Housing Law Commons^™

Dependent Covenants In Commercial Leases: Hindquarter Corp. V. Property Development Corp., Tracy R. Antley Faust

Seattle University Law Review

This Note demonstrates that the Washington Supreme Court correctly applied contract principles to the Hindquarter lease dispute. The Note first reviews the historical development of dependent covenants in both residential and commercial contexts. After setting out this important background information, the Note examines Hindquarter and the three factors that influenced the Washington Supreme Court in following the dependent covenants trend: (1) material inducements to execute the lease; (2) the intent of the parties; and (3) equity and policy considerations. The Note concludes that, even though the landlord prevailed in Hindquarter, commercial tenants stand to gain most from the supreme …

Forfeiture Clauses In Land Installment Contracts: Time For Equitable Foreclosure, Donna R. Roper

Seattle University Law Review

This Comment will trace the history of the Washington courts' decision to deny foreclosure by judicial sale in land installment contracts with forfeiture clauses and will demonstrate the viability and preferability of foreclosure by judicial sale as an equitable remedy for a defaulting buyer. The Comment will also describe how other states, either legislatively or judicially, have resolved the inequity of forfeitures.

Judicial Remedies In Pattern And Practice Suits Under The Fair Housing Act Of 1968: United States V. City Of Parma, Karen E. Rubin

Cleveland State Law Review

The elimination of racially segregated housing is a national goal of high priority. This goal is reflected in the pronouncements of law-makers and policy shapers, in decisional law, and in the existence of federal and state legislation designed to eradicate ghettos and replace them with "truly integrated and balanced" communities. Yet segregated housing patterns persist, often finding their source and legitimization in the policies and practices of local governments. This Note will examine an Ohio decision, United States v. City of Parma, and its impact on two issues: the bringing of a "pattern and practice" suit under Title VII of …

The Taming Of A Duty--The Tort Liability Of Landlords, Olin L. Browder

Michigan Law Review

For one inclined to reform the first-year curriculum in law schools the most simple and comprehensive solution is to expand the treatment of the law on landlord and tenant, and only then break up into the traditional basic subjects to deal with matters not previously covered. Thereby one could embrace all the traditional first-year subjects except Criminal Law, and a good deal more as well.

The other side of this conceit is that one who approaches the modem law of landlord and tenant from traditional property perspectives encounters particular problems that arise from the margins, or along the frontal thrust, …

Loretto V. Teleprompter, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Group Homes, Families, And Meaning In The Law Of Subdivision Covenants, Robert D. Brussack

Scholarly Works

Part I of this Article discusses two questions central to a general account of the problem of meaning in the law of subdivision covenants. First, whose meaning ought to count? The answer to this question is developed principally by contrasting the meaning problem in covenants law with the related problem in other legal realms such as contractual and statutory interpretation. Second, what should be the role in contemporary covenants law of the traditional rule requiring that ambiguity in covenant language be resolved in favor of the free use of land. Here the Article explores the nature of ambiguity and critiques …

Implied Warranties In Ohio Home Sales, Susan B. Brooks

Cleveland State Law Review

The majority of states other than Ohio have rejected the caveat emptor doctrine and adopted an implied warranty of habitability in the sale of new homes, but the irony of this situation is that it was an Ohio case, Vanderschrier v. Aaron, that first recognized implied warranties in the sale of a home. This Note will demonstrate that Ohio should adopt an implied warranty of habitability in the sale of new homes by builder-vendors.

Retaliatory Eviction And Periodic Tenants In Washington, Phillip Raymond

Seattle University Law Review

This comment evaluates the availability of the retaliatory eviction defense to periodic tenants in Washington State in light of a recent appellate court decision, Stephanus v. Anderson, denying periodic tenants the defense where the statutorily required twenty day termination notice is provided. An analysis of the basic policies underlying the Act, to ensure safe, sanitary housing conditions and to prohibit landlords' retaliatory actions against tenants exercising their rights to attain decent housing conditions, indicates periodic tenants be allowed to assert the retaliatory eviction defense. Additionally, the language of the retaliatory action provision of the statute supports an interpretation granting …

Enforceability Of Land Use Servitudes Benefiting Local Government In Washington, Stephen Phillabaum

Seattle University Law Review

Washington courts are free to enforce publicland use servitudes. Of the elements required for a servitude to run with the land, form, notice, and touch and concern on the burden side do not bar running. Only the touch and concern element applied on the benefit side is a potential bar. Washington conceivably could allow public land use servitudes to run with the land by following the minority position of not requiring touch and concern on the benefit side. A less stringent theory, however, is available to enforce public land use servitudes. Washington has not adopted a rule that public servitudes …

Redlining Revisited: Neighborhood Development Bank As Proposed Solution, Edwin T. Hood, Cynthia M. Weed

Faculty Works

Urban decline and its impact upon American society have been national concerns for nearly three decades. Although the causes of urban decline are numerous and diverse, a key factor is the in­ adequacy of the financial resources available to resolve the massive problems associated with urban decay. In the residential mortgage market, funds for home mortgage loans and home repair loans in declining neighborhoods are conspicuously absent. As a result, ur­ban decline accelerates, and any realistic hopes for the revitalization of urban neighborhoods are eliminated.

