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Full-Text Articles in 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 May 2023

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 Jan 2023

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 These laws, when well drafted, can address outdated critiques of strict rent caps and can complement alternative approaches, like those of the politically popular Yes In My Backyard (YIMBY) movement, which …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 May 2022

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 …


Wisconsin's 2011 Act 108, Legislative Inaction, And Severe Racial Disparity: A Recipe For A Fair Housing Violation, Taylor N. Haefele Mar 2022

Wisconsin's 2011 Act 108, Legislative Inaction, And Severe Racial Disparity: A Recipe For A Fair Housing Violation, Taylor N. Haefele

Marquette Benefits and Social Welfare Law Review

When individuals are released from prison, the biggest predictor of whether they will reoffend or successfully reenter society is whether the recently released individual has access to stable housing. Unfortunately, nearly every avenue to housing requires passing a criminal background check. Recognizing this as posing a nearly insurmountable barrier to accessing stable housing upon release from prison, Seattle, Washington; Minneapolis, Minnesota; and San Francisco, California have all enacted ordinances regulating the use of background checks to help ensure access to stable housing for formerly incarcerated individuals. Madison, Wisconsin, and other Wisconsin cities had similar ordinances that regulated the use of …


Property Law—Beyond Repair: The Persistent Unconstitutionality Of The Failure To Vacate Statute, Colin Boyd Mar 2022

Property Law—Beyond Repair: The Persistent Unconstitutionality Of The Failure To Vacate Statute, Colin Boyd

University of Arkansas at Little Rock Law Review

No abstract provided.


Ashamed, Judged, And Unsafe: A Qualitative Study Of Tenant Justice Perceptions To Inform The Redesign Of Housing Court, Daniel W. Bernal Mar 2022

Ashamed, Judged, And Unsafe: A Qualitative Study Of Tenant Justice Perceptions To Inform The Redesign Of Housing Court, Daniel W. Bernal

New Mexico Law Review

Scholars have long suspected that tenants were skeptical of housing court, but prior studies—relying principally on surveys— have not borne that out. This qualitative empirical study draws from in-depth interviews and finds, in contrast to these previous studies, that tenants find the housing court process anything but fair, and describe a startling disconnect between their reasons for court attendance and their experiences of the hearings. Such negative justice perceptions may affect participation in housing court, compliance with judgments, and overall confidence in the judicial process. This Article suggests several legal and policy reforms to better align the housing court experience …


Survey Of State Laws Governing Fees Associated With Late Payment Of Rent, Ryan Sullivan Jan 2022

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 …


Constructing The Landlord Identity: An Analysis Of Kingston's Eviction Crisis, Elsa G. Ackerman Jan 2022

Constructing The Landlord Identity: An Analysis Of Kingston's Eviction Crisis, Elsa G. Ackerman

Senior Projects Spring 2022

Senior Project submitted to The Division of Social Studies of Bard College.


Going, Going, Gone: Takings Clause Challenges To The Cdc’S Eviction Moratorium, Meredith Bradshaw Dec 2021

Going, Going, Gone: Takings Clause Challenges To The Cdc’S Eviction Moratorium, Meredith Bradshaw

Georgia Law Review

In September 2020, in response to the COVID-19 pandemic, the Centers for Disease Control and Prevention (CDC) and the Department of Health and Human Services issued a residential eviction moratorium to prevent the further spread of COVID- 19. One year later, the U.S. Supreme Court terminated the moratorium. During the year that the moratorium was in effect, landlords across the country filed lawsuits against the CDC because they were unable to evict tenants who did not satisfy their rental obligations. Because the moratorium allowed tenants to remain on the property without paying rent, some landlords argued that the regulation effected …


Survey Of State Laws Governing Continuances And Stays In Eviction Proceedings, Ryan Sullivan Nov 2021

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 …


Direct Lawsuit Against The Subtenant - الدعوى المباشرة للمؤجر الأصلي ضد المستأجر من الباطن, Dr. Mohammed Bendari Apr 2021

Direct Lawsuit Against The Subtenant - الدعوى المباشرة للمؤجر الأصلي ضد المستأجر من الباطن, Dr. Mohammed Bendari

UAEU Law Journal

Direct lawsuit filed from the Landlord (Original renter) against the subtenant contains a departure from the general rules of civil law on both the principle of equality before the law of ordinary creditors about their general liability and the principle of the ratio of contract consequences. This departure is justified on the basis of justice since direct lawsuit is an easy way for the renter to get the rent dues.

