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Articles 1 - 30 of 74
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.
Wisconsin's 2011 Act 108, Legislative Inaction, And Severe Racial Disparity: A Recipe For A Fair Housing Violation, Taylor N. Haefele
Wisconsin's 2011 Act 108, Legislative Inaction, And Severe Racial Disparity: A Recipe For A Fair Housing Violation, Taylor N. Haefele
Marquette Benefits and Social Welfare Law Review
When individuals are released from prison, the biggest predictor of whether they will reoffend or successfully reenter society is whether the recently released individual has access to stable housing. Unfortunately, nearly every avenue to housing requires passing a criminal background check. Recognizing this as posing a nearly insurmountable barrier to accessing stable housing upon release from prison, Seattle, Washington; Minneapolis, Minnesota; and San Francisco, California have all enacted ordinances regulating the use of background checks to help ensure access to stable housing for formerly incarcerated individuals. Madison, Wisconsin, and other Wisconsin cities had similar ordinances that regulated the use of …
Ashamed, Judged, And Unsafe: A Qualitative Study Of Tenant Justice Perceptions To Inform The Redesign Of Housing Court, Daniel W. Bernal
Ashamed, Judged, And Unsafe: A Qualitative Study Of Tenant Justice Perceptions To Inform The Redesign Of Housing Court, Daniel W. Bernal
New Mexico Law Review
Scholars have long suspected that tenants were skeptical of housing court, but prior studies—relying principally on surveys— have not borne that out. This qualitative empirical study draws from in-depth interviews and finds, in contrast to these previous studies, that tenants find the housing court process anything but fair, and describe a startling disconnect between their reasons for court attendance and their experiences of the hearings. Such negative justice perceptions may affect participation in housing court, compliance with judgments, and overall confidence in the judicial process. This Article suggests several legal and policy reforms to better align the housing court experience …
Changing The Rule That Changes Nothing: Protecting Evicted Tenants By Amending Cleveland Housing Court Rule 6.13, James J. Scherer
Changing The Rule That Changes Nothing: Protecting Evicted Tenants By Amending Cleveland Housing Court Rule 6.13, James J. Scherer
Cleveland State Law Review
Renting is on the rise, with all households seeing an increase in the prevalence of renting a home versus owning one from 2006 to 2016. As rental rates rise, so too do the rates of eviction. The detrimental effects of eviction are numerous and can be self-reinforcing, with a single eviction decreasing one’s chances of securing decent and affordable housing, escaping disadvantaged neighborhoods, and benefiting from affordable housing programs. All this was before the coronavirus pandemic that devastated jobs and savings accounts across the nation.
One of the biggest impacts that eviction has on renters is a public court record. …
Alleviating The Harms Of Substandard Housing To Wisconsin Tenants: Correlating Rent With Assessed Property Value, Ellen Matheson
Alleviating The Harms Of Substandard Housing To Wisconsin Tenants: Correlating Rent With Assessed Property Value, Ellen Matheson
Marquette Law Review
Like other cities across the nation, Milwaukee utilizes a mix of regulatory,
statutory, and common law tools to address the problem of substandard rental
housing. This Comment examines the efficacy of those legal tools, in the
process demonstrating that existing remedies offer insufficient protections to
tenants in need of habitable housing. This Comment then proposes a novel
legal strategy that is designed to ameliorate the problem of low-quality,
overpriced rental housing: amending Wis. Stat. § 66.1015 to permit
implementation of a “rent-value correlation rate”—giving municipalities the
option to cap monthly contract rent as a percentage of the assessed property
value. …
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 …
Hb 346 - Tenant Retaliation Protection, Joseph N. Guardino, Megan A. Kirk
Hb 346 - Tenant Retaliation Protection, Joseph N. Guardino, Megan A. Kirk
Georgia State University Law Review
The Act prohibits landlords from taking retaliatory action when tenants exercise their rights or express habitability concerns. The Act provides for several authorized tenant actions that notify and hold landlords responsible for fixable property defects. If the landlord attempts to deprive the tenant of the use or enjoyment of the premises because the tenant expressed habitability concerns, the Act finds a prima facie case of retaliation. The Act specifically protects landlord action when a tenant damages property or is delinquent in rent. The Act provides for civil penalties against landlords who have retaliated under the statute.
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.
