Right to housing: Difference between revisions

"In 1981, Callahan v. Carey was settled by consent decree (“Callahan Consent Decree”)106 and New York State and New York City agreed to provide shelter and board to all homeless men. In 1983, Eldredge v. Koch affirmed that the Callahan Consent Decree applied to homeless women as well. In 1983 the Legal Aid Society filed suit against the then Mayor of New York Edward Koch in McCain v. Koch seeking, among other relief, a right to emergency housing as well as minimum standards of habitability in emergency housing. In a landmark appellate decision regarding injunctive relief, the Appellate Court held that the trial court had the power to require government officials to abide by standards of minimum habitability set by the trial court.109 This lawsuit was litigated for over twenty years and was finally settled in 2008 after litigation and various similar suits resulted in an enforceable right to shelter for homeless families with children and numerous other standards changing the regulations and requirements of the shelter system in New York." [New York City Bar Association 2017].

Alexander, Lisa T [2015]. &nbsp;"[https://scholarship.law.tamu.edu/facscholar/766 Occupying the Constitutional Right to Housing]."&nbsp;94 Neb. L. Rev. 245 (2015). Available at: https://scholarship.law.tamu.edu/facscholar/766.<blockquote>''"This Article's central thesis is that the conflict and contestation between [U.S. housing rights movements and private property advocates who seek to thwart these movements' efforts] helps forge new understandings of how local housing and property entitlements can be equitably allocated, consistent with the human right to housing and U.S. constitutional norms. While there is no formal federal, state, or constitutional right to housing in America, these movements' illegal occupations and local housing reforms concretize the human right to housing in local American laws, associate the human right to housing with well-accepted constitutional norms, and establish the contours of the human right to housing in the American legal consciousness.' These movements construct the human right to housing in American law by establishing through private and local laws a right to remain, a right to adequate and sustainable shelter, a right to housing in a location that preserves cultural heritage, a right to a self-determined community, and a right to equal housing opportunities for non-property owners, among other rights. By challenging local property rights, these movements also demonstrate how non-property owners, who lack adequate housing, also lack equal dignity, equal opportunity, equal citizenship, privacy, personal autonomy, and self-determination-all norms explicit in the U.S. constitutional order.&nbsp;''<br /> &nbsp; &nbsp; &nbsp; Note particularly:&nbsp;&nbsp;<br /> ''III.&nbsp;Occupying the American Right to Housing<br /> &nbsp; &nbsp;A. Eminent Domain for Squatters' Control of Land&nbsp;<br /> &nbsp; &nbsp;B. Eminent Domain for Local Principal Reduction<br /> &nbsp; &nbsp;C. Zoning Micro-Homes for the Homeless''<br /> &nbsp;</blockquote>Bratt, Rachel G., Michael E. Stone, and Chester Hartman, editors.&nbsp;''A Right to Housing: Foundation for a New Social Agenda''. Temple University Press, 2006. &nbsp;[http://www.temple.edu/tempress/titles/1301_reg.html Overview, contents, and Introduction]. &nbsp;[https://books.google.com/books?id=nTXmtaLK0OUC&pg=PA338#v=onepage&q&f=false Google Books].&nbsp;&nbsp;[https://drive.google.com/drive/folders/0B_E90AYG2sPDTExSX1JDUVZqU0U PDF]. [https://drive.google.com/open?id=0B_E90AYG2sPDdEtDSndPOUVxZXM ePub].<br /> &nbsp;

Carter, Dennis. "[https://rewire.news/article/2019/02/20/what-housing-as-a-human-right-bill-looks-like/ Here’s What a ‘Housing as a Human Right’ Bill Looks Like]."&nbsp;''Rewire News,&nbsp;''Feb 20, 2019, 5:23pm.&nbsp;https://rewire.news/article/2019/02/20/what-housing-as-a-human-right-bill-looks-like/<nowiki/>.&nbsp;<br /> &nbsp;

Cities for Adequate Housing. "[https://citiesforhousing.org/ Municipalist Declaration of Local Governments for the Right to Housing and the Right to the City]." &nbsp;New York, 16th July 2018. [https://citiesforhousing.org/. https://citiesforhousing.org/.&nbsp;][https://citiesforhousing.org/wp-content/uploads/2018/10/CFH_Declaration_ENG.pdf Full text].&nbsp;<br /> &nbsp;

