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Full-Text Articles in Law
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 …
Federal Preemption Of Rent Regulation Under Firrea, Eric William Hess
Federal Preemption Of Rent Regulation Under Firrea, Eric William Hess
Fordham Urban Law Journal
After hundreds of savings and loan institutions became insolvent in the 1980s, Congress enacted the Federal Institutions Reform, Recovery, and Enforcement Act, which was designed to provide affordable mortgage financing to low and moderate income individuals, and to dispose of the assets of the failed savings and loan institutions. Among the powers granted by FIRREA to the FDIC was the ability to disaffirm or repudiate leases held by insolvent institutions if those leases are deemed burdensome. In "Resolution Trust Corp. v. Diamond," the United States District Court wrongly held that FIRREA cannot be construed to allow Federal preemption of State …
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 …
Nonsolicitation And Cease And Desist Orders Against Real Estate Brokers In New York, Aba Heiman
Nonsolicitation And Cease And Desist Orders Against Real Estate Brokers In New York, Aba Heiman
Fordham Urban Law Journal
This Article will trace the origin, growth and enforcement of nonsolicitation and cease and desist orders. Part II outlines the federal framework for dealing with discriminatory practices by real estate brokers. Section A focuses on "steering" the target of cease and desist orders-and illustrates the dilemma of both the victims and the brokers. Section B details blockbusting-the target of nonsolicitation orders. In discussing its genesis, financial operation, and sociological implications, this section also considers whether solicitation by brokers constitutes "commercial speech" protected by the first amendment. Section C briefly explores the effectiveness of section 1982 of the Civil Rights Act …
Converting Nonpayment To Holdover Summary Proceedings: The New York Experience With Conditional Limitations Based Upon Nonpayment Of Rent, Stephen Ross
Fordham Urban Law Journal
This Article examines the development in New York law of both the landlord's right to terminate a lease for a tenant default and the tenant's right to preserve his tenancy by curing a rent default. It finds that, despite some cases to the contrary, case law in New York favors the landlord's reserved right to terminate over the tenant's historic right to cure, at least as to commercial tenancies." It concludes that, in both residential and commercial tenancies, landlords should not have this termination right' and that the legislature should enact appropriate legislation to achieve that objective. Part II of …
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 …
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 …
Landlord-Tenant - Repairs - Landlord Could Be Liable Under Covenant To Repair For Injuries To Tenant's Invitees Caused By Breach Of Such Agreement, Valentine J. Moretti
Landlord-Tenant - Repairs - Landlord Could Be Liable Under Covenant To Repair For Injuries To Tenant's Invitees Caused By Breach Of Such Agreement, Valentine J. Moretti
Fordham Urban Law Journal
Can a landlord be held liable under a covenant to repair for injuries to his tenant's invitees caused by the landlord's failure to repair? The new rule in New York answers yes. This case note examines the new rule in New York as held in the New York Court of Appeals' decision in Putnam v. Stout, 38 N.Y.2d 607 (1976). The Putnam decision indicates that once a landlord covenants to keep the premises in a safe condition and has received notice of the need for repairs, the landlord will be liable in tort for his breach of the covenant to …
New Judicial Approaches To Maintaining Housing Quality In The Cities, Eugenia K. Manning
New Judicial Approaches To Maintaining Housing Quality In The Cities, Eugenia K. Manning
Fordham Urban Law Journal
Virtually every member of the urban community is a party to a landlord-tenant relationship. As the general tenor of urban life in America changes, so must the laws which govern the urban dweller. For years the doctrine of caveat emptor prevented the tenant from forcing the landlord to make necessary repairs or to retain the leased premises in a habitable condition. The doctrine of constructive eviction afforded him little relief; and housing and sanitation codes, while achieving a measure of success, were generally ineffective. Only when conditions because unbearable did the law protect him. Increasingly, however, the trend has been …
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 …
Tenant Remedies For A Denial Of Essential Services And For Harassment -The New York Approach
Tenant Remedies For A Denial Of Essential Services And For Harassment -The New York Approach
Fordham Urban Law Journal
The New York Legislature has enacted a series of statutory remedies intended to afford tenants protection when a landlord fails to provide adequate services. The Legislature has been faced, however, with the problem of finding a proper balance between the property rights of the landlord and the human rights of the tenant. As a result, each of these remedies has severe shortcomings which render its operation difficult and at times virtually impossible.