Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Fordham Law School (8)
- University of Arkansas at Little Rock William H. Bowen School of Law (6)
- Cleveland State University (5)
- Maurer School of Law: Indiana University (2)
- New York Law School (2)
-
- Pepperdine University (2)
- Seattle University School of Law (2)
- Touro University Jacob D. Fuchsberg Law Center (2)
- University of Maryland Francis King Carey School of Law (2)
- University of Michigan Law School (2)
- Brooklyn Law School (1)
- Golden Gate University School of Law (1)
- Marquette University Law School (1)
- Northwestern Pritzker School of Law (1)
- The University of Akron (1)
- University of Richmond (1)
- Publication Year
- Publication
-
- Fordham Urban Law Journal (8)
- University of Arkansas at Little Rock Law Review (6)
- Cleveland State Law Review (5)
- Indiana Law Journal (2)
- Maryland Law Review (2)
-
- Michigan Law Review (2)
- NYLS Law Review (2)
- Seattle University Law Review (2)
- Touro Law Review (2)
- Akron Law Review (1)
- Brooklyn Law Review (1)
- Golden Gate University Law Review (1)
- Marquette Law Review (1)
- Northwestern Journal of Law & Social Policy (1)
- Pepperdine Law Review (1)
- The Journal of Business, Entrepreneurship & the Law (1)
- University of Richmond Law Review (1)
Articles 1 - 30 of 39
Full-Text Articles in Law
Covid-19 And The Rise In Commercial Real Estate Bankruptcies: The Path To Reach The Goals Of Bankruptcy Code §365(D)(3), Jefferey Kirwin
Covid-19 And The Rise In Commercial Real Estate Bankruptcies: The Path To Reach The Goals Of Bankruptcy Code §365(D)(3), Jefferey Kirwin
The Journal of Business, Entrepreneurship & the Law
This article will explore and explain the two approaches circuit courts use when § 365(d)(3) of the Bankruptcy Code is at issue and will analyze the best approach in the context of COVID-related increase in commercial tenants’ bankruptcy claims. Specifically, this article will analyze how each approach affects the parties by explaining which party is protected at the different stages, and will explain what and when a tenant must pay a landlord. This article will then describe options each party could pursue at different stages in the bankruptcy and outline how each option affects the payment to the landlord. Lastly, …
Property Law—Beyond Repair: The Persistent Unconstitutionality Of The Failure To Vacate Statute, Colin Boyd
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
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 …
David V. Goliath: How The Replacement Of A Commercial Real Estate Agent's Common Law Duty Of Undivided Loyalty With Washington State's More-Limited Statutory Obligations Advantages Landlords To The Detriment Of Commercial Tenants, Peter Smirniotopoulos, Ryan Mathisen
David V. Goliath: How The Replacement Of A Commercial Real Estate Agent's Common Law Duty Of Undivided Loyalty With Washington State's More-Limited Statutory Obligations Advantages Landlords To The Detriment Of Commercial Tenants, Peter Smirniotopoulos, Ryan Mathisen
Seattle University Law Review
As the fastest-growing urban area in the United States—and due to its emerging national influence in commercial real estate development and leasing through transformational transactions such as Amazon’s recently completed national HQ2 search—the City of Seattle and related Washington State laws addressing the use of dual agency in commercial transactions present a unique backdrop for examining the findings and recommendations from a 2014 commercial real estate conflicts of interest research study and attendant report, described below, more than four years after its publication. In November 2014, a published research study report made a number of key observations about the existence …
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.
