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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. …
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 …