To be homeless, Jeremy Waldron has famously argued, is not merely to suffer from unmet needs – to be cold or hungry or exposed – but also to be unfree. In what sense, however, does homelessness make one unfree? And what is the relationship between this unfreedom and the law?
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.
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.
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.
Some people head to the pumpkin patch. Others drink from the unholy fountain of the pumpkin spice latte. But here at the Blog, our favorite autumnal activity is decidedly less gourd-based: we scour the internet for the most exciting forthcoming LPE and LPE-adjacent articles. Covering tech, labor, housing, the administrative state, criminal justice, family law, religious freedom, finance, legal theory, and so much more, this scouting report is not to be missed.
With tenant organizing on the rise across the United States, legal scholars have been drawn to the idea that tenant unions, backed by the right legislative framework, could serve a function akin to labor unions. But labor and tenancy serve different functions for capitalism. Housing is a commodity that tenants consume rather than produce, so tenants would be better served by universal protections, such as price controls and possessory rights, than by the right to good faith negotiation.
One often overlooked reason for the current rental housing crisis is the imbalance in bargaining power between landlords and tenants. To address this imbalance, Duncan Kennedy, Karl Klare, and Michael Turk argue that we must empower tenant organizing and sketch the architecture of a legislative package that would entitle tenants to organize into unions with specified rights, powers, and protections against retaliation.
With the spring submission season nearly in the books, and our Twitter feeds abuzz with placement announcements, the LPE Blog highlights some of the most exciting forthcoming LPE and LPE-adjacent articles. Covering tech, care, labor, criminal justice, religious freedom, money and banking, property, the administrative state, and so much more, this scouting report is not to be missed.
Research on racial disparities tends to focus on the urban, constructing an important story of race-based segregation and inequality that takes place on the city block or the suburban cul-de-sac. But with nearly all farmland in America (98%) owned by white people, these same racial dynamics are just as important to contemporary generational wealth disparities for rural people. It is thus critical to understand not only how property law has historically constructed these patterns of racial difference but also the role that property law continues to play in maintaining these disparities.
This past month, the University of California announced a $4.5 billion investment in the Blackstone Real Estate Investment Trust. By partnering with one of the largest private landlords in the US, the University is directly contributing to and profiting from housing scarcity and tenant disempowerment. It is also betraying its public mission. As students squeeze into overcrowded dorms, or sleep in vans, tents, and closets, the hour has come for the UC to use its massive capacity to help solve the housing crisis, rather than prolong it.
Workers from the Sustainable Economies Law Center share some memorable moments with clients that have transformed how they approach radical real estate law.
Hyper-commodified property – imbued with value by public infrastructure, developed at its “highest and best use” from an income generation perspective, and then taxed – is in theory a boon for municipal governments. In reality, urban fiscal and land use policies become caught up in cycles of price appreciation and rent-seeking. To reverse this spiral, municipal leaders must both reform currently regressive property taxation regimes and implement tax policies that expressly curb rent-seeking and speculation.
When tenants head to eviction court, they often sign settlements that allow them to remain in their home so long as they abide by certain conditions. If they violate any of the conditions, they can be evicted through an expedited, alternative legal process, in which they have few procedural or substantive rights. This system of “civil probation,” overlooked in both public and scholarly debate, is effectively rewriting eviction law in favor of landlords.
Under financialized capitalism, corporate investors value homes not solely or primarily for rental income, or even as assets that can be bought and sold—but rather because they serve as collateral. Three episodes of institutional change in housing markets underscore the importance of not only decommodifying land and housing, but decollateralizing it.
Many cases that have a profound effect on poor families, such as whether they will lose their home to eviction or whether a parent will go to jail, are argued in courtrooms where no one, not even the judge, knows the law.