Scholars had various disputes and point of views on the nature of this lawsuit due to their desire to relate it to one of the known legal systems under civil …


The High Cost Of Eviction: Struggling To Contain A Growing Social Problem, Judith Fox Jan 2021

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

Journal Articles

Matthew Desmond’s Pulitzer Prize winning book, focused public attention on the issue of eviction. As a result, scholars have begun to investigate and challenge some of the assumptions made in the book. Primarily, is eviction the cause of poverty or one of its consequences? This article explores several options in an attempt to explain the high number of evictions in America. These include, among others, the lack of affordable housing, failed governmental policies, the rise of institutional landlords and the role of courts. The article highlights some interventions that have begun to show progress in easing the burden of eviction. …


A Tribute To Professor Catherine Mahern, Lawrence Raful Jan 2021

A Tribute To Professor Catherine Mahern, Lawrence Raful

Scholarly Works

No abstract provided.


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 Apr 2020

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 …


Hb 346 - Tenant Retaliation Protection, Joseph N. Guardino, Megan A. Kirk Dec 2019

Hb 346 - Tenant Retaliation Protection, Joseph N. Guardino, Megan A. Kirk

Georgia State University Law Review

The Act prohibits landlords from taking retaliatory action when tenants exercise their rights or express habitability concerns. The Act provides for several authorized tenant actions that notify and hold landlords responsible for fixable property defects. If the landlord attempts to deprive the tenant of the use or enjoyment of the premises because the tenant expressed habitability concerns, the Act finds a prima facie case of retaliation. The Act specifically protects landlord action when a tenant damages property or is delinquent in rent. The Act provides for civil penalties against landlords who have retaliated under the statute.


David V. Goliath: How The Replacement Of A Commercial Real Estate Agent's Common Law Duty Of Undivided Loyalty With Washington State's More-Limited Statutory Obligations Advantages Landlords To The Detriment Of Commercial Tenants, Peter Smirniotopoulos, Ryan Mathisen Sep 2019

David V. Goliath: How The Replacement Of A Commercial Real Estate Agent's Common Law Duty Of Undivided Loyalty With Washington State's More-Limited Statutory Obligations Advantages Landlords To The Detriment Of Commercial Tenants, Peter Smirniotopoulos, Ryan Mathisen

Seattle University Law Review

As the fastest-growing urban area in the United States—and due to its emerging national influence in commercial real estate development and leasing through transformational transactions such as Amazon’s recently completed national HQ2 search—the City of Seattle and related Washington State laws addressing the use of dual agency in commercial transactions present a unique backdrop for examining the findings and recommendations from a 2014 commercial real estate conflicts of interest research study and attendant report, described below, more than four years after its publication. In November 2014, a published research study report made a number of key observations about the existence …


Commercial-Property Leases As A Means For Private Environmental Governance, Darren A. Prum Apr 2019

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 …


Title Vii And The Fair Housing Act: The Seventh Circuit Creates A New Cause Of Action, Maysa Daoud Oct 2018

Title Vii And The Fair Housing Act: The Seventh Circuit Creates A New Cause Of Action, Maysa Daoud

SLU Law Journal Online

This article by Maysa Daoud discusses a newly devised test under which the Seventh Circuit assigned liability to a landlord for tenant on tenant sex-based harassment.


Master File, Masterpiece Cakeshop, Ltd. V. Colo. Civil Rights Comm., __ U.S. __ (2017): Legislative History Of Sb08-200, Matt Simonsen Sep 2017

Master File, Masterpiece Cakeshop, Ltd. V. Colo. Civil Rights Comm., __ U.S. __ (2017): Legislative History Of Sb08-200, Matt Simonsen

Research Data

This Master File of the legislative history of a 2008 amendment to the Colorado Anti-Discrimination Act (CADA) was researched and compiled by Matt Simonsen, J.D. Candidate 2019, University of Colorado Law School, and submitted to law professors Craig Konnoth and Melissa Hart. The SB08-200 Master File is cited in Brief of Amici Curiae Colorado Organizations and Individuals in Support of Respondents, Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission, __U.S.__ (2018) (No. 16-111).

