Law Commons^™

The Implied Warranty Of Habitability Doctrine In Residential Property Conveyances: Policy-Backed Change Proposals, Joseph C. Brown Jr.

Washington Law Review

Washington's implied warranty of habitability doctrine is a creature of public policy. Its application is appropriately defined and limited by policy concerns. In conceivable cases, however, limits on the doctrine's application would yield results inconsistent with its public policy bases. Although created to protect a specific class of residence purchasers, in Washington the doctrine arbitrarily excludes from its coverage some potential members of that class. Because of these and other problems, the doctrine needs restructuring. This Comment explores the doctrine's public policy roots, analyzes potential new elements and the doctrine's existing elements in light of policy concerns, and suggests changes …

North Carolina's Retreat From Fair Housing: A Critical Examination Of North Carolina Human Relations Council V. Weaver Realty Co., John O. Calmore

North Carolina Central Law Review

No abstract provided.

Affordable Housing For The 1990'S, Harold A. Mcdougall

University of Michigan Journal of Law Reform

This Article examines the history of national housing policy and the factors that will influence its future. Part I discusses the role of capital costs in influencing housing policy. Part II summarizes the changes that have occurred in housing policy in the last fifty years. Part III studies how local- and state-level institutions have reacted to these changes. Finally, Part IV predicts the future of national housing policy, focusing particularly on local efforts.

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 …

Judicial Approaches To Urban Housing Problems - A Study Of The Cleveland Housing Court, W. Dennis Keating

All Maxine Goodman Levin School of Urban Affairs Publications

This article reviews the role and impact of urban housing courts. It analyzes the findings of a detailed empirical study of Cleveland's housing court, which began operations in April 1980, and discusses the relationship of this court to code enforcement and resolution of landlord-tenant disputes. The court's role in innovative remedies, especially the appointment of receivers for abandoned housing, is also discussed and reforms are suggested. The article concludes with an overall assessment of the potential of housing courts to deal effectively with urban housing issues.

The History Behind Hansberry V. Lee, 20 U.C. Davis L. Rev. 481 (1987), Allen R. Kamp

UIC Law Open Access Faculty Scholarship

This Article provides the factual background to Hansberry v. Lee, the famous class action case. During the early 1900's, Chicago's black population was kept effectively segregated, primarily through the use of racially restrictive covenants. However, in the 1930's, this system began to break down. The growth of the black population caused an increased demand for black housing, while the Depression reduced the market for white housing. It was at this time that Carl Hansberry bought a house that was covered by a restrictive covenant, generating a lawsuit to have the covenant enforced and the Hansberrys evicted.

Tracing the lawsuit as …

Unconscionability - Real Property Lawyers Confront A New Problem, 21 J. Marshall L. Rev. 1 (1987), Robert Kratovil

UIC Law Review

No abstract provided.

Casenotes: Landlord — Tenant — Tenant Has A Claim Against Landlord For Breach Of Quiet Enjoyment Leading To Constructive Eviction When Landlord Fails To Enforce A Provision In Another Tenant's Lease That Bars Excessive Noise. Bocchini V. Gorn Management Co., 69 Md. App. 1, 515 A.2d 1179 (1986), Susan Schuppner Sands

University of Baltimore Law Review

No abstract provided.

Can Public Housing Tenants, Alleging Civil Rights Violations, Enforce Federal Housing Law?, Douglas Bowman, Neal Devins

Faculty Publications

No abstract provided.

Rent Control Price Fixing: Another Look At The Emperor's New Clothes, Robert N. Markle

Touro Law Review

No abstract provided.

An Overview Of Fair Housing, Kenneth J. Kowalski

Law Faculty Articles and Essays

The purpose of this article is to give an overview of federal fair housing laws and their impact on the real estate industry. This article limits its review to three principle federal statutes affecting equal-housing opportunities: Title VIII of the Civil Rights Act of 1968, 42 U.S.C. §3601 et seq. (hereinafter cited as the "Act" or "Title VIII") and the 1866 and 1870 Civil Rights Act, 42 U.S.C. §§1981, 1982 (respectively "section 1981" and "section 1982"). A review of the substantive provisions of the statutes, methods of enforcement, and judicial interpretations are included. The article also discusses specific evidentiary issues, …

Book Review, Progressive Cities And The Tenants Movement, W Dennis Keating

Law Faculty Articles and Essays

Reviewing The Progressive City, Pierre Clavel, Planning and Participation, 1969-1984, Rutgers University Press, 1986.

Landlord Self-Regulation: New York City's Rent Stabilization System, 1969-1985, W Dennis Keating

Law Faculty Articles and Essays

This article argues that New York City's self-regulation system failed. Its ultimate demise is attributable to several factors: the attempted insulation of decision making from public influence; the attempted exclusion of tenants from the decision-making structure; landlord domination of regulatory bodies and policies; widespread patterns of landlord violations of the rent destabilization code; the failure of regulatory bodies to adequately enforce available sanctions for code violations; and the emergence of countervailing tenant opposition, the subsequent politicization of critical issues and decisions and the eventual deligitimation of the system's structure.

Bargaining In The Shadow Of Eminent Domain: Valuing And Apportioning Condemnation Awards Between Landlord And Tenant, Victor P. Goldberg, Thomas W. Merrill, Daniel Unumb

Faculty Scholarship

Who has a constitutionally protected "property" interest when the government condemns land subject to a lease? Is it the landlord? The tenant? Or do both parties have property rights that entitle them to compensation? Further, how should the size of the total condemnation award be determined? Should we value the property rights of the landlord and the tenant separately and sum? Or should we value the entire parcel as if it were an undivided fee simple and apportion the award between the landlord and the tenant? If the condemnation award is based on the value of a fee simple and …

The Necessity For Shelter: States Must Prohibit Discrimination Against Children In Housing, Gretchen Walsh

Fordham Urban Law Journal

This note surveys the different paths courts and legislatures have taken in their attempts to end housing discrimination against children, and concludes that the most feasible and appropriate solution to the problem is a more effective form of state legislation. Part II discusses the likelihood of success and the issues surrounding a claim based upon a denial of fourteenth amendment rights. Part III centers on the possibility of using the Fair Housing Act for a private cause of action and the problems with the proposed bill to amend the Act. Part IV examines the state statutes that attempt to ban …

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 …