Urban homesteading can refer to several different things: programs by local, state, and federal agencies in the USA who work to help get people into city homes,
squatting
Squatting is the action of occupying an abandoned or unoccupied area of land or a building, usually residential, that the squatter does not own, rent or otherwise have lawful permission to use. The United Nations estimated in 2003 that there ...
, practicing
urban agriculture
Urban agriculture, urban farming, or urban gardening is the practice of cultivating, processing, and distributing food in or around urban areas. It encompasses a complex and diverse mix of food production activities, including fisheries and fo ...
, or practicing
sustainable living
Sustainable living describes a lifestyle that attempts to reduce the use of Earth's natural resources by an individual or society. It is referred to as zero wastage living" or "net zero living". Its practitioners often attempt to reduce their e ...
techniques.
Urban homesteading and affordable housing
Urban American cities, such as
New York City
New York, often called New York City or NYC, is the List of United States cities by population, most populous city in the United States. With a 2020 population of 8,804,190 distributed over , New York City is also the L ...
, have used policies of urban homesteading to encourage citizens to occupy and rebuild vacant properties. Policies by the
U.S Department of Housing and Urban Development allowed for federally owned properties to be sold to homesteaders for nominal sums as low as $1, financed otherwise by the state, and inspected after a one-year period.
Homesteading is practiced in Detroit, but as of 2013
zoning
Zoning is a method of urban planning in which a municipality or other tier of government divides land into areas called zones, each of which has a set of regulations for new development that differs from other zones. Zones may be defined for a si ...
laws prohibit such activity despite talk to encourage more
urban agriculture
Urban agriculture, urban farming, or urban gardening is the practice of cultivating, processing, and distributing food in or around urban areas. It encompasses a complex and diverse mix of food production activities, including fisheries and fo ...
and combat the shrinking population.
While such policies have provided affordable housing for homeowners entering an area, homesteading has been linked with
gentrification
Gentrification is the process of changing the character of a neighborhood through the influx of more Wealth, affluent residents and businesses. It is a common and controversial topic in urban politics and urban planning, planning. Gentrification ...
since the 1970s, especially in neighborhoods such as the
Lower East Side
The Lower East Side, sometimes abbreviated as LES, is a historic neighborhood in the southeastern part of Manhattan in New York City. It is located roughly between the Bowery and the East River from Canal to Houston streets.
Traditionally an im ...
of New York City.
Urban homesteading and agriculture
According to UC-Davis, "an urban homestead is a household that produces a significant part of the food, including produce and livestock, consumed by its residents. This is typically associated with residents’ desire to live in a more environmentally conscious manner."
[Kristen Reynolds, University of California Small Farm Program, February 2009]
Urban Agriculture in Alameda, CA
Retrieved 18 February 2011.
Aspects of urban homesteading include
[UNV-Reno Co-operative Extension Service, 18 September 2009]
Urban Homesteading: Sustainable living in the city
Retrieved 18 February 2011.
*Resource reduction: using solar/
alternative energy
Renewable energy is energy that is collected from renewable resources that are naturally replenished on a Orders of magnitude (time), human timescale. It includes sources such as Solar power, sunlight, wind power, wind, the movement of Hydropo ...
sources, harvesting rainwater, using
greywater
Greywater (or grey water, sullage, also spelled gray water in the United States) refers to domestic wastewater generated in households or office buildings from streams without fecal contamination, i.e., all streams except for the wastewater from ...
, line drying clothes, using
alternative transportation such as bicycles and buses
*Raising animals, including chickens, goats, rabbits, fish, worms, and/or bees
*
Edible landscaping
Foodscaping is a modern term for the practice of integrating edible plants into ornamental landscapes. It is also referred to as edible landscaping and has been described as a crossbreed between landscaping and farming.Waterford, Douglas. ''21st C ...
