue to believe that this “coursebook” is adaptable for diverse course for-mats: (a) seminars that allow consideration of selected topics through in-depth researchpapers; (b) writing courses that permit or require additional coverage through the prepara-tion of papers that have varying characteristics; (c) “problem oriented” discussion andanalysis small-section courses; (d) regular classroom courses with Socratic dialogue anddiscussion; (e) specialized courses focussing on a particular or limited set of topics, suchas housing programs (emphasizing Chapters 1 and 3), community development (empha-

xxxii PREFACE TO THE SECOND EDITION (1989)

sizing Chapters 1 and 5), or fair housing (emphasizing Chapters 1 and 6); as well as (f)interdisciplinary courses, for example, law and planning or law and public policy.

The mat e rials in the casebook are edited for student use. A c c o rd i n g ly, for state caseswe cite only unofficial rep o rt e rs. For United States Supreme Court cases we cite onlyUnited States Rep o rts. In rep roducing cases and other mat t e r, we have not noted with eli-sions when mat e rial has been deleted, ex c ept in instances when cl a rity re q u i res elisions (fo rex a m p l e, when part of a sentence has been deleted). A l s o , in rep roducing cases and otherm at e ri a l , m a ny citations and all string citations have been deleted, ex c ept wh e n , in ourj u d g m e n t , the citations we re especially pertinent. In a similar ve i n , most footnotes in allm at e rials have been deleted without notation. When footnotes are incl u d e d, their ori gi n a lnu m b e ring has been re t a i n e d.

When we cite Federal statutes (especially those enacting programs discussed in thebook), we have cited the current official reporter — United States Code (U.S.C.), exceptwhen otherwise noted. We do not normally include dates on statutory cites unless the dateis pertinent to the discussion. For the Code of Federal Regulations we have noted the ver-sion that we have cited. Generally that will be the 1998 version, except when historicalmaterials are cited, in which case the date of that regulation is cited. In reprinted cases,articles, and other materials, we have left the citation form as it appears in the originalwork.

We have not reproduced in the book statutory or regulatory material that we cite, ex-cept when a particular excerpt is being discussed. Statutory and regulatory materialschange frequently (even when the substance in carried forward - as is frequently the casewith the Code of Federal Regulations). We have found that annual preparation of supple-ments containing current statutes and regulations is advisable to assure that these materi-als are up-to-date. We recommend that course to others. Current materials - statutory, reg-ulatory, and political developments - can be found in the multi-volume Housing andDevelopment Reporter, published in loose leaf form and updated weekly by West Group,610 Opperman Drive, Eagan, MN 55123-1396 (800-728-4880). Congressional, executive,and other governmental developments are reported weekly in Housing Affairs Letter, innewsletter format, by CD Publications, 8204 Fenton Street, Silver Spring, Maryland,20910 (301-588-6380). Periodically, however, one must consult current versions of theCode of Federal Regulations for current program regulations. For new, pending or pro-posed regulatory changes the Federal Register will have to be consulted.

As with the First and Second Editions, we continue to welcome teachers and studentsto this challenging area of social concern and political activity. The critical policy ques-tions and legal issues continue to demand attention for the years ahead.

The Authors

Acknowledgments forthe Third Edition

Professor Daye acknowledges with appreciation the support and encouragement ofJudith W. Wegner Dean of the School of Law, University of North Carolina. He especiallyacknowledges the excellent assistance of Pamela Newell, 2L, whose dedicated and extra-ordinarily able assistance contributed immeasurably to the preparation of the Third Edi-tion. He also expresses thanks to Greg Kilpatrick, 3L, who assisted ably with specific re-search assignments. He thanks the many dozens of students who have been taking hiscourse for over a quarter century, have challenged him to new levels of insight, and havekept alive a spirit to keep working for social justice.

xxxiii

Professor Hetzel thanks his many students whose comments about the course materi-als helped shape this Third Edition. He also wants to express his appreciation for the sup-port received from his wife, Bonnie, to undertake his housing research and litigationwhich provide the foundation for his contributions to this work. Finally, he acknowledgesthe comments and presentations of the many European Housing Research Network mem-bers whose insights and transnational perspectives have been very useful in developingthese materials.

Professor Keating acknowledges the assistance of Harold Jackson of the Cleveland-Marshall College of Law staff and Marie Rehmar of the library of Cleveland-MarshallCollege of Law.

Professor Kushner expresses appreciation to Leigh H. Taylor, Dean, SouthwesternUniversity School of Law, for his support and encouragement. In addition, he would liketo express appreciation to Martha A. Fink for her extraordinary support on this manu-script and the regular preparation of his Housing and Community Development coursematerials, and to his students who have provided stimulation, enthusiasm, and construc-tive feedback on these materials.

