Publications on the CLiME site are designed as a digital portal into an educational research resource for issues of structural inequality, urbanism and metropolitan equity. Content is divided between types—articles, reports, presentations and public documents—and by subject. Externally created documents are briefly described, then linked to their sources; original CLiME scholarship is intermixed by subject or can be found under the CLiME tab.
There are many circumstances that could lead to failure to pay mortgage payments or property taxes. Unfortunately, in far too many cases, default on a mortgage or taxes leads to mortgage or tax foreclosure—where creditors seek to reclaim the property subject to the default.
Read MoreDiscussions about Vice President Kamala’ Harris’ record as a progressive prosecutor have offered an opportunity to consider what the next president could do to help spur equitable criminal justice reform. While recognizing that policing is largely a local endeavor, it is important to identify how the next president can leverage existing federal programs to contribute to larger criminal justice reform and equity efforts. In this paper we propose that the next administration restructure the Justice Assistance Grants (JAG) and Community-Oriented Policing Services (COPS) grants in order to support community-based criminal justice programs (CCJP) to achieve equitable criminal justice reform. These programs, which emphasize partnerships between law enforcement, prosecutors, and non-law enforcement organizations, aim to reduce crime and recidivism through rehabilitation, mental health services, and social support. The proposal we offer draws inspiration from Vice President Kamala Harris’s "Back on Track" program, which successfully helped first-time nonviolent offenders avoid incarceration through alternative sentencing that focuses on rehabilitation. The paper argues that similar programs, if federally supported, could help contribute to equitable criminal justice reform by fostering trust between law enforcement and communities, reducing police brutality while also preventing crime and recidivism.
Read MoreThe following resource is designed to help understand and navigate mortgage foreclosure. For more detailed guidance, please review our What to Do: When Facing Mortgage or Tax Foreclosure memo.
Read MoreThe following resource is designed to help understand and navigate tax foreclosure. For more detailed guidance, please review our What to Do: When Facing Mortgage or Tax Foreclosure memo.
Read MoreOn January 12, 2024, Governor Phil Murphy signed the Wealth Preservation Program law, an ambitious reorganization of the foreclosure process in favor of second chances, non-profit rights of second refusal and affordable home ownership. Then-Assemblywoman, now-Senator Britnee Timberlake, introduced this law because New Jersey has the highest foreclosure rate in the country, with one foreclosure for every 2,271 homes.[1] The potential impact of this law goes beyond just reducing the number of foreclosures. It potentially limits institutional investors’ opportunities to purchase foreclosed homes at sheriff’s sales by providing ordinary homebuyers initial opportunities to bid on properties on more favorable terms. Under the Act, defaulting homeowners, their next of kin or tenants have the first chance to re-purchase their homes from sheriff sales at a publicly disclosed discount price by paying only a 3.5% down payment with 90 days to close. If they do not elect to purchase, non-profit community development corporations (CDCs) have the next right of refusal in exchange for deed restrictions that keep the property affordable to subsequent owners or renters.
Read MoreIn June 2023, the Supreme Court in Students For Fair Admissions, Inc. v. President and Fellows Of Harvard College (“SFFA”) found that Harvard University’s and the University of North Carolina’s affirmative action admission policies unconstitutionally employed race-based discrimination, violating the Equal Protection Clause of the 14th Amendment.[1]
Beginning with its first constitutional review of affirmative action, the Court has consistently found that the only governmental interest compelling enough to warrant the use of race in admissions policies and decisions, and thus satisfy strict scrutiny judicial review, is the institution’s interest in “obtaining the educational benefits that flow from an ethnically diverse student body.”[2] Before this first opinion in Regents of Univ. of Cal. v. Bakke, affirmative action initiatives were a “response to the legacy of Jim Crow segregation and, by extension, slavery. It was an outgrowth of the civil-rights initiatives… Diversity was part of the conversation, but it was only one of many reasons selective colleges employed affirmative action.”[3]
Read MoreOn July 10, 2024, Governor Phil Murphy signed a tax sale revision law (A3772/S-2334), which modifies the process for investors engaged in tax sale foreclosures and provides steps for homeowners to protect their equity. Senator Brian Stack (D-33) introduced this law in January 2024 in part because of the case of a 94-year-old Black woman named Geraldine Tyler, who lost her home and equity in the tax sale foreclosure process. In 1999, Mrs. Tyler purchased a one-bedroom condominium in Minneapolis, Minnesota. She lived in the condominium until 2010 when problems in the neighborhood prompted her to rent an apartment in a safer area. She experienced financial difficulties, leading her to get $2,300 in tax arrears, which increased to $15,000 with penalties and interest. In 2015, Hennepin County, Minnesota, seized her condominium, sold it for $40,000, and pocketed $25,000 in surplus equity. On May 25, 2023, the United States Supreme Court unanimously held in Tyler v. Hennepin County that the municipality violated the Takings Clause of the U.S. Constitution when they stripped and retained Mrs. Tyler’s equity.
