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Full-Text Articles in Law
New Judicial Approaches To Maintaining Housing Quality In The Cities, Eugenia K. Manning
New Judicial Approaches To Maintaining Housing Quality In The Cities, Eugenia K. Manning
Fordham Urban Law Journal
Virtually every member of the urban community is a party to a landlord-tenant relationship. As the general tenor of urban life in America changes, so must the laws which govern the urban dweller. For years the doctrine of caveat emptor prevented the tenant from forcing the landlord to make necessary repairs or to retain the leased premises in a habitable condition. The doctrine of constructive eviction afforded him little relief; and housing and sanitation codes, while achieving a measure of success, were generally ineffective. Only when conditions because unbearable did the law protect him. Increasingly, however, the trend has been …
Landlord-Tenant - Repairs - Landlord Could Be Liable Under Covenant To Repair For Injuries To Tenant's Invitees Caused By Breach Of Such Agreement, Valentine J. Moretti
Landlord-Tenant - Repairs - Landlord Could Be Liable Under Covenant To Repair For Injuries To Tenant's Invitees Caused By Breach Of Such Agreement, Valentine J. Moretti
Fordham Urban Law Journal
Can a landlord be held liable under a covenant to repair for injuries to his tenant's invitees caused by the landlord's failure to repair? The new rule in New York answers yes. This case note examines the new rule in New York as held in the New York Court of Appeals' decision in Putnam v. Stout, 38 N.Y.2d 607 (1976). The Putnam decision indicates that once a landlord covenants to keep the premises in a safe condition and has received notice of the need for repairs, the landlord will be liable in tort for his breach of the covenant to …
Landlord Control Of Tenant Behavior: An Instance Of Private Environmental Legislation, John A. Humbach
Landlord Control Of Tenant Behavior: An Instance Of Private Environmental Legislation, John A. Humbach
Elisabeth Haub School of Law Faculty Publications
The present Article suggests that the problem of incompatible neighboring tenants can be most efficiently and "justly" dealt with by permitting a substantial degree of landlord control over tenant behavior-with the removal of offending tenants, at the landlord's instance, being the most effective sanction of ultimate recourse in the effectuation of such control. For some courts, ceding this power of control to landlords would require a measure of constraint which they may find uncustomary or even distasteful. As institutions charged with doing justice, the courts' instinct to intervene in the norm-creating process is undoubtedly great, even when the parties before …
Landlord Control Of Tenant Behavior: An Instance Of Private Environmental Legislation , John A. Humbach
Landlord Control Of Tenant Behavior: An Instance Of Private Environmental Legislation , John A. Humbach
Fordham Law Review
No abstract provided.