Professor McGee is indebted to Alan Anderson, an outstanding legal services lawyerwhose passion for justice abides, and whose wise counsel and research and writing skillswere of inestimable value in the preparation of the Third Edition. Invaluable also was thesupport of colleagues at Seattle University, especially Dean James E. Bond. His materialand spiritual support has been crucial in maintaining resources indispensable for continu-ing work commenced at UCLA with the support of Deans William D. Warren and SusanWesterberg Prager. Finally, with unceasing loyalty, hard work, and professionalism,UCLA administrator, Ellis Green, provided technical and logistical support which met thehighest standards of professionalism and which was a key factor in the production of thisedition.

Professor Salsich thanks Michael Hussey, 3L, Nathan Orr, 2L, and Daniel Welch 2Lfor their extremely helpful research assistance, Cynthia Hamilton, secretary, for her pa-tient and effective typing and re-typing of drafts, and Eileen Searls, Librarian and othermembers of her dedicated staff for truly superb library support.

Professor Washburn acknowledges the helpful assistance of the members of the fac-ulty support staff.

The authors acknowledge the assistance of West Publishing Company for the use ofWestlaw® in the preparation of this book.

List of Copyright PermissionsThe authors gratefully acknowledge permission to reprint the following materials:Academic Press, Inc. for permission to reprint from Joel F. Handler, Social Move-

ments and the Legal System 22-25 (1978). Agathon Press, Inc. for permission to reprint from William G. Grigsby & Louis

Rosenburg, Urban Housing Policy 3-7 (1978). American Bar Association Forum Committee on Affordable Housing and Commu-

nity Development Law for permission to reprint from Charles L. Edson, HUD’s InterimMark to Market Regulations: A Work in Progress, 8 Journal of Affordable Housing &Community Development Law 15-25 (1998). Copyright © 1998 by the American Bar As-sociation. Reprinted by permission.

A m e rican Bar A s s o c i ation Section of Local Gove rnment Law for permission to rep ri n tf rom Otto Hetze l , Some Historical Lessons for Implementing the Clinton A d m i n i s t rat i o n ’s

xxxiv PREFACE TO THE THIRD EDITION (1999)

E m p owe rment Zones and Enterp rise Communities Progra m : E x p e riences from the ModelCities Progra m, 26 Urban Law yer 6, 63-68 (1994). Copy right © 1994 by the A m e rican BarA s s o c i ation. Rep rinted by perm i s s i o n .

A m e rican Bar A s s o c i ation Section of Local Gove rnment Law for permission to rep ri n tf rom James A. Ku s h n e r, G rowth for the Twe n t y - Fi rst Century : Tales From Bava ria and theVienna Wo o d s—C o m p a rat ive Images of Urban Planning in Munich , S a l z bu rg, Vi e n n a , a n dthe United Stat e s, 29 Urban Law yer 911, 9 1 1 - 9 2 0 , 9 2 4 - 9 2 9 , 949 (1997), p rinted as modi-fie d, 6 S.C. Interd i s c i p l i n a ry L.J. 89 (1997). Copy right © 1997 by the A m e rican Bar A s s o-c i ation. Rep rinted by perm i s s i o n .

American Bar Association Publications for permission to reprint from Peter W. Sal-sich, Jr. & Timothy J. Tryniecki, Land Use Regulation: A Legal Analysis and PracticalApplication of Land Use Law 356-358 (1998). Copyright © 1998 by the American BarAssociation. Reprinted by permission.

Bernan Press, Inc. for permission to reprint from Patrick A. Simmons, ed. HousingStatistics of the United States, 1st edition, xi-xiii, xvi-xvii, xix-xx (1997). Copyright ©1997 by Bernan Press, Inc.

University of California at Los Angeles Journal of Environmental Law and Policy forpermission to reprint from James A. Kushner, The Reagan Urban Policy: CentrifugalForce in the Empire, 2 U.C.L.A. Journal of Environmental Law & Policy 209, 211-213,226-231 (1982).

Center for Urban Policy Research for permission to reprint from David Listokin &Stephen Casey, Mortgage Lending and Race 6-7, 9-11 (1980), New Brunswick, N.J.—Rutgers University.

Center for Urban Policy Research for permission to reprint from Eugene J. Meehan,Public Housing Policy: Convention Versus Reality 169-79 (1975), New Brunswick, N.J.—Rutgers University.

Columbia Law Review for permission to reprint from Special Projects, The RemedialProcess in Institutional Reform Litigation, 78 Columbia Law Review 858-865 (1978).

Jean L. Cummings for permission to reprint from Jean L. Cummings & Denise Di-Pasquale, Building Affordable Rental Housing 36 (1998).

University of Detroit Journal of Urban Law for permission to reprint from Daniel R.Mandelker, et al., Differential Enforcement of Housing Codes— The Constitutional Di -mension, 55 University of Detroit Journal of Urban Law 522-533, 557-561 (1978).

