GENTRIFICATION


St. Mary's Law Review on Minority Issues
FALL 2000




Copyright (c) 2000 The Scholar: St.Mary's Law Review on Minority Issues  
The Scholar: St.Mary's Law Review on Minority Issues

Fall, 2000

3 SCHOLAR 115

LENGTH: 18949 words

COMMENT: FORGOTTEN VOICES: GENTRIFICATION AND ITS VICTIMS

RAY TELLES*




*J.D., St. Mary's University School of Law, May 2000; B.A., Chicano Studies, The University of Texas at El Paso, December 1996. I would like to thank my parents, Raymond and Cecilia R. Telles. Without their continuous, unwavering support and belief in their children, I do not know where I would be. Everything I am, can, and will be, is due to you and your sacrifices. I would also like to thank The Scholar staff. I would especially like to thank Julie Linares, Sylvia Rhee, and Mary Ann Hisel.

SUMMARY:
... Part I introduces the Campbell subdivision in El Paso, Texas. ... The redevelopment plan, which could ultimately cause disruption to and displacement of current Campbell residents, is the impetus for the revitalization of the area encompassing the Campbell neighborhood. ... Part IV analyzes the impending collision of the Campbell subdivision with the Union Plaza redevelopment plan. ... Campbell is zoned as a mixed-use area located within the boundaries of the Union Plaza Redevelopment Plan. ... Examination of the Union Plaza redevelopment plan illustrates how the areas of focused redevelopment will affect the current Campbell residents. ... The Collision of Campbell and the Redevelopment Plan Campbell is deeply affected by the Redevelopment Plan. ... One example of rent control is when the person setting the rental rate selects an arbitrary date and determines future rents at the rate assessed on that date for an extended period. ... Along these same lines, it seems unforeseeable at best, that rent control could ever be put into place in Texas, not to mention the time constraints involved in the Campbell situation. ... One scholar has discussed other possible positive effects of enforcement of the implied warranty. ... However, the proximity of Campbell to the Union Plaza Redevelopment Plan's core is where the problem is discovered. ...  

TEXT:
 [*115] 

A cool wind blows lightly as an agile bird descends into a great gorge created by centuries of erosion. A young couple ponders the complexities of life as they view the expansive magnitude of a valley before them. A man walks in contemplation and complete solitude on a beach, lost in thought as he considers the immensity of the sea.

 [*116]  These illustrations exemplify the awe-inspiring nature of raw land. Great expanses of land allow for insight into one's proper place in the grander scheme of things, regardless of faith or beliefs. Land ultimately allows for a communion with all that is greater: a divine confrontation between the earth and its parasitic human inhabitants.

The reverence for land has led man to commit the most heinous crimes for its sake. n1 Whether the discussion is of Native Americans reclaiming their homelands by force, n2 or militant Chicanos taking an area that they claim was stolen, n3 the point remains the same - there is sanctity in the place one calls home. It is from this viewpoint that the basis of this comment is formed. This comment examines the issue of "home" and encourages an understanding of why a person's land, or rather, a person's home, is of such vital importance.

The sanctity of "home" stems from the notions of power and impact that land has on the human psyche. Problems arise when one has no homestead, no land to call his or her own. Today, many have no concept of the idea of true ownership in a home; in land. n4 In fact, more and more  [*117]  people in modern society are renting homes on someone else's land. However, with regard to rights and securities, there is a marked difference between a homeowner and a renter. Implicit in this distinction is the lack of security inherent in renting, as opposed to owning. On the one hand, the status of owning a home axiomatically implies security. A mere renter, on the other hand, can face eviction at the hands of his landlord. What happens to the renter when the landowner no longer wants the renter to live on his or her property? What happens when the landowner finds that more money can be gained by replacing the current renter with someone who has a higher income? The issue of displacement for renters who face this predicament is examined throughout this comment by analyzing gentrification - the raising of prices beyond what existing renters can afford. n5

Gentrification displaces a lower-income community from their existing neighborhood by virtue of an influx of higher income residents, who are willing and able to pay more rent. n6 This comment focuses on gentrification as it affects the renting population.

One cause of gentrification is redevelopment, wherein a renewed community interest takes place in a previously neglected area. n7 Redevelopment has become a trend for blighted n8 metropolitan areas. This neglect results in decreased property values, run down storefronts,  [*118]  eroding infrastructure, and an overall decrepit appearance. The purpose of redevelopment is one of renewed monetary interest, which in theory, serves as an economic generator to spur other reinvestment into the community.

Redevelopment can benefit the city by increasing property taxes thereby raising the tax base. n9 Redevelopment breeds construction, which consequently creates a need for large amounts of capital to redevelop. Depending upon the plan utilized, redevelopment can work to channel commerce, tourism and industry into a once blighted location. Therefore, positive benefits of redevelopment do exist.

Unfortunately, however, redevelopment can pose a threat to a community. n10 Redevelopment can force the relocation of a population, who may not have the ability to relocate easily. Gentrification can displace existing low-income renters, essentially rendering them homeless.

This comment attempts to explore the general process of gentrification, and identifies one community currently on the verge of gentrification in order to present the reader with a true-life example of a neighborhood in danger of displacement. This comment's purpose is not only to serve as an explanation of gentrification, but also as a loosely adaptable blueprint for possible strategies to use in the effort to curb the ill effects of gentrification. Part I introduces the Campbell subdivision in El Paso, Texas. Part II examines the Campbell neighborhood, which illustrates an application of gentrification. Part II then explores the various theories used in identifying the patterns of housing selection, and identifies the housing and market forces that impact neighborhoods.

Part III introduces the reader to El Paso's Downtown Redevelopment Plan, more specifically, the Union Plaza area. The redevelopment plan, which could ultimately cause disruption to and displacement of current Campbell residents, is the impetus for the revitalization of the area encompassing the Campbell neighborhood.

 [*119]  Part IV analyzes the impending collision of the Campbell subdivision with the Union Plaza redevelopment plan. A comparison of homeowners' and renters' rights is presented in Part V. This includes a general overview of a municipal entity's use of eminent domain powers. Part VI introduces various solutions that could be used to combat the displacement of, and promote the protection of, current Campbell residents. In addition, Part VI examines the feasibility of each named solution with specific focus on the Campbell subdivision. Finally, Part VII places special emphasis on the author's thoughts regarding Campbell's possibilities in relation to the surrounding area's property redevelopment.

I. The Campbell Subdivision of El Paso, Texas
 
Between 1960 and 1990, El Paso's downtown residential population declined from 17,029 to 6,864, a 60% reduction. n11 In addition, the number of downtown housing units decreased 64%, from 5,549 to 1,985. n12 Alternately, there was simultaneous increase in the Central Business District housing density, from 1.7 to 3.7 persons per housing unit. n13 The statistics illustrate that there were more people per home, even though fewer homes and fewer residents actually exist in downtown El Paso. n14

The Campbell subdivision is located in the northwest section of downtown El Paso and within the Union Plaza district. n15 As part of the downtown area, residential development in Campbell is not immune from changes currently brewing in the downtown area. Over the years, the Campbell subdivision has tracked El Paso's downtown trend by losing a significant number of area residents. n16

The United States Census Report for Tract Number 17 in El Paso, Texas, encompasses and describes the character of the Campbell subdivision. n17 Although the area accounted for in the census report covers a broader region than Campbell, the demographics of Tract 17 are a reasonable  [*120]  estimate of those found within the Campbell neighborhood. During the 1990 census, 32.9% of Tract 17 was between 25-34 years old. n18 It was also predominantly Hispanic n19 in that approximately 81% percent of the tract's inhabitants were Hispanic. n20 The median family income was at $ 10,806 with a median household income of $ 8,843. n21 Following the downtown trend, Tract 17 has seen an increase in population with a corresponding decrease in the number of housing units. n22 This snapshot of Tract 17 sufficiently characterizes the Campbell subdivision.

A more refined understanding of the type of residents and their living arrangement in the Campbell neighborhood is garnered through examining El Paso's Union Plaza district, which is a subcomponent of Census Tract 17, and includes the Campbell neighborhood within its boundaries. As of January 1999, there were approximately 669 residential inhabitants of the Union Plaza District. n23 This area had a higher concentration of Hispanics than Tract 17. n24 In addition, approximately 62% of Union Plaza's residents live below the poverty line, n25 and the subdivision itself currently contained 260 residential units, including duplexes, single family homes, and tenement apartments. n26

Like the rest of El Paso's downtown area, the Campbell subdivision has experienced an increase in population accompanied by a decrease in  [*121]  the number of available housing units. n27 In fact, the Campbell neighborhood is presently zoned for residential, light industrial, and heavy industrial uses. n28 The residential areas of Campbell consist of both houses and apartments. n29 One unifying character, with several obvious exceptions, however, is that the housing situation in Campbell is in need of repair. n30 The homes and apartments are generally older structures that are showing obvious signs of age. n31 Many of the residential units require a good deal of work and capital in order to return them to viable residential structures. n32 In some instances, this problem is being addressed by local community groups.

One local community organization, Centro De Salud Familiar La Fe (La Fe), n33 has expanded its services to include a housing project which  [*122]  seeks to accommodate the growing needs of El Paso's poor and elderly inner-city population. n34 La Fe's expanded services to the poor and the elderly range from medical services to the addition of a housing initiative. n35 This new housing initiative involves two properties located within the Union Plaza Redevelopment area. n36 One property designated for redevelopment n37 is a condemned tenement which once held twenty units. n38 La Fe will renovate the tenement from the inside out in order to accommodate twelve new one-bedroom units. n39 The structure was originally built in 1916, without accommodations for modern day heating, cooling, plumbing or indoor restroom facilities. n40 The renovated homes will receive these conveniences including: gas stoves, refrigerators, and water and sewer services. n41

The second component of La Fe's housing initiative involves two condemned buildings that will be completely demolished in order to build two new housing units. n42 These new buildings will be separate from the aforementioned twelve-unit building, although located right next door. n43 But in order to create a community atmosphere between the two new buildings, La Fe has also developed a courtyard idea. Two renewed  [*123]  buildings will share the courtyard as a common leisure area. n44 In addition, there will be a stage for teatros n45 and local musicians, a communal garden, and a sitting area. n46

La Fe's intention is to make the homes available for "very low-income residents ... senior citizens... [and] farm workers," n47 and will also target couples and single people. n48 The entire project is anticipated to cost approximately $ 728,000. n49

The La Fe housing rehabilitation project serves as an excellent example of and solution for the current inadequate housing situation for low-income tenants in the Campbell area. n50 The amount of work and money required by La Fe's housing initiative to bring their particular housing structures back into the existing Campbell housing stock seems to illustrate the condition in which many current Campbell residents find themselves. n51 The housing stock is in need of other funding in order to help replenish the depleting housing stock available to the area's poor and elderly. n52 Even with the "dramatic growth in the housing construction industry, little of that activity is directed toward low-to-moderate income  [*124]  households." n53 Sadly, this problem was exacerbated when another tenement in the area was lost to fire during the creation of this comment. n54 This incident may have added an additional twenty-five families to the list of homeless in El Paso. n55

II. Introduction To Gentrification
 
When dealing with the topic of gentrification, an understanding of its working definition is helpful. n56 However, even a brief examination into this subject reveals an overwhelming list of broad definitional studies. n57 For the purposes of this comment, the subject of gentrification is limited to its residential applicability, that is, homes and apartments. From this perspective, gentrification is the process by which the socioeconomic designation of a particular neighborhood is altered by the influx of new inhabitants. n58 Specifically, gentrification can be defined by looking at the  [*125]  resulting effects that an influx of high wage earners has on predominantly low-income neighborhoods. n59

Campbell is one such area and is highly susceptible to gentrification at this point in time. Campbell is zoned as a mixed-use area located within the boundaries of the Union Plaza Redevelopment Plan. n60 The purpose for the new zoning structure is to attract business into the district and foster economic development. n61 As a result, it is believed that other financial resources will begin to settle into this previously neglected area. Although not firmly and pragmatically planned for, one highly sought resource is existing residential housing. n62 The problem, however, is that if the portion of Campbell targeted for business renewal directly abuts itself against its residential area, gentrification and displacement may result. n63 With a significant influx of money for various infrastructure renewals and its proximity to the business district, the Campbell area is likely to experience soaring property rates. n64

