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+Courts won’t defend the plan. |
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+NYCB 16 (New York City Bar, February 2016, “REPORT BY THE INTERNATIONAL HUMAN RIGHTS COMMITTEE THE NEW YORK CITY BAR ASSOCIATION OF ADVANCING THE RIGHT TO HOUSING IN THE UNITED STATES: Using International Law as a Foundation”, http://www2.nycbar.org/pdf/report/uploads/20072632-AdvancingtheRighttoHousingIHR2122016final.pdf) //SN |
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+At the most fundamental level, the US Constitution does not include a right to housing. Although arguments have been made that certain language in the Constitution is broad enough to encompass a right to adequate housing,51 in Lindsey v. Normet, 405 U.S. 56 (1972), the US Supreme Court held that the Constitution provides no “guarantee of access to dwellings of a particular quality.”52 The debate persists, but federal law continues to offer only a limited scope of protections with respect to housing. |
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+Courts are key to your solvency – empirics. |
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+Olds 10 (Kyra Olds, May 21st 2010, “THE ROLE OF COURTS IN MAKING THE RIGHT TO HOUSING A REALITY THROUGHOUT EUROPE: LESSONS FROM FRANCE AND THE NETHERLANDS”, http://hosted.law.wisc.edu/wordpress/wilj/files/2011/10/olds_170.pdf) //SN |
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+On May 30, 2008, for the first time, a court upheld DALO, (“droit au logement opposable” or “roughly translated, ‘the inalienable right to housing that a court cannot deny you’”2 ), a French law enacted in March 2007.3 The court ruled that in order for the state to meet its obligation to protect the right to housing, families must not merely have a place to stay for the night but an adequate home.4 On March 3, 2008, Namizata Fofana’s housing application was denied.5 The mediation committee ruled that her need for housing was not urgent because she currently had a place to live. Madame Fofana, a 26 year-old mother of two and legal immigrant from Cote d’Ivoire, was living in a shelter.7 However, she only had permission to live in that shelter for a total of 21 months.8 On June 9, 2008, she and her two children would be forced to leave the shelter, and without governmental assistance, would end up on the streets.9 Madame Fofana appealed the administrative decision to the courts. The courts overturned the decision based on DALO, which recognizes a legally enforceable right to housing.10 Without the courts, Madame Fofana and her children would have had nowhere to turn. While France purports to support an inalienable right to housing, in this case, the government’s practices did not reflect the ideals it had established in its statutes and international agreements. Judicial action was necessary to make this right a reality for the Fofana family. |