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Full-Text Articles in Law

Property Law—Beyond Repair: The Persistent Unconstitutionality Of The Failure To Vacate Statute, Colin Boyd Mar 2022

Property Law—Beyond Repair: The Persistent Unconstitutionality Of The Failure To Vacate Statute, Colin Boyd

University of Arkansas at Little Rock Law Review

No abstract provided.


Screened Out Of Housing: The Impact Of Misleading Tenant Screening Reports And The Potential For Criminal Expungement As A Model For Effectively Sealing Evictions, Katelyn Polk Apr 2020

Screened Out Of Housing: The Impact Of Misleading Tenant Screening Reports And The Potential For Criminal Expungement As A Model For Effectively Sealing Evictions, Katelyn Polk

Northwestern Journal of Law & Social Policy

Having an eviction record “blacklists” tenants from finding future housing. Even renters with mere eviction filings—not eviction orders—on their records face the harsh collateral consequences of eviction. This Note argues that eviction records should be sealed at filing and only released into the public record if a landlord prevails in court. Juvenile record expungement mechanisms in Illinois serve as a model for one way to protect people with eviction records. Recent updates to the Illinois juvenile expungement process provided for the automatic expungement of certain records and strengthened the confidentiality protections of juvenile records. Illinois protects juvenile records because it …


Contract And Property Law—Fee-Shifting Statutes And Landlord-Tenant Law—A Call For The Repeal Of The English Rule "Loser Pays" System Regarding Contract Disputes And Its Effect On Low-Income Arkansas Tenants, Stephanie Mantell Oct 2016

Contract And Property Law—Fee-Shifting Statutes And Landlord-Tenant Law—A Call For The Repeal Of The English Rule "Loser Pays" System Regarding Contract Disputes And Its Effect On Low-Income Arkansas Tenants, Stephanie Mantell

University of Arkansas at Little Rock Law Review

No abstract provided.


Comments: An Unnecessary "Solution": High-Performance Market-Rate Rental Housing, David Hornstein Jan 2014

Comments: An Unnecessary "Solution": High-Performance Market-Rate Rental Housing, David Hornstein

University of Baltimore Journal of Land and Development

On April 11, 2013, new rules and regulations regarding Baltimore City's property tax credits became effective. Similar to the payments in lieu of taxes program (PILOT), Baltimore City has enacted rules and regulations that afford property owners a major tax credit for developing and, or converting current buildings into high-performance market-rate rental housing. Baltimore City Mayor, Stephanie Rawlings- Blake, is optimistic about the tax credit, believing the credit will spur development within Baltimore City. The city believes that development projects will attract new residents to Baltimore City, as well as deter current residents from leaving the city for areas that …


Landlord And Tenant—Landlord Has Duty To Employ Reasonable Security Measures To Avoid Foreseeable Criminal Attacks On Tenants, Mildred Havard Hansen Oct 1985

Landlord And Tenant—Landlord Has Duty To Employ Reasonable Security Measures To Avoid Foreseeable Criminal Attacks On Tenants, Mildred Havard Hansen

University of Arkansas at Little Rock Law Review

No abstract provided.


Rent Stabilization: New C.A.B. Rent Overcharge Procedures, William Weisner Jan 1983

Rent Stabilization: New C.A.B. Rent Overcharge Procedures, William Weisner

Fordham Urban Law Journal

In New York City, the Conciliation and Appeals Board (CAB) is a quasi-judicial body empowered by the Rent Stabilization Law (RSL) to resolve rent overcharge complaints. By September 1982, the CAB had a backlog of 7000 rent overcharge cases. In response to the backlog, the CAB promulgated new procedures for determining the maximum legal rent when owners fail to provide sufficient rent histories to the Board. This Note examines the CAB's new procedures in light of past enforcement policies and the CAB's powers under the RSL. The Note concludes that although the procedures accomplish de facto what the CAB might …


Income Tax--Listing Abandoned Residence For Sale And Not For Rent Considered Sufficient To Convert To "Property Held For The Production Of Income"--Hulet P. Smith, Michigan Law Review Jan 1968

Income Tax--Listing Abandoned Residence For Sale And Not For Rent Considered Sufficient To Convert To "Property Held For The Production Of Income"--Hulet P. Smith, Michigan Law Review

Michigan Law Review

Since 1941, Hulet Smith and his wife had lived in a large house in Arcadia, California, where Smith had been actively engaged in a real estate loan business. In 1959, Smith decided to retire and move to Pebble Beach, a distance of about 400 miles from Arcadia. He purchased a parcel of land in Pebble Beach and built a large expensive home, with the avowed intention of making this his permanent personal residence. In 1961, after severing all business and social connections in the vicinity of their old residence, Smith and his wife moved into their new home, taking virtually …


Wife's Right To Rents From Tenancy By Entirety Sep 1967

Wife's Right To Rents From Tenancy By Entirety

Washington and Lee Law Review

No abstract provided.


