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The Implied Warranty Of Habitability In Landlord-Tenant Relationships: The Necessity Of Application In Texas., Stephen Bond Paxson
The Implied Warranty Of Habitability In Landlord-Tenant Relationships: The Necessity Of Application In Texas., Stephen Bond Paxson
St. Mary's Law Journal
Jurisdictions have reassessed the validity of the common law rule of caveat emptor as it relates to landlord-tenant transactions. Courts have imposed the implied warranty of habitability in the wake of the common law rule’s inapplicability to modern leasing situations. The implied warranty better reflects that the modern tenant seeks the use of a habitable dwelling for a temporary period of time. The inability to provide needed changes to the rule through limited exceptions and modifications provides the backdrop for Texas’ rejection of the common law doctrine of caveat emptor. Moreover, the courts have concerns over the harshness of the …
Trafficante V. Metropolitan Life Ins. Co. - White Ghetto Tenants - Standing To Protest Landlord's Rental Discrimination, Rosalee Chiara
Trafficante V. Metropolitan Life Ins. Co. - White Ghetto Tenants - Standing To Protest Landlord's Rental Discrimination, Rosalee Chiara
Cleveland State Law Review
The Supreme Court in Trafficante v. Metropolitan life Insurance Co. has held that tenants having standing under Tile VIII of the 1968 Civil Rights Act, 42 U.S.C. §3610(a), §3610(d) and 42 U.S.C. §19824 to sue their landlord for its alleged discriminatory rental practices.5 Plaintiffs, one black and one white, were tenants of an apartment complex in San Francisco whose tenant population of approximately 8,200 people was less than one percent black. The complaint alleged a variety of discriminatory rental practices directed toward non-white rental applicants and stated that plaintiffs had been injured in three respects. They claimed that they had …