: growing fruit, vegetables, culinary and medicinal plants, converting lawns into gardens
*Self-sufficient living: re-using, repairing, and recycling items; homemade products
*Food preservation including
canning
Canning is a method of food preservation in which food is processed and sealed in an airtight container (jars like Mason jars, and steel and tin cans). Canning provides a shelf life that typically ranges from one to five years, although u ...
,
drying
Drying is a mass transfer process consisting of the removal of water or another solvent by evaporation from a solid, semi-solid or liquid. This process is often used as a final production step before selling or packaging products. To be considered ...
, freezing,
cheese-making
Cheesemaking (or caseiculture) is the craft of making cheese. The production of cheese, like many other food preservation processes, allows the nutritional and economic value of a food material, in this case milk, to be preserved in concentr ...
, and
fermenting
Fermentation is a metabolic process that produces chemical changes in organic substrates through the action of enzymes. In biochemistry, it is narrowly defined as the extraction of energy from carbohydrates in the absence of oxygen. In food ...
*Community food-sourcing such as foraging,
gleaning
Gleaning is the act of collecting leftover crops from farmers' fields after they have been commercially harvested or on fields where it is not economically profitable to harvest. It is a practice described in the Hebrew Bible that became a legall ...
, and trading
*
Natural building
A natural building involves a range of building systems and materials that place major emphasis on sustainability. Ways of achieving sustainability through natural building focus on durability and the use of minimally processed, plentiful or renew ...
*
Composting
Compost is a mixture of ingredients used as plant fertilizer and to improve soil's physical, chemical and biological properties. It is commonly prepared by decomposing plant, food waste, recycling organic materials and manure. The resulting m ...
Urban homesteading practices can conflict with current city zoning regulations and homeowner’s association by-laws.
[Everett Sizemore, 18 January 2010]
Backyard Chickens and Bureaucrats: The Regulatory Hurdles for Urban Homesteads
Retrieved 18 February 2011.
Urban homesteading is associated with
urban agriculture
Urban agriculture, urban farming, or urban gardening is the practice of cultivating, processing, and distributing food in or around urban areas. It encompasses a complex and diverse mix of food production activities, including fisheries and fo ...
. Urban Homesteading can also be referred to as Backyard Homesteading and Hobby Farming.
History of urban homesteading
The concept of urban homesteading is rooted in the settlement of the western United States during the nineteenth century, when the federal government offered land as an incentive for people to develop unchartered land.
Having an
allotment or
vegetable garden
The traditional kitchen garden, vegetable garden, also known as a potager (from the French ) or in Scotland a kailyaird, is a space separate from the rest of the residential garden – the ornamental plants and lawn areas. It is used for grow ...
has been common throughout history, notably,
victory garden
Victory gardens, also called war gardens or food gardens for defense, were vegetable, fruit, and herb gardens planted at private residences and public parks in the United States, United Kingdom, Canada, Australia and Germany during World War I ...
s during the WW1 and WWII eras, immigrant gardens, the
Integral Urban House, and
the inner-city community gardening movement in the 1970s. The "back-to-the-land" movement of the 1960s, exemplified by numerous groups such as Tennessee'
The Farm has recently been reformed into a "back-to-the-city" movement.
A wealth of urban homesteading books
Urban Homesteadby Kelly Coyne, Erik Knutzen
The Backyard Homesteadby Carleen Madigan
Urban Homesteadingby Rachel Kaplan, K. Ruby Blume
Toolbox for Sustainable City Livingby Scott Kellog) have been published in the past decade. All over the world, people have found ways of growing their own food in inner-city urban areas.
[Jaime Gross, 23 April 2010]
Retrieved 18 February 2011.
On the rise are Urban Homesteading blogs from homesteads all over the world that are embracing the tenets of homesteading philosoph
Urban Family HomesteaderUrban Homestead an
Urban Homesteading These blogs chronicle the journeys of people and families who strive to get off the grid by growing their own foods, raising livestock, using solar power, and working to reduce their impact on the environment.