A. Two Basic Ideas
 
Before Campbell's redevelopment issues concerning gentrification are fully examined, it is pertinent to note two fundamental facts, which affect all low-income communities. First, poverty, in and of itself, plays a role in where indigent people are financially capable of living; and second, the ability of the poor to seek legal protection through the court system is minimal, at best. n65

 [*126]  Despite the Department of Housing and Urban Development's stated goal of freedom of choice in housing, n66 those living in lower socioeconomic brackets generally do not have much latitude in choosing where they live. n67 Instead residency is a function of income, and most indigent persons live in blighted metropolitan areas because that is where their income dictates they live. n68 For example, there is currently an explosive growth in the number of colonias across Texas and other southwestern states. n69 These neighborhoods offer housing that lacks basic infrastructure, including running water, sewage, and in some places, electricity in exchange for extremely low rental payments. n70 Obviously, if one truly had freedom of choice in where they lived, it would not be in a neighborhood that lacks the most basic necessities common to other neighborhoods and necessary for the prevention of numerous health risks. Regarding El Paso in particular, the development of colonias in far east El Paso is, in part, a result of a shortage of "affordable, decent, and standard housing for moderate and low-income persons." n71 In reality, basic economic needs, rather than personal choice, determine where the poor make their homes. n72

 [*127]  In addition, indigent communities lack the financial resources to defend their existing homes and communities, no matter what their condition, through the courts. n73 Many court cases brought on behalf of low-income communities demonstrate that these neighborhoods are subjected to discriminatory zoning practices, land usage, and hazardous waste siting. n74 These facts provide for a more profound understanding of gentrification and how it affects low-income minorities. n75

B. Types of Gentrification
 
Historically, gentrification occurs in two ways. One example is when an upper-income earner moves into a blighted area. This move creates the impetus for other subsequent upper-income earners to follow suit. n76 With this type of renewed interest comes an increased rental rate, n77 which ultimately results in the displacement of the low-income residents. n78

The second most readily identifiable way for gentrification to occur involves the influx of public financing by local and/or federal monies for the redevelopment of a specific area. n79 In this situation, a targeted blighted area is the focus of such money. Large amounts of capital spent on previously neglected correlates in the renovation of buildings, better infrastructure, lights, and improvement for other important residential necessities. n80

 [*128]  The Campbell subdivision, however, is actually on the outer boundary of the targeted area. n81 Most of the money going into the region will actually go to fund the redevelopment of the nearby warehouse area. n82 As noted, both residential and commercial zones are found within the Union Plaza area. n83 However, this commercial zone is primed to become an entertainment district, not a residential community. n84 The Campbell neighborhood's proximity to the proposed entertainment district seemingly ensures that the residential area will be affected. n85 Examination of the Union Plaza redevelopment plan illustrates how the areas of focused redevelopment will affect the current Campbell residents.

C. Causes of Gentrification: Housing Development Theories
 
Before delving into housing development theories, it is important to further develop the idea of gentrification. Causes for gentrification are myriad. One example of gentrification can be seen in the currently renewed interest in downtown metropolitan living. n86 Cities are promoting a return to central city living by increasing the number of residential spaces available in downtown lofts and other buildings. n87 Another example is the return of upper economic level professionals, especially young  [*129]  professionals, to older neighborhoods. n88 In returning to what were once well-established upper level economic neighborhoods, one sees the development of the process often described as "reverse filtering." n89

For one to fathom the depth of reverse filtering and its implications on gentrification, however, one must first turn to an understanding of the various theories explicating housing patterns, such as the "filtering," "ring," "reverse filtering," and "spiral" theories, discussed herein.

1. Filtering
 
Filtering is a theory that describes the pattern of housing choices by a city's inhabitants as it relates to real estate market forces. n90 Basically, filtering is the cyclical process by which a city's inhabitants divvy up its housing stock. n91 The idea is that when one with a higher level of income, party A, relocates, generally the party will build a newer home. This new home is also usually further away from downtown's populated areas. In doing so, party A's former home is left behind for someone else, party B, who is typically just below the first party's economic level. n92 Party B then leaves its current home to move into Party A's old home, thereby creating another vacancy; this time in a lower-income housing unit.

Filtering reveals that economic level with housing is "filtered" down via real estate market forces. n93 Implicit in this theory is the increase in creation of housing stock by the upper economic levels. n94 This is due to  [*130]  wealthier families building and moving into new homes. n95 By doing so, not only have they created another home to be added to the area's housing stock, but the family has also left their previous home to be placed on the market. n96

2. Ring Theory
 
Intrinsic to the theory of filtering is the ring theory. n97 This is the class stratification theory that accompanies the filtering model in order to complete the description of the outward residential pattern of growth. n98 The ring theory's premise is that as a city develops, the housing patterns begin developing into rings stretching outward from the center of the "walking city." n99 The "walking city" is the initial settlement area where one typically finds the centers of commerce, industry, and residence. n100 The stratification of these rings is generally by economic class. n101 Accordingly, the imposition of the ring theory with the idea involved in the filtering theory n102 produces the full accounting of how and why the middle and upper classes, who are typically Anglo, moved from the center of the city. n103

This process left the lower income classes, often poor migrants from within and outside of America, in central city locations. n104 It should also be mentioned that the creation of these economic and racially segregated areas should not always be attributed to the innermost workings of the impartial free market tenants of real estate. Restrictive covenants and other tools of racial subjugation cannot be left out of a truly open discussion of the forces responsible for such theories of spatial concentration. n105

 [*131] 

3. Reverse Filtering
 
In contrast to the ring theory and filtering method, reverse filtering involves the depletion of the city's housing stock when the upper-income inhabitants, instead of building new homes, relocate to the older neighborhoods previously lived in by lower income groups. n106 In returning to these neighborhoods, new money is spent in renovation and repair. Once several renovators have moved in, a trend characteristically begins. With more and more money being pumped into these older neighborhoods, property taxes increase. n107 With increased property taxes, landowners find justification for increased rents. n108 Accordingly, the few remaining low-income residents are displaced by skyrocketing rents, which are paid by incoming upper-income tenants. n109

A devastating problem associated with the process of reverse filtering is the depletion of the existing housing stock. When reverse filtering occurs, there is less housing available. n110 Once displaced, the lower income groups have even fewer places to reside, since they are not able to relocate to where the upper income group came from, for obvious economic reasons. n111 In this present day and age, when the availability of government provided or assisted housing is proportionally lower than other  [*132]  times in history, n112 reverse filtering has led to not only the displacement of lower income neighborhoods, but more frequently to homelessness. n113

4. Spiral Theory
 
The process of filtering is closely related to the spiral theory. n114 In fact, the spiral theory was actually developed from the filtering theory. n115 The spiral theory provides an explanation for the geographic patterns of housing. It looks to three critiques of the filtering model for its creation. n116 From these critiques, circular causation is developed. n117 "Circular causation" is the idea that many forces are at work together in a system, i.e., housing patterns. n118 These forces are "functionally interlinked" so that if one such force changes, it not only alters the other forces, it has the ability to affect the cumulative aggregate of the system itself. n119 The altering of the system itself allows for further alteration by virtue of the fact that the system itself has changed. n120 This is analogous to a ripple effect: if one side of a pond is disturbed, the ripple will reverberate throughout the pond.

The "circular causation" theory holds that the alteration of one force can alter another force equally, thereby causing an opposite reaction. This is a "stable equilibrium" in that one force's alteration nulls the reactive force's alteration. n121 The "cumulative causation" problem arises,  [*133]  however, when the initial change in force is so strong that the reactive force becomes unequal. n122 This unstable equilibrium, or spiral, is the result of cumulative causation. This is the basis of the spiral theory, and "through its operation, one can understand how and why one small stimulus in a neighborhood environment may lead either to no effect, or a drastic movement of the neighborhood toward either decay and abandonment (a downward spiral) or prosperity and improvement (an upward spiral)." n123

Spiral theory is best illustrated through the use of an example. Essentially, the theory asserts that any type of system n124 is like a string held at both ends. n125 If one end (side A) is moved, the other end (side B) will also experience movement. If side B counteracts with an equal force, however, the string can again achieve balance. n126 A problem arises when the movement of one end is so violent that the response cannot equalize the initial force. n127 Applying this example to the housing market illustrates problems concomitant with gentrification.

As the market is functionally interlinked, n128 any action within it will cause results elsewhere in the market. Therefore, in order to redevelop a blighted area, which creates a disturbance on one end of the system, equalization of the system requires a counterbalancing force at the other end. Where a large amount of money is invested into an area without accounting for the opposite reaction, the cumulative causation problem arises. n129

5. Milking
 
One must look to other factors when considering the causes of displacement created by a gentrifying market. One such factor is "milking." n130  [*134]  Milking typically occurs in a low-income neighborhood and involves the intentional refusal by a landlord to maintain housing conditions for residential property yet continuing to collect rents from tenants. n131 Maintenance of the residential property is left unattended until the property is either no longer habitable or desirable as a home, forcing all residents eventually to move or authorities to close the building. n132 A milking landlord is essentially engaging in constructive eviction and treating her property as a wasting asset rather than a renewing asset. n133

As a wasting asset, no money is invested in the property; therefore, the only real loss felt by the landlord involves time and property taxation. n134 Thus, the milking strategy is a mechanism for wasting the property, rather than maintaining it as a renewable long-term investment. n135 The possibility of future increased rents in a gentrified neighborhood is often incentive enough to encourage a landlord to "milk" the property and "wait out" the residents. n136 In addition, current inhabitants continue to pay rent, providing income to the milking landlord throughout the entire waiting process. Thus, there are instances when a "rational landlord will decide to 'milk' his building." n137

6. Warehousing
 
Another factor is "warehousing." n138 This occurs most often in states where landlords are not at liberty to evict at-will. n139 When one resident moves out, that rental unit remains empty until the entire building is  [*135]  empty. n140 Usually, a nearly vacant building is a disincentive for residents to remain in the rental unit. n141 This commonly utilized tactic empties a low-income housing unit, and hastens a newly gentrified larger income producing property. n142

Using merely one of the aforementioned options or a combination of several, various roads to gentrification are illustrated. These are only a few of the perils that low-income renters must face. This listing is in no way an exhaustive list of gentrifying factors. These factors are discussed merely in an effort to understand how the gentrification of a neighborhood can often begin.