449 p.


Newsroom: Governor Raimondo On Rwu Law 09-19-2017, Roger Williams University School Of Law Sep 2017

Newsroom: Governor Raimondo On Rwu Law 09-19-2017, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Evicted: The Socio-Legal Case For The Right To Housing, Lisa T. Alexander Apr 2017

Evicted: The Socio-Legal Case For The Right To Housing, Lisa T. Alexander

Lisa T. Alexander

Matthew Desmond's Evicted: Poverty and Profit in the American City is a triumphant work that provides the missing socio-legal data needed to prove why America should recognize housing as a human right. Desmond's masterful study of the effect of evictions on Milwaukee's urban poor in the wake of the 2008 U.S. housing crisis humanizes the evicted, and their landlords, through rich and detailed ethnographies. His intimate portrayals teach Evicted's readers about the agonizingly difficult choices that low-income, unsubsidized tenants must make in the private rental market. Evicted also reveals the contradictions between "law on the books" and "law-in-action." Its most …


Evicted: The Socio-Legal Case For The Right To Housing, Lisa T. Alexander Apr 2017

Evicted: The Socio-Legal Case For The Right To Housing, Lisa T. Alexander

Faculty Scholarship

Matthew Desmond's Evicted: Poverty and Profit in the American City is a triumphant work that provides the missing socio-legal data needed to prove why America should recognize housing as a human right. Desmond's masterful study of the effect of evictions on Milwaukee's urban poor in the wake of the 2008 U.S. housing crisis humanizes the evicted, and their landlords, through rich and detailed ethnographies. His intimate portrayals teach Evicted's readers about the agonizingly difficult choices that low-income, unsubsidized tenants must make in the private rental market. Evicted also reveals the contradictions between "law on the books" and "law-in-action." Its most …


Stop Shutting The Door On Renters: Protecting Tenants From Foreclosure Evictions, Eloisa Rodriguez-Dod Nov 2016

Stop Shutting The Door On Renters: Protecting Tenants From Foreclosure Evictions, Eloisa Rodriguez-Dod

Eloisa C Rodríguez-Dod

This article discusses existing and proposed federal and state law affecting tenants’ rights in foreclosure. As “Foreclosure” signs rapidly join “For Sale” signs across the country, the national foreclosure crisis has not only displaced homeowners, but a plethora of renters as well. The approach taken by states concerning tenants affected by foreclosure varies greatly. Furthermore, a recently enacted Federal law, created specifically to help tenants in foreclosure, does not relieve the uncertainty in resolving this issue. In addition to being the first to critique the new federal law, this article offers recommendations for legislation that may better protect tenants from …


Contract And Property Law—Fee-Shifting Statutes And Landlord-Tenant Law—A Call For The Repeal Of The English Rule "Loser Pays" System Regarding Contract Disputes And Its Effect On Low-Income Arkansas Tenants, Stephanie Mantell Oct 2016

Contract And Property Law—Fee-Shifting Statutes And Landlord-Tenant Law—A Call For The Repeal Of The English Rule "Loser Pays" System Regarding Contract Disputes And Its Effect On Low-Income Arkansas Tenants, Stephanie Mantell

University of Arkansas at Little Rock Law Review

No abstract provided.