Gilmore: Security Interests In Personal Property, Jerry P. Belknap Apr 1967

Gilmore: Security Interests In Personal Property, Jerry P. Belknap

Michigan Law Review

A Review of Security Interests in Personal Property 2 vols. By Grant Gilmore


Prior Lien On Rents And Profits Upheld As A Method Of Financing Repairs- In Re Dep't Of Bldgs., Michigan Law Review May 1965

Prior Lien On Rents And Profits Upheld As A Method Of Financing Repairs- In Re Dep't Of Bldgs., Michigan Law Review

Michigan Law Review

Official findings of the New York Legislature in 1962 revealed the existence in certain cities of housing conditions which, unless immediately corrected, might cause irreparable damage to buildings or endanger the life, health and safety of their occupants or the general public. To facilitate the correction of these conditions and to increase the supply of adequate, safe dwelling units, the legislature enacted the 1962 Receivership Law, which creates a procedure enabling a city to enforce its housing codes by compelling needed repairs and improvements.


Real Property - Mortgages - Liability Of Mortgagee Of Lessee's Term For Rent, Michael B. Lewiston S.Ed. Nov 1959

Real Property - Mortgages - Liability Of Mortgagee Of Lessee's Term For Rent, Michael B. Lewiston S.Ed.

Michigan Law Review

Respondent leased a building to South Texas Kitchens, Inc., for a term of five years. The lessee became indebted to petitioner and, being unable to meet this obligation, transferred its business assets and lease to petitioner as security. Petitioner was authorized to manage the business and to apply all proceeds to discharge the indebtedness, the transfer to terminate when the debt was fully paid. Petitioner went into possession of the premises and operated the business for about six months, paying the rent during that period. It then vacated the property and ceased making rental payments. Respondent sued petitioner and the …


Real Property-Landlord And Tenant-Transfer By Lessee As Sublease, Not Assignment, John S. Slavens Apr 1952

Real Property-Landlord And Tenant-Transfer By Lessee As Sublease, Not Assignment, John S. Slavens

Michigan Law Review

X leased lands to plaintiff for a term of years, with a provision that if property truces were assessed against the property in excess of a certain amount, plaintiff would pay X a certain proportion of the excess amount as additional rent. Plaintiff then transferred his remaining term to defendant "subject to the terms" of the overlying lease. In addition, the sublease provided for a right to cancel the sublease if defendant failed to restore in case of fire or in the event of taking by eminent domain. Subsequent to the sublease, the tax assessments exceeded the amount stipulated in …


Sales--Bulk Sales Act--Lessor Not Creditor As To Future Rent, W. W. A. Feb 1951

Sales--Bulk Sales Act--Lessor Not Creditor As To Future Rent, W. W. A.

West Virginia Law Review

No abstract provided.


Mortgages-Mortgagee's Rights Against Tenant Who Occupies Premises Under Subsequent Lease By Mortgagor, Charles E. Becraft S. Ed. May 1949

Mortgages-Mortgagee's Rights Against Tenant Who Occupies Premises Under Subsequent Lease By Mortgagor, Charles E. Becraft S. Ed.

Michigan Law Review

It is the purpose of this comment to discuss possible rights of the mortgagee or the purchaser at foreclosure sale, who stands in the place of the mortgagee, in dealing with a tenant of the mortgagor who holds under a lease subsequent to execution of the mortgage. Only the law of those states in which the lien theory of mortgages is in force will be considered.


Liability Of Sublessee And Assignee To Owner For Rent, J. J. Yeager Jan 1944

Liability Of Sublessee And Assignee To Owner For Rent, J. J. Yeager

Kentucky Law Journal

No abstract provided.


