Law Commons^™

Remediating Racism For Rent: A Landlord’S Obligation Under The Fha, Mollie Krent

Michigan Law Review

The Fair Housing Act (FHA) is an expansive and powerful piece of legislation that furthers equal housing in the United States by ferreting out discrimination in the housing market. While the power of the Act is well recognized by courts, the full contours of the FHA are still to be refined. In particular, it remains unsettled whether and when a landlord can be liable for tenant-on-tenant harassment. This Note argues, first, that the FHA does recognize liability in such a circumstance and, second, that a landlord should be subject to liability for her negligence in such a circumstance. Part I …

The Rental Crisis Will Not Be Televised: The Case For Protecting Tenants Under Consumer Protection Regimes, Eric Sirota

University of Michigan Journal of Law Reform

The Foreclosure Crisis of the 2000s has likely hurt renters more than homeowners. Incongruously, however, consumer enforcement agencies have been far more zealous in protecting mortgagors than tenants. This Article explores the under-protection of tenants as a class of consumers, particularly in a “commoditized” rental market, and examines how consumer enforcement agencies can more zealously incorporate tenant-protection into their mandates.

Much of the prior literature on the legal protections afforded tenants was published in the wake of the consumer rights revolution of the 1970s. This Article is the first to carefully reexamine, in the context of the modern rental market, …

Conflict Preemption: A Remedy For The Disparate Impact Of Crime-Free Nuisance Ordinances, Meredith Joseph

University of Michigan Journal of Law Reform

Thousands of municipalities across the country have adopted crime-free nuisance ordinances—laws that sanction landlords for their tenants’ behaviors, coercing them to evict tenants for actions as innocuous as calling 9-1-1 in an emergency. These facially neutral ordinances give wide discretion to municipal officials, leading to discriminatory enforcement of evictions. As a result, these ordinances have a devastating impact on victims of domestic violence and are used as a tool to inhibit integration in majority-white municipalities. Many plaintiffs have brought lawsuits alleging violations of the U.S. Constitution and the Fair Housing Act. However, bringing lawsuits under various anti-discrimination protections presents many …

A Home Is A Good Thing: An Argument For Changing The Eviction Process, Samuel Spaid

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.

Disrupting The Eviction Crisis With Conflict Resolution Strategies, Deborah Thompson Eisenberg, Noam Ebner

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.

Eviction Mediation: An Intentional Conversation Followed By Five More, Noam Ebner, Sharon Press

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.

Justice Served, Housing Preserved: The Ramsey County Housing Court Model, Colleen Ebinger, Elizabeth Clysdale

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.

An Intentional Conversation About Adr Interventions: Eviction, Poverty And Other Collateral Consequences, Sharon Press

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.

Minnesota Evictions: Where Do We Go From Here, Brooke Bednarczyk

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.

The High Cost Of Eviction: Struggling To Contain A Growing Social Problem, Judith Fox

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.

“Everybody Loves The Landlord”: Evictions & The Coming Prevention Revolution, Brian G. Gilmore

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.

A Framework For Effective And Strategic Eviction Prevention, Maya Brennan

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.

Not With Strong Hands, Nor With A Multitude Of People: The Statutory History Of The Eviction Procedure In Minnesota, Paul Birnberg, Samuel Spaid

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.

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.

The Landlord's Tort Liability For Injuries Caused By Defects Upon The Demised Premises , Michael K. Mckibbin

Pepperdine Law Review

No abstract provided.

Automatic Stays And Administrative Expenses: Rights And Remedies Available To Landlords And Tenants In Bankruptcy Proceedings, Judge John M. Tyson

Campbell Law Review

This Article will address the following issues: (1) the rights acquired by and the consequences of a landlord or tenant filing for bankruptcy; (2) the effect of the automatic stay; (3) lifting the automatic stay and regaining possession by a landlord; (4) rent and administrative expense payments during the pendency of bankruptcy proceedings; and (5) the assumption or rejection of the lease.

A Closer Look At Seemingly Pro-Tenant Provisions In The Residential Tenancies Act, Mary Truemner

Journal of Law and Social Policy

Explores how the following legislative changes in Ontario systemically affect the power imbalance between landlords and tenants: (1) the abolishment of the default eviction, (2) the return of orders prohibiting rent increases where the landlord has not properly maintained the rental premises, (3) the deeming of a termination date where the tenant has not provided proper notice, and (4) additions to defences to eviction applications.