Professor Lawrence M. Friedman for permission to reprint from Government andSlum Housing 3-4, 7, 9-10, 104-106 (1968).

Professor Gerald Gunther and Harvard Law Review for permission to reprint fromForeword: In Search of Evolving Doctrine on a Changing Court: A Model for a NewerEqual Protection, 86 Harvard Law Review 1, 8, 10 (1972). Copyright © 1972 by HarvardLaw Review Association.

Harvard Civil Rights —Civil Liberties Law Review for permission to reprint fromFrank I. Michelman, The Advent of a Right to Housing: A Current Appraisal, 5 HarvardCivil Rights—Civil Liberties Law Review 207-16 (1970).

Journal of the American Planning Association for permission to reprint from PeterDreier, The New Politics of Housing, 63 Journal of the American Planning Association 5,6-9, 18-22 (1997). Reprinted by permission of the Journal of the American Planning As -sociation.

Lexis Law Publishing/MICHIE for permission to reprint from Daniel R. Mandelker,Land Use Law (4th Ed. 1997). Copyright © 1997, Lexis Law Publishing. Reprinted with

PREFACE TO THE THIRD EDITION (1999) xxxv

permission from Land Use Law by Daniel R. Mandelker. Lexis Law Publishing Char-lottesville, VA (800) 446-3410. All rights reserved.

McCormack, Baron, & Associates for permission to reprint from materials about theMurphy Park Development: Regulatory and Operating Agreement; Memorandum ofGround Lease; and the Declaration of Land Use Restriction Covenants for the State ofMissouri Affordable Housing Tax Credits.

University of Miami School of Law for permission to reprint from James A. Kushner,A Comparative Vision of the Convergence of Ecology, Empowerment, and the Quest for aJust Society, 52 University of Miami Law Review 301, 309-315 (1998).

The MIT Press for permission to reprint from Arthur P. Solomon, Housing the UrbanPoor 16-17, 78-80, 89-90 (1974). Reprinted by permission for the MIT Press, Cambridge,

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Massachusetts. Copyright © 1974 by the Joint Center for Urban Studies of the Massachu-setts Institute of Technology and the President and Fellows of Harvard University.

New York University Law Review for permission to reprint from Theodore Eisen-berg, Disproportionate Impact and Illicit Motive: Theories of Constitutional Adjudica -tion, 52 New York University Law Review 36, 46-47 (1977).

The Public Interest for permission to reprint from Peter Salins, Toward a PermanentHousing Problem, 85 Public Interest 22-33 (1986). Excerpted with permission of the au-thor. Copyright © 1986 by National Affairs, Inc.

Saint Louis University Public Law Review and Louise A. Howells for permission toreprint from Louise A. Howells, Looking for the Butterfly Effect: An Analysis of UrbanEconomic Development Block Grant Program, 16 St. Louis U. Pub. L. Rev. 383, 385,389-390, 391-398, 400-404, 406 (1997). Reprinted with permission of the Saint LouisUniversity Public Law Review © 1997 St. Louis University, St. Louis, Missouri.

Saint Louis University Public Law Review for permission to reprint from Janet EllenStearns, Voluntary Bonds: The Impact of Habitat II on United States Housing Policy, 16St. Louis University Public Law Review 419-420, 422-424, 426-429 (1997). Copyright1997 by St. Louis University. Reprinted with permission of the Saint Louis UniversityPublic Law Review © 1997 St. Louis University, St. Louis, Missouri.

Stanford Law Review for permission to reprint from Thomas C. Grey, Property andNeed: The Welfare State and Theories of Distributive Justice , 28 Stanford Law Review877-886 (1976). Copyright © 1976 by the Board of Trustees of the Leland Standford Ju-nior University.

The Supreme Court Review for permission to reprint from John S. Wiley, The Berke -ley Rent Control Case: Treating the Victims as Villains, 1886 The Supreme Court Review157-61; 163-66. Copyright © 1987 by the University of Chicago.

The Urban Lawyer, for permission to reprint from W. Dennis Keating, Judicial Ap -proaches to Urban Housing Problems, The Urban Lawyer, 345, 347-348; 351-357(1987). Copyright © 1987 by the American Bar Association. Reprinted by permission ofthe American Bar Association.

Washington University Journal of Urban and Contemporary Law for permission toreprint from Donald C. Bryant & Henry W. McGee, Jr., Gentrification and the Law, 25Wash. University Journal of Urban & Contemporary Law 43, 62-65; 75-81; 120-126(1983). Copyright © 1983 Washington University.

Yale Law School for permission to reprint from Maria Foscarinis, Downward Spiral:Homelessness and Its Criminalization , 14 Yale Law & Policy Review 1, 4-12 (1996).

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LIST OF COPYRIGHT PERMISSIONS xxxix

xl LIST OF COPYRIGHT PERMISSIONS