III. The Union Plaza Redevelopment Project
 
El Paso, Texas is currently undergoing several drastic redevelopment projects, the goal of which is the creation of a new and vibrant downtown area. n143 Several new points of interest include an entertainment district, a public/private transportation hub, and an improved infrastructure. n144 The most significant part of the redevelopment plan is the Union Plaza Redevelopment Project. n145 The name stems from one of the more prominent features found within the area: the Union Plaza Train Station, which is an historic and beautiful building created by the same architect who built the Union Station in Washington, D.C. n146

The Union Plaza Project area encompasses nineteen city blocks entirely within the Campbell neighborhood. n147 The Project area's boundaries  [*136]  lie at "Paisano Drive to the south and west, El Paso and Santa Fe streets to the east, and the Santa Fe Railroad tracks to the north." n148

As has been illustrated herein, the area that encompasses Union Plaza and Campbell has become blighted and dilapidated. n149 Like most of downtown El Paso, the Union Plaza District has suffered from both public and private disinvestment. n150 Many of the once busy warehouses have been closed for years, n151 resulting in an abandoned appearance. n152 The Union Plaza Redevelopment Plan (hereinafter the "Plan") is an effort to recapture the lost vibrancy of the area. n153

The Plan has a four city-block, business-zoned area at its focus; an area originally encompassed in the initial Union Plaza Plan. n154 The organizers of the plan, however, found that in order to receive federal assistance, the Plan needed to be expanded. n155 Once the project was enlarged to include residential areas, federal funds became available. n156 Accordingly, the initial (four city-block entertainment redevelopment) Plan was enlarged to encompass the new (nineteen city-block redevelopment) Plan. n157

The Union Plaza project is a multi-phase plan; n158 its most notable plans include: the creation of a new art museum and a new arts festival plaza; expansion of the tourist and convention center; creation of a streetscape program to include infrastructure renovation; creation of a transit terminal, expansion of the rubber-tire trolley service; creation of a new fire  [*137]  station to serve the newly renovated area; and, creation of two new urban parks. n159 In January 1999, the projected budget anticipated a total spending of $ 53,300,000. n160 The project is funded through various public and private resources, including federal funds and local bonds. n161 The current status of the individual public improvement projects range from the completion of the art museum and the arts festival plaza, to the expected Spring 2001 completion of the final design plans for the tourist and convention center. n162

One aspect of the downtown redevelopment project involves the development and integration of El Paso's area for both residential and commercial use. n163 This section of the Plan deals with the creation of new buildings and renovation of existing historic buildings, making both viable additions to the city's housing stock. n164 These improvements envision creating housing developments in the northeastern part of downtown. n165 The renovation portion focuses on the Plaza Hotel, Popular Building, Banner Building, J.J. Newberry Building, Caples Building, and the southern part of downtown. n166 However, the housing portion of this Plan does nothing for the residents of Campbell subdivision with regard to their existing homes. Instead, the focus on redevelopment is to revitalize the area with restaurants, hotels, and retail operations. n167

Although much capital has been invested in the Campbell area businesses and infrastructure, funding is minimal for housing renovation. n168 That so little is being done for housing renovation is ironic because although the initial plan was designed for only the redevelopment of a business zone, it was altered to add an additional fifteen residential and business blocks in order to gain access to more funds. n169 These funds,  [*138]  however, only improved the additional fifteen blocks in infrastructure. n170 The housing situation has only changed minimally and additional plans to help the existing housing situation in Campbell do not exist. n171

Regardless, the Plan does help Campbell, by encouraging the redevelopment and infusion of both private and public monies. n172 Through economic incentives, landowners are given various opportunities to refurbish existing buildings or to create new structures. n173 This is worrisome because, as illustrated herein, if money pours into a previously blighted community without any protection over the existing homeowners, gentrification is often the result. n174 This effect is cumulative causation in action. n175 Focusing solely on the redevelopment of the businesses and properties of the area illustrates that the Union Plaza Redevelopment Plan has forgotten the residents of Campbell and is not concerned with their possible displacement.

IV. The Collision of Campbell and the Redevelopment Plan
 
Campbell is deeply affected by the Redevelopment Plan. n176 As a result of the money and interest expended on redevelopment in the Campbell area, several things are bound to occur. One is that the property rates within this neighborhood will rise. An increase in property rates typically justifies a landowner's decision to raise rental rates. n177 Additionally, once the surrounding area has undergone beautification, it is foreseeable that the nearby properties (outside the Union Plaza area) will alter their appearance in order to create a cohesive, unified city area. n178 This would also likely cause rental rates to increase.

 [*139]  This scenario is particularly relevant to the Campbell area due to the strict requirements of conformity for the surrounding buildings and the aesthetic restrictions placed upon them. n179 According to architectural and design guidelines created by the Department of Planning, Research and Development of El Paso, adherence to uniform construction styles are to be followed. n180 Compliance is required in order to protect area businesses "from inappropriate design and unsightly construction that could potentially diminish the appeal of the district." n181

Union Plaza has a long-standing transportation history that has been utilized as a theme for development of the area. n182 For instance, the area adopted a turn-of-the-century railroad design. n183 This railroad theme will be strictly enforced to comply with the Union Plaza Architectural and Design Guidelines. n184 The stringent requirements range from the height restrictions of buildings, n185 to the placement of canopies and awnings, n186 and the color and design choices of signage. n187 These demanding building code requirements n188 will likely increase the amount of financial resources that landowners will need in order to be in compliance. In turn, this will likely add to a landowner's justifications for raising rental rates.

It should also be noted, however, that some monies have been offered to landowners to minimize the costs of aesthetic compliance. n189 Despite these funds, it seems inevitable that the increase in land values and the  [*140]  expense that redevelopment modernization incurs will likely serve as a basis for a landowner to justify rental increases. This is problematic because the redevelopment plans for the Union Plaza District mainly benefit business, tourism, and industry, and do not realistically address residential development in the Campbell area. n190

It seems apparent that Campbell's proximity to the redevelopment area will create a corollary effect due to rising rental rates: the effect of displacement. There is bound to be a certain amount of displacement as the area undergoes this transformation and rental rates increase.

The problem currently affecting Texans is that 34% percent of Texas renters cannot afford fair market rates for a one-bedroom apartment. n191 That fair market rent for a one-bedroom apartment in El Paso is estimated to be $ 445. n192 In fact, a minimum wage earner is required to work sixty seven hours per week, at the federal minimum wage of $ 5.15 per hour, in order to be able to afford such an apartment. n193 NLIHC follows the United States Department of Housing and Urban Development's ("HUD's") affordability standard, and deems an apartment affordable if one's rent is no more than 30% of the renter's total income. n194

The ill effects of gentrification affects minorities: "even though people of all colors have been gradually displaced from time to time by gentrification, Blacks and Latinos, more often renters than their White counterparts, are less likely to exert any influence on the process [of  [*141]  gentrification]." n195 By NLIHC and HUD standards, if the renter is an independent Social Security Insurance ("SSI") beneficiary receiving $ 484 in monthly SSI benefits, the maximum monthly amount that renter could spend on housing is a mere $ 145. n196 This amount is so low it would be laughable if it were not so tragic. The amount certainly falls well below the fair market value, placing independent SSI beneficiaries in a serious predicament. This data must also be considered with the Campbell subdivision in mind. According to the 1990 U.S. Census, 85% of Campbell residents earned no more than $ 14,999 in annual income, n197 while 62% of the Campbell residents live below the poverty level. n198 The Census also noted that the racial makeup in Campbell was predominantly Hispanic. n199 Furthermore, for the ages of eighteen and above, approximately 59% of Campbell residents have not gone beyond the ninth grade education level. n200 While these facts and figures were gathered from the 1990 U.S. Census, the truth is that there is very little movement from the neighborhood. n201

Due to rental increases, landlord pressure, a combination of any of the preceding, or one of a list of other possibilities, it seems that the displacement of some of Campbell's current inhabitants is logically soon to follow. Therefore, the resident's rights are an important next step in this inquiry. Since the area includes both homeowners and renters, the differences between the two are first examined.

V. The Rights of Homeowners and Renters
 
Although this comment focuses on the situation in which renters find themselves with regard to gentrification, the homeowner's situation should also be briefly mentioned, because of the applicability of their situation  [*142]  to that of the similarly situated homeowners in Campbell. The point in discussing homeownership in Campbell is to further illustrate the very different position in which their renting counterparts find themselves. Specifically, examination of the displacement of a homeowner versus the displacement of a renter will illustrate why gentrification is such a serious problem for renters.

Homeowners are affected quite differently than renters, regarding the process of gentrification. Cities are able to use their governmental powers in order to "persuade" homeowners to relocate with or without their consent. n202 This is the governmental power of Eminent Domain. n203

By using municipal eminent domain powers, a city can forcibly remove a homeowner. n204 Eminent domain powers allow a municipality or other governmental agency to take land from a landowner for a "public" use and after paying "just compensation." n205

One example of eminent domain within the Union Plaza project is illustrated by the presence of a string of four neighborhood homes at the corner of Durango and Overland Streets. n206 These homes are currently located within the two-block area designated to become the future Transit Terminal and Parking Facility. n207 The Goodman Corporation n208  [*143]  began negotiations with this area's homeowners in order to purchase their properties. n209 Three of the four homes have been purchased, and the transit/parking facility is nearing construction. n210

With regard to at least one owner, the Goodman Corporation has been very successful in carrying out the eminent domain powers of the city, while also appeasing the displaced resident. The effect of the eminent domain process, as utilized for the Union Plaza Plan, is exemplified by "MPM's" relocation. n211

The Goodman Corporation dealt with "MPM" directly in an effort to obtain his property and place him in a new home. n212 In accordance with HUD requirements, Goodman employees sought out homes of equal or greater financial worth by looking through the classified advertisements and then driving him to those homes he found suitable. n213 This process was repeated until "MPM" was relocated to a home in the central area of El Paso. n214 In fact, Goodman employees claim "MPM" calls their office regularly to thank them for his new home. n215

It is important to note that "MPM" was a willing participant in his own removal. n216 Notwithstanding that fact, the city has authority to relocate a non-compliant owner where the city merely follows all existing regulations. n217

"MPM"'s example illustrates the difference between homeowners and renters. If "MPM" had been a renter, the Goodman Corporation employees would have been under no obligation to help place him into another home. However, under eminent domain, the government can forcibly relocate an owner where the move is done for a public use and so long as the owner is fairly compensated. n218 Relocating renters, however, requires no compensation or establishment of a public use, because they have no property interest. n219

In addition, the landlord has sole discretion in whether or not to displace the renter. While HUD compliance is required where the government forces relocation, a landlord's removal of a tenant requires no such  [*144]  compliance because a tenant has no vested property interest. n220 In essence, the renter has no rights, while the homeowner finds himself with implicit rights. n221 Such disparity in the sanctity of and ability to protect one's home is the catalyst for this entire comment. Logically, the next step is an examination of any proactive solutions available to combat the displacement of current Campbell residents as a result of the possible consequences of the Downtown Redevelopment Plan.

VI. Possible Solutions
 
There have always been options available to lower-income renters who are in the process of being displaced. n222 Unfortunately, however, none of the options are particularly successful. n223 In fact, amid the array of these "options" is the common inability to protect successfully renters for indefinite periods of time. n224 Possible solutions to be examined herein are rent control, neighborhood privatization, constitutional claims involving housing, eviction free zones through the utilization of the implied warranty of habitability, and resident controlled redevelopment.

A. Rent Control
 
The underlying theme of rent control is to have some type of mechanism in place to guard against a landowner's arbitrary raising of rental rates; the setting of rental rates protects the renter. n225 In other words, rent control seeks to maintain rental rates at one rate for an extended period, usually some set amount of years. n226 Rent control assuages a renter's fear by establishing ceiling rents that combat against gentrification. n227

One example of rent control is when the person setting the rental rate selects an arbitrary date and determines future rents at the rate assessed on that date for an extended period. n228 Essentially, the rental rate freezes  [*145]  at the rate charged on the date chosen. n229 This stops the practice of "bidding up" rental rates in an area by those who have more disposable money for housing. n230 In areas currently experiencing an increase in demand, rent control is an excellent way to protect the current residents. For example, "by maintaining rental prices at a reasonable level and by preventing direct displacement, Rent Control will slow the reduction in low-income housing currently occurring in gentrifying neighborhoods." n231

However, the problems encountered in implementing rent control are numerous. One problem is the idea that a free market should be the only type of control in place over a United States citizen's property. n232 Another critique is the claim that rent control will stifle the construction of new homes due to fear that someday these newer housing units will be under the powers of rent control. n233 As a result of these and other strong deterrents, rent control has been very limited in its application. n234 Along these same lines, it seems unforeseeable at best, that rent control could ever be put into place in Texas, not to mention the time constraints involved in the Campbell situation. This is due in part to the fact that while Americans highly value individual rights, Texans do so even more. Accordingly, this is not a viable solution for the Campbell subdivision.

B. Neighborhood Privatization
 
Neighborhood privatization is another option for anti-displacement forces because it involves privatizing real estate so that residential areas can have complete control over future development. n235 Neighborhood privatization, however, results from taking property rights to the extreme. n236 Not only does this theory promote abolishment of zoning, it  [*146]  seems to incorporate a very individual-focused theme that follows from other American individualistic beliefs. n237

Neighborhood privatization poses several problems. The first issue relates to implementation; the second involves possible ramifications concomitant with implementing such a solution. Privatization primarily involves the removal of neighborhood restrictions, including those imposed by zoning and other similar land use control. n238 Therefore, implementing such a new legal regime for neighborhoods is quite problematic. n239 Zoning continues to be a well-established form of public regulation of neighborhoods. Therefore, replacing zoning restrictions with other less established means of neighborhood development would require a great deal of planning and time on the part of neighborhood developers, residents and city officials. n240 Accordingly, its replacement would have to be stable, and strong enough to withstand any public scrutiny. n241 For these reasons, the implementation of privatization as an immediate solution for Campbell is unlikely. However, privatization may be a viable option for future Campbell residents.