"Deference" Versus "Security Of Tenure": Eviction Of Residents Of Subsidized Housing Co-Operatives At The Superior Court Of Justice For Ontario, 1992-2009, Jeff Schlemmer

Journal of Law and Social Policy

Explores the different levels of protection against arbitrary eviction for Ontario residents of subsidized government housing and those living in a housing cooperative or another type of subsidized housing. The difference comes from the evolution of the case law over the last decade, where all evictions from residential tenancies, except housing cooperatives, have been removed from the jurisdiction of courts. This is based on the theory that cooperatives function as "democracies" and residents who accept subsidized housing in a housing cooperative, voluntarily lose the legislative rights that protects all other tenants. This area of law has become unsustainable. The court …

Remembering Mrs. Murphy: A Remedies Approach To The Conflict Between Gay/Lesbian Renters And Religious Landlords, Marie Failinger

Faculty Scholarship

There have been a number of legislative, caselaw and academic attempts at trying to resolve the conflict between the non-discrimination rights of gay and lesbian couples seeking housing and the free exercise rights of religious landlords who don't believe they should rent to unmarried couples. The academic writing often tries to resolve this conflict either by minimizing the harm to one of the parties (e.g., by categorizing the landlord's harm as merely commercial, or the tenant's as merely a problem of housing availability) or denying the relative importance of one of the party's rights. Others attempt a more positivist approach, …

The West Lodge Files: Joining Clinic And Community To Overcome Tenants' Subordination, Mary Truemner, Bart Poesiat

Osgoode Hall Law Journal

Organizing with members of the community is an essential part of realizing change through legal advocacy. This article explores how organizing with tenants' associations in the Parkdale community created a foundation for success in the courtroom in what are perhaps Parkdale Community Legal Services' most famous files-The West Lodge Files. The article traces the long history of legal and other battles surrounding the West Lodge towers, beginning with a groundbreaking Supreme Court of Canada case for tenants' rights in the 1970's and ending with the tenants' 1997 attempt and courtroom battle to buy the buildings and turn them into a …

Safe At Home: Protecting Female Tenants From Violence, Lori A. Pope

Osgoode Hall Law Journal

This article deals with the tension for legal aid clinics between a policy of not representing landlords and a policy of acting for abused women rather than their alleged abusers. Many women face violence where they live, which can jeopardize their tenancies. To combat the resulting legal problems effectively, clinics may need to work indirectly or even directly for landlords. Clinics ought also to consider lobbying for changes to legislation to allow tenants to take action directly against other tenants who threaten their safety. Parkdale Community Legal Services (PCLS), which led the way for other clinics in their adoption of …

Due Process Protections For Tenants In Section 8 Assisted Housing: Prospects For A Good Cause Eviction Standard, Mary L. Heen

Law Faculty Publications

...the Section 8 program was designed to attract private participation in a program of economically mixed housing, it poses special problems and obstacles to Section 8 tenants who, in the absence of HUD action, may turn to the courts for protection from arbitrary evictions. This article seeks to examine those difficulties and explore arguments for establishment of a Section 8 due process good cause eviction standard similar to that already judicially established for conventional public housing and for the FHA subsidized housing program.

Landlord's Duty To Remove Snow And Ice

Washington and Lee Law Review

No abstract provided.

Necessity Of Complying With Rent Regulations

Indiana Law Journal

Notes and Comments: Rent Control

Landlord And Tenant-Liability Of Tenant For Rent After Condemnation Under Eminent Domain Of Entire Leased Premises For Temporary Purpose. [Illinois]

Washington and Lee Law Review

No abstract provided.

The Administration Of Rent Rationing And Price Control Legislation, Luke White, Robert Orbison, Hugh J. Baker Jr.

Indiana Law Journal

Symposium: The Administration of Rent Rationing and Price Control Legislation

Breach Of Landlord's Covenant As Defense To Action For Rent, Ralph W. Aigler

Articles

It is undoubtedly well settled that if the agreement to pay rent is dependent upon the performance by the landlord of some undertaking on his part, the failure by the landlord so to perform is a good defense to an action for the rent. It is equally well settled that if the agreements are independent such failure by the landlord is no defense. The difficulty arises in determining whether the agreements are dependent or independent. That question is one of construction, and it cannot be expected that all the cases may be satisfactorily reconciled. Two very late cases involving this …