商品房买卖合同纠纷及其仲裁解决之探讨

商品房买卖合同纠纷是房地产纠纷的一种重要类型,通过仲裁方式解决商品房买卖合同纠纷有其独特的优势。本文在归纳当前商品房买卖合同纠纷的主要类型及特点的基础上,对仲裁解决商品房买卖合同纠纷的优势、原则以及实践中碰到的几个争议问题进行了探讨。     

A Perspective on Policy and Practice in the Re-Integration of Offenders

Concentrations of unemployment and crime are promoting a slow crisis in the lives of unskilled young men, and obstruct the successful re-integration and resettlement of offenders. At the same time, criminal justice system programmes for offenders are seeking a new balance between treatment approaches and the creation of opportunities. In this article the author reflects on the policy frameworks which give rise to these approaches, and considers the danger that criminal justice systems may place emphasis on diverting people from crime without directing them towards opportunities for re-integration. The author considers the needs of offenders in relation to housing and employment in particular.     

Residential Segregation,Housing Submarkets,and Spatial Analysis: St. Louis and Cincinnati as a Case Study

This article considers how spatial analysis of housing submarkets can advance research into residential segregation. While an emphasis on housing submarkets has been proposed as a new construct for modeling housing prices, its use in analyzing residential segregation has been limited. Recent advances in spatial analysis and geographic information systems present new opportunities for researchers to exploit the potential of housing submarkets as constructs that offer a more precise way to examine residential segregation. The article synthesizes literature related to residential segregation and housing submarkets and demonstrates how to delineate housing submarkets using publicly available data. It examines the spatial distribution of housing submarkets and how the socially disadvantaged are represented across housing submarkets in St. Louis, Missouri, and Cincinnati, Ohio, to conclude that St. Louis's housing market is more polarized and racially segregated than Cincinnati's. Spatial analysis of housing submarkets, in conjunction with archival analysis, provides a promising avenue for identifying residential segregation as a multidimensional phenomenon, and a means to explore local processes of urban inequality.     

Affordability After Subsidies: Understanding the Trajectories of Former Assisted Housing in Florida

Each year, thousands of units are lost from the assisted rental housing inventory through deterioration and default, subsidy expiration, and market-rate conversion. While a good deal of research and data collection has focused on identifying at-risk developments, less is known about what happens to former assisted developments after they exit income and rent restrictions. This article uses a survey of former assisted properties in Florida to identify their postsubsidy trajectories—that is, as to whether developments continue as rental housing, are converted to condominiums, or leave the housing stock through vacancy and demolition; and for those that continue as rental housing, whether they continue to offer affordable rents. Using logistic regression models, the article examines the property, housing market, and neighborhood characteristics that determine these trajectories. The results show that smaller properties, those that have been out of subsidy programs longer, and those in stronger neighborhood housing markets are more likely to be converted to condominiums. Among developments that continue as rental housing, those that previously had more stringent rent restrictions, those in strong rental submarkets, and those with better transit access tend to become unaffordable compared with previous rent limits.     

Housing Programs Fail to Deliver on Neighborhood Quality,Reexamined

This article revisits the relative performance of housing programs in terms of delivering on neighborhood quality. Newman and Schnare examined this issue in 1997, and this article updates their work more than a decade later. Both efforts examine the neighborhood characteristics surrounding assisted rental housing and assess the direction of assisted-housing policy. The analysis is performed by exploring census data at the tract level for the tenant-based Housing Choice Voucher program plus a set of project-based programs, including public housing, the Low-Income Housing Tax Credit program, and other HUD multifamily programs. We conclude that Newman and Schnare remain correct that rental housing assistance does little to improve the quality of the recipients' neighborhoods relative to those of welfare households and can make things worse. However, things have improved. The Housing Choice Voucher and Low-Income Housing Tax Credit programs have grown in importance over the intervening years and have improved their performance by moving more households into low-poverty, less distressed areas. Importantly, these active programs for assisted housing are beginning to find ways to overcome the barriers preventing entry into the suburbs, although more needs to be done.     

High Costs and Segregation in Subsidized Housing Policy

This article examines the public policies determining the distribution of subsidized housing in the Twin Cities metropolitan area of Minnesota, the resulting distribution of subsidized housing, and the comparative costs associated with building in the region's central cities or in suburbs. The analysis concludes that current policies are clearly not meeting the region's responsibility to affirmatively further fair housing. The metropolitan area abandoned its role as a national leader in this area decades ago. The result is an affordable housing system that concentrates subsidized housing in the region's poorest and most segregated neighborhoods. This increases the concentration of poverty in the two central cities, in the region's most racially diverse neighborhoods, and in the attendance areas of predominantly nonwhite schools. In the long run, this hurts the regional economy and exacerbates the racial gaps in income, employment, and student performance that plague the Twin Cities.     

Mandatory Versus Incentive-Based State Zoning Reform Policiesfor Affordable Housing in the United States:A Comparative Assessment

To break the chain of exclusionary zoning and produce affordable housing, mandatory state zoning reform policies have been in place for a couple decades in the United States. Their success is often constrained by local resistance and noncompliance. Some scholars argue that the lack of incentives to communities for affordable housing production is one of the main reasons for their resistance to state mandates. At present, no incentive-based state zoning reform policy is at work except in Massachusetts. Inclusionary zoning policies do offer incentives to developers but not to communities. This article examines the strengths and weaknesses of mandatory state policies and Massachusetts's incentive-based policy and offers policy insights for the future.     

夫妻房产约定的法律适用——基于我国约定夫妻财产制的考察

关于房产归属,夫妻之间可采夫妻财产约定形式加以变动,也可以订立赠与合同。前者与夫妻身份密切相关,具有附随身份的特性;后者内容及效力均与夫妻身份无关。在适用法律上,前者适用身份法,约定直接产生物权变动效力,即使未变更登记也无任意撤销权行使余地;后者适用财产法,未变更登记之前赠与方可以撤销赠与。夫妻之间订立的内容不明确的房产变动协议,其性质应推定为夫妻财产约定。     

西北地区住房保障水平测度及其比较研究。

该文使用住房保障水平测算模型,通过估算西北各省经济适用房支出和廉租房支出,对西北五省住房保障水平进行测度。然后把西北各省住房保障水平与其年均GDP结合起来,用以考察各省的住房保障水平与经济发展水平的适应性,分析找出经济实力相对较好、住房保障水平相对较高的省份,这对推动西北各省科学制定住房保障政策及合理安排住房保障财政支出结构有重要作用和意义。