Property II- Davidson- Spring 2006- Anonymous- Grade A-

Property II- Davidson- Spring 2006- Anonymous- Grade A- -...

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Regulating Property / Coase / general policy 1 RENTAL HOUSING Quality 1 Price 2 Rent Control 2 Subsidized Housing 3 JUDICIAL CONTROLS Nuisance 3 Private Nuisance 3 Public Nuisance 3 Lateral/subjacent support 4 PRIVATE CONTROLS (Servitudes) Easements 4 Grant 5 Reservation 5 Implied 5 Prescription 5 Estoppel 6 Licenses 6 Covenants 6 Real 6/7 Equitable 6/7 LEGISLATIVE CONTROLS Zoning 8 Enabling Act 8 Nonconforming Use 9 Variances 9 Special Exceptions 9 Spot Zoning 10 Alternative Zoning/Rezoning Contractual/conditional 10 Floating 10 Cluster 10 Planned Use Developments 10 Aesthetic Regulation 10 Exclusionary Zoning 10 CONSTRAINTS ON REGULATION Eminent Domain 10 Public Use 11 Regulatory Takings 11
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There exists a “constitutionally guaranteed right to use his or her property, unfettered by governmental restrictions, except where the use violates any law, the use creates a nuisance, or the owner violates any covenant, restriction or easement.” -Justifications for regulation: (these may not exist perfectly) 1. buyers and sellers are numerous 2. neither buyers nor sellers conspire 3. market entry/exit is free for both producers and consumers 4. 5. no artificial restricts on supply/demand and resources 6. housing services is a homogenous commodity (all units serve basic purpose) 7. sales or purchases of each individual unit is small in the aggregate 8. (fairness) -Coasian bargaining & Schlag on Coase: Allow market to regulate / transactions costs need to be considered and will always exist. And cannot tell when they will be high or low (don’t make assumptions). RENTAL HOUSING: Quality -Implied Warranty of Habitability Warranty exists in the lease that the Landlord will deliver and maintain throughout tenancy that the premises are safe, sanitary, and fit for human habitation. ( Hilder ) Objective: safe and healthy housing. Requirement : The tenant must show that he notified the landlord and allowed reasonable time for correction, and existed during time when rent was withheld. Guidelines/Limits : 1. Reasonable person standard of habitability. 2. Covers patent and latent defects, and liability if public injured on premises if landlord knew, should have known of dangerous defect. 3. A substantial (not minor) violation of the housing code is Prima facie evidence of breach of implied warranty of habitability. 4. Abandonment is not required to claim breach of warranty. 5. Amenities do not count.
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Remedies : -Damages; different jurisdiction rules for Δ: 1. Retaining possession: rent is reduced partially or totally (depending on degree of breach), then pays the reduced rent. a.
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This note was uploaded on 02/12/2008 for the course LAW 5634 taught by Professor Hill during the Spring '06 term at Colorado.

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Property II- Davidson- Spring 2006- Anonymous- Grade A- -...

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