A second problem is the possibility that negative ramifications could arise from the implementation of neighborhood privatization. Privatization envisions neighborhood groups as self-governing entities that govern all aspects of the community environment. n242 According to Robert H. Nelson, such privatization does not require unanimity before a community can implement some type of self-regulation strategy. n243 Should a majority rule be imposed, forces could be put into effect as retaliatory measures against those noncompliant to the norms of the majority. n244 This type of mob rule mentality contradicts the liberty notions inherent to this country's form of government.

With just these two reasons in mind, neighborhood privatization must be ruled out as a solution to Campbell's situation. The implementation and implications of the idea of privatization seem to obviate the need for further discussion. From theories of privatization, the discussion should now move to solid case law.

 [*147] 

C. Case Law Regarding Constitutionality
 
A third possible solution involves constitutional issues brought up in New York and New Jersey case law during the late 1980s. Cases such as Village of Euclid v. Ambler Realty Co., n245 Asian Americans for Equality v. Koch, n246 and Southern Burlington County N.A.A.C.P. v. Township of Mount Laurel n247 illustrate that constitutional claims regarding housing, with a few notable exceptions, are rarely successful.

The seminal case regarding the history of zoning laws is Village of Euclid v. Ambler Realty. n248 Euclid sparked the idea of applying the Tenth Amendment's police power to allow for "protective zoning." n249 Using the police powers' ideas of health, safety, and the public's general welfare, a government's use of zoning to protect residential neighborhoods from business was found to be within the scope of such amendment. n250 Euclid can be said to stand for the beginning of zoning as a way to protect residents from being overrun by such mixed-use neighborhoods that would allow a highly hazardous industry to purchase land next door to a home. n251 Euclid is a notable exception, however. It is notable because of the idea behind it. The fact that the residential aspect was what the court found to be of importance is also of importance to this comment. While Euclid is of great importance to communities of color, Euclid fails Campbell residents as there is still an "absence of zoning protection from diverse modern-day land use threats ... [like] development-induced displacement of low income residents." n252 Accordingly, due to the inability of case law to curb such displacement effects, which now loom on Campbell's horizon, another solution must be sought.

D. Eviction Free Zones
 
A fourth possible solution looks to "Eviction Free Zones" as a response to combat gentrification. The response involves using the existing community members and resources to battle against the forces of gentrification. n253 Sources to be utilized include local community groups and the  [*148]  legal services of lawyers. n254 The primary idea behind this strategy is to use the implied warranty of habitability n255 and other such legal measures to delay and/or prevent evictions. n256 "The community group's goal is to make eviction a difficult and expensive process for landlords, slow gentrification, and ultimately block displacement." n257

The fact is that many low-income housing units are substandard with regard to governmental requirements, as laid out in the Implied Warranty of Habitability. n258 This implied warranty requires that landlords maintain a habitable condition for their renters. n259 The use of this warranty as a defense to eviction (when the landlord hopes to cash in on the redevelopment occurring around the property, for example) proves to be a significant way to increase the costs of eviction for landlords. This then, becomes a deterrent to additional displacement of low-income residents.

One scholar has discussed other possible positive effects of enforcement of the implied warranty. n260 This scholar claims that conservative, case-by-case usage of the warranty could possibly lengthen the lives of buildings in neighborhoods in decline. n261 This could occur through enforcement of the warranty; the building receives the required maintenance, thereby staving off its eventual decline, for some time. n262 This extends the building's life as opposed to hastening its decline when a  [*149]  landlord chooses to milk the building. n263 An additional possibility is that with the life of residential buildings extended, the housing stock is thereby increased. n264 With the increase in housing stock comes a corresponding decrease in the cost of rents, due to market forces. n265 If more housing is available, then it follows that competitive market forces would demand rental rates to be decreased. n266

The use of the warranty can also cease any domino effects involved in the milking of one building. n267 The decisions and activities of one landlord affect those of the neighboring landowners, as well as the properties themselves. n268 Accordingly, the milking of one building could lead to the milking of another. Extrapolating further, one's milking could cause a domino effect unto the decline of an entire neighborhood. n269 This is evidenced as one's property valuation is dependent upon various factors, including the value of neighboring properties. n270 The use of the warranty in cases such as these would be beneficial in stemming the drop in property values, thereby curbing the possible domino effect of one landlord's decision to milk a building. n271

Another legal maneuver, within the confines of eviction free zones, includes improper service of eviction. n272 If the landlord is milking, or intentionally ignoring needed repairs, the tenants could sue under the state's Consumer Protection Act, not only for damages, but also for attorney's fees. n273 In an eviction free zone, the legal service lawyer is to use anything within his or her grasp to delay and ultimately prevent the eviction. n274 The public declaration of the creation of an eviction free zone by community activists and current tenants also adds negative publicity as a tool for the resident's defense. n275 This use of the media helps to create a  [*150]  feeling that evictions will be hard fought and can thus serve as a deterrent to possible investors in the newly gentrifying neighborhood. n276

One final issue should be noted. Gentrification often deals with very low-income communities. Accordingly, there are rarely enough resources to mount an effective legal battle against property owners in these redeveloping neighborhoods. The final issue here is the retaining of pro bono or even court appointed attorneys for these renters. "The overarching public interest in assuring decent housing for low-income people has made [mandatory defense attorneys for the indigent in eviction proceedings] an area of heightened local, state, federal, and even international concern." n277 This is of obvious importance in El Paso, as well as the Campbell area, due to the poverty statistics cited herein. Once legal protection is retained for these renters, Eviction Free Zones, as a solution to the problem of gentrification, becomes a viable way to keep a renter's home.

E. Resident Controlled Redevelopment
 
The final solution enumerated here is the idea of resident controlled redevelopment. This idea comes from the view that:


 
Standard redevelopment is planned and implemented by local elites - often at the behest of powerful local and nonlocal entities - to achieve results that those elites deem important. The people who live where redevelopment happens, the people who have the most to lose, generally have no say in this 'local' and 'community driven' process. n278


 
This view illustrates the problem inherent with redevelopment of a specific neighborhood without the input, or consent, of the current inhabitants. This last possible solution looks to those often forgotten voices, those that are most affected, for guidelines on this redevelopment. n279 These guidelines propose that resident-controlled redevelopment is the most effective means of conducting redevelopment. n280

The main crux of this argument seeks to review the idea of who is in power and what they are doing while in that position. n281 More often than not, it is true that the people at the helm of the government (whether it is  [*151]  local, state, or federal) do not in fact always mirror the constituents to which they are representing. n282 In other words, the officials do not always have the same interests or concerns in mind that their constituents do. Often times, they do not have the same background as their constituents. Very few low-income individuals hold high government offices.

As a point of clarification, this comment is not putting forth the idea that in order to understand and correctly represent a group you must be a member of that group. Obviously, this would be an impossible hurdle that most elected officials could never clear. However, it is axiomatic that the further removed one is from a situation, the less able one is to relate in kind. In this case, the "situation" refers to poverty.

If in fact, the people who are putting together such redevelopment plans are fairly well removed from poverty, it follows that their implementation of such a plan will likely not take into account those directly affected by the poverty they seek to resolve. n283 This is the idea behind resident controlled redevelopment: if the government is to redevelop an area that is inhabited, then that government should have the existing community's input as to how, why, when, and where to implement that redevelopment. n284 Such input includes neighborhood meetings, neighborhood canvassing, and other information-gathering techniques, such as advisory boards comprised primarily of local residents. Again, the point is to include the residents in the process.

VII. Conclusion
 
The next step in the logical progression of this comment is to look to what has been said and what is left to be done. The problem is that the current redevelopment plan for downtown El Paso has already begun to pour money and renovation into downtown. In and of itself, the redevelopment of this blighted area is not problematic. However, the proximity of Campbell to the Union Plaza Redevelopment Plan's core is where the problem is discovered. No one solution listed herein could ever provide an absolute answer for this situation. Accordingly, it seems only appropriate to merge all available solutions to fit the specific problem raised by Campbell's location.

With this in mind, the best solution for the Campbell situation is likely one involving a hybrid-approach whereby residents of the area utilize portions of the Eviction Free Zone and Resident Controlled Redevelopment solutions posed herein. This hybrid would include the utilization of  [*152]  local community groups and attorneys, as set forth in the Eviction Free Zones section above. Community groups could publicize the plight of the displaced as a way of rallying community support. Such publicity could then be used to solicit funds and/or pro bono services by local attorneys. Ultimately, the main goal is to slow gentrification and stop the processes of milking, warehousing and displacement.

The second part of this hybrid solution is the creation of Resident Controlled Redevelopment. Development that incorporates the input of those that are most intimately involved is necessary. For example, utilization of advisory boards partly composed of affected residents, while still allowing the bureaucratic entities to develop and maintain the ideas of the residents, marries the best of each party's abilities.

In using this hybrid solution, the community could first bring their situation into a public forum. Once the public became aware of the possibility of displacement, and all it entails for the affected individuals, public support would follow. Financial and perhaps pro bono services of an attorney for the area would also likely follow. This would then open the door for the use of the implied warranty of habitability. Once the homes of the residents are secure and their voices are no longer forgotten, residents should be welcomed into the decision-making process. It is only when everyone affected is present at the table that the process becomes most viable.

FOOTNOTES:
n1. See, e.g., Anita Brenner & George R. Leighton, The Wind that Swept Mexico: A History of the Mexican Revolution 1910-1942 (3d ed. 1993); Vine Delora, Jr., Custer Died for Your Sins: An Indian Manifesto (1969); Randy L. Eickhoff, Exiled: The Tigua Indians of Ysleta del Sur (1996); Richard Griswold del Castillo, The Treaty of Guadalupe Hidalgo: A Legacy of Conflict (1990); Laurence A. Hill, La Reina: Los Angeles in Three Centuries (1989); Leonard Pitt, The Decline of the Californios: A Social History of the Spanish-Speaking Californians, 1846-1890 (1970); Edward H. Spicer, Cycles of Conquest: The Impact of Spain, Mexico and the United States on the Indians of the Southwest 1533-1960 (11th ed. 1997); Richard White, 'It's Your Misfortune and None of My Own': A new History of the American West (1991); Richard Griswold del Castillo, Manifest Destiny: The Mexican-American War and the Treaty of Guadalupe Hidalgo, 5 Sw. J. L. & Trade Am. 31 (1998); Christine A. Klein, Treaties of Conquest: Property Rights, Indian Treaties, and the Treaty of Guadalupe Hidalgo, 26 N.M. L. Rev. 201 (1996); Guadulupe T. Luna, Chicana/Chicano Land Tenure in the Agrarian Domain: On the Edge of a "Naked Knife," 4 Mich. J. Race & L. 39 (1998).



n2. Compare Mary Crow Dog & Richard Erdoes, Lakota Woman 111-43 (1990) (detailing the American Indian Movement's (AIM) 1973 armed takeover of the Wounded Knee site, from the American Indian perspective), with Stanley David Lyman, Wounded Knee 1973, at 3-165 (1991) (detailing the same takeover from a government agent's perspective).



n3. See Rodolfo Acu<tild n>a, Occupied America: A History of Chicanos 369-71 (4th ed. 2000). Acu<tild n>a describes the Reies Lopez-Tijerina's armed conflict. See id. Reies Lopez-Tijerina headed a minority group who felt that their homelands had been stolen; the group grew tired of trying to regain the lands in a lawful manner. See id. Lopez-Tijerina felt that the United States occupants had stolen his rightful, ancestral home, after and partly due to the Treaty of Guadalupe Hidalgo. See id. The group felt that it was the Mexican-American's turn to steal it back. See id.



