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Articles 1 - 12 of 12
Full-Text Articles in Housing 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, …
Corporate Consolidation Of Rental Housing & The Case For National Rent Stabilization, Brandon Weiss
Corporate Consolidation Of Rental Housing & The Case For National Rent Stabilization, Brandon Weiss
Articles in Law Reviews & Other Academic Journals
Rental housing in the United States is increasingly owned by corporate landlords that operate under a different set of incentives, behind a level of anonymity previously unavailable, and pursuant to practices that often exacerbate an already precarious housing landscape for tenants. Marketsensitive and nuanced rent stabilization laws have reemerged at the state and local level as a viable policy option to help regulate escalating rents and prevent tenant displacement. These laws, when well drafted, can address outdated critiques of strict rent caps and can complement alternative approaches, like those of the politically popular Yes In My Backyard (YIMBY) movement, which …
Examination Of Eviction Filings In Lancaster County, Nebraska, 2019–2021, Ryan Sullivan
Examination Of Eviction Filings In Lancaster County, Nebraska, 2019–2021, Ryan Sullivan
Nebraska College of Law: Faculty Publications
The study examined and analyzed eviction filings and proceedings in Nebraska, with a specific focus on Lancaster County—the home to the State’s capital, Lincoln. The primary objective of this study is to place eviction proceedings under a microscope to gain a better understanding of the volume of evictions in Nebraska, and whether the statutorily mandated processes are being followed. The study also attempts to capture the impact of certain external factors present during the period examined. Such factors include the COVID-19 pandemic and various eviction moratoria in place during 2020 and 2021, as well as the increased availability of legal …
Survey Of State Laws Governing Fees Associated With Late Payment Of Rent, Ryan Sullivan
Survey Of State Laws Governing Fees Associated With Late Payment Of Rent, Ryan Sullivan
Nebraska College of Law: Faculty Publications
The Survey contains both a cumulative and detailed account of the laws of each state governing late fees and penalties associated with late payment of rent involving residential tenancies. States that impose late fee maximums vary greatly on the amount and form of the limitation—some limit the late fee to a certain percentage of the rental amount, a few states impose a dollar amount maximum, and several states impose both. Some states, rather than limiting the late fee to a certain amount, only require that the late fee be “reasonable.” Additionally, a handful of states mandate that late fees can …
Survey Of State Laws Governing Continuances And Stays In Eviction Proceedings, Ryan Sullivan
Survey Of State Laws Governing Continuances And Stays In Eviction Proceedings, Ryan Sullivan
Nebraska College of Law: Faculty Publications
The Survey contains both a cumulative and detailed account of the laws and rules of each state governing continuances, adjournments, and stays in residential eviction proceedings. The Survey compares the laws of each state on several aspects, including the standard for obtaining a continuance, the allowable length of the continuance, whether a bond must be paid, and any other restriction or limitation placed on the party seeking to continue an eviction proceeding. The Survey also includes a listing of state statutes that provide a residential tenant a right to redeem the property upon payment of rent prior to the execution …
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 …
Commercial-Property Leases As A Means For Private Environmental Governance, Darren A. Prum
Commercial-Property Leases As A Means For Private Environmental Governance, Darren A. Prum
Georgia State University Law Review
Commercial-property leases as a means for private environmental governance routinely get overlooked despite their noticeable presence. The applicable theoretical models used in environmental law and the standards that typically measure legal activity fail to detect the commercial-property lease as a regulatory action as well. Moreover, the public and positive law and policy approach of the past that heavily relied on administrative authority now follows more of a private law and governance approach. The private law and governance approach responds to the marketplace where standards are set, enforcement occurs, and dispute resolution takes place between parties involved in the transaction outside …
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.
Toa Construction Co., Inc. V. Tsitsires, Jessica Tong
Toa Construction Co., Inc. V. Tsitsires, Jessica Tong
NYLS 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.
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 …
Real Property - Landlord And Tenant - Need For Lessee Who Transfers Whole Term To Base Right Of Re-Entry On Condition Of "Substantial Advantage" To Him, John A. Beach S.Ed.
Real Property - Landlord And Tenant - Need For Lessee Who Transfers Whole Term To Base Right Of Re-Entry On Condition Of "Substantial Advantage" To Him, John A. Beach S.Ed.
Michigan Law Review
Plaintiff lessee transferred his interest in the first floor and basement of certain commercial premises for the full remaining period of his own lease, retaining his interest in the second floor, where he lived. This transfer was in form a sublease, under which plaintiff as sublessor reserved power to cancel the sublease and take possession without notice if the premises were used for any purpose other than an off-sale liquor store. Plaintiff's transferee later assigned all his interest to defendant corporation, which immediately began converting the premises into an ice cream store. After defendant had spent over $10,000 in remodeling, …