美国财产法Chapter 7 Leasing Real Property.docVIP

PKU-STL Hu PAGE 1 Chapter 7 Leasing Real Property History Traditionally, a leasehold was seen as an estate in land - a nonfreehold estate. Thus, the lease was governed by property law concepts. Today, most jurisdictions view the lease as a hybrid, governed by both property law and contract law. The landlord-tenant revolution: the rights of a residential tenant today are much greater than they were 50 years ago. Immutable rules: supersede any contract provisions in the lease Default rules: fill in the gap that the parties did not address in the lease Creating a tenancy Selecting the tenant Traditionally a landlord can refuse to rent to anyone for any reason (even no reason). But modern federal and state statutes which prohibit discrimination have limited this rule. CRA (Civil Rights Act of 1866): Just apply to racial discrimination. Not very effective after its passage, since it was seen as prohibiting state discrimination but not private discrimination. Jones v. Alfred H. Mayer CO. (392 U.S. 409):interpreted the Civil Rights Act of 1866 to regulate private discrimination as well as prohibiting public laws mandating racial discrimination. FHA( Fair House Act of 1968): Today, the Fair Housing Act prohibits discrimination based on race, color, religion, sex, national origin, disability (handicap), and familial status (families with children). Policy arguments against FHA: inefficient transaction Only apply to dwellings Some exemptions: Rooms or units in dwellings containing living quarters occupied by no more than four families living independently of each other, if the owner occupies one of such living quarters as his residence Any single-family house sold or rented by an owner. The single-family house exception applies only if 1) the owner owns no more than three such homes; 2) the owner does not use a broker; and 3) he has not posted a discriminatory advertisement, posting, mailing, or notice in violation of section 3604(c). Other exemptions: Religious organiz