NATIONAL STICKY BUN DAY

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Presentation transcript:

2-21-17 NATIONAL STICKY BUN DAY PROPERTY A SLIDES 2-21-17 NATIONAL STICKY BUN DAY

Chinchilla * Ezell * Kafka Music to Accompany Barrash & Gurian Stevie Wonder, The Definitive Collection featuring “You Haven’t Done Nothin’” Lunch Today Meet on Bricks @ 11:55 Chinchilla * Ezell * Kafka Kasten * Minyard Normand * Roberts Logistics: Two Opportunities to Submit Sample Exam Answers 1st Window = 3/1-3/15 I’ll Post Instructions by Noon Tomorrow. Read Through & E-Mail if Qs

Chapter 2. Leased But Not Last: Selected Issues in Landlord/Tenant Law The Importance of Context Ldld’s Right to Exclude (& Legitimate Interests of Tnts) Eviction Under the Florida Statutes Ldld’s Selection of Tnts :Statutory Anti-Discrimination Law & The Right to Transfer Overview Sorenson & Proof of Discriminatory Intent Funk & “Reasonable” Refusals to Allow Transfer (Cont’d) Review Problems Habitability & Related Issues

TENANT’S RIGHT TO TRANSFER: REASONABLENESS ISSUES Common provision: “No transfer w/o consent of landlord” Meaning of “Reasonable” Withholding of Consent (cont’d) Should Courts Imply “Reasonableness”? Commercial Tenancies Residential Tenancies If We Imply Reasonableness, Should Tenant Be Able to Waive?

TENANT’S RIGHT TO TRANSFER: MEANING OF “REASONABLE” LEGITIMATE CONCERNS (Recap) Assurances re Rent Assurances re Use & Care of Premises Proposed Use: Need for Alterations Legality Compatible w Other Tenants

TENANT’S RIGHT TO TRANSFER: MEANING OF “REASONABLE” NOT LEGITIMATE CONCERNS (Recap) Personal Taste, Sensibility or Convenience (Funk) Lever to Change Lease Terms (esp. T expectations re $) (Funk) Other Cases: Collateral Economic Advantage (e.g., Filling Other Units)

TENANT’S RIGHT TO TRANSFER: MEANING OF “REASONABLE” Yeshiva (Note 3 P649-50): L wanted to exclude Planned Parenthood b/c of religious concerns re providing contraception Language from case (must be “readily measurable criteria” relevant to “any landlord”) suggests religious concerns not OK. BUT also issue of inconsistent application by L Birth control courses taught in Hospital run by L So doesn’t look like bona fide religious concern Asked if hospital courses were embarassment to L, official replied, “Well, they're in the Bronx."

SEQUOIA: DQ2.10-2.11 SEQUOIAS

TENANT’S RIGHT TO TRANSFER: MEANING OF “REASONABLE” DQ2.11 (Sequoia) L Doesn’t Like Food Served by Proposed Transferee Restaurant Bait & Switch (T wants to transfer to previously rejected applicant; no financial reason to reject) Political Objections We’ll Come Back to (b) & (c) in More Detail with Rev Prob 2F on Thursday

TENANT’S RIGHT TO TRANSFER: REASONABLENESS ISSUES Common provision: “No transfer w/o consent of landlord” Meaning of “Reasonable” Withholding of Consent Should Courts Imply “Reasonableness”? Commercial Tenancies  Residential Tenancies If We Imply Reasonableness, Should Tenant Be Able to Waive?

TENANT’S RIGHT TO TRANSFER: DQ2.10: Imply Reasonableness? Commercial: PROS Importance of Alienation General Reqmt. of Good Faith & Fair Dealing Protects L’s Legitimate Concerns (esp. re $$$) Prevents L Using Transfer to Extort Better Lease Terms Commercial: CONS Rewriting Contract Interferes w L’s Control of Own Property May Lead to Lot of Litigation SEQUOIA: Why Might Residential Be Different?

