Housing Rights Legislation

From the very first negotiations of the International Covenant on Economic, Social and Cultural Rights half a century ago to the present day, socio-economic rights have often been regarded as less enforceable than civil and political rights. The right to adequate housing, even though protecting one of the most basic needs of human beings, has not escaped this classification. Despite its strong foundations in international, regional and domestic legislation, many people are still deprived of one or more of the different key elements that comprise adequate housing. How, then, can international human rights theory and case law be developed into effective vehicles at the domestic level? Rather than focusing merely on possibilities for individualized relief through the court system, The Right to Housing in Law and Society looks into more effective socio-economic rights realization by addressing both conceptual and practical stumbling blocks that hinder a more structural progress at the national level. The Flemish and Belgian housing legislation and policy are used to highlight the problems and illustrate the pathways here presented. While first and foremost legal in its approach, the book also offers a more sociological perspective on the functioning of the right to housing in practice. It shows the latest state of knowledge on the topic and will be of interest to researchers, academics, policymakers and students in the fields of international socio-economic rights law and human rights law more generally.

Title VIII of the Civil Rights Act of 1968, known as the Fair Housing Act, prohibited discrimination in the sale, rent, and financing of housing based on race, religion, and national origin. However, manifold historical and contemporary forces, driven by both governmental and private actors, have segregated these protected classes by denying them access to homeownership or housing options in high-performing neighborhoods. Perspectives on Fair Housing argues that meaningful government intervention continues to be required in order to achieve a housing market in which a person's background does not arbitrarily restrict access. The essays in this volume address how residential segregation did not emerge naturally from minority preference but rather how it was forced through legal, economic, social, and even violent measures. Contributors examine racial land use and zoning practices in the early 1900s in cities like Atlanta, Richmond, and Baltimore; the exclusionary effects of single-family zoning and its entanglement with racially motivated barriers to obtaining credit; and the continuing impact of mid-century "redlining" policies and practices on public and private investment levels in neighborhoods across American cities today. Perspectives on Fair Housing demonstrates that discrimination in the housing market results in unequal minority households that, in aggregate, diminish economic prosperity across the country. Amended several times to expand the protected classes to include gender, families with children, and people with disabilities, the FHA's power relies entirely on its consistent enforcement and on programs that further its goals. Perspectives on Fair Housing provides historical, sociological, economic, and legal perspectives on the critical and continuing problem of housing discrimination and offers a review of the tools that, if appropriately supported, can promote racial and economic equity in America. Contributors: Francesca Russello Ammon, Raphael Bostic, Devin Michelle Bunten, Camille Zubrinsky Charles, Nestor M. Davidson, Amy Hillier, Marc H. Morial, Eduardo M. Peñalver, Wendell E. Pritchett, Rand Quinn, Vincent J. Reina, Akira Drake Rodriguez, Justin P. Steil, Susan M. Wachter.

A human right to housing represents the law's most direct and overt protection of housing and home. Unlike other human rights, through which the home incidentally receives protection and attention, the right to housing raises housing itself to the position of primary importance. However, the meaning, content, scope and even existence of a right to housing raise vexed questions. Drawing on insights from disciplines including law, anthropology, political theory, philosophy and geography, this book is both a contribution to the state of knowledge on the right to housing, and an entry into the broader human rights debate. It addresses profound questions on the role of human rights in belonging and citizenship, the formation of identity, the perpetuation of forms of social organisation and, ultimately, of the relationship between the individual and the state. The book addresses the legal, theoretical and conceptual issues, providing a deep analysis of the right to housing within and beyond human rights law. Structured in three parts, the book outlines the right to housing in international law and in key national legal systems; examines the most important concepts of housing: space, privacy and identity and, finally, looks at the potential of the right to alleviate human misery, marginalisation and deprivation. The book represents a major contribution to the scholarship on an under-studied and ill-defined right. In terms of content, it provides a much needed exploration of the right to housing. In approach it offers a new framework for argument within which the right to housing, as well as other under-theorised and contested rights, can be reconsidered, reconnecting human rights with the social conditions of their violation, and hence with the reasons for their existence. Shortlisted for The Peter Birks Prize for Outstanding Legal Scholarship 2013.

An innovative and timely guide to housing law that integrates the disciplines of law and public policy so that readers see how the subject fits together – both the letter of the law and the way it is practised. The innovative three-part structure covers all the topics of a typical Housing Law module and it is written in a clear and conversational style, with a wide range of source material to show how the law is created, interpreted and used in real life. Students are expertly guided through the complexities of housing law by a leading academic who has taught the subject for more than 20 years. Where relevant, chapters end with a section on 'the future' that discusses proposed changes to the law and the impact of those changes. It also discusses the conceptual issues raised by the Human Rights Act.

The Fair Housing Act was passed into law by Congress in 1968. Since that time, a number of other federal, state and local laws have been established to protect the rights of certain groups to fairly access housing. This book will serve as a resource to help attorneys understand the Fair Housing Act.