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LPE Originals

Rent Strikes as a Righteous Form of Resistance

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Landlords wield significant power over tenants — including the power to set prices, surveil, neglect, harass, and evict — while legal processes offer little to tenants in terms of protection or means of redress when their rights are violated. Withholding rent in response to mistreatment is one righteous way of resisting such domination.
LPE Originals

How Bankruptcy Prioritizes Property Rights Over Public Good

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After a recent First Circuit decision, private creditors’ bankruptcy rights pose an existential threat to the only electric utility in Puerto Rico. As this outcome shows, we need a new approach to balancing the interests at stake in bankruptcy proceedings — one that protects private property, but not at the expense of undermining major public goods.
LPE Originals

Is Anyone Afraid of Breaking The Price-Fixing Laws Anymore?

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The DOJ’s price-fixing suit against RealPage, which has uncovered brazen collusion among competing landlords across the United States, is a welcome departure from decades of hands-off antitrust enforcement. Yet with prices going up in industry after industry, and so few price-fixing cases brought in recent years, it appears many businesses have determined that the risk of collusion is worth the reward.
LPE Originals

Enough! The Spanish Fight to Limit Housing Speculation

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Throughout Spain, social movements are fighting against a chronic housing crisis caused by an influx of tourists and international capital. In this struggle, law is often a reflection of the existing neoliberal power structure, but with the support of sustained popular mobilizations, it has also served as a tool for emancipation.
LPE Originals

All Power To The Tenants

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Tracy Rosenthal and Leonardo Vilchis’ new book, Abolish Rent: How Tenants Can End the Housing Crisis, is both a polemic and a guide. Drawing on their experiences organizing with the Los Angeles Tenants Union, Rosenthal and Vilchis envision a world where tenants control housing – a liberatory horizon that legal scholars, lawyers, and law students alike have a clear role to play in reaching.
LPE Originals

Why Has the Rule of Law Become So Fragile?

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The rule of law is inherently fragile, as law’s legitimacy ultimately depends on politics. Yet as demonstrated by the successful referendum in Berlin to expropriate more than 250,000 apartments from corporate landlords, this very dependence can empower democratic mobilization and redirect the conservative nature of the law towards a progressive future.
LPE Originals

Who Says Evictions Should Be Efficient?

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Eviction courts are ruthlessly efficient, with the average trial lasting less than two minutes. Yet this speed comes at the expense of tenants’ due process and other rights, while its benefits primarily accrue to landlords. When civil justice reform is taken up in the name of efficiency, eviction courts challenge us to ask: what, or whom, does efficiency sacrifice?
LPE Originals

The Re-Risking State: The Limits of Property Insurance in Florida

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In Florida, insurers increasingly rely on external capital to prepare for the possibility of high loss climate events. Sophisticated financial tools such as insurance-linked securities provide a temporary solution to growing climate risk in coastal regions, but in the long run, they do not address the fundamental causes of the insurability crisis.
LPE Originals

How Universities Exploit the Tax-Exempt Status of Campus Land

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Over the past few decades, universities have become some of the largest employers, real estate holders, health care providers, and even policing agents in cities and towns across the country. How did these educational institutions come to exert such power over their communities? One under-appreciated factor is the monetization of “non-profit” campus land.
LPE Originals

The Unavoidable Consequences of Being Human

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Next month, the Supreme Court will decide whether it is constitutional for cities to punish unsheltered people for sleeping outside, even when the city fails to provide any safe alternative. Yet, no matter how the court rules, homeless people will still face significant threats from cities.
LPE Originals

Why Labor Unions Should Join the Housing Fight

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Every union has reason to address the high cost of housing, which diverts wage raises into profits for landlords, acts as a structural constraint on labor actions, and generally makes life worse for its members. And as UNITE HERE Local 11 has demonstrated, unions are well-positioned to address the problem: from spearheading local tenant ordinances to putting creative housing demands on the bargaining table, unions can lead the fight for affordable housing.
LPE Originals

Emancipatory Horizons in Tenant Organizing

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Earlier this year, a landlord presented a group of Kansas City tenants with the following choice: renew their leases at triple the rent or move. But rather than accept these terms, the tenants came together and declared “we won’t go.” This rejection of the options presented to them, originally a reflection of their desperation, soon became an expression of their power.