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.
By paying greater attention to who files bankruptcy, we can learn a great deal about the social and economic disparities that plague our society. By reforming and expanding access to bankruptcy, we can chip away at some of these disparities.
In the housing context, a law to facilitate countervailing power must be geared toward encouraging tenant participation at the grassroots, building-by-building level, and it must be sufficiently robust so as to check the enormous power of corporate, financialized real estate.
we argue that to decommodify urban property, we need to fight not only for policy and funding which transfers land and housing to social ownership, but also for policies that make extractive and predatory housing models less viable and organizing more feasible. We need a strategy that incorporates both social housing and housing justice.
When vacant land and structures fall into the hands of the state, new possibilities emerge. How can local governments transform these assets into co-governed spaces?
Introducing a symposium on non-market approaches to governance over land and housing.
Shelter is one of the largest items in a person’s budget, and among the most rigid. How can the state ensure that renters don’t get crushed as workers during a recession, and then crushed again with housing costs as the economy recovers?
The annual ranking of the world’s richest highlights the often dramatic shifts, upwards and downwards, in the net wealth of elites. What do these fluctuations tell us about the nature of the things – the property – these elites own, and about the nature of property in contemporary capitalism?
In the United States, the rule of law has always had property rights as its lodestar, with private property serving as the central legal interest that requires protection. Attending to our history reveals the dangers and paradoxical nature of this property-first conception of the rule of law.
Last week, the Supreme Court struck down the Biden Administration’s most recent moratorium on evictions. The decision, along with an anemic federal rental assistance effort, has put millions of people at risk of being removed from their homes. To offer our readers different ways into this important ruling, we asked Amy Kapczynski, Nikolas Bowie, Tara…
Understanding the law’s role in the project of Israeli colonization requires examining how distinct legal frameworks applied across a legally fragmented space can nevertheless share a common defining logic. One manifestation of this shared logic becomes evident by scrutinizing claims to land adjudicated by Israeli courts: Israeli state agencies and Jewish settler groups are treated as presumptively proper claimants of property while non-Jewish Palestinians are treated, at best, as dwellers who are not entitled to claim property but merely inhabit the land at the sufferance of Israeli authorities.