n4. Justice Douglas remarked that "modern man's place of retreat for quiet and solace is the home. Whether rented or owned, it is his sanctuary. Being uprooted and put into the street is a traumatic experience." Lindsey v. Normet, 405 U.S. 56, 82 (1972) (Douglas, J., dissenting in part).



n5. Gentrification is defined as: "The restoration and upgrading of a deteriorated or aging urban neighborhood by middle-class or affluent persons, resulting in increased property values and often in displacement of lower-income residents." Black's Law Dictionary 695 (7th ed. 1999). See also The Concise Oxford Dictionary 492 (8th ed. 1990). Gentrification is the "social advancement of an inner urban area." Id.



n6. See, e.g., Jane Martinson, How Boom Failed to Bridge the Texan Divide: U.S. Slowdown in the Last in a Series, We Look at Prospects for Rich and Poor in Bush's Home State, The Guardian, Jan. 11, 2001, available at 2001 WL 291326 (identifying the increase in disparity between the rich and poor in Austin, Texas, and the gentrification issues); Robert McNatt, Bringing the City Back to Life, Bus. Week, Jan. 8, 2001, at 24, available at 2001 WL 2204778 (reviewing Paul S. Grogan & Tony Proscio, Comeback Cities: A Blueprint for Urban Neighborhood Revival) (favoring revitalization of city neighborhoods but not at the expense of the poor); Peter I. Rose, There Goes the Neighborhood ... Or Does It?, Christian Sci. Monitor, Jan. 11, 2001, at 20, available at 2001 WL 3732969 (reporting Ingrid G. Ellen's response that poor African Americans are "inevitably the odd ones out"). But see Jim Wooten, Editorial, Destined to Fail: Neighborhood Revival Efforts Ignore Fact People Are Mobile, Atlanta J. & Const., Jan. 24, 2001, available at 2001 WL 3656326 (stating that it is not unusual for the poor to relocate).



n7. Redevelopment is to "develop anew, especially in an urban area with new buildings." The Concise Oxford Dictionary 106 (8th ed. 1990).



n8. A blighted area is one that has been historically neglected by the community. The Concise Oxford Dictionary 116 (8th ed. 1990).



n9. See, e.g., Martison, supra note 6. The article discusses the findings of The Centre for Public Policy Priorities, a non-profit group in Texas. The report indicated that in the year 2000, "low unemployment levels had done little to raise many of the black and Mexican families in the city above the poverty line..." See id. But cf. Ken Alltucker, Over-the-Rhine-A Neighborhood Ripe for Development?; The Struggle for Vine Street; Advocate for Poor Resist Gentrification, Cincinnati Enquirer, Nov. 11, 2000, at C01, available at 2000 WL 10106156 (discussing an urban renewal plan that includes "tax breaks for property owners to encourage redevelopment housing for all income levels").



n10. See, e.g., Jonathan Kaufman, From the Manor Torn: Amid High-Tech Boom, a Fight Breaks Out Over Eviction of Latinos: Junior Leaguers Join Nuns in Effort to Thwart Silicon Valley Landlord: 'We Need These Gardeners,' Wall St. J., Oct. 20, 2000, at A1, available at 2000 WL 26613948 (illustrating that many Latino families, who earn low wages, live five to six people to a room).



n11. See Dep't of Planning, Research & Dev., City of El Paso, Tex., Downtown Redevelopment Plan 3 (1996).



n12. See id.



n13. See id.



n14. See id. See also Kaufman, supra note 10.



n15. See generally Eng'g Dep't, City of El Paso, Tex., Union Plaza Infrastructure Improvements (1996) (portraying Campbell's location within the City of El Paso).



n16. See Downtown Redevelopment Plan, supra note 11 (tracing the decline in the number of downtown residents and housing units). See generally Union Plaza Infrastructure Improvements, supra note 15 (placing the Campbell subdivision in downtown El Paso).



n17. See United States 1990 Census for Tract 17, Block 4, City of El Paso, Tex., Census Population by Race and Spanish Origin by Planning Area and by Census Tract.



n18. See United States 1990 Census for Tract 17, Block 4, City of El Paso, Tex., Census Population by Age Groups.



n19. See United States 1990 Census, supra note 17.



n20. See id. This percentage was calculated by dividing the number of Hispanics (2,275) in the area by the total population of the area (2,817). See id.



n21. See United States 1990 Census for Tract 17, Block 4, City of El Paso, Tex., Census Population, Housing, and Income by Tract From 1990 Census STF-3A. "Family income" is defined as the amount earned for a four-member household, while "household income" is the amount earned by any household, regardless of the number of members. See id.



n22. See The Goodman Corp., Union Plaza Redevelopment Program: El Paso, Texas 7 (1999). See also United States 1990 Census, supra note 17.



n23. See Goodman Corp., supra note 22.



n24. Compare Dep't of Planning, Research & Dev., City of El Paso, Tex., Union Plaza Redevelopment Plan 8 (1996) (describing the population as 99% Hispanic), with United States 1990 Census, supra note 17 (counting the population as 81% Hispanic).



n25. See Union Plaza Redevelopment Plan, supra note 24. The term "poverty line" refers to the minimum income level needed to secure the basic necessities of life. See The Concise Oxford Dictionary 934 (8th ed. 1990). For 1996, the poverty line for the forty-eight contiguous states and the District of Columbia was drawn at $ 15,600 for a family of four. See Annual Update of the H.H.S. Poverty Guideline, 61 Fed. Reg. 8286 (March 4, 1996), available at http://aspe.os.ohhs.gov/poverty/96poverty.htm (last modified May 25, 2000).



n26. See Goodman Corp., supra note 22.



n27. See United States 1990 Census, supra note 17 (detailing the tracts illustration of a population increase of 209 and a decrease of 3 housing units in the Campbell subdivision).



n28. See Dep't of Planning, Research & Dev., City of El Paso, Tex., 1988 Land Use: El Paso-Ciudad Juarez & Vicinity (1988); see also Union Plaza Redevelopment Plan, supra note 24, at 5 (resolving the issues of heavy manufacturing and warehouses with mixed-use zoning). See generally Zoning Dep't. City of El Paso, Tex., Union Plaza Zoning Ordinance (1996) (discussing the permitted activities in the Union Plaza mixed-use area).



n29. See Union Plaza Redevelopment Plan, supra note 24, at 10 (referring to the 1990 U.S. Census information regarding housing stock with 90% of the total units being renter occupied).



n30. See Downtown Redevelopment Plan, supra note 11, at 25 (stressing commercial expansion as a reason for the decline in residential areas). But see Union Plaza Redevelopment Plan, supra note 24, at 10 (illustrating that by conducting a block by block survey a wide range of conditions were seen with most substandard units being vacant).



n31. See Adelina Reza, An Analysis of the Tenement Situation in South El Paso 1-14 (1983) (detailing the development of housing within areas of the City of El Paso). See also Downtown Redevelopment Plan, supra note 11, at 25 (mentioning the renovation of the historic Old San Francisco downtown residential neighborhood after years of neglect).



n32. See Downtown Redevelopment Plan, supra note 11, at 25.



n33. La Fe is a community group founded more than thirty years ago in El Segundo Barrio, a neighborhood on El Paso's south side. See Centro de Salud La Fe, Inc., Celebrating 30 Years of Community Service (1997). Initially La Fe began as a community group formed to better the lives of the area's youth. See id. The group's mandate seeks to improve their general health - "not just the physical, but the social, economic, political, educational, spiritual, and psychological issues" that face them. Id. In accordance with this mandate, La Fe made medical and dental services available. See id. Also, in an effort to fulfill the original idea, La Fe now has a housing initiative that has several projects in line. See Interview with Sal Bustillos, Director of Housing Initiatives, Centro de Salud Familiar La Fe, Inc., in El Paso, Tex. (Oct. 21, 1999) (on file with The Scholar: St. Mary's Law Review on Minority Issues); Tex. Ass'n of Cmty. Health Centers, TACHC Members: Centro de Salud Familiar La Fe, Inc., at http://www.tachc.org/tm lafe.htm http://www.tachc.org/tm lafe.htm (last visited Jan. 16, 2001).



n34. See Ken Flynn, La Fe Clinic Rebuilds Rundown Tenements, El Paso Times, Sept. 30, 1999, at 3B; see also Patrick C. McDonnell, Le Fe Clinic Gets Approval for Apartment Complex, El Paso Times, Dec. 16, 1998, at 4B (noting the expansion of La Fe services into property development). See generally Interview with Sal Bustillos, supra note 33 (explaining how La Fe became involved with housing projects).



n35. See Centro De Salud, supra note 33 (highlighting the organization's emphasis on medical, health, and housing services); Interview with Sal Bustillos, supra note 33 (introducing the housing redevelopment as a community problem La Fe needed to address). Prior to this foray into housing, La Fe's main services were centered on medical care. See Texas Ass'n of Cmty. Health Centers, supra note 33.



n36. See Centro De Salud Familiar La Fe, La Fe Housing and Community Development Initiative, Durango St. Tenement Rehabilitation Project: Project Summary and Status (as of 10/20/99) (1999).



n37. See id. (detailing the Durango Street housing initiative). See also Flynn, supra note 34 (describing the two housing projects now underway by La Fe, known as La Fe's housing initiative).



n38. See La Fe Housing and Community Development Initiative, supra note 36 (detailing the housing initiative); Flynn, supra note 34; Interview with Sal Bustillos, supra note 33 (speaking of various aspects of the Durango project).



n39. See La Fe Housing and Community Development Initiative, supra note 36 (approximating the one-bedroom units as 550 square feet each); Flynn, supra note 34 (describing the gutting of 428 Durango); Interview with Sal Bustillos, supra note 33 (portraying the renovation of the two-story building).



n40. See La Fe Housing and Community Development Initiative, supra note 36; Flynn, supra note 34.



n41. See La Fe Housing and Community Development Initiative, supra note 36.



n42. See id. See also Flynn, supra note 34.



n43. See La Fe Housing and Community Development Initiative, supra note 36; Interview with Sal Bustillos, supra note 33.



n44. See La Fe Housing and Community Development Initiative, supra note 36; Interview with Sal Bustillos, supra note 33 (discussing the uses of the common area as gardening entertainment and relaxation).



n45. Teatro is Spanish for theater. See Cervantes-Walls Spanish and English Dictionary 234 (1989). In common usage, it alludes to small community troupes, plays, and playhouses. See id. Generally, teatros are small plays done by community groups in order to entertain, organize, or even disseminate information among local area Chicano groups. See also Luis Valdez, Notes on Chicano Theatre, in Early Works: Actos, Bernabe and Pensamiento Serpentino 6-10 (1990) (describing Chicano theater). With regard to the local teatros, it is this type of Chicano Community Theater that La Fe is envisioning. See Interview with Sal Bustillos, supra note 33 (discussing La Fe's vision of potential uses of the communal stage in the courtyard area).



n46. See Interview with Sal Bustillos, supra note 33; see also Flynn, supra note 34.



n47. Flynn, supra note 34. See also La Fe Housing and Community Development Initiative, supra note 36 (stating eligible tenants for the La Fe units).



n48. See Flynn, supra note 34. See also La Fe Housing and Community Development Initiative, supra note 36.



n49. See La Fe Housing and Community Development Initiative, supra note 36 (estimating the total project cost at $ 728,000). But see Flynn, supra note 34 (projecting the total cost at $ 751,000).



n50. See La Fe Housing and Community Development Initiative, supra note 36; Flynn, supra note 34. See also Union Plaza Redevelopment Plan, supra note 24, at 10 (recognizing the general state of disrepair of the area as well as its numerous vacant lots and buildings).



n51. See La Fe Housing and Community Development Initiative, supra note 36; Flynn, supra note 34. See also Union Plaza Redevelopment Plan supra note 24.



n52. See Dep't of Cmty. & Human Dev., City of El Paso, Consolidated Plan for the City of El Paso, Tex. 1995-2000, at I-22 (1995) (stating that a large percentage of the housing in El Paso is substandard).



n53. See id. (illustrating El Paso's lack of housing for low-income residents).



