Housing Equity Week in Review

The week of Sept. 4-11, 2017 brought more housing-related news from the southeast in the wake of Harvey and Irma, and a few new resources. The latest in housing equity and the law, below:

  • Matthew Desmond writes a Housing State of the Union for the Stanford Center on Inequality and Poverty’s Pathways Magazine State of the Union issue. The report emphasizes the home-ownership racial gap, the relationship with the affordability crisis, and the reform that is needed for the mortgage interest tax deduction.
  • A report by the Philadelphia Federal Reserve Bank on gentrification sheds light on the fact that gentrification is not a new phenomenon
  • The New York Times ran an op-ed on the impact of land use regulation on economic growth.
  • Paul Krugman of the New York Times writes about the need to find equilibrium between negative sprawl (such as in Houston) and NIMBYism (as experienced in San Francisco). He asks, “Why can’t we get cities right?”
  • Community Land Trust has a tool for community focused development.

States Tackle Youth Sports Concussions – New Data!

By Benjamin Hartung, JD, Joshua Waimberg, JD, and Nicolas Wilhelm, JD

While brain injuries and studies associated with professional football get the majority of media attention, student athletes, especially young football and soccer players, are also at risk for similar brain injuries. Each year, as many as 300,000 young people suffer from traumatic brain injuries (TBIs), more commonly known as concussions, from playing sports.

State governments have responded to the problem of brain injuries in youth sports by adopting laws aimed at reducing the harm that comes from injuries that occur during team practices or events. Delaware was the first state to pass a regulation relating to youth TBIs in 2008, with Washington State following shortly after in 2009. In the years since, all states have passed youth TBI laws, many modeled after the Washington law, that mandate when student athletes are to be removed from the field, how parents should be notified in the event of a concussion, what training is required of athletic coaches, when a student athlete may “return-to-play,” and who may allow this return to the field. Read More

Housing Equity Week in Review

Much of the devastation from Harvey is centered on homes and housing. Our focus this week is on the housing and equity issues related to displacement, and recovery and development in the future. The news from the world of housing after Harvey, for the week of August 28-September 5, 2017:

  • Although tenants’ homes are under water, their landlords are still demanding that they pay rent. Texas law allows a tenant or a landlord to terminate a contract due to a natural disaster only if the property is “totally unusable,” via the Guardian.
  • Harvey will dramatically change the housing market in Houston for a long time. Once a city with a glut of rental properties, Houston almost overnight became a city without enough habitable housing units. Some estimate that 60,000 units have been damaged in the storm, about 85 percent of all available units before the storm. Rents are expected to go up as much as 10 percent in the area, the Wall Street Journal reports.
  • Susan Popkin at the Urban Institute writes on the importance of inclusive development and learning from the past after a disaster.
  • Follow the National Low Income Housing Coalition’s updates on Hurricane Harvey housing recovery
  • Although unrelated to Harvey, still in Texas: The Austin American-Statesman reports Austin sues Texas for a law preempting the city’s “source of income” discrimination protection.

Housing Equity Week in Review

Here’s the latest news from housing law and equity, from the week of August 21-28, 2017:

  • Economists from the Federal Reserve of San Francisco show the enduring negative effects of redlining on communities of color, via the New York Times.
  • The Atlanta Black Star published a review of the impact and persisting health effects of segregation on communities of color.
  • A new report by the Urban Institute shed light on the costs of segregation for metropolitan regions. Read a review of the report on How Housing Matters: https://howhousingmatters.org/articles/what-are-the-costs-of-segregation/
  • New York Magazine ran an expose about HUD under the leadership of Ben Carson
  • As relief efforts continue in the aftermath of Hurricane Harvey, we are reminded by the July 2016 piece on privately owned subsidized housing in flood areas in Houston, via the Houston Chronicle.

Housing Equity Week in Review

Here’s the latest news in housing law and equity, for the week of August 15-21, 2017:

  • The Urban Institute has released a new tool about using fair housing data. The report contains details on data sources related to demographics and segregation, housing, land use, disability, education, employment, environment, health, and public safety.
  • The Washington Post reports that California lawmakers are planning on putting housing as a top priority after the summer.
  • Richard Rothstein, author of the critically acclaimed book The Color of Law, writes an op-ed for the LA Times about the role law plays in maintaining racial segregation in Los Angeles.
  • From the Brookings Cafeteria Podcast: How past racial segregation predicts modern-day economic (im)mobility.
  • Durham County, the county with the highest eviction rate in North Carolina, is taking on the eviction crisis by launching an eviction diversion program. Story via IndyWeek.
  • Bill de Blasio signed the first law in the nation to establish a right to counsel for the poor in housing cases. Story via CityLab.
  • New York Magazine and ProPublica collaborate on an in-depth look into Ben Carson’s HUD.

