Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 5 of 5
Full-Text Articles in Law
"Warranty Of Security" In New York: A Landlord's Duty To Provide Security Precautions In Residential Buildings Under The Implied Warranty Of Habitability, Christine Hagan
"Warranty Of Security" In New York: A Landlord's Duty To Provide Security Precautions In Residential Buildings Under The Implied Warranty Of Habitability, Christine Hagan
Fordham Urban Law Journal
Although New York lower courts have held that security precautions are an essential element in making an apartment habitable, the New York Court of Appeals has not yet spoken on this issue. Therefore, in the absence of legislative clarification, the extent of security mandated under New York's warranty of habitability is uncertain. This Note examines the development of the warranty of habitability to include security precautions and discusses the status of a "warranty of security" in New York. The Note then proposes guidelines to determine whether a New York landlord has breached a duty to provide adequate security under section …
New York Debates Commercial Rent Control: Designer Ice Cream Stores Versus The Corner Grocer, John J. Powers
New York Debates Commercial Rent Control: Designer Ice Cream Stores Versus The Corner Grocer, John J. Powers
Fordham Urban Law Journal
This Note will review the history of commercial rent regulation in New York City and examine existing commercial rent regulation proposals, both in terms of their underlying goals and their methods of operation. The Note will argue that, as a matter of general economic and public policy, the legislature should not enact commercial rent regulations. In light of these policy considerations, the Note will then examine specific conclusions of the Commission in its Final Report and its assessment of proposed strategies to deal with the problem related to the escalation of commercial rents for small businesses and neighborhood consumers in …
Recovery Under The Implied Warranty Of Habitability, Francis S. L'Abbate
Recovery Under The Implied Warranty Of Habitability, Francis S. L'Abbate
Fordham Urban Law Journal
The New York State legislature codified the implied warranty of habitability for residential leases in Real Property Law section 235-b, but failed to specify remedies for breach. This Note examines the development of the implied warranty of habitability as a basis for expanding a landlord's liability for failure to provide habitable premises and discusses problems relating to recovery for breach which have arisen in New York courts. It argues that recovery should be limited to tenants and intended third party occupants. In addition, punitive damages should not be awarded under a strict liability theory unless malice is established. The added …
Assignment And Subletting Of Leased Premises: The Unreasonable Withholding Of Consent, Jacob L. Todres, Carl M. Lerner
Assignment And Subletting Of Leased Premises: The Unreasonable Withholding Of Consent, Jacob L. Todres, Carl M. Lerner
Fordham Urban Law Journal
The law generally does not favor restrictions on the alienability of property and holds that a tenant may assign or sublet a lease, unless the lease specifically provides otherwise. For instance, courts will enforce the parties' bargain, and uphold provisions in a lease that states that it is non-transferable or that it is transferable only upon the landlord's consent. However, if a lease states that the landlord will not unreasonably withhold consent to a transfer of the lease, when is a landlord's refusal to give consent unreasonable? This article examines the common law parameters of determining unreasonableness, and finds that …
Landlord-Tenant Law-Dependency Of Lease Covenants-Covenant To Pay Rent Is Dependent Upon Landlord's Warranty Of Habitability
Fordham Urban Law Journal
Plaintiff tenant entered into possession of an apartment with was no written lease and the rent was fixed monthly under the condition that the landlord would make certain repairs to render the premises ‘livable’. The landlord never did and tenant terminated rent payments. The landlord instituted a summary dispossess action against Berzito for nonpayment and the state district court held that the landlord was in violation of his express warranty of habitability and reduced the tenants rent but tenant still did not pay. The trial court ruled in the tenant's favor and rejected the landord's contention that by remaining in …