n54. See KVIA-TV, 7 News, Makeshift Cooking Plate Responsible for Apartment Fire (Nov. 3, 1999), at http://www.kvia.com/news/show article.cmdl?code=199930700454804.



n55. See id.



n56. Gentrification is defined as "the restoration and upgrading of a deteriorated or aging neighborhood by middle-class or affluent persons, resulting in increased property values and often in displacement of lower-income residents." Black's Law Dictionary 695 (7th ed. 1999). Gentrification is also defined as "the social advancement of an inner urban area by the arrival of affluent middle-class residents." The Concise Oxford Dictionary 492 (8th ed. 1990). For a general sampling of the immense literature on gentrification, see Donald C. Bryant, Jr. & Henry W. McGee, Jr., Gentrification and the Law: Combating Urban Displacement, 25 Wash. U. J. Urb. & Contemp. L. 43 (1983); Jon C. Dubin, From Junkyards to Gentrification: Explicating a Right to Protective Zoning in Low-Income Communities of Color, 77 Minn. L. Rev. 739 (1993); James G. Durham & Dean E. Sheldon, III, Mitigating the Effects of Private Revitalization on Housing for the Poor, 70 Marq. L. Rev. 1 (1986); Richard T. LeGates & Chester Hartman, Gentrification-Caused Displacement, 14 Urb. Law 31 (1982); Peter Marcuse, To Control Gentrification: Anti-Displacement Zoning and Planning for Stable Residential Districts, 13 N.Y.U. Rev. L. & Soc. Change 931 (1984-85); Peter Marcuse, Gentrification, Abandonment, and Displacement: Connections, Causes, and Policy Responses in New York City, 28 Wash. U. J. Urb. & Contemp. . L. 195 (1985); Jeffrey James Minton, Rent Control: Can and Should It Be Used to Combat Gentrification?, 23 Ohio N.U. L. Rev. 823 (1997); Peter J. MacDonald, Note, Displacement in Gentrifying Neighborhoods: Regulating Condominium Conversion Through Municipal Land Use Controls, 63 B.U. L. Rev. 955 (1983).



n57. See, e.g., Gentrification of the City (Neil Smith & Peter Williams eds., 1986); Dubin, supra note 56; Marcuse, supra note 56; Minton, supra note 56; MacDonald, supra note 56; Note, Reassessing Rent Control: Its Economic Impact in a Gentrifying Housing Market, 101 Harv. L. Rev. 1835 (1988).



n58. See e.g., Gentrification of the City, supra note 57; Dubin, supra note 56; Marcuse, supra note 56; Minton, supra note 56; MacDonald, supra note 56; Note, Reassessing Rent Control, supra note 57.



n59. See e.g., Gentrification of the City, supra note 57; Dubin, supra note 56; Marcuse, supra note 56; Minton, supra note 56; MacDonald, supra note 56; Note, Reassessing Rent Control, supra note 57.



n60. See El Paso, Tex., Union Plaza Zoning Ordinance 20.53.010 (1996) (designating Union Plaza as a mixed-use environment and indicating that Campbell is within the Union Plaza District boundaries); Downtown Redevelopment Plan, supra note 11, at 35 (identifying the Union Plaza area as a mixed-use district); Zoning Dep't, City of El Paso, Tex., Plat of the Campbell Subdivision. Within city zoning documents, the area referred to as "U-P" is a mixed-use zoning designation created specifically as an anagram for mixed-use zoning in Union Plaza. See id.



n61. See Union Plaza Redevelopment Plan, supra note 24, at 5 (listing the purposes and objectives for Union Plaza's district redevelopment).



n62. See id. (incorporating development and revitalization as some of the plan's objectives).



n63. See generally Downtown Redevelopment Plan, supra note 11 (delineating the boundaries of the various redevelopment projects, including Union Plaza); Union Plaza Infrastructure Improvements, supra note 15 (mapping the Union Plaza District and Campbell Subdivision areas).



n64. See, e.g., Union Plaza Infrastructure Improvements, supra note 15 (outlining the infrastructure improvements for the Union Plaza area).



n65. See generally Consolidated Plan for the City of El Paso, supra note 52, at II-13 (identifying access to legal system as being an unmet need among the poor and homeless populations); Steven Gunn, Eviction Defense for Poor Tenants: Costly Compassion or Justice Served?, 13 Yale L. & Pol'y Rev. 385 (1995) (espousing the notion that the poor are unable to afford legal representation, even for the most serious of situations). See also Kaufman, supra note 10 (describing the poor housing situation for many in the indigent population); McNatt, supra note 6 (discussing the nature of revitalization and some of its effects on the poor); Pervaiz Shallwani, Charitable Groups Get Ready to Help Needy Enjoy Holidays, S. F. Chron., Nov. 22, 2000, at A24 (noting that the poor often seek a variety of assistance, including housing assistance, from charitable organizations).



n66. See Henry G. Cisneros, With Liberty and Justice for All: How America Can Provide Fair Housing for All Its People, 1 Hisp. L.J. 53, 66 (1994).



n67. See Consolidated Plan for the City of El Paso, supra note 52, at I-7 (1995) (asserting that a major contributor to the creation of colonias on the eastern edge of El Paso is the lack of affordable low-income homes). See also Nancy L. Simmons, Memories and Miracles - Housing the Rural Poor along the United States-Mexico Border: A Comparative Discussion of Colonia Formation and Remediation in El Paso County, Texas, and Dona Ana County, New Mexico, 27 N.M. L. Rev. 33, 43-45 (1997) (citing economic reasons as factors in explaining the development of colonias).



n68. See Jeanne Russell, Not Up to Code: Often Low Rent Means Low Quality, San Antonio Express-News, Feb. 11, 2001 (noting that until affordable housing is available, people will tolerate whatever housing is within their means). But see Wooten, supra note 6 (asserting that the presumption that people are immobile as outdated and abused).



n69. See Simmons, supra note 67, at 39-45.



n70. See generally id. (describing the housing patterns of the poor and how they choose where to live); Jane E. Larson, Free Markets Deep in the Heart of Texas, 84 Geo. L.J. 179 (1995) (describing colonias along the Texas-Mexico border as lacking running water and, in certain instances, electricity).



n71. Consolidated Plan for the City of El Paso, supra note 52, at I-7.



n72. See generally id. (illustrating the dismal state of low-income housing in El Paso).



n73. See generally Gunn, supra note 65 (presenting the idea that the poor cannot afford attorneys, even when serious issues arise regarding their housing); Andrew Scherer, Gideon's Shelter: The Need to Recognize a Right to Counsel for Indigent Defendants in Eviction Proceedings, 23 Harv. C.R.-C.L. L. Rev. 557 (1988) (recognizing the poor's need for attorneys assistance in eviction defense situations).



n74. See, e.g., Dubin, supra note 56. The article refers to various case law precedent documenting discriminatory practices used in zoning and other land use determinations. See id. Without legal representation, the poor are often discriminated against by various land-use mechanisms. See id. One of the easiest ways to illustrate this is by traveling through various major cities with an eye on the placement of the major highways. More often than not, the highways cut directly through existing low-income neighborhoods. See id.



n75. See id.



n76. See Bus. Ass'n of Univ. City v. Landrieu, 660 F.2d 867, 874 n.8 (3d Cir. 1981) (defining this type of gentrification as an economic upgrading of the neighborhood through the influx of affluent investors and residents).



n77. See id. (detailing the eviction of lower-income residents due to increased housing costs as a direct result of the economic upgrade of the gentrifiers).



n78. See id. See, e.g., Rose, supra note 6; Joan Oleck, Letter From Brooklyn: There Go the Neighborhoods, Bus. Week. Aug. 7, 2000, at 4A2, available at 2000 WL 24484513.



n79. See, e.g., Martinson, supra note 6; Alltucker, supra note 9 (promoting a neighborhood plan of mixed-income housing). See also Shallwani, supra note 65.



n80. See, e.g., Union Plaza Infrastructure Improvements, supra note 15 (illustrating the planned infrastructure improvements for Union Plaza); Union Plaza Redevelopment Plan, supra note 24 (identifying the particulars of the Union Plaza Redevelopment Plan's improvements).



n81. See Union Plaza Infrastructure Improvements, supra note 15 (illustrating the location of the Campbell subdivision in relation to the improvements).



n82. See generally Union Plaza Redevelopment Plan, supra note 24 (listing a few of the major projects within the plan).



n83. See id. at 5.



n84. See id. at 17.



n85. See Goodman Corp., supra note 22, at 13 (estimating the projected budget for the Union Plaza Plan to be $ 53,300,000).



n86. See, e.g., PBS, The New Urban Renewal: Reclaiming Our Neighborhoods, at http://www.pbs.org.newurban/about/html (last visited Jan. 17, 2001). This site describes the creation of a three-part documentary series devoted to locals rehabilitating their own dilapidated communities. See id. Of particular importance is the first episode in the series, which looks to the growing number of inner-city residents who have begun to redevelop their own areas by the residents' initiative alone. See also PBS, Part One: Rebuilding Neighborhoods From the Ground Up, at http://www.pbs.org/newurban/episode1.html (last visited Jan. 17, 2001).



n87. See Elizabeth Allen, Downhome Downtown, Developers Converting Business into Living Spaces, San Antonio Express-News, Oct. 26, 1999, at C1 (providing San Antonio as an example of a city experiencing a shift of people moving back to the downtown area); Neil Peirce, Downtowns' Moment of Opportunity, San Antonio Express-News, Oct. 11, 1999, at A19 (citing a new real estate trend indicating that more people are moving back into American downtown areas); Neil Peirce, Open Debates to Ensure Downtowns, San Antonio Express-News, Oct. 18, 1999, at A13 (illustrating the trend of downtown revitalization by examining downtown Pittsburgh); Neil Peirce, As Cities Revive, Where Will Poor Live?, San Antonio Express-News, Oct. 25, 1999, at A13 (examining the revitalization of downtown areas and the effects it could have on existing poor communities in those downtown areas).



n88. See, e.g., Martinson, supra note 6; Peter Behr, By the Numbers; Information: Wealth of a Region, Wash. Post, Dec. 11, 2000, at E03, available at 2000 WL 29920734 (reporting that gentrification as middle class families are replaced, a different urban area develops).



n89. Lawrence K. Kolodney, Eviction Free Zones: The Economics of Legal Bricolage in the Fight Against Displacement, 18 Fordham Urb. L.J. 507, 510-12 (1991) (defining reverse filtering).



n90. See, e.g., Allison D. Christians, Breaking the Subsidy Cycle: A Proposal for Affordable Housing, 32 Colum. J.L. & Soc. Probs. 131, 136-37 (1999) (explaining briefly the theory of filtering). See also Keith Aoki, Race, Space, and Place: The Relation Between Architectural Modernism, Post-Modernism, Urban Planning, and Gentrification, 20 Fordham Urb. L.J. 699, 700 (1993) (critiquing the theory of filtering).



n91. See, e.g., Christians, supra note 90, at 136-37 (discussing the filtering process).



n92. Party A's older home, it should be noted, is often subdivided into numerous apartments for more than one Party B.



n93. See Minton, supra note 56, at 828 (developing the filtering theory in order to explain ring theory). But cf. Christians, supra note 90, at 136-37 (contending that gaps in the filtering process do not allow for the theory to benefit low-income residents).



n94. See, e.g., Minton, supra note 56, at 828.



n95. See id. See, e.g., Behr, supra note 88; Oleck, supra note 78 (stressing that gentrification "tears at the fabric of communities").



n96. See, e.g., Minton, supra note 56, at 828 (identifying the concept of "filtering").



n97. See id. at 825 (explaining the necessity of conceptualizing the reasons that led to today's urban demographic landscape and rent control as a response to gentrification).



n98. See id. at 825-28 (explicating the interactions of both the ring and filtering theories).



n99. See id. at 825-26.



n100. See id. at 825.



n101. See id. at 825-26 (asserting that the wealthier classes occupy the rings farthest from the city's center).



n102. See id.



n103. See Jon C. Teaford, The Rough Road to Renaissance: Urban Revitalization in America, 1940-1985, at 4-5 (1990).