Trademark controversy
In 2007, the
Dervaes Institute applied to the
U.S. Patent and Trademark Office
The United States Patent and Trademark Office (USPTO) is an agency in the U.S. Department of Commerce that serves as the national patent office and trademark registration authority for the United States. The USPTO's headquarters are in Alexa ...
to register the phrase "urban homesteading" as a
service mark
A service mark or servicemark is a trademark used in the United States and several other countries to identify a service rather than a product.
When a service mark is federally registered, the standard registration symbol ® or "Reg U.S. ...
.
[U.S. trademark registration application serial no]
77/326,565
filed November 15, 2007, registered June 2, 2009 (supplemental). Accessed April 2, 2014. In 2008, the institute followed up with a second service mark application, for the phrase "urban homestead".
[U.S. trademark registration application serial no]
77/574,809
filed September 23, 2008, registered October 5, 2010. Accessed April 2, 2014. "Urban homesteading" was registered, but only on the
Supplemental Register, on June 2, 2009.
[ "Urban homestead" was registered on the ]Principal Register In United States trademark law, the Principal Register is the primary register of trademarks maintained by the United States Patent and Trademark Office. It is governed by Subchapter I of the Lanham Act.
Having a mark registered under the Principa ...
on October 5, 2010.[
In February 2011, a controversy arose concerning a letter the Dervaes Institute sent to authors, bloggers, and organizations using the term "urban homesteading" in which they were asked to not use the terms "urban homestead" or "urban homesteading" without permission or attribution.][Felicia Friesema, 18 February 2011]
LA Weekly
Dervaes Family Trademarks "Urban Homestead" Term: Legal Battle Follows. Retrieved 18 February 2011.[Twilight Greenaway, 17 February 2011]
The Bay Citizen
Oakland Homesteading School Caught in Trademark Tussle. Retrieved 18 February 2011.[Wendy Priesnitz, 17 February 2011]
Natural Life Magazine
Creating Change or Controlling Words? Retrieved 18 February 2011.[Anais Dervaes, 16 February 2011]
Dervaes Institute Blog
Urban homestead trademark matter, and copy of controversial letter. Retrieved 18 February 2011.
On February 14–15, 2011, the Dervaes were successful in their attempts to disable several Facebook pages using the term.
This caused outrage in the urban homesteading community and a backlash against the Dervaeses.[Food Renegade](_blank)
Take Back Urban Homesteading[Granny Miller; A Journal of Agrarian Politics Philosophy and Practice](_blank)
St. Jules and Our Ladies Of Pasadena; Urban Homestead Saints or Greedy Self-Serving Sinners?[Technorati](_blank)
The Green Movement Trademarking Controversy and the Dervaes Family[OC Weekly](_blank)
Adam Parfrey of Feral House Fame and the Electronic Frontier Foundation Prepare to Challenge Dervaeses over "Urban Homestead" Trademark[Transition Voice](_blank)
Urban homesteeds, war horses with mulch[Sierra Permaculture](_blank)
Urban Homestead THIS! Three of the entities whose pages were disabled, including authors Erik Knutzen and Kelly Coyne, Process Media and Denver Urban Homesteading filed petitions to cancel the Dervaes Institute's trademarks in the US Patent and Trademark Office in April 2011.
On 21 February 2011, Corynne McSherry, Intellectual Property Director of the Electronic Frontier Foundation
The Electronic Frontier Foundation (EFF) is an international non-profit digital rights group based in San Francisco, California. The foundation was formed on 10 July 1990 by John Gilmore, John Perry Barlow and Mitch Kapor to promote Internet ci ...