Cohen, Daniel Aldana. "[https://jacobinmag.com/2019/02/green-new-deal-housing-ocasio-cortez-climate A Green New Deal for Housing]." Jacobin, 02.08.2019.&nbsp;<br /> https://jacobinmag.com/2019/02/green-new-deal-housing-ocasio-cortez-climate.<br /> &nbsp;

Craig, Tim. "[https://beta.washingtonpost.com/national/austin-eases-rules-for-sleeping-on-street--and-tests-tolerance-levels/2019/08/21/f67efb20-c1df-11e9-9986-1fb3e4397be4_story.html?noredirect=on Should people have a right to sleep on city streets? Texas joins national battle over urban homeless crisis.]"&nbsp;&nbsp;''Washington Post, ''22&nbsp;August 2019.&nbsp;[https://beta.washingtonpost.com/national/austin-eases-rules-for-sleeping-on-street--and-tests-tolerance-levels/2019/08/21/f67efb20-c1df-11e9-9986-1fb3e4397be4_story.html?noredirect=on https://beta.washingtonpost.com/national/austin-eases-rules-for-sleeping-on-street--and-tests-tolerance-levels/2019/08/21/f67efb20-c1df-11e9-9986-1fb3e4397be4_story.html].&nbsp;<br /> &nbsp;

Ellickson, Robert C. [1992] "[http://digitalcommons.law.yale.edu/fss_papers/459 The Untenable Case for an Unconditional Right to Shelter]."&nbsp;&nbsp;15 Harv. J. L. & Pub. Policy 17 1992.&nbsp; Available as Faculty Scholarship Series. Paper 459:&nbsp;http://digitalcommons.law.yale.edu/fss_papers/459.<br /> &nbsp;

Farhi, Leilani [2018a]. "[http://unhousingrapp.org/user/pages/04.resources/A-73-301-Rev1p.pdf Report of the Special Rapporteur on adequate housing as a component of the right to an adequate standard of living, and on the right to non-discrimination in this context]." 18 September 2018.&nbsp;&nbsp;http://unhousingrapp.org/user/pages/04.resources/A-73-301-Rev1p.pdf<nowiki/>.&nbsp;<blockquote>''"Examines the issue of the right to housing for residents of informal settlements and the commitment made by States to upgrade such settlements by 2030. Nearly one quarter of the world’s urban population lives in informal settlements or encampments, most in developing countries but increasingly also in the most affluent.''

<br />''"The scope and severity of the living conditions in informal settlements make this one of the most pervasive violations of human rights globally. The world has come to accept the unacceptable. It is a human rights imperative that informal settlements be upgraded to meet basic standards of human dignity."''<br /> &nbsp;</blockquote>Farha, Leilani [2018b]. "[https://www.theguardian.com/housing-network/2018/jan/02/2018-global-housing-crisis-us-canada-homelessness Housing is a human rights issue – and 2018 must be the year to address it.]"&nbsp;''The Guardian.&nbsp;''https://www.theguardian.com/housing-network/2018/jan/02/2018-global-housing-crisis-us-canada-homelessness.<br /> &nbsp;

People's Action. "[https://homesguarantee.com/wp-content/uploads/Homes-Guarantee-_-Briefing-Book.pdf A National Homes Guarantee: Briefing Book]". September 5, 2019.&nbsp;<br /> https://homesguarantee.com/wp-content/uploads/Homes-Guarantee-_-Briefing-Book.pdf.<br /> &nbsp;

Raghuveer, Tara. "[https://truthout.org/articles/its-time-for-a-homes-guarantee/ It’s Time for a Homes Guarantee]." ''Truthout'', January 15, 2019.&nbsp;https://truthout.org/articles/its-time-for-a-homes-guarantee/<nowiki/>.&nbsp;<br /> &nbsp;

Steinberg, Darrell [2019b]. "[https://calmatters.org/commentary/california-should-make-clear-there-is-a-right-to-housing-not-simply-shelter/ California should make clear there is a right to housing, not simply shelter]." CalMatters, August 25, 2019.&nbsp;https://calmatters.org/commentary/california-should-make-clear-there-is-a-right-to-housing-not-simply-shelter/<nowiki/>.&nbsp;<br /> &nbsp;

Stockard, James. "Opinion: Why affordable housing needs to be a right, not a privilege." Ideas.TED.com, May 19, 2017.&nbsp;http://ideas.ted.com/opinion-why-affordable-housing-needs-to-be-a-right-not-a-privilege/.<br /> &nbsp;