“NO-FAULT” EVICTIONS

Eloisa C. Rodriguez-DodProfessor of LawFlorida International University

February 1, 2013

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History of Landlord Tenant Law

Privity of contract▪ Entitlements and detriments, or rights

and duties▪ Enforceable on a theory of contract

Privity of estate ▪ Between landlord and tenant▪ Lease is viewed as a “conveyance”

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Uniform Laws

Uniform Residential Landlord and Tenant Act (1972)

Many states have adopted Silent as to reasons for evictions

Revised Uniform Residential Landlord and Tenant Act

How should RURLTA address evictions?

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Eviction Statistics

New York 23,647 residential evictions, legal

possessions, and ejectments 1.2% of the city’s renter households

evicted

San Jose 2,000 families a month get 30-day notices 10% each year

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Eviction Statistics

New York City 1/2 of tenants had

incomes < $10,000

86% African American or Latino

Chicago 72% African

American 62% women

Baltimore vast majority were

“poor black women” Philadelphia

83% nonwhite 70% nonwhite

women Milwaukee

1 in 10 African American households evicted each year

60% women

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Typical Reasons forEviction

Failing to pay the rent Substantially violating the

lease Damaging the premises Using the unit for illegal

purposes Denying the landlord

reasonable access to the property

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Other Reasons for Eviction – “No-Fault”

Foreclosure of property Condemnation Criminal activity Owner selling property Occupancy by landlord

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Statutes and Ordinances

Georgia▪ Landlord desires possession

Washington, D.C.▪ Landlord desires possession▪ Sale of rental unit▪ Demolish the rental unit for new

construction▪ Rehabilitate unit▪ Discontinue use as rental▪ Conversion to co-op or condo

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Statutes and Ordinances

Santa Monica, California▪ Landlord desires possession

Collinsville City, Illinois ▪ Crime-free lease provision

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Revised Uniform Residential Landlord and Tenant Act

§ 701(d)(1)

Landlord may terminate the lease if he sells the property

“No-fault” eviction?

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Eviction Problems

Oakland, California In the last 24 months over 1,910 ’30-day No

Cause’ evictions

Boston, Massachusetts Evictions rose from 4,937 in 1992 to 7,120 in

1997, following the elimination of rent control

Baltimore, Maryland 128,127 renter households and 155,870 court

complaints for eviction filed in 2002 1.2 complaints per renter household

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Solutions? Adopt Protecting Tenants at

Foreclosure Act Buy out tenants Relocation assistance Prohibit no-fault evictions Tenant right to return

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Questions?

Eloisa C. Rodriguez-DodProfessor of Law

elrodrig@fiu.edu

http://ssrn.com/author=625247

Florida International University College of Law

University Park, RDB 2071B11200 SW 8 StreetMiami, FL 33199

(305)348-3245