Read MoreThis is a report about how cities can better organize and manage their data about the property they own in order to promote transparency and advance critical policymaking. Newark, like many legacy cities, owns hundreds of parcels through tax foreclosure and abandonment that can be put to more productive use and even generate needed revenue. Because of different inputs from different departments, its property data system contained duplication and gaps that prevented policymakers and stakeholders from getting a clear picture of these public assets. In partnership with city staff, CLiME helped to resolve the data organization problem and set property management on a new, more accurate and user-friendly course. Along the way, we learned details about the nature and amount of city-owned properties, how they’re zoned and where they’re located. We concluded that much more of this significant inventory can and should be put to work advancing long-held goals of equitable development. We built three demonstrations to simulate this usage that cover three major areas of policy: affordable housing production, commercial and industrial development and green space/environmental risk mitigation. Each of these is an area in which the Baraka administration is already active in setting aggressive policies. Some of those policies already make use of the asset of city-owned land. Until recently, it was impossible to see the scope of particular uses because the data did not readily permit it. Now the data is cleaner and clearer.
Individual break-out reports from the full report are also available:
Simulation 1: Facilitate Development of 2,500 Units of Affordable Housing
Simulation 3: Transform abandoned spaces into green tools for climate resiliency and placemaking
As the New Jersey Supreme Court recently noted in Malanga v. Township of West Orange, municipalities can sell or improve upon public property in a number of ways.¹ However, a redevelopment designation appears to be the best way for a municipality to maintain the greatest degree of control over the future of a given parcel, in terms of retaining ownership, choosing a developer and deciding the use to which the parcel will be put. Without such a designation, in order to facilitate non-publicly funded development of city-owned property, a city would have to auction property off to the highest bidder at an open public auction, a risky process over which the city could easily lose control.² Furthermore, though a municipality can impose conditions on the sale and restrictions on the use of property sold at auction,³ it cannot convey property for nominal consideration without a redevelopment designation, unless the property is conveyed to a very narrow set of noncommercial entities.⁴
Read MoreThis memorandum provides useful information regarding the management of a loved one’s affairs (estate) when they have passed. Estate matters can be laborious and emotionally charged. This memorandum will explain probate and administration in New Jersey and provides information for you to begin navigating the process of managing your loved one’s estate. However, this memorandum provides general information, and is not intended to serve as legal advice. No two estates are the same and the law on the administration of estates is extensive. It is recommended that you consult with an experienced estate attorney to answer any questions related to your particular circumstances.
Read MoreThe following resources are designed to help understand and navigate estate administration in New Jersey when a loved one passes with a will. A flyer is also available for when a loved one passes without a will here.
Read MoreThanks to the U.S. Supreme Court’s decision last June in Students for Fair Admissions v. Harvard, the country’s 12th graders now applying to selective colleges face unprecedented angst—especially if they’re black.
You face an admissions process where your understanding of race and racism has been rejected, forbidden as a factor in considering you, on no less than constitutional grounds. Forget “affirmative action” that might deliberately correct for the persistent effects of longstanding racial exclusion from majority-white institutions. Forget societal discrimination—the Court already decided there is none that matters. Now, educational “diversity” is a barely lawful interest for schools to consider. Your race and all that comes with it is in unconstitutional territory.