Taxation - Tax Delinquent Lands - The Michigan Land Board Act As A Solution To The Delinquency Problem, Rex B. Martin Mar 1941

Taxation - Tax Delinquent Lands - The Michigan Land Board Act As A Solution To The Delinquency Problem, Rex B. Martin

Michigan Law Review

Nearly all states have been faced with the increasingly difficult problem of what to do with the growing volume of tax delinquent land which has been thrown upon their hands. As a typical example of the financial aspects of this problem, Michigan in 1928 had over $25,000,000 worth of delinquent taxes on 8,757,000 acres of property. In 1932 this acreage was estimated at 15,660,000. By 1937 the unpaid taxes in some of Michigan's counties exceeded five times the assessed value of the delinquent properties. Much of the property could not be sold for the amount of taxes owed, and the …


Landlord And Tenant - Necessity For Consideration For Lease, James A. Lee Dec 1940

Landlord And Tenant - Necessity For Consideration For Lease, James A. Lee

Michigan Law Review

In an action to cancel a five-year lease, it appeared that the lessee had agreed to pay as rent an amount equal to one cent a gallon on each gallon of gasoline delivered, by it, on the leased premises. Held, that the lease was valid, as it created a bilateral contract supported by consideration on both sides, since according to the court's construction of the lease the lessee had impliedly promised to use the premises as an automobile filling and service station for the stipulated period and so would necessarily be required to deliver gasoline there. Jackson v. Pepper …


Taxation - Income Tax - Improvements Made By Lessee As Income To Lessor, Ralph E. Helper May 1939

Taxation - Income Tax - Improvements Made By Lessee As Income To Lessor, Ralph E. Helper

Michigan Law Review

The recent decision of the Supreme Court of the United States in M. E. Blatt Co. v. United States has fairly settled the conflict that has ranged for over twenty years between the Commissioner of Internal Revenue and the Board of Tax Appeals on one side, and the courts on the other. The commissioner's contention that improvements made by a lessee should be taxed as income to the lessor was denied, and by dictum the Court approved the reasoning of Judge Learned Hand in Hewitt Realty Co. v. Commissioner, wherein he said that the judicial concept of "income" did …


Landlord And Tenant-Liability Of Lessee For Breach Of Contract- Measure Of Damages Jan 1936

Landlord And Tenant-Liability Of Lessee For Breach Of Contract- Measure Of Damages

Michigan Law Review

Defendant, lessee under a contract providing for payment of rents monthly in advance, moved out before expiration of the term and gave notice of refusal to comply further with the terms of the lease. Plaintiff, lessor, elected to treat the failure to pay the installment then due as a present breach of the contract and sued for damages. Defendant claimed that the contract had become unilateral after plaintiff's performance in conveying the leasehold which would give grounds for an anticipatory breach which defendant claimed was the theory of plaintiff's action. On defendant's demurrer to the complaint, it was held that …


Quasi-Contracts -Assumpsit For Use And Occupation Against A Trespasser In Modern Cases May 1932

Quasi-Contracts -Assumpsit For Use And Occupation Against A Trespasser In Modern Cases

Michigan Law Review

Perhaps the doctrine of stare decisis is sometimes deserving of severe criticism in its application to matters of substantive law; but the unfortunate results of uncritical adherence to precedent appear most clearly in regard to rules of procedure, where the demand for certainty cannot be justified by a supposed reliance of laymen on "settled" rules. The evils are aggravated where inconvenient decisions are not undermined or their effects evaded by the lawyer's typical process of "distinguishing'' cases. A forcible illustration is the firm refusal of most courts to extend quasicontractual relief to cases of use and occupation of land by …


Landlord And Tenant-Interference With Possession Of Tenant As Basis For Suit By Landlord-Injunction Apr 1931

Landlord And Tenant-Interference With Possession Of Tenant As Basis For Suit By Landlord-Injunction

Michigan Law Review

In the recent case of Petty v. Langan the South Dakota court granted to a landlord an injunction restraining a third party who claimed the right to a lease, "from going upon the land or interfering witμ the right of plaintiff and his tenant to the possession thereof." No authority was cited by the court for the position it took, and the result is hard to square with orthodox views, but the holding appears sound on principle and desirable.


Landlord And Tenant-Liability Of Assignee For Rent Jun 1930

Landlord And Tenant-Liability Of Assignee For Rent

Indiana Law Journal

No abstract provided.


Constitutionality Of Emergency Rental Regulation, Walter F. Dodd Jan 1922

Constitutionality Of Emergency Rental Regulation, Walter F. Dodd

West Virginia Law Review

No abstract provided.