During the 1970s, national attention has focused on redlining - ­the term used to describe …

Zoning For The Mentally Ill: A Legislative Mandate, Deborah A. Schmedemann

Faculty Scholarship

Under the aegis of President John Kennedy, Congress first began to concern itself with the needs of the mentally ill over two decades ago. Bills providing for community mental health centers and congregate housing have appeared subsequently to attempt to expedite integration of the mentally ill into community life. These congressional mandates, however, have met with reluctance-if not hostility. While federal law makers have been the champion of deinstitutionalization, they have placed responsibility for implementation of their programs on the state and local levels. There, local governmental authorities have reacted defensively to exclude the mentally ill from their neighborhoods, primarily …

Adminsitrative Law - Eligibility Under The Uniform Relocation Act: Federal Mortage Insurance And The Determination Of Displaced Person, Catherine Kalita Mclamb

Villanova Law Review (1956 - )

No abstract provided.

Building Restrictions - Contracts Or Servitudes, 11 J. Marshall J. Of Prac. & Proc. 465 (1978), Robert Kratovil

UIC Law Review

No abstract provided.

Landlord-Tenant: The Medieval Concepts Of Feudal Property Law Are Alive And Well In Leases Of Commercial Property In Illinois, 10 J. Marshall J. Of Prac. & Proc. 338 (1977), Kenneth J. Sophie Jr.

UIC Law Review

No abstract provided.

Eliminating Redlining By Judicial Action: Are Erasers Available?, Paul A. Renne

Vanderbilt Law Review

This paper will consider one practice--mortgage disinvestment, commonly referred to as "redlining"--which has worked incontravention to the declared policy of Congress by contributing to the destruction of the urban housing inventory and has been partly responsible for the failure to meet our housing goals. This paper will discuss the concept and effects of redlining, the relevant statutes and administrative regulations, and the use of class action litigation as a means of eliminating the practice. Before turning to this discussion, however, it is important to emphasize that eliminating the practice of redlining will prove no panacea to our urban problems. It …

The Flood Disaster Protection Act Of 1973: A Rational Approach To Flood Damage Prevention, Larry J. Wilson

IUSTITIA

Throughout history, man has utilized rivers for water supply, transportation, power generation, and waste disposal. This strong relationship has encouraged the location of human settlements near rivers and streams despite the risk of periodic flooding. The modern technology of transportation and public services has reduced the necessity for riverside locations, but the development of flood plains in urban areas has continued, resulting in the periodic loss of human life and property when flooding has occurred. Within the United States, flooding has taken over 5000 lives in the last fifty years and causes an estimated $1.25 billion in property damages annually.' …

Redlining Practices, Racial Resegregation, And Urban Decay: Neighborhood Housing Services As Viable Alternative, Marcia Duncan, Edwin T. Hood, James L. Neet

Faculty Works

No abstract provided.

An Assessment Of The Impact Of An Implied Warranty Of Habitability In New York State, Matthew Greenblatt

Buffalo Law Review

No abstract provided.

Housing--Mobile Homes--Some Legal Questions, Mark Summers, Frederick D. Fahrenz, David C. Shepler

West Virginia Law Review

Because of the increasing use of the mobile home as a form of housing, practitioners will be handling an ever-increasing number of cases dealing with the problems of the mobile home resident. The four major areas of investigation of mobile home law dealt with here are taxation, zoning, warranties, and fixtures. The purpose of the article is not to reveal any particular deficiencies in West Virginia's mobile home law, but rather to investigate and synthesize the law in a comprehensive review. While there are certain areas where the need for reform has been suggested, compiling the law as a research …

The Interrelationship Between Excusionary Subdivision Control - A Second Look, Roger A. Cunningham

University of Michigan Journal of Law Reform

The thesis of this article is that the conclusion set out above is both oversimplified and inaccurate. Contrary to the author's contention in his Journal article, there are "viable distinctions between zoning and subdivision control," and consequently the major exclusionary techniques available to suburban communities through "zoning" are simply not available in connection with "subdivision control." Dramatic attempts at racial exclusion through subdivision control are likely to be infrequent. Although subdivision regulations, like zoning ordinances and building codes, require expenditures by land developers which increase the cost of housing and thus tend to exclude the poor, the effect of subdivision …

