Leaseholds

Fifth Circuit rules that landlord rejection of Section 8 housing voucher recipients does not violate the Fair Housing Act by imposing a disparate impact on the basis of race

Persons in need of financial assistance to afford housing are in a variety of categories of persons protected by the Fair Housing Act. African Americans are more likely than white persons to be poor; women of all races are more likely to be poor than men; persons with disabilities are more likely to need government assistance than...

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To avoid engaging in discrimination, Facebook changes its policy that had allowed advertisers for housing, employment, and credit to select which users could see their ads

Responding to a lawsuit filed by the National Fair Housing Alliance and others that alleged discrimination against families with children, women, persons with disabilities, and on the basis of national origin, Facebook announced changes in its policies to avoid engaging in discriminatory advertisements. Brakkton Booker, ...

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Landlords in Virginia have no duty to maintain in a safe condition premises under the tenant's exclusive control

Most states find landlords liable to tenants injured in leased premises if the landlord acted negligently. That rule impose a duty on the landlord to act reasonably to avoid dangerous conditions in the premises that are leased. State housing codes and the implied warranty of habitability also place duties of repair and maintenance...

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City has no sovereign immunity from suit by its tenants when it leases land in a "proprietary capacity"

Although cities enjoy sovereign immunity from suit when they act in a sovereign capacity, they can be sued by tenants of land they have leased when they act in a “proprietary” capacity. Wasson Interests, Ltd. V. City of Jacksonville, 2018 Tex. LEXIS 999 (Tex. 2018). Cities act in a governmental capacity (and are immune from suit) when...

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Town can alter zoning law retroactively to prohibit Airbnb use

The Massachusetts Land Court has ruled that a town may amend its zoning ordinance to prohibit Airbnb use and that retroactive application of the new law to those who established Airbnb use before it was passed is lawful. The owner had no right to have the prior Airbnb use "grandfathered in" as a prior nonconforming use under state statutes. Styller v. Aylward, 2018 Mass. LCR LEXIS 194 (Mass. Land Ct. 2018). Read more about Town can alter zoning law retroactively to prohibit Airbnb use

Tenant can be evicted for allowing adult son to live with her

 

A court has held that a tenant can be evicted for allowing her adult son to live with her when his name was not on the lease along with hers, making him an unlawful occupant. Atlantic Tambone Mgmt. v. Mejia, 2017 WL 4181374 (Mass. Dist. Ct. App. Div. 2017). The reason for the eviction also rested on the fact that the son had stolen a... Read more about Tenant can be evicted for allowing adult son to live with her

Section 8 (housing voucher) tenants cannot be evicted without cause even if their lease term has expired and the landlord has opted out of the housing assistance program

The Third Circuit has ruled that the federal statute, 42 U.S.C. §1437f(t)(1)(B), that gives Section 8 (housing voucher) tenants the right to "remain in their housing developments, even after their landlord has opted out of the federal housing assistance program," gives them the right to stay unless just cause can be shown to evict have the right to remain even if the lease term has expired. Hayes v. Harvey, 2018 U.S. App. LEXIS 24848 (3d... Read more about Section 8 (housing voucher) tenants cannot be evicted without cause even if their lease term has expired and the landlord has opted out of the housing assistance program

Commercial landlord can mitigate damages by selling the property rather than reletting it

When the tenant breached the lease, the landlord had a duty to mitigate damages. That usually means making reasonable efforts to find a replacement tenant. However, the Nebraska Supreme Court has held that a commerical landlord fulfilled the duty to mitigate damages by seeking to sell the property rather than re-rent it. Hand Cut Steaks Acquisitions, Inc. v. Lone Star Steakhouse & Saloon of Nebraska, Inc., 905 N.W.2d 644 (Neb. 2018). The landlord's rejection of offers to rent the property did not violate his duty to mitigate damages given his reasonable efforts to sell the property. That... Read more about Commercial landlord can mitigate damages by selling the property rather than reletting it

Lease cannot transfer landlord's right to receive rents to his daughter after his death because it is a testamentary transfer that does not comply with the formalities needed to create a will

The MIssissippi Supreme Court held that a lease provision cannot transfer the landlord's power to receive rents to his daughter after his death because that effectuates a testamentary transfer that must comply with the statute of wills to be valid, including all formalities such as two witnesses. Estate of Greer v. Ball, 218 So. 3d 1136 (Miss. 2017). Read more about Lease cannot transfer landlord's right to receive rents to his daughter after his death because it is a testamentary transfer that does not comply with the formalities needed to create a will