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Articles 1 - 10 of 10
Full-Text Articles in Law
The Implied Warranty Of Habitability Doctrine In Residential Property Conveyances: Policy-Backed Change Proposals, Joseph C. Brown Jr.
The Implied Warranty Of Habitability Doctrine In Residential Property Conveyances: Policy-Backed Change Proposals, Joseph C. Brown Jr.
Washington Law Review
Washington's implied warranty of habitability doctrine is a creature of public policy. Its application is appropriately defined and limited by policy concerns. In conceivable cases, however, limits on the doctrine's application would yield results inconsistent with its public policy bases. Although created to protect a specific class of residence purchasers, in Washington the doctrine arbitrarily excludes from its coverage some potential members of that class. Because of these and other problems, the doctrine needs restructuring. This Comment explores the doctrine's public policy roots, analyzes potential new elements and the doctrine's existing elements in light of policy concerns, and suggests changes …
Nonconsensual Repeal Of Third-Party Beneficiary Contract Rights: Senior Creditors Under Subordination Agreements, Jessica A. Hauser
Nonconsensual Repeal Of Third-Party Beneficiary Contract Rights: Senior Creditors Under Subordination Agreements, Jessica A. Hauser
Cardozo Law Review
No abstract provided.
Affordable Housing For The 1990'S, Harold A. Mcdougall
Affordable Housing For The 1990'S, Harold A. Mcdougall
University of Michigan Journal of Law Reform
This Article examines the history of national housing policy and the factors that will influence its future. Part I discusses the role of capital costs in influencing housing policy. Part II summarizes the changes that have occurred in housing policy in the last fifty years. Part III studies how local- and state-level institutions have reacted to these changes. Finally, Part IV predicts the future of national housing policy, focusing particularly on local efforts.
Condominium Conversion Of Residential Rental Units: A Proposal For State Regulation And A Model Act, Bernard V, Keenan
Condominium Conversion Of Residential Rental Units: A Proposal For State Regulation And A Model Act, Bernard V, Keenan
University of Michigan Journal of Law Reform
This Article has several objectives. Part I provides a foundation for discussion by briefly outlining the relationship between the recent history of the rental housing market and those factors prompting the conversion of apartments to condominium status. With this background information, the relevance of conversion legislation is more readily grasped. Part II seeks to establish that state government is the appropriate governmental entity to formulate legislation intended to protect individuals affected by the conversion of rental units. Federal legislation has addressed this specific issue in the relatively unknown Condominium and Cooperative Conversion Protection and Abuse Relief Act of 1980. In …
North Carolina's Retreat From Fair Housing: A Critical Examination Of North Carolina Human Relations Council V. Weaver Realty Co., John O. Calmore
North Carolina's Retreat From Fair Housing: A Critical Examination Of North Carolina Human Relations Council V. Weaver Realty Co., John O. Calmore
North Carolina Central Law Review
No abstract provided.
Unconscionability - Real Property Lawyers Confront A New Problem, 21 J. Marshall L. Rev. 1 (1987), Robert Kratovil
Unconscionability - Real Property Lawyers Confront A New Problem, 21 J. Marshall L. Rev. 1 (1987), Robert Kratovil
UIC Law Review
No abstract provided.
Casenotes: Landlord — Tenant — Tenant Has A Claim Against Landlord For Breach Of Quiet Enjoyment Leading To Constructive Eviction When Landlord Fails To Enforce A Provision In Another Tenant's Lease That Bars Excessive Noise. Bocchini V. Gorn Management Co., 69 Md. App. 1, 515 A.2d 1179 (1986), Susan Schuppner Sands
University of Baltimore Law Review
No abstract provided.
Rent Control Price Fixing: Another Look At The Emperor's New Clothes, Robert N. Markle
Rent Control Price Fixing: Another Look At The Emperor's New Clothes, Robert N. Markle
Touro Law Review
No abstract provided.
Converting Nonpayment To Holdover Summary Proceedings: The New York Experience With Conditional Limitations Based Upon Nonpayment Of Rent, Stephen Ross
Fordham Urban Law Journal
This Article examines the development in New York law of both the landlord's right to terminate a lease for a tenant default and the tenant's right to preserve his tenancy by curing a rent default. It finds that, despite some cases to the contrary, case law in New York favors the landlord's reserved right to terminate over the tenant's historic right to cure, at least as to commercial tenancies." It concludes that, in both residential and commercial tenancies, landlords should not have this termination right' and that the legislature should enact appropriate legislation to achieve that objective. Part II of …
The Necessity For Shelter: States Must Prohibit Discrimination Against Children In Housing, Gretchen Walsh
The Necessity For Shelter: States Must Prohibit Discrimination Against Children In Housing, Gretchen Walsh
Fordham Urban Law Journal
This note surveys the different paths courts and legislatures have taken in their attempts to end housing discrimination against children, and concludes that the most feasible and appropriate solution to the problem is a more effective form of state legislation. Part II discusses the likelihood of success and the issues surrounding a claim based upon a denial of fourteenth amendment rights. Part III centers on the possibility of using the Fair Housing Act for a private cause of action and the problems with the proposed bill to amend the Act. Part IV examines the state statutes that attempt to ban …