n104. See id. at 4. It should be noted that the Union Plaza area, as an older downtown neighborhood, has approximately forty-six percent of its inhabitants as newcomers to the United States. See Union Plaza Redevelopment Plan, supra note 24, at 8 (describing the demographics of the area).



n105. See generally Dubin, supra note 56 (exploring the failure of providing government protective zoning to low-income minority communities).



n106. See Kolodney, supra note 89, at 510-12 (1991) (explaining the details of reverse filtering); Note, Reassessing Rent Control, supra note 57, at 1836-1841 (enumerating the ways that reverse filtering causes displacement).



n107. See Kolodney, supra note 89, at 512; See also Durham & Sheldon, supra note 56, at 6-7 (noting that revitalization preserves existing housing, keeps tax payers in the city, and helps bring deteriorated housing up to building code standards).



n108. See, e.g., Durham & Sheldon, supra note 56, at 7 (stating that neighboring landlords benefit from the revitalized property by raising rents in their own buildings); Kolodney, supra note 89, at 512 (showing the incentive of passing the cost of increased property taxes on to the tenants).



n109. See Note, Reassessing Rent Control, supra note 57, at 1839 (citing Gilderbloom, An Analysis of Intercity Rents, The Rent Control Debate 75, 83, 87-88 (P. Neibanck ed., 1985)). See also Kolodney, supra note 89, at 510-11 (describing reverse filtering, where the landlord displaces the low-income residents for wealthy tenants).



n110. See Note, Reassessing Rent Control supra note 57, at 1838 (asserting that in reverse filtering, higher-income families bid for existing homes rather than new ones during gentrification); see also Kolodney, supra note 89, at 511 (setting the incentive for landlords of converting "high density, low amenity" units into "low density, high amenity" rental units). But see Durham & Sheldon, supra note 56, at 7 (proposing revitalization of inner-city housing "preserves the existing housing stock").



n111. See, e.g., Minton, supra note 56, at 832-33 (expressing the concern of a reducing number of low-income housing units).



n112. See Gustav Niebuhr, Religion Leaders Call Housing a Sacred Right, N.Y. Times, Sept. 10, 1999, at A19 (stating that the letter from religious leaders claim the government has reduced subsidized vouchers for housing from 230,000 to 90,000 between the early 1980s and 1999); see also Note, Reassessing Rent Control, supra note 57, at 1839 (claiming that government subsidies for low-income construction have lessened greatly, thereby leaving low-income residents with less options after displacement; additionally, the author claims that government spending on low-income housing fell from $ 25 million to $ 8 million under President Reagan's administration alone). See generally Jacque Crouse, Study Says Rents Outpacing Wages, Decent Housing Out of Reach for Up to 44% in S.A., San Antonio Express-News, Sept. 10, 1999, at 1A (stating that a significant portion of the working class in San Antonio cannot afford adequate housing).



n113. See Note, Reassessing Rent Control, supra note 57, at 1841 (stressing that with increased rents and fewer low-income options for housing, reverse filtering can result in homelessness).



n114. See, e.g., Minton, supra note 56, at 828-31 (defining the spiral theory and explaining how it predicts the effects of various housing policies).



n115. See id. at 828. The spiral theory is designed to mimic real neighborhood behavior, and what can realistically be expected to occur if a policy response is implemented. See id.



n116. See id. at 828-31.



n117. See id. at 829-30 (discussing on the idea of "circular causation").



n118. See id.



n119. See id.



n120. See id. at 830-31 (developing the Spiral Theory).



n121. See id. (clarifying the idea of circular causation).



n122. See id. (noting the constructs of circular causation).



n123. Id.



n124. The housing market is one such system. See id. at 829 (stating that neighborhoods are intertwined within others in a causal relationship).



n125. This is the idea of being "functionally interlinked." See id. at 829-30 (defining "functionally interlinked").



n126. This exemplifies the achievement of a "stable equilibrium." See id. at 830.



n127. This is "cumulative causation." See id.



n128. See id. at 829. Minton explains the notion of "neighborhood effects" as interlinking a neighborhood through a variety of factors. See id. Such factors include physical characteristics of other homes, their location in relation to other physical sites, the class and racial make-up of the neighborhood and actual or expected actions of neighbors. See id. These "neighborhood effects" interlink the residential market of a neighborhood, affecting the desirability and value of the entire area. See id.



n129. See id. at 830.



n130. "Milking" involves a gentrifying concept whereby a landlord ceases to pay for maintenance expenses and property taxes but continues collecting rents from tenants. See, e.g., Aoki, supra note 90, at 764; Duncan Kennedy, The Effect of the Warranty of Habitability on Low Income Housing: "Milking" and Class Violence, 15 Fla. St. U. L. Rev. 485, 489-91 (1987).



n131. See Kennedy, supra note 130, at 489-91.



n132. See id.



n133. See id. at 489.



n134. See id.



n135. See id. at 489-90.



n136. See id. at 490-91.



n137. Id. at 492.



n138. See Aoki, supra note 90, at 810 (defining warehousing as what occurs when a tenant moves out of a neighborhood affected by milking and a landlord keeps the unit off the market and "warehouses" it as a way to quickly convert it into higher paying property); Kolodney, supra note 89, at 511 n.14 (defining the term warehousing as a technique used by landlords who seek to increase their rental income from the property by allowing the building to slowly empty of paying tenants and then quickly converting the property to a higher paying use).



n139. See Kolodney, supra note 89, at 511 n.14 (citing Apfelberg v. East 56th Plaza, 431 N.Y.S. 2d 622, 623-24 n.1 (1980) for the proposition that warehousing is a tactic preferred in just cause eviction jurisdictions where short notice eviction might not be possible).



n140. See Aoki, supra note 90, at 810; Kolodney, supra note 89, at 511.



n141. See Aoki, supra note 90, at 810; Kolodney, supra note 89, at 511.



n142. See Aoki, supra note 90, at 810-11 (indicating that a landlord's short-term losses can be turned into quick gains by warehousing); Kolodney, supra note 89, at 511 (stating that while a landlord may lose some rental income by these methods, the amount of money to be gained in a gentrified neighborhood makes the rental loss acceptable).



n143. See Downtown Redevelopment Plan, supra note 11, at 2 (naming the goals of the downtown plan); Union Plaza Redevelopment Plan, supra note 24, at 5 (listing goals of the Union Plaza redevelopment).



n144. See Goodman Corp., supra note 22, at 13; Dep't of Planning, Research & Dev., City of El Paso, Tex., Union Plaza Proposal 3-6 (1990). See generally Union Plaza Infrastructure Improvements, supra note 15 (giving a brief overview of the infrastructure improvements to accompany the Union Plaza Plan).



n145. See Union Plaza Redevelopment Plan, supra note 24, at 5 (defining and describing the Union Plaza Development Plan as a component of the Downtown Redevelopment Plan).



n146. See Historic Commission Plaque, El Paso Union Plaza Train Station (on file with the author).



n147. See Goodman Corp., supra note 22, at 3 (describing the Union Plaza Plan and the city's plans for revitalization).



n148. Id.



n149. See id. (describing the declining passenger traffic, business and retail trade in the area as a result of the railroad's abandonment of passenger services).



n150. See Union Plaza Redevelopment Plan, supra note 24, at 3.



n151. See id. at 10 (illustrating that the area is characterized by vacant warehouses and buildings in various states of disrepair).



n152. See, e.g., id. at 12 (describing the strategy behind integrating Union Plaza into the fabric of downtown El Paso); Union Plaza Slideshow (Nov. 1999), at http://www.stantonstreet.com/unionplaza/union/slide1.html (illustrating the look of the area through posted photos of various locations).



n153. See Goodman Corp., supra note 22, at 13 (noting Union Plaza as a once vital economic area connected to railroad operations by restaurants, hotels, and retail businesses).



n154. See Interview with Xochitl R. Diamos, Consultant, The Goodman Corp., in El Paso, Tex. (Oct. 21, 1999) (on file with The Scholar: St. Mary's Law Review on Minority Issues) (discussing the initial intent of the Union Plaza organizers). See also Union Plaza Proposal, supra note 144 (illustrating, via map, the area involved in the redevelopment).



n155. See Interview with Xochitl E. Diamos, supra note 154.



n156. See id. (describing both the initial and the subsequent Union Plaza Plans).



n157. See id.



n158. See Goodman Corp., supra note 22, at 13 (listing the various phases as including an Arts Museum and Festival Plaza, a Tourist & Convention Center, Housing Revitalization, a Transit Terminal, Hotel Development, and a Fire Station). Downtown Redevelopment Plan, supra note 11, at 6 (adding street repaving traffic signal modernization, trolley service expansion to the planned improvements).



n159. See, e.g., Goodman Corp., supra note 22, at 13; City of El Paso, Tex., Union Plaza Newsletter, at http://www.ci.el-paso.tx.us/UPNWSLTR.htm (last visited Jan. 23, 2001).



n160. See Goodman Corp., supra note 22, at 13.



n161. See id.



n162. See id. at 13-14.



n163. See Downtown Redevelopment Plan, supra note 11, at 25 (identifying the goal for the need to redevelop Union Plaza in such a way that will respect and integrate both residential and commercial uses).



n164. See id.



n165. See id. at 28 (mapping and describing the proposed new construction projects of the downtown Redevelopment Plan).



n166. See id. at 27-28 (including historic buildings and the northern section of South El Paso as proposed renovation projects of the Downtown Redevelopment Plan).



n167. See Union Plaza Redevelopment Plan, supra note 24, at 2-4.



n168. See id. at 2-3 (describing the downtown infrastructure as involving suburban retail and industrial centers, without mention of housing).



n169. Compare id. at 5 (noting the need for redevelopment that respects and integrates residential and commercial uses), with Union Plaza Proposal, supra note 144, at 2 (proposing that the downtown development specifically focus on the tourist and entertainment industry).



n170. See generally Goodman Corp., supra note 22, at 14 (describing the status of the public improvement projects, specifically the completion of the Arts Museum and Festival Plaza).



n171. See id.



n172. See Union Plaza Redevelopment Plan, supra note 24, at 5 (insisting frequently that the only way the project will be successful is through both public and private investment).



n173. See, e.g., Dep't of Planning, Research & Dev., City of El Paso, Tex., Union Plaza Downtown Development Plan 24-36 (1996) (listing objectives, solutions, benefits, and strategies available to landowners).



n174. See Minton, supra note 56, at 823-24.



n175. See id. at 827-28 (expanding on the spiral theory's cumulative effects).



n176. See Interview with Xochitl R. Diamos, supra note 154.



n177. See, e.g., Minton, supra note 56, at 828.



n178. See generally El Paso, Tex., Union Plaza Zoning Ordinance 20.53.010 (1996) (providing the purposes of the Union Plaza District as creating, ensuring, and encouraging a unique, yet, consistent, downtown city area). See also Dep't of Planning, Research & Dev., City of El Paso, Tex., Union Plaza Architectural & Design Guidelines 3 (1996).



n179. See El Paso, Tex., Union Plaza Zoning Ordinance 20.53.010 (1996); Dep't of Planning, Research & Dev., City of El Paso, Tex., Union Plaza Architectural & Design Guidelines 3 (1996).



n180. See Union Plaza Architectural & Design Guidelines, supra note 179.



n181. Id. at 2.



n182. See Goodman Corp., supra note 22, at 3.



n183. See id. See also Union Plaza Architectural & Design Guidelines, supra note 179, at 2.



n184. See Union Plaza Architectural & Design Guidelines, supra note 179, at 2.



n185. See id. at 5. The Report recommends limiting building height within a 700-foot radius of Union Depot to forty feet. Those buildings outside the 700 feet radius are guided to follow those restrictions specified in 20.53.060 of the Union Plaza Zoning Ordinance. See id. See also El Paso, Tex., Union Plaza Zoning Ordinance 20.53.060B (1996).



n186. See Union Plaza Architectural & Design Guidelines, supra note 179, at 21. (requiring canopy and awning-free areas over important architectural features).



n187. See id. at 25. (requiring artistic and innovative designs, yet prohibiting florescent colors for signs).



