Sessions Information

  • May 5, 2024
    9:00 am - 10:30 am
    Session Type: Works-in-Progress
    Session Capacity: N/A
    Hotel: Marriott St. Louis Grand
    Room: Landmark 5
    Floor: Ground Floor, Conference Plaza

    Group 14: Housing Challenges

    Finding Aloha in the Law: Solutions for Land Use Conflicts Exposed by the Maui Fires
    Peter Fendel, Pepperdine University, Rick J. Caruso School of Law

    The fires that devastated the West Maui community of Lāhainā on August 8, 2023 destroyed the homes and businesses of thousands of Kānaka Maoli (Native Hawaiians) and Kamaʻāina (permanent, but non-native residents of the State of Hawaii). At least 100 people lost their lives in the sudden and merciless inferno. The disappearance of so many multi-family residences on Maui poignantly exacerbated the long-standing housing crisis in the State of Hawai’i.

    This article analyzes and critiques the seaworthiness of solutions proposed by state and local governments, such as Governor Green’s suggestion to freeze the short-term housing market and proposed legislation to thwart new purchases by foreign interests. Next, it proposes new solutions for empowering and protecting generational land ownership of Native Hawaiians by incorporating the principles of Natural Law, Legal Realism, and Critical Legal Theories. Finally, it explores the implications of these proposals for future legal responses to natural disasters and restorative justice of indigenous peoples’ property ownership rights in America.

    Of course, it is necessary to evaluate these catastrophes through the lens of a cultural and political history of colonialism, oppression, and American exceptionalism. It is also crucial to recognize the uniquely Hawaiian nuances of an indigenous population, who, unlike their mainland counterparts, were not uprooted and relocated to the most undesirable parts of the land, but instead share their tiny island chain in a sometimes tenuous yet relatively harmonious existence with their haole (formerly: any foreigner; modernly: any Caucasian) neighbors.

    Putting the Choice Back in Housing Choice: Algorithmic Discrimination Against Rental Voucher Recipients
    James Matthews, Suffolk University Law School

    Tenant-based rental voucher programs like the federal government’s Section 8 program are intended to provide low-income families, people with disabilities, and other historically marginalized groups access to safe and affordable housing in the private market. Such programs also have the potential to promote economic mobility and combat residential racial segregation by providing households with greater housing choice, including the ability to move to neighborhoods of better opportunity. However, due to discriminatory landlords, soaring rent prices, and other impediments, voucher holders face significant barriers to using their vouchers in the homes and communities where they want to live. Moreover, housing providers now increasingly rely on software applications powered by complex algorithms that make automated decisions at every stage of the rental process from advertising, to rent prices, and tenant selection. Recent lawsuits and empirical studies have demonstrated that many of these automated decision-making tools unfairly discriminate against voucher holders because they are based on inadequate data or are otherwise incompatible with the voucher program’s administrative requirements. This article builds on scholarly work that has explored the issue of algorithmic discrimination in housing decisions, to address the distinct ways in which automated tools impact housing choices for voucher holders. This article also proposes recommendations for mitigating these discriminatory housing practices to ensure voucher holders have equal access to housing opportunities.

    Discussant and Moderator: Michelle Y. Ewert, Washburn University School of Law

     

Session Speakers
Washburn University School of Law
Moderator and Discussant

Pepperdine University, Rick J. Caruso School of Law
Works-in-Progress Presenter

Suffolk University Law School
Works-in-Progress Presenter

Session Fees

Fees information is not available at this time.