Maryland's Medical Marijuana Law: Transactional And Ethical Perspectives For Real Estate Practitioners, Nicole M. Lacoste Folks, Lawrence F. Haislip, Matthew L. Kimball Jan 2016

Maryland's Medical Marijuana Law: Transactional And Ethical Perspectives For Real Estate Practitioners, Nicole M. Lacoste Folks, Lawrence F. Haislip, Matthew L. Kimball

University of Baltimore Journal of Land and Development

The congruence between Federal and state laws relating to marijuana, 2 which has existed for generations, is unraveling. In recent years a number of states have reduced or eliminated criminal penalties for the possession or use of small amounts of marijuana;3 twentythree states have established a state law exception for medical marijuana; 4 and Colorado, Washington, Alaska and Oregon now authorize the retail and personal growth, sale and possession of marijuana as a matter of state law.5 Maryland has lately joined the list of states purporting to create exceptions or safe harbors for those wishing to engage in the manufacture, …


Colder Than A Landlord's Heart? Reconciling A Debtor's Authority To Sell Property Free And Clear Of A Lease Under Bankruptcy Code Section 363(F) With The Tenant's Right To Remain In Possession On A Lease Rejection Under Bankruptcy Code Section 365(H), Bruce Grohsgal Jan 2016

Colder Than A Landlord's Heart? Reconciling A Debtor's Authority To Sell Property Free And Clear Of A Lease Under Bankruptcy Code Section 363(F) With The Tenant's Right To Remain In Possession On A Lease Rejection Under Bankruptcy Code Section 365(H), Bruce Grohsgal

Marquette Law Review

The question examined in this Article is a simple one—Can a tenant with a right to possession under section 365(h) of the Bankruptcy Code be ousted from possession by a free and clear sale of the real property by the debtor-landlord pursuant to section 363(f) of the Bankruptcy Code? The Seventh Circuit, the only court of appeals to have considered the issue, said “yes” in Precision Industries, Inc. v. Qualitech Steel SBQ, LLC and authorized a sale free and clear of the lease and the tenant’s right to remain in possession. Subsequent decisions from the district and bankruptcy courts are …


The Landlord's Liability To His Tenants For Injuries Criminally Inflicted By Third Persons, Marvin M. Moore Jul 2015

The Landlord's Liability To His Tenants For Injuries Criminally Inflicted By Third Persons, Marvin M. Moore

Akron Law Review

Until approximately fifteen years ago a landlord was never held civilly liable to his tenants for injuries inflicted by the criminal acts of third persons, regardless of the deficiency of the security measures provided by the landlord.' The landlord was protected from tenant lawsuits by three factors: The historical concept of a lease, certain tort theories of a legalistic nature, and some policy concerns having significant influence upon the courts. In recent years the courts have begun holding landlords liable in some circumstances for criminally-induced injuries sustained by their tenants. The following discussion will examine the reasons for the landlord's …


Access Denied: The Tale Of Two Tenants And Building Amenities, Lauren C. Wittlin Jul 2015

Access Denied: The Tale Of Two Tenants And Building Amenities, Lauren C. Wittlin

Touro Law Review

No abstract provided.


Mi Casa Es Su Casa: The Benefits Of A Hud Mediation Program For Resolving Housing Accommodation Or Modification Disputes Between Landlords And Tenants With Disabilities, Adam Knobler Jan 2015

Mi Casa Es Su Casa: The Benefits Of A Hud Mediation Program For Resolving Housing Accommodation Or Modification Disputes Between Landlords And Tenants With Disabilities, Adam Knobler

Pepperdine Law Review

After first providing a background on federal housing laws that prohibit discrimination based on disability, this article then proceeds to describe and analyze the remedies available to tenants who have experienced disability discrimination. The article concludes that, not only are such remedies as filing a complaint or pursuing litigation difficult and time-consuming, they could also damage the long-term relationship between the parties and preclude the possibility of creative remedies that satisfy the needs of both parties. The article finishes by proposing that HUD develop an agency-wide mediation program based on the model of the Equal Employment Opportunity Commission (EEOC) mediation …


The Enforceability Of Abatement Provisions, Shantel Castro Jan 2015

The Enforceability Of Abatement Provisions, Shantel Castro

Bankruptcy Research Library

(Excerpt)

The moment a lease is executed, a set of obligations and rights are created between the landlord and tenant. In exchange for the payment of rent, the landlord is required to provide a space suited for the intended purpose of the rental. In addition, both parties are obligated to abide by any specific terms in the lease. Among those terms may be an abatement provision. An abatement provision is a clause in the lease that releases a lessee from the obligation to pay rent when a particular event occurs. The specific triggering event is usually listed in the lease. …