Except on your personal essay.
Read MoreThe following resources are designed to help understand and navigate estate administration in New Jersey.
Read MoreLimited-Equity Cooperatives: A Primer on Sustainable Affordability and Wealth Building is a research report on a promising alternative to traditional homeownership in a period of scarce inventory and high interest rates. Limited equity cooperatives offer communal ownership at more affordable prices—stabilty, wealth enhancement and long-term affordability. Author Elana Simon details the purpose and structure of such housing vehicles.
Read MoreTo aid municipalities in regulating anonymous investor buying of 1-4 unit homes we drafted this model ordinance. A companion memorandum analyzes its legality and effectiveness under New Jersey law.
Read MoreContinuing CLiME’s work on regulating institutional investors of 1-4 unit dwellings in cities like Newark, this legal research memo explains and accompanies model legislation, showing cities exactly how to mandate transparency of ownership among anonymous LLCs.
Read MoreFew race-conscious public policies displaced African-American individuals and families like the federal urban renewal program from 1949 to 1974. Hundreds of cities spent millions of taxpayer dollars engaging in "slum removal" of entire neighborhoods only recently occupied by Blacks from the Great Migration. Their forced relocation—almost always without statutorily promised relocation expenses and assistance—was a harbinger of the modern ghetto and a blueprint for urban planning approaches that continue to this day.
As part of CLiME's Displacement Project, we began a broad inquiry into urban renewal in 2021. The results will follow in the form of academic papers, policy briefs and here, a growing archive of hard-to-find data on the program's implementation in select U.S. cities. CLiME Fellow and Bloustein graduate Erica Copeland assembled variables on the location, demographic variables and costs associated with primarily African-American displacement for a select period of time. We hope this contributes to a growing body of academic research on an under-appreciated aspect of systemic racism carried out by the federal and local governments at midcentury, whose wealth-retarding effects persist.
Read MoreLocally owned businesses are vital constituent members of an economic community because they provide jobs to local workers, sustain the tax base for city services, offer goods and services that grow other businesses and build wealth for equity owners. They are vital. Where they are in short supply communities struggle to grow economically. Where that growth has been stymied by factors arising from ingrained racism, growth is even more challenging. Local businesses owned by Blacks and other people of color face a disproportionate range of constraints to growth including, but not limited to, patterns of market discrimination. Given Newark’s overwhelmingly Black, Latino and working-class population, the city’s challenges with locally owned economic development are as great as anywhere in the nation. There is evidence that recent trends have not been good for minority small businesses across the country.
Read MoreDomestic violence/abuse can be an incident or pattern of behavior in any relationship used to gain or maintain power and control over someone else. If you believe you may be a victim of domestic violence, you can speak to a trusted source such as a helpline, friend, family member, counselor/therapist, and/or take legal action. Keep in mind that domestic abuse is never the victim’s fault. However, there are consequences to taking action against domestic violence. For example, speaking to someone may lead to mandatory reporting (depending on the person), and taking legal action may mean police involvement and court appearances. No one deserves abuse, so do not let these consequences stop you from seeking help.
Read MoreNewark housing is too expensive for its residents.
CLiME’s Displacement Risk Indicators Matrix—or DRIM—originated in 2017 as a tool to measure the risk of Newark resident displacement as a result of gentrification. We found then and now that displacement risk continues to be a serious threat to housing stability in Newark as rents rise dramatically among a city of mostly renters. Yet the cause does not appear to be traditional gentrification, because the demographic profile of who lives in the city, their incomes, educations and poverty rates have not changed as dramatically as rents.
The DRIM is divided into three sets of variables set across the city as a whole, the five wards and, for the first time, neighborhoods: vulnerability, market dynamics and “gentrifier population.” Vulnerability variables ask about the economic stresses that households feel. Market dynamics variables ask about rental affordability and new construction. Gentrifier population variables ask whether the city is seeing an influx in the people whose race, housing wealth and educational attainment is associated with gentrifying populations in other cities.
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