Colder Than A Landlord's Heart? Reconciling A Debtor's Authority To Sell Property Free And Clear Of A Lease Under Bankruptcy Code Section 363(F) With The Tenant's Right To Remain In Possession On A Lease Rejection Under Bankruptcy Code Section 365(H), Bruce Grohsgal
Marquette Law Review
The question examined in this Article is a simple one—Can a tenant with a right to possession under section 365(h) of the Bankruptcy Code be ousted from possession by a free and clear sale of the real property by the debtor-landlord pursuant to section 363(f) of the Bankruptcy Code? The Seventh Circuit, the only court of appeals to have considered the issue, said “yes” in Precision Industries, Inc. v. Qualitech Steel SBQ, LLC and authorized a sale free and clear of the lease and the tenant’s right to remain in possession. Subsequent decisions from the district and bankruptcy courts are …
Varying The Variance: How New York City Can Solve Its Housing Crisis And Optimize Land Use To Serve The Public Interest, Nathan T. Boone
Varying The Variance: How New York City Can Solve Its Housing Crisis And Optimize Land Use To Serve The Public Interest, Nathan T. Boone
Brooklyn Law Review
As Millennials repopulate American cities and seek jobs in creative industries, housing affordability has risen to the forefront of urban policy battles. Major conflicts exist between homeowners, renters, municipal governments, and growing industries regarding the proper way to grapple with an influx of new capital, both financial and human. New York City is a prime example of this problem. Housing cost increases have exceeded income increases, leaving a large percentage of New Yorkers “rent burdened.” This note seeks to examine a likely cause of the present problem: zoning and variance systems that limit the ability of private land owners to …
The Landlord's Liability To His Tenants For Injuries Criminally Inflicted By Third Persons, Marvin M. Moore
The Landlord's Liability To His Tenants For Injuries Criminally Inflicted By Third Persons, Marvin M. Moore
Akron Law Review
Until approximately fifteen years ago a landlord was never held civilly liable to his tenants for injuries inflicted by the criminal acts of third persons, regardless of the deficiency of the security measures provided by the landlord.' The landlord was protected from tenant lawsuits by three factors: The historical concept of a lease, certain tort theories of a legalistic nature, and some policy concerns having significant influence upon the courts. In recent years the courts have begun holding landlords liable in some circumstances for criminally-induced injuries sustained by their tenants. The following discussion will examine the reasons for the landlord's …
The Eastside Exhibition Rule: The De Minimis Exception For Trifles And Trivialities In Partial Actual Evicition Cases In New York, Stephen L. Ukeiley
The Eastside Exhibition Rule: The De Minimis Exception For Trifles And Trivialities In Partial Actual Evicition Cases In New York, Stephen L. Ukeiley
Touro Law Review
No abstract provided.
Then And Now: The Uniform Residential Landlord And Tenant Act And The Revised Residential Landlord And Tenant Act - Still Bold And Relevant?, Lawrence R. Mcdonough
Then And Now: The Uniform Residential Landlord And Tenant Act And The Revised Residential Landlord And Tenant Act - Still Bold And Relevant?, Lawrence R. Mcdonough
University of Arkansas at Little Rock Law Review
No abstract provided.
Introduction: A Question Of Balance: 40 Years Of The Uniform Residential Landlord And Tenant Act And Tenants’ Rights In Arkansas, Lynn Foster
University of Arkansas at Little Rock Law Review
No abstract provided.
Report To Governor Mike Beebe, President Pro Tempore Of The Senate, And Speaker Of The House, Non-Legislative Commission On The Study Of Landlord-Tenant Laws
Report To Governor Mike Beebe, President Pro Tempore Of The Senate, And Speaker Of The House, Non-Legislative Commission On The Study Of Landlord-Tenant Laws
University of Arkansas at Little Rock Law Review
No abstract provided.
Kendall V. Ernest Pestana, Inc.: Landlords May Not Unreasonably Withhold Consent To Commercial Lease Assignments, Byron R. Lane
Kendall V. Ernest Pestana, Inc.: Landlords May Not Unreasonably Withhold Consent To Commercial Lease Assignments, Byron R. Lane
Pepperdine Law Review
No abstract provided.
Toa Construction Co., Inc. V. Tsitsires, Jessica Tong
Toa Construction Co., Inc. V. Tsitsires, Jessica Tong
NYLS Law Review
No abstract provided.
Real Estate Law, Richard W. Gregory, Lindsey Dobbs Chase
Real Estate Law, Richard W. Gregory, Lindsey Dobbs Chase
University of Richmond Law Review
No abstract provided.
First Hudson Capital, Llc V. Seaborn, Kristopher Ferranti
First Hudson Capital, Llc V. Seaborn, Kristopher Ferranti
NYLS Law Review
No abstract provided.