Housing Equity Week in Review

Here is our weekly round-up of developments from the world of housing law and health. For the week of August 7-14, 2017:

  • HUD released its “Worst Case Housing Needs” report to Congress providing national data and analysis of the problems facing low-income renting families. CityLab offers a summary of the report here.
  • Is California’s housing laws making its housing crisis worse? Natalie Delgadillo at Governing analyzes the impact of the 1985 Ellis Act, which allows landlords to mass-evict tenants in order to leave the rental business.
  • A new study from University of Hawaii researchers finds homelessness and inadequate housing are major causes of unnecessary hospitalizations. Read more.
  • HUD is inviting paper submissions for a symposium on housing and health. Submissions will be accepted through September 30. Full details here.
  • A new Colorado law requires landlords to give 21-days notice of rent increases and lease terminations, via HousingWire.
  • Amy Clark at the National Housing Conference offers an explanation of YIMBYism — “yes, in my backyard” — via NHC’s Open House blog.

New data: Baby-Friendly Hospital Laws

The Baby-Friendly Hospital Initiative (BFHI) is a global initiative of UNICEF and the World Health Organization aimed at promoting hospital policies that encourage and support breastfeeding. Baby-Friendly USA, the organization primarily responsibile for implementing BFHI in the United States, has outlined 10 evidence-based practices that hospitals can implement to support breastfeeding — called the 10 Steps to Successful Breastfeeding. These include written breastfeeding policies, staff training, rooming-in, and educating mothers about the benefits and management of breastfeeding.

Several states have enacted statutes or regulations encouraging or requiring hospitals to adopt one or more of these “baby-friendly practices.”

The newest map on LawAtlas.org, which was created and is maintained by ChangeLab Solutions, identifies key features of state laws and regulations regarding recommendations or requirements for hospitals related to any of the 10 Steps to Successful Breastfeeding. It also includes state laws recommending or requiring certain hospital discharge practices related to breastfeeding.

In 15 of the 18 states with laws laws or regulations that encourage and support breastfeeding initiation and continuation, hospitals must follow one or more baby-friendly practices
In 15 of the 18 states with laws laws or regulations that encourage and support breastfeeding initiation and continuation, hospitals must follow one or more baby-friendly practices.

As of October 1, 2016, 18 states had enacted laws or regulations that encourage and support breastfeeding initiation and continuation. In 15 of these states, hospitals must follow one or more baby-friendly practices.

Explore the maps and download the data at LawAtlas.org.

Housing Equity Week in Review

Below is our weekly review of news and publications related to housing law and equity. This week — July 17-23, 2017 — included news about zoning, segregation and lead poisoning:

  • Dr. Herbert L. Needleman died on July 18. Dr. Needleman was a pioneer in the study of the impacts of lead on children’s cognitive ability. Dr. Needleman’s research was a catalyst for wide ranging safety regulations. His obituary appeared in the Washington Post.
  • Jake Blumgart of PlanPhilly writes for Slate on the neighborhood that he grew up in, the persistence of microsegregation, and the importance of continuing to push for diversity in neighborhoods.
  • ThinkProgress published a series of articles about lead poisoning.
  • Toledo considers Rochester, NY and its success in reducing the incidence of lead poisoning as a model, via the Toledo Blade.
  • The National Apartment Association and the National Multifamily Housing Council released a new report on the need of affordable housing units to meet demand in US metro areas by 2030.
  • After a long battle between the Westchester, NY, and HUD, the department decided that zoning in Westchester is not exclusionary, although similar data was rejected multiple times in the past. Story via the Journal News.

Breaking the Mold: Law and Mold Remediation after a Natural Disaster

By Nicolas Wilhelm, JD

We’re in the midst of the hurricane season here on the East Coast, and with hurricanes come a host of health-related concerns from emergency preparedness to the clean-up after a disaster.

One of the issues rarely discussed in the aftermath of hurricanes Katrina and Sandy —two of the costliest natural disasters in US history — is the mold growth that occurred in water-damaged homes. One study indicated that the concentration of mold in flooded areas after Hurricane Katrina was roughly double the concentration in non-flooded areas.

With natural disasters occurring with greater frequency in recent years (there were three times as many natural disasters occurring from 2000 through 2009 than from 1980 to 1989), law may play a role in keeping Americans safe.

Read More

The Problematic Patchwork of State Medical Marijuana Laws – New Research

By Abraham Gutman

The legal status of medical marijuana in the United States is unique. On one hand, the Controlled Substance Act of 1970 classifies marijuana as a Schedule I drug with no acceptable medical use and high potential for abuse. On the other hand, as of February 1, 2017, 27 states and the District of Columbia have passed laws authorizing the use of medical marijuana. This discrepancy between federal and state regulation has led to a wide variation in the ways that medical marijuana is regulated on the state level.

In a study published today in Addiction, our team of researchers from the Temple University Center for Public Health Law Research and the RAND Drug Policy Research Center finds that state laws mimic some aspects of federal prescription drug and controlled substances laws, and regulatory strategies used for alcohol, tobacco and traditional medicines.

In the past, studies on medical marijuana laws have focused on the spillover effect of medical marijuana to recreational use and not on whether the laws are regulating marijuana effectively as a medicine. Using policy surveillance methods to analyze the state of medical marijuana laws and their variations across states, this study lays the groundwork for future research evaluating the implementation, impacts, and efficacy of these laws.

The study focuses on three domains of medical marijuana regulation that were in effect as of February 1, 2017: patient protections and requirements, product safety, and dispensary regulation.

Here’s some of what we found:

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