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Full-Text Articles in Law
An Invisible Crisis In Plain Sight: The Emergence Of The "Eviction Economy," Its Causes, And The Possibilities For Reform In Legal Regulation And Education, David A. Dana
Michigan Law Review
Review of Evicted: Poverty and Profit in the American City by Matthew Desmond.
Do Not (Re)Enter: The Rise Of Criminal Background Tenant Screening As A Violation Of The Fair Housing Act, Rebecca Oyama
Do Not (Re)Enter: The Rise Of Criminal Background Tenant Screening As A Violation Of The Fair Housing Act, Rebecca Oyama
Michigan Journal of Race and Law
Increased landlord discrimination against housing applicants with criminal histories has made locating housing in the private market more challenging than ever for individuals with criminal records. Specifically, the increased use of widely available background information in the application process by private housing providers and high error rates in criminal record databases pose particularly difficult obstacles to securing housing. Furthermore, criminal record screening policies disproportionately affect people of color due to high incarceration rates and housing discrimination. This Note examines whether the policies and practices of private housing providers that reject applicants because of their prior criminal records have an unlawful, …
Tenants' Rights In Police Power Condemnations Under State Statutes And Procedural Due Process, Eric Wills Orts
Tenants' Rights In Police Power Condemnations Under State Statutes And Procedural Due Process, Eric Wills Orts
University of Michigan Journal of Law Reform
This Note explores the legal arguments available to tenants who want to resist arbitrary or unjustified condemnations of their buildings. Part I provides an overview of the legal and constitutional structure of the police power to condemn buildings. Part II analyzes state statutes governing the condemnation of buildings. Focusing on the statutory rights to notice and opportunity for a hearing provided to tenants, Part II concludes that a majority of states provide inadequate protection for tenants facing eviction by condemnation. Part II then proposes statutory reform, based on an approach taken by a minority of states. Part III demonstrates that …
Condominium Conversion Of Residential Rental Units: A Proposal For State Regulation And A Model Act, Bernard V, Keenan
Condominium Conversion Of Residential Rental Units: A Proposal For State Regulation And A Model Act, Bernard V, Keenan
University of Michigan Journal of Law Reform
This Article has several objectives. Part I provides a foundation for discussion by briefly outlining the relationship between the recent history of the rental housing market and those factors prompting the conversion of apartments to condominium status. With this background information, the relevance of conversion legislation is more readily grasped. Part II seeks to establish that state government is the appropriate governmental entity to formulate legislation intended to protect individuals affected by the conversion of rental units. Federal legislation has addressed this specific issue in the relatively unknown Condominium and Cooperative Conversion Protection and Abuse Relief Act of 1980. In …
Toward A New Theory Of Roman Law, David F. Pugsley
Toward A New Theory Of Roman Law, David F. Pugsley
Michigan Law Review
A Review of Landlords and Tenants in Imperial Rome by Bruce W. Frier
The Validity Of Ordinances Limiting Condominium Conversion, Michigan Law Review
The Validity Of Ordinances Limiting Condominium Conversion, Michigan Law Review
Michigan Law Review
In 1974, the New York Times ran a front-page story about the dilemma of an elderly woman who lived in a Washington, D.C., apartment building that was being converted into a condominium. On a limited budget, she faced the choice of either finding a new place to live in the tight Washington housing market or paying $2000 down and $422.50 in monthly installments for the same one-bedroom apartment she had been renting for $ 155.00 per month. The woman's situation is not unusual: a federal study estimates that owners have recently converted 60,000 rental apartment units to condominiums, and real …
Modern Legislation, Metropolitan Court, Miniscule Results: A Study Of Detroit's Landlord-Tenant Court, Marilyn Miller Mosier, Richard A. Soble
Modern Legislation, Metropolitan Court, Miniscule Results: A Study Of Detroit's Landlord-Tenant Court, Marilyn Miller Mosier, Richard A. Soble
University of Michigan Journal of Law Reform
This article is a description of a study of cases filed and tried in the Detroit, Michigan, Common Pleas Court, Landlord-Tenant Division, during 1970 and 1971. The court is in a large urban center and handles a high volume of cases, in most of which one or both parties appear without an attorney. The impetus for the study was Michigan legislation passed in 1968, which gave tenants additional defenses to summary eviction procedures. The main goal of the study was to observe the effects of the legislation on tenants who were subject to summary proceedings in Detroit. The purpose of …
Landlord And Tenant--Leases--Lease Executed In Violation Of District Of Columbia Housing Regulations Is An Illegal Contract--Brown V. Southall Realty Co., Michigan Law Review
Landlord And Tenant--Leases--Lease Executed In Violation Of District Of Columbia Housing Regulations Is An Illegal Contract--Brown V. Southall Realty Co., Michigan Law Review
Michigan Law Review
Plaintiff-landlord brought an action for possession based on nonpayment of rent in the Landlord-Tenant Branch of the District of Columbia Court of General Sessions. Although the parties stipulated at trial that the rent was 230 dollars in arrears, defendant-tenant contended that the plaintiff was not entitled to possession because the lease was an illegal contract under the District of Columbia Housing Regulations. The trial court rejected this contention and gave judgment for plaintiff. By the time her appeal to the District of Columbia Court of Appeals was heard, the tenant had vacated the premises and no longer desired to contest …
Slumlordism As A Tort--A Brief Response, Joseph L. Sax
Slumlordism As A Tort--A Brief Response, Joseph L. Sax
Michigan Law Review
Professors Blum and Dunham begin their comment by accusing us of having a new idea. We plead guilty. Our purpose was to demonstrate that accepted principles in analogous areas of law would support a slumlordism action, not to argue that tort law as presently applied would do so. Indeed, our basic intent was to underscore the myopia of existing tort law perspectives.
Slumlordism As A Tort--A Dissenting View, Walter J. Blum, Allison Dunham
Slumlordism As A Tort--A Dissenting View, Walter J. Blum, Allison Dunham
Michigan Law Review
The persistence of substandard housing in urban centers stands as a challenge to law. There is a pressing need to re-examine whether prevailing legal doctrines are adequate for dealing with the problem and to suggest new doctrines where the old are found wanting. To their great credit, Joseph L. Sax and Fred J. Hiestand in their article "Slumlordism as a Tort" face up to these tasks boldly and vigorously. They conclude that, under existing conditions, it is imprudent to rely on public authorities to enforce housing codes and it is unlikely that legislatures will place sufficient enforcement powers in private …
Rent Regulations Under The Police Power, Alan W. Boyd
Rent Regulations Under The Police Power, Alan W. Boyd
Michigan Law Review
Conditions resulting from the widespread housing shortage caused by the cessation of building during the war have given rise to legislation which must seem startling indeed to much of the legal talent surviving from a generation ago. The outstanding example is to be found in the New York laws which so far have succeeded admirably in eluding the constitutional pitfalls relied upon to nullify them. Three provisions have borne the brunt of the attack. The first prevents the recovery of an unreasonable rent in an action at law, and places the burden of showing reasonableness upon the landlord." Another suspends …