Poverty Law: Public and Subsidized Housing, Due Process in Government Benefits Programs, Domestic Violence, and Homelessness (Formerly Poverty Law II) Spring 2024 (3 hours) - Thursdays, 9:05 a.m. -12:05 p.m. in Mondale Hall 15 University of Minnesota Law School Mondale Hall Room 15 Professors Larry McDonough and Brianna Boone |
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Week |
Date |
First Half |
Second Half |
1 |
1/18 |
Introduction to Poverty Law Overview of Class and Materials Professor Larry McDonough Professor Brianna Boone |
Working with Limited English Proficiency (LEP) Individuals Professor Brianna Boone Required Reading: Summary on Title VI of the Civil Rights Act of 1964 and Language Access (4 pages) Minnesota students speak nearly 300 different languages at home (1 page) Social Security Administration Language Access Plan (15 pages) Ramsey County Language Access Plan, pages 14-23 (9 pages) In Class Exercise: Language Access Issue Spotting Hypo |
2 |
1/25 |
Unemployment Insurance - The Basics Professor Boone Required Reading: Minnesota Statute Chapter 268 (review table of sections) MN UI Website (explore the website) Eligibility Requirements (1 page) Information Handbook (28 pages - skim) In Class Exercise: UI Eligibility Hypos |
Unemployment Insurance - Common Issues for Low-Income Individuals Professor Boone In Class Exercise: UI Low-Income Issues Hypo |
3 |
2/1 |
Minnesota Background Studies Act - Disqualifications and Set Asides Professor Boone Guest Lecturer Russell Squire, Southern Minnesota Regional Legal Services Required Reading: Job Disqualifications (6 pages) Human Services Background Study Eligibility Task Force, Final Report to the Minnesota Legislature (43 pages) |
Criminal Record Expungements and Pardons Professor Boone Guest Lecturer Russell Squire, Southern Minnesota Regional Legal Services Required Reading: Public v. Private Information: Criminal Records (2 pages) Instructions for Expungement (7 pages) Petition for Expungement (6 pages) National Record Clearing Project (skim website) In Class Exercise: Issue Spotting Options for Client with Criminal Record; Racial Justice Discussion |
4 |
2/8 |
Due Process - Notice of Adverse Action and Benefits Pending Appeal Professor Boone Required Reading: Goldberg v. Kelly, 397 U.S. 254 (1970) (16 pages) In Class Exercise: Review and Discuss Termination/Reduction/Overpayment Notices |
Due Process - Appeals and Fair Hearings Professor Boone Required Reading: Minnesota Statute §§ 256.045 and 256.0451 (skim) Mathews v. Eldridge, 424 U.S. 319 (1976) (18 pages) Fosselman v. Commissioner, 612 N.W.2d 456 (Minn. Ct. App. 2000) (18 pages - skim) Sweet v. Commissioner, 702 N.W.2d 314 (Minn. Ct. App. 2005) (14 pages - skim) In Class Exercise: Excluding Evidence |
5 |
2/15 |
Post-Entitlement Issues - Overpayments Professor Boone Required Reading: MFIP, GA, MSA and SNAP Overpayments (3 pages) 7 C.F.R. § 273.18 (SNAP) (skim) Minn. Stat. § 256P.08 (MFIP, GA, MSA) (skim) "I Can't Pay That!": Social Security Overpayments and Low-Income Clients, Justice in Aging (6 pages) Request for Waiver of Social Security Overpayment Recovery In Class Exercise: Social Security Overpayment Waiver Form |
Intentional Program Violations (AKA Welfare Fraud) Professor Boone Required Reading: Welfare Fraud Cases and Hearings (3 pages) Minn. Stat. § § 256P.07 (skim) Minn. Stat. § § 256.046, subds. 1 and 2 (skim) Notice of Intentional Program Violation and Waiver of ADH In Class Exercise: Discuss ADH Waiver Form; Welfare Fraud Hypo |
6 |
2/22 |
Civil Remedies for Survivors of Intimate Partner Violence Professor Boone Required Reading: Power and Control Wheels (review wheel and watch videos) |
Working with Survivors of Intimate Partner Violence Professor Boone In Class Exercise: DV Legal Issue Spotting Hypo; Safety Plan with a Client |
7 |
2/29 |
Working with Unhoused Individuals: Common Issues, Emergency Shelter, and Encampments Professor Boone Guest Lecturer Ben Weiss, Southern Minnesota Regional Legal Services Required Reading: Tent City, USA - Executive Summary (pages 7-16); Section 5: Legal Standards (read pages 82-86, skim 86-95) Research Problem #1 Handed Out |
Housing Law: Introduction Professor McDonough Tenants' Rights in Minnesota, Minnesota Legal Services Coalition |
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3/7 |
Spring Break |
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8 |
3/14 |
Housing Law: New Laws for 2023 and 2024 Larry McDonough, 2023-2024 Housing Laws Research Problem # 1 Due at 9:05 a.m. via email to Professor Boone |
Housing Law: Introduction to Public and Subsidized Housing Programs Professor McDonough Housing Link, Subsidized Housing |
9 |
3/21 |
Housing Law: Public and Subsidized Housing Evictions Professor McDonough Defending Evictions in Public and Subsidized Housing: Slide Show |
Housing Law: Public and Subsidized Housing Evictions Professor McDonough Defending Evictions in Public and Subsidized Housing: Slide Show |
10 |
3/28 |
Housing Law: Criminal Activity Claims in Private and Subsidized Housing Professor McDonough Wait a Minute: Slowing Down Criminal Activity Eviction Cases to Find the Truth in Minnesota (2024) |
Housing Law: Criminal Activity Claims in Private and Subsidized Housing Professor McDonough Wait a Minute: Slowing Down Criminal Activity Eviction Cases to Find the Truth in Minnesota (2024) |
11 |
4/4 |
Housing Law: Public and Subsidized Housing Evictions Professor McDonough Hypothetical interviews and advice based on materials from the last two weeks |
Housing Law: Manufactured Home Park Lot Evictions Professor McDonough McDonough, Residential Unlawful Detainer Defense, I.F; VI.E.1.u, E.10.e, E.11, E.20.f, E.28, F.4.b, F.7, G.11; |
12 |
4/11 |
Housing Law: Expungement Professor McDonough Residential Eviction Defense in Minnesota, |
Housing Law: Security Deposits Professor McDonough Security Deposits in Minnesota Research Problem #2 Handed Out |
13 |
4/18 |
Poverty Law Work and Life Balance TBD Research Problem # 2 Due at 9:05 a.m. via email Professor McDonough |
Complete surveys and provide class feedback |