n188. See generally id. at 2-23 (outlining more than twenty restrictive building guidelines that landowners must comply with in order to protect development and business investment in the Union Plaza District from "inappropriate design and unsightly construction that could potentially diminish the appeal of the district").



n189. See Interview with Xochitl R. Diamos, supra note 154. Tax Increment Fund (TIF) monies are set aside for landowners within the Union Plaza District. See id. Landowners are able to petition the city for up to $ 100,000 in order to help them bring a particular piece of land and/or building into compliance with the guidelines. See id.



n190. See generally Union Plaza Proposal, supra note 144, at 2 (listing eight proposed projects, activities, and improvements aimed at the tourist and entertainment industry). But see Union Plaza Redevelopment Plan, supra note 24, at 5 (providing goals for the redevelopment of the area into a "thriving commercial and entertainment district that respects and integrates the current residential and commercial uses").



n191. See Nat'l Low Income Hous. Coalition LIHIS, Out of Reach: Texas (Sept. 1999) at http://www.nlihc.org/cgi-bin/data...e=on&getmsa=on&msa=elpaso&state=tx (last visited Nov. 14, 1999).



n192. See id. The fair market rent for a one-bedroom unit in Texas is $ 451 and nearly half of all renters in Texas are unable to afford the rent for a two-bedroom unit. See id. The Nat'l Low Income Housing Coalition (NLIHC) is a national organization whose sole purpose is to seek an end to the housing problem in the United States. See Nat'l Low Income Hous. Coalition/LIHIS, Out of Reach: Texas (Sept. 1999), at http://www.nlihc.org/oor99/index.htm (last visited Nov. 14, 1999). The NLIHC has developed a program entitled "Out of Reach" in order to disseminate information that the organization has collected. See id. The "Out of Reach" program contains data on incomes and the costs of rental housing by state, city, and county for the fifty states. See id.



n193. See Nat'l Low Income Hous. Coalition, supra note 191.



n194. See id. The process by which the NLIHC compiles its data complies with HUD's standards regarding the 30% figure used in affordability testing. See id.



n195. Ray Suarez, The Old Neighborhood 211 (1999). See generally Gunn, supra note 65. (discussing the abundant problems the poor face when seeking assistance in the face of eviction). See also Scherer, supra note 73 (describing the author's personal experience as a ten-year housing advocate in New York City). But see Comment, Black Neighborhoods Becoming Black Cities: Group Empowerment, Local Control and the Implication of Being Darker Than Brown, 23 Harv. C.R.-C.L. L. Rev. 415 (1998) (illustrating the action taken by activists in Black and Latino low-income neighborhoods to assert political control in their communities through the process of incorporation).



n196. See Nat'l Low Income Housing Coalition, supra note 191.



n197. See Union Plaza Redevelopment Plan, supra note 24, at 8; United States 1990 Census, supra note 17 (stating the median incomes of the tract encompassing the Campbell area).



n198. See Union Plaza Redevelopment Plan, supra note 24, at 8.



n199. See id. (describing the population as 99% Hispanic).



n200. See id. (reporting educational levels of Campbell residents).



n201. See id. (noting that between 1985 and 1990, over 50% of the residents remained in the same housing units).



n202. See Landgraf v. USI Film Products, 511 U.S. 244, 266 (1994).



n203. "Eminent domain is the right of power of a sovereign state to appropriate private property for the promotion of the general welfare. It embraces all cases where by authority of the sovereign power and for the public good the property of the individual is taken without his consent. The power of eminent domain is an attribute of government, and is inherent in it." Byrd Irrigation Co. v. Smythe, 146 S.W. 1064, 1065 (1912). See also Black's Law Dictionary 541 (7th ed. 1999) (defining Eminent Domain as the "inherent power of a governmental entity to take privately owned property, especially land, and convert it to public use, subject to reasonable compensation for taking").



n204. See Landgraf, 511 U.S. at 266 (noting that the Fifth Amendment's Takings Clause prevents the Government from depriving private citizens of vested property rights except for a public use and upon payment of just compensation).



n205. See U.S. Const. amend. V; Landgraf, 511 U.S. at 266.



n206. See Downtown Redevelopment Plan, supra note 11, at 7.



n207. See id.



n208. The Goodman Corporation of Houston, Texas, is the manager of the entire downtown El Paso Redevelopment project. See Interview with Xochitl R. Diamos, supra note 154. Goodman's predecessor was the Arthur Andersen Co. See Arthur Andersen & Lo. & RTKL Associates, Inc., Summary Report: Summary Report: El Paso Renaissance: Union Plaza, El Paso, Texas, 1-62 (1992). The duties of the Goodman Corporation include taking complaints from affected citizens, management of the various construction projects, and making public the latest available information concerning the redevelopment among other numerous tasks. See, e.g., Union Plaza Streetscape, Q. Construction Rep. (The Goodman Corp., El Paso, Tex.), Sept. 9, 1999 at 1-2. One example of the Goodman Corporation's duties is seen in their work with the relocation of displaced homeowners within the Union Plaza area. See Interview with Xochitl R. Diamos, supra note 154.



n209. See Interview with Xochitl R. Diamos, supra note 154 (discussing the Goodman Corporation's involvement with homeowners in the area).



n210. See id.



n211. "MPM" is a former resident of the Campbell subdivision, who owned a home within the Union Plaza Redevelopment Plan. See id.



n212. See id.



n213. See id.



n214. See id.



n215. See id.



n216. See id.



n217. See U.S. Const. amend. V. See also Landgraf, 511 U.S. at 266.



n218. See, e.g., U.S. Const. amend. V.; Landgraf, 511 U.S. at 266.



n219. See Landgraf, 511 U.S. at 266.



n220. See id.



n221. See FCC v. Florida Power Corp., 480 U.S. 245, 252 (1987) (stating that "statutes regulating the economic relations of landlords and tenants are not per se takings"). See also Bowles v. Willingham, 321 U.S. 503, 517-18 (1994).



n222. See, e.g., Durham & Sheldon, supra note 56, at 30-40 (identifying the options of public housing and rent subsidies); Scherer, supra note 73, at 559-60 (identifying public funded legal service programs and volunteer private attorneys as options).



n223. See Scherer, supra note 73, at 560-61



n224. See id.



n225. See, e.g., Note, Reassessing Rent Control, supra note 57.



n226. See Minton, supra note 56, at 824 (discussing the displacement of tenants and the destruction of communities as combated by rent control regimes).



n227. See id. at 823-24.



n228. See id. See also Note, Reassessing Rent Control, supra note 57.



n229. See Minton, supra note 56, at 824.



n230. See id. (citing to Note, Reassessing Rent Control: Its Economic Impact in a Gentrifying Housing Market, 101 Harv. L. Rev. 1835 (1988)). The author challenges the economic arguments against rent control by explaining the impact of rent control in a gentrifying market. See id.



n231. Note, Reassessing Rent Control, supra note 57, at 1843-44 (discussing the effects Rent Control has on gentrification).



n232. See generally Robert H. Nelson, Privatizing the Neighborhood: A Proposal to Replace Zoning with Private Collective Property Rights to Existing Neighborhoods, 7 Geo. Mason L. Rev. 827 (1999) (proclaiming the importance of the market and the problems involved in attempting to restrict it).



n233. See, e.g., Note, Reassessing Rent Control, supra note 57, at 1848.



n234. See Minton, supra note 56, at 823 (discussing economist's views of the negative effects rent control can have on a city); Note, Reassessing Rent Control, supra note 57, at 1835 (recognizing the "impassioned opposition" to rent control).



n235. See generally Nelson, supra note 231 at 827 (declaring privatization as a way to control land uses).



n236. See id.



n237. See id. at 835-36 (arguing for privatization as against zoning laws).



n238. See id. at 835 (discussing the advantages of neighborhood associations).



n239. See id. (discussing the advantages over zoning).



n240. See id. at 835-36.



n241. See id.



n242. See id. at 836 (presenting and developing the idea of neighborhood privatization).



n243. See id. at 840-41.



n244. See Steven J. Eagle, Privatizing Urban Land Use Regulation: The Problem of Consent, 7 Geo. Mason L. Rev. 905, 911-12 (1999) (refuting Robert Nelson's idea of neighborhood privatization, specifically the ideas involving "compulsory 'privatization").



n245. 272 U.S. 365 (1926).



n246. 514 N.Y.S.2d 939 (App. Div. 1987).



n247. 336 A.2d 713 (N.J. 1975).



n248. 272 U.S. 365 (1926). See also Dubin, supra note 56, at 740 n.2.



n249. See Euclid, 272 U.S. at 375.



n250. See Euclid, 272 U.S. at 397. See also Dubin, supra note 56, at 740 n.3 (referring to Euclid).



n251. See Euclid, 272 U.S. at 394-95. See also Dubin, supra note 56, at 740.



n252. Dubin, supra note 56, at 744 (describing the deficiency of Euclid and similar cases in their application to situations such as Campbell).



n253. See, e.g., Kolodney, supra note 89.



n254. See id. at 508-09 (introducing, briefly, an Eviction Free Zone).



n255. See Tex. Prop. Code Ann. 92.061 (Vernon Supp. 1995) (detailing the duties of landlord, one of which is the duty of habitability). See, e.g., Kamarath v. Bennett, 568 S.W.2d 658 (Tex. 1978) (holding that the implied warranty of habitability requires the lessor to lease an apartment that is habitable and livable).



n256. See Kolodney, supra note 89, at 508-09.



n257. Id. (addressing the desires of community groups and legal services through the application of the idea of eviction free zones).



n258. See Tex. Prop. Code Ann. 92.061 (Vernon Supp. 1995) (detailing the duties of a landlord, one of which is the duty of habitability), See, e.g., Kamarath, 568 S.W. 2d 658 (holding that an implied warranty of habitability requires the lessor to lease an apartment that is habitable and livable). See, e.g., Consolidated Plan for the City of El Paso, supra note 52, at I-22 (stating that there is a large amount of substandard housing in El Paso).



n259. In a residential lease, the implied warranty of habitability is "a warranty from the landlord to the tenant that the leased property if fit to live in and that it will remain so during the term of the lease." Black's Law Dictionary 1582 (7th ed. 1999). See generally Kolodney, supra note 89, at 514 n.23 (outlining the Uniform Residential Landlord-Tenant Act, which describes the Warranty of Habitability and the landlord's requirements under such warranty).



n260. See Kennedy, supra note 130.



n261. See id. at 496-501 (stating that the extension of a building's life adds to the availability of the housing stock).



n262. See id. at 496.



n263. See id. at 496-97 (comparing milking to utilization of the warranty, with regard to the length of life of a building).



n264. See id. at 497.



n265. See id.



n266. See id.



n267. See George F. Bloom & Henry S. Harrison, Appraising the Single Family Residence 85-102 (1984).



n268. See id.



n269. See id.



n270. See id.



n271. See Kennedy, supra note 130, at 512 (emphasizing the impact of one landlord's decision to milk a building, in regard to property values of neighboring properties).



n272. See Kolodney, supra note 89, at 517-518 (giving other examples of legal techniques that attorneys could use in order to achieve the goal of an Eviction Free Zone).



n273. See id. at 519 (naming other alternatives for attorneys seeking an Eviction Free Zone).



n274. See id. at 518 (naming the strategy and goals of an Eviction Free Zone).



n275. See id.



n276. See id. (stressing the importance of the use of the media in creating an eviction-hostile atmosphere).



n277. See Scherer, supra note 73, at 576.



n278. Benjamin B. Quinones, Redevelopment Redefined: Revitalizing the Central City With Resident Control, 27 U. Mich. J.L. Ref. 689, 698 (1995).



n279. See id. at 753.



n280. See id. at 753-58.



n281. See id at 698.



n282. See id at 699.



n283. See, e.g., Union Plaza Redevelopment Plan, supra note 24, at 5 (recommending that the neighborhood's needs be addressed through some type of involvement).



n284. See Quinones, supra note 278, at 699.





Prepared: January 24, 2003 - 5:02:29 PM
Edited and Updated, January 25, 2003


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