Eviction Free Zones: The Economics Of Legal Bricolage In The Fight Against Displacement, Lawrence K. Kolodney
Eviction Free Zones: The Economics Of Legal Bricolage In The Fight Against Displacement, Lawrence K. Kolodney
Fordham Urban Law Journal
Gentrification, the influx of high-income dwellers into low-income neighborhoods, has in the past decade become a serious cause of concern to low-income tenants in older American cities. Although gentrification has had some positive effects, one important negative effect has been the displacement of existing neighborhood residents. Various schemes have been suggested to combat displacement caused by gentrification. One strategy entails seeking legislative relief in the form of rent control and condominium-conversion laws to directly curb the influx of high-income residents; another makes use of rent vouchers and public housing to ameliorate the effects of displacement. This Article analyzes an alternative …
Eviction Free Zones: The Economics Of Legal Bricolage In The Fight Against Displacement, Lawrence K. Kolodney
Eviction Free Zones: The Economics Of Legal Bricolage In The Fight Against Displacement, Lawrence K. Kolodney
Fordham Urban Law Journal
Gentrification, the influx of high-income dwellers into low-income neighborhoods, has in the past decade become a serious cause of concern to low-income tenants in older American cities. Although gentrification has had some positive effects, one important negative effect has been the displacement of existing neighborhood residents. Various schemes have been suggested to combat displacement caused by gentrification. One strategy entails seeking legislative relief in the form of rent control and condominium-conversion laws to directly curb the influx of high-income residents; another makes use of rent vouchers and public housing to ameliorate the effects of displacement. This Article analyzes an alternative …
"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 …
Clearing The Air On Radon Testing: The Duty Of Real Estate Brokers To Protect Prospective Homebuyers, Sheldon Winicour
Clearing The Air On Radon Testing: The Duty Of Real Estate Brokers To Protect Prospective Homebuyers, Sheldon Winicour
Fordham Urban Law Journal
This Note recommends that the federal government create legislation that will impose a duty on real estate brokers to test homes for radon and to disclose the results to prospective purchasers. Based on a common law negligence theory, such a duty would become part of the current obligation of a real estate broker: (1) to conduct a reasonably diligent and competent search of property for sale; and (2) to disclose to prospective homebuyers all material defects affecting the value or desirability of the home. In his investigation, the broker must use the expertise and knowledge that derive from his training …
Landlord-Tenant—Forcible Entry And Detainer - Statutory Prohibition Of Landlord Self-Help Remedies, Reneé Sims Dale
Landlord-Tenant—Forcible Entry And Detainer - Statutory Prohibition Of Landlord Self-Help Remedies, Reneé Sims Dale
University of Arkansas at Little Rock Law Review
No abstract provided.
The Residential Tenant's Right To Freedom Of Political Expression, James E. Lobsenz, Timothy M. Swanson
The Residential Tenant's Right To Freedom Of Political Expression, James E. Lobsenz, Timothy M. Swanson
Seattle University Law Review
This Article outlines the arguments to be made on behalf of residential tenants who display political signs and who encounter threats of eviction, rent increases, and other forms of landlord opposition. In Section II, the Article describes the development of the general principles of constitutional law applicable to disputes between property owners and tenants who wish to use the property owners’ premises as a forum for the expression of the tenants’ ideas and beliefs. Tracing the history of the United States Supreme Court rulings in this area, the authors analyze the waxing and waning of first amendment speech rights, the …
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 …
Maintenance And Repairs Of Cooperative Apartments: Rights And Remedies Of Tenant-Shareholders, Damon R. Maher
Maintenance And Repairs Of Cooperative Apartments: Rights And Remedies Of Tenant-Shareholders, Damon R. Maher
Fordham Urban Law Journal
This comment examines the duties landlords have to maintain a habitable dwelling for tenants. It also recounts the various remedies tenants have when their landlord fails to meet its duties regarding habitability. The comment then goes on analyze whether or not these remedies are available to leaseholders of a cooperative apartment against the cooperative corporation that owns the apartment. In cases when those remedies are not available, this comment will recount what remedies are available.
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 …
Covenant Of Habitability And The Ohio Landlord-Tenant Legislation, Barbara Hall Nahra
Covenant Of Habitability And The Ohio Landlord-Tenant Legislation, Barbara Hall Nahra
Cleveland State Law Review
With one exception noted later, Ohio courts have been loathe to accept the fact that enforcement of housing codes has been singularly ineffective on a large scale. Without an implied covenant of habit- ability in rental agreements, the indigent tenant today, living in squalid conditions and often lacking a viable alternative, has no effective means of bettering his condition. To remedy this problem, the Ohio legislature, on July 23, 1974, passed Amended Substitute Senate Bill Number 1032 defining the respective rights and obligations of landlords and tenants by holding the lessor of residential property to an implied covenant of habitability …
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 …
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 …