Exclusionary Zoning: A Wrong In Search Of A Remedy, Leonard S. Rubinowitz

University of Michigan Journal of Law Reform

This article discusses affirmative approaches to providing effective relief in two types of exclusionary zoning cases: (1) remedies specific to a particular proposed development or a given site and (2) regional remedies, which provide a generalized framework for meeting what courts are increasingly identifying as a regional problem: the need for decent housing for all families. In the first instance (the "single-site" case) a court would remove obstacles in order to facilitate development of low- and moderate- income housing on a particular suburban site. In the second case (the regional approach) a court would specify the obligation of the municipalities …

Exclusionary Zoning Practices: An Examination Of The Current Controversy, W. Harold Bigham, C. Dent Bostick

Vanderbilt Law Review

For the last 45 years the idea that local zoning administration is a highly desirable exercise of the state police power has become progressively more entrenched in urban thinking and planning. Although opponents of zoning have quarreled with details of administration or decried the failure of the Supreme Court to continuously oversee implementation of the zoning concept, they have assumed basic Euclidian zoning theory' to be beyond serious challenge. This assumption is no longer valid, for classic municipal zoning is on the firing line and its survival is by no means certain.

Special Project - Nashville Model Cities: A Case Study, Richard W. Creswell, Alan Gates, Paul M. Kurtz, Paul R. Regendorf, Samuel W. Bartholomew, Jr., Richard K. Greenstein

Vanderbilt Law Review

The future of the Model Cities program in Nashville is difficult to predict. As of this writing, the program is approaching the end of the first of five action years. The suit filed by the CCC in April 1971, is,more than a year later, still pending. It is, of course, possible that the program may eventually prove successful, but such a result is unlikely. Even if the CCC is replaced as the official citizen participation structure for the program, the ideological constituency from which the group derives its strength will remain. Furthermore, as the CDA continues to build an ad …

Compulsory Home Repair Laws, Maynard L. Graft Jr.

Cleveland State Law Review

In recent years legislative bodies at various levels of government have recognized the need for legally requiring the maintenance of housing at certain minimum standards. Such regulation has been deemed necessary because of the deterioration experienced by practically every major city in America. This deterioration causes a downward spiral usually resulting in complete blight in the deteriorating area. The first step toward blight is slight deterioration followed by neglect of repairs by owners and landlords (the latter neglect is an attempt to maintain a high return on investment, the former because of loss of faith in the quality of the …

Real Estate Finance: The Discount Point System And Its Effect On Federally Insured Home Loans, Edwin T. Hood, James A. Kushner

Faculty Works

No abstract provided.

Zoning-Non-Conforming Use, 22 S.C. L. Rev. 844 (1970), Gerald E. Berendt

UIC Law Open Access Faculty Scholarship

No abstract provided.

Hidden Risks In Real Estate Title Transactions, Sherman Hollander

Cleveland State Law Review

No amount of care can avoid certain of the title hazards which a real estate transaction may encounter. The most careful attorney can do little or nothing, in such situations, to sidestep the pitfalls. In at least some such cases the legislature could provide relief by reducing the risk to innocent parties. To do so requires perceptive review of some timehonored concepts. A number of types of other problems exist where a careful attorney may reduce the risk faced by his client. Even here perhaps the legislature could consider statutory improvements. It would be more fair and equitable if extraordinary …

Condominium--Tax Aspects Of Ownership, Richard R. Mcdowell

Vanderbilt Law Review

The ancient concept of condominium ownership has been revived in this country as an answer to the increasing demand for adequate urban housing. The advantages of individual home ownership have had to be subordinated by many families in favor of the convenience of apartment rental. A partial answer to this problem has been found in the creation of cooperative apartments, but this device still leaves much to be desired.' It was not until Puerto Rico achieved its initial success with condominiums that the advantages of this form of home ownership fully came to the attention of this country. To encourage …

Prior Lien On Rents And Profits Upheld As A Method Of Financing Repairs- In Re Dep't Of Bldgs., Michigan Law Review

Michigan Law Review

Official findings of the New York Legislature in 1962 revealed the existence in certain cities of housing conditions which, unless immediately corrected, might cause irreparable damage to buildings or endanger the life, health and safety of their occupants or the general public. To facilitate the correction of these conditions and to increase the supply of adequate, safe dwelling units, the legislature enacted the 1962 Receivership Law, which creates a procedure enabling a city to enforce its housing codes by compelling needed repairs and improvements.

Condominium--Home Ownership For Megaopolis?, John E. Cribbet

Michigan Law Review

The past year, 1962, witnessed no let up in the cold war between East and West. In the race for the conquest of space, in the battle of national rates of economic growth, in the propaganda struggle to fix the responsibility for nuclear testing, in the trial of strength over Cuba, and in countless other areas, each bloc leader continued to measure achievement against the rival's successes or defeats. The cold war is a deadly business and produces little to warm the cockles of a man's heart, but, if only the threat of nuclear destruction could be averted, there is …