Maryland's Medical Marijuana Law: Transactional And Ethical Perspectives For Real Estate Practitioners, Nicole M. Lacoste Folks, Lawrence F. Haislip, Matthew L. Kimball
Maryland's Medical Marijuana Law: Transactional And Ethical Perspectives For Real Estate Practitioners, Nicole M. Lacoste Folks, Lawrence F. Haislip, Matthew L. Kimball
University of Baltimore Journal of Land and Development
The congruence between Federal and state laws relating to marijuana, 2 which has existed for generations, is unraveling. In recent years a number of states have reduced or eliminated criminal penalties for the possession or use of small amounts of marijuana;3 twentythree states have established a state law exception for medical marijuana; 4 and Colorado, Washington, Alaska and Oregon now authorize the retail and personal growth, sale and possession of marijuana as a matter of state law.5 Maryland has lately joined the list of states purporting to create exceptions or safe harbors for those wishing to engage in the manufacture, …
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 …
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 …
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 …
Mi Casa Es Su Casa: The Benefits Of A Hud Mediation Program For Resolving Housing Accommodation Or Modification Disputes Between Landlords And Tenants With Disabilities, Adam Knobler
Pepperdine Law Review
After first providing a background on federal housing laws that prohibit discrimination based on disability, this article then proceeds to describe and analyze the remedies available to tenants who have experienced disability discrimination. The article concludes that, not only are such remedies as filing a complaint or pursuing litigation difficult and time-consuming, they could also damage the long-term relationship between the parties and preclude the possibility of creative remedies that satisfy the needs of both parties. The article finishes by proposing that HUD develop an agency-wide mediation program based on the model of the Equal Employment Opportunity Commission (EEOC) mediation …
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.
The Right To A Decent Home, Stephen Nathan Dorsi
The Right To A Decent Home, Stephen Nathan Dorsi
Golden Gate University Law Review
No abstract provided.
Housing Law Handbooks: Legal Self-Help For The Intended Beneficiaries, Helen Shapiro
Housing Law Handbooks: Legal Self-Help For The Intended Beneficiaries, Helen Shapiro
Golden Gate University 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.
It's The End Of The World As We Know It (And I Feel Fine): Rent Regulation In New York City And The Unanswered Questions Of Market And Society, Guy Mcpherson
Fordham Law Review
No abstract provided.
Property Landlord And Tenant: Provide For Commission Protection For Real Estate Brokers Subsequent To Any Transfer Or Conveyance Of Real Property Or A Leasehold Interest; Provide For Notices Of Commission Rights And Waiver And Release Of Commission Rights, Kathryn O'Neill Pulliam
Georgia State University Law Review
The Act makes the obligations of a landlord or tenant under a written brokerage commission agreement binding contractual obligations of such a landlord or tenant and of their respective grantees, successors, and assigns. The Act makes succeeding parties bound under such agreement after the sale, transfer, assignment, or other disposition of the subject property or leasehold interest if the conditions specified in the Act are satisfied. The Act provides for the form of notice of commission rights to be filed, as well as the place and timing of the filing. The provisions of the new Code section apply only to …
Freeing The Parties From The Law: Designing An Interest And Rights Focused Model Of Landlord/Tenant Mediation, Joel Kurtzberg, Jamie Henikoff
Freeing The Parties From The Law: Designing An Interest And Rights Focused Model Of Landlord/Tenant Mediation, Joel Kurtzberg, Jamie Henikoff
Journal of Dispute Resolution
In this article, we point out two fundamental flaws of the critique. First, the critique compares mediation to an idealized view of adjudication instead of comparing mediation to its real-life alternatives. Second, it takes a narrow view of the role of law in mediation, erroneously assuming that mediators must either ignore the law or impose it on the parties. Part I of this article spells out the critics' claim that mediation generally harms the poor and disempowered by failing to adequately incorporate formal legal protections into the process. Part II examines the critique as it is applied to the landlord-tenant …
The Price Of Landlord's "Free" Exercise Of Religion: Tenant's Rights To Discrimination-Free Housing And Privacy, Maureen E. Markey
The Price Of Landlord's "Free" Exercise Of Religion: Tenant's Rights To Discrimination-Free Housing And Privacy, Maureen E. Markey
Fordham Urban Law Journal
No precedent from the United States Supreme Court or other jurisprudence supports an individual, court-ordered free exerciseexemption for a landlord who violates the antidiscrimination laws while engaged in the business of rental housing. The fair housing laws are designed specifically to protect tenants from discrimination based on a landlord's personal biases. Although neither courts nor legislatures can dictate the morals of the marketplace, neither should they condone discriminatory acts that are clothed in the respectable shroud of the free exercise of religion. An exemption based not upon the landlord's own conduct, but on the landlord's disapproval of the presumed conduct …