(which is representing authors Coyne and Knutzen and publisher Process Media), sent a response to the Dervaes Institute and published the letter on the EFF website.[21 Feb 2011 EFF Letter to Dervaes Institute](_blank)
/ref>
On 4 April 2011, the Electronic Frontier Foundation
The Electronic Frontier Foundation (EFF) is an international non-profit digital rights group based in San Francisco, California. The foundation was formed on 10 July 1990 by John Gilmore, John Perry Barlow and Mitch Kapor to promote Internet ci ...
filed a Petition to Cancel the trademark on "urban homestead".[Petition to cancel 'Urban Homestead' trademarks](_blank)
/ref>
On 7 April 2011, Denver Urban Homesteading filed a Petition to Cancel the trademark on "urban homesteading".[Petition to Cancel 'Urban Homesteading' trademarks](_blank)
/ref>
On 10 April 2013, Denver Urban Homesteading filed a lawsuit in the U.S. District Court for Colorado against Dervaes Institute, Jules Dervaes and Mignon Rubio Dervaes seeking to cancel the trademark "urban homesteading," an injunction to restore its Facebook page, and damages. On 28 February 2014, the lawsuit was thrown out based on lack of personal jurisdiction and some Colorado statute of limitations. In December 2014 a lawsuit against Jules Dervaes, Dervaes Institute and Mignon Rubio Dervaes was filed in California.
On 4 November 2015, a federal court in California cancelled the trademark for “urban homesteading,” which its owner had used to disable a number of Facebook pages in 2011 by claiming infringement. This ended a nearly five-year legal struggle by a small farmers’ market in Denver, Colorado named Denver Urban Homesteading to cancel the trademark which began when the farmers lost their Facebook page and contacts with customers in February 2011.
The trademark was owned by the Dervaes Institute of Pasadena, CA, self-described in California incorporation papers as a “religious society” and operated by Jules Dervaes and members of his family. After Facebook pages around the country disappeared on February 14, 2011, the urban homesteading community united in protest against the Dervaes Institute, starting two new Facebook pages and a petition on change.org demanding cancellation of the trademark. Court filings show that the Dervaes Institute had issued cease and desist letters to book authors, book publishers, farmers’ markets and even a public library.
In April 2011 Denver Urban Homesteading began legal action at the U.S. Patent and Trademark Office to cancel the trademark. According to owner James Bertini, the USPTO refused to consider the merits, even though it was obligated to hold a single hearing and cancel the trademark quickly because it was listed on the “supplemental register” rather than on the more common “principal register.” The Electronic Frontier Foundation (EFF) fared no better. Bertini said that they commenced legal action at the USPTO to cancel the Dervaes Institute’s trademark for “urban homestead,” as well as for “urban homesteading” but couldn’t get that agency to decide their case, either.
Then, in 2013 the farmers’ market sued to cancel the trademark in Colorado federal court, but after another delay - this time of one year - the judge refused to consider the case for jurisdictional reasons. So in December 2014 Denver Urban Homesteading sued in California where a judge in the U.S. District Court for the Central District of California canceled the trademark because it is generic. Generic words and phrases cannot be registered as trademarks. The case number is 2:14−cv−09216.
Denver Urban Homesteading was unable to afford a trademark lawyer so owner James Bertini, a retired general practice attorney represented the market himself. He was motivated to cancel the trademark not only to get back the farmers’ Facebook page but also as a matter of public interest since other Facebook pages had been disabled. Bertini said that he prevailed over five law firms and nearly a dozen intellectual property litigation attorneys that participated on behalf of the Dervaes Institute in those legal battles. “No small business should have to go through five years of litigation to cancel a trademark that shouldn’t exist,” Bertini said. “A small business cannot afford this burden.” Indeed, according to Bertini, his didn’t, and the farmers’ market was closed this year due to the extensive time required for litigation and travel to California for court-required meetings.
Bertini said that his research shows that this is the first time a trademark on the supplemental register was cancelled in a pre-trial order. However, he still has to go to trial in December to obtain damages. He needs to find an attorney licensed in California who can be associated with him in order to complete the case.
References
External links
{{Authority controlPopular Urban Homesteading Blogs
Our One Acre Farm
Urban Homestead
The 104 Homestead
Earthworms and Marmalade
Attainable Sustainable
Urban agriculture
Simple living