Fair and Affordable Housing Legal Commentary
About the Commentary
The John Marshall Law School Fair and Affordable Housing Legal Commentary makes important articles about fair and affordable housing law available online. Some of the articles are original, others are republications of articles that have appeared in other journals but are of timely interest to persons interested in fair and affordable housing law. The journal will also contain notes of recent cases by students. Volume 1, which was published in February 2006, reprints articles that first appeared in the 1992 Fair Housing Symposium published by The John Marshall Law Review. The journal welcomes submissions of articles about fair and affordable housing law.
The Center has published five issues of Commentary online. The most recent issue was published in October 2010.
Previous volumes of Commentary contain whether standing is required in filing administrative complaints under the 1988 Fair Housing Amendments Act, notice requirements for defaulting tenants in eviction actions, the standing of cities to sue for predatory home lending practices under the Fair Housing Act, why rental discrimination on the basis of race still exists (Vol. 4), the final report of the Center's research on discrimination in senior housing (Vol. 3), discussions on discrimination based on religion and disability, the tax credit program, and mortgage foreclosure problems (Vol. 2), and the computation and measurement of damages in fair housing actions (Vol. 1).
Volume 5, No. 1 (2010)
- Discretionary Pricing, Mortgage Discrimination, and the Fair Housing Act by Robert G. Schwemm & Jeffrey L. Taren
- South Suburban Chicago Foreclosure Crisis Case Study: Where the Dots Connect by John Petruszak
- 30 Years of Fair Housing by Liz Keegan
- Give Me Shelter: The Foreclosure Crisis and its Effect on America's Animals by Stacy Nowocki
Volume 4, No. 1 (2008)
- Forward by Michael P. Seng
- Do Cities Have Standing? Redressing the Externalities of Predatory Lending by Kathleen C. Engel
- Putting Default on the Tenant: Defaulting Tenants and Written Appearances in Evictions in Illinois
by Grant Nyhammer - Standing to Complain in Fair Housing Administrative Investigations by Michael P. Seng
- The Cairo Experience by Michael P. Seng
- Why Do Landlords Still Discriminate (And What Can Be Done About It)? by Robert G. Schwemm
Volume 3, No. 1 (2007)
Senior Housing Research Project
The Chicagoland area has one of the country's largest populations of seniors. Over the last decade, the growth in housing focused on seniors has skyrocketed. Most of these developments are marketed to "active seniors" with little regard to integration based on race, national origin, or physical or mental disability. In addition, little attention is focused on the issues seniors face as they age.
The John Marshall Law School Fair Housing Center researched and documented discriminatory housing practices against seniors and conducted surveys focused on attitudes of seniors, and the housing providers, regarding those seniors with disabilities, where and how they should be housed. This project was funded by The Retirement Research Foundation. The following is a report on its findings.
Volume 2, No. 1 (2006)
- The Fair Housing Act and Religious Freedom by Michael P. Seng
- The Fair Housing Act and Religious Freedom - Addendum by Michael P. Seng
- Service and Emotional Support Animals as Reasonable Accommodations Under the Fair Housing Act
by Frank W. Young - Assessing The Value of Affordability: Ad Valorem Taxation of Properties Participating in the Low Income Housing Tax Credit Program by Jospeh Rosenblum
- Behavioral Economics in the Mortgage Lending and Mortgage Foreclosure Contents by Kelli Dudley
Volume 1, No. 1 (2005)
- Forward by Michael P. Seng
- Separating the Objective, the Subjective, and the Speculative: Assessing Compensatory Damages in Fair Housing Adjudication by Alan W. Heifetz & Thomas C. Heinz
- From One Dollar to $2.4 Million: Narrowing the Spectrum of Damage Awards in Fair Housing Cases Through Basic Tort Litigation Tactics by Larry R. Rogers & Kelly N. Kalus
- The Mental Anguish and Humiliation Suffered by Victims of Housing Discrimination by Larry Heinrich, PhD
- Counseling a Victim of Racial Discrimination in a Fair Housing Case