TENANT’S RIGHT TO TRANSFER: DQ2.10: Imply Reasonableness Why Different if Residential Lease? Maybe L more personally involved  More L Control If L lives on premises  More L control T may have less knowledge and/or bargaining power  Less L Control More legit. reasons to reject in comm’l setting More States Imply in Residential Setting

TENANT’S RIGHT TO TRANSFER: REASONABLENESS ISSUES Meaning of “Reasonable” Withholding of Consent Should Courts Imply “Reasonableness”? If We Imply Reasonableness, Should Tenant Be Able to Waive? Default Rule v. State-Imposed Non-Waivable Lease Term Recurring Issue in Landlord-Tenant Law (& Other Types of Contracts with Strong Public Policy Implications)

TENANT’S RIGHT TO TRANSFER: REASONABLENESS ISSUES Meaning of “Reasonable” Withholding of Consent Should Courts Imply “Reasonableness”? If We Imply Reasonableness, Should Tenant Be Able to Waive? Restatement says Waiver OK if “freely bargained for.” Some States say NO, especially for Residential Leases We’ll Do Pros & Cons for Comm’l Leases in Rev. Prob. 2F Qs on Right to Transfer?

Right to Transfer: Possible Overlap with Anti-Discrimination Law A. L Refuses Transfer Requested by T for Specific Reason T & Potential Transferee Claim: Actual Reason for Refusal was Unlawful Discrimination “Legitimate” Reason Provided is “Unreasonable” See Review Problems 2G & 2L

Landlord’s Selection of Tenants : Review Problems Review Problem 2D (Issue-Spotter: Discriminatory Intent) In Class Next (ACADIA/BADLANDS) Review Problem 2F (Opinion/Dissent: Right to Transfer) In Class Thursday (OLYMPIC/SEQUOIA) Review Problem 2G (Short Problem: Right to Transfer & Knudsen) DF 3/7 & 3/9 Review Problem 2L (Part b) (Both) In Class Next Monday (EVERGLADES/BADLANDS)

FINAL EXAM QUESTIONS Choose Three of Four XQ1: LAWYERING XQ2: SHORT ANSWERS (Choose Three of Four) XQ3: OPINION/DISSENT XQ4: TRADITIONAL ISSUE-SPOTTER

FINAL EXAM QUESTION 3 OPINION/DISSENT Instructions Will Say (Roughly) … Based on the information presented here, draft the analysis sections of a majority opinion for the [Name-of-State] Supreme Court and of a shorter concurrence or dissent, deciding [the legal question(s) indicated].

FINAL EXAM QUESTION 3 OPINION/DISSENT Task: Choose & Defend Rules for a Specific Legal Issue Describe and Defend Two Positions Utilize Range of Relevant Arguments from Course. E.g., Policy from Relevant Area Ease of Application/Institutional Competence Likely Effects on Behavior of Relevant Parties Application to Facts & Resolution of Case Much Less Important Than Defense of Rule

FINAL EXAM QUESTION 3 OPINION/DISSENT Task: Choose & Defend Rules for a Specific Legal Issue Take on Role of State Supreme Court Setting Rules for Lots of Cases While Deciding One Case Can Choose to Affirm or Modify Precedent; Must Defend Always 2 or More Lower Court Positions in Q as Starting Points Ideally Both Your Opinions Address Own Weaknesses Acknowledge & Address Problems w Own Position Address Other Side’s Best Points

FINAL EXAM QUESTION 3 OPINION/DISSENT Read Specific Instructions Carefully (E.g., Rev Prob 2F where Ainsworth S.Ct. granted review to decide two legal Qs): Compose drafts of the analysis sections of a majority opinion … and of a shorter dissent, deciding these Qs …. Both your majority and your dissent should address both of the disputed Qs and the dissent should disagree with the majority about both, even if it ultimately agrees with the majority about who wins….

Review Problem 2F(S44-45) Opinion/Dissent for Thursday State Supreme Court in Prior Case: Where Commercial Lease Required Landlord’s Consent to Transfer, the Landlord could not withhold consent Unreasonably; Did not rule on whether T could expressly waive this reasonableness requirement Lease Here: “Tenant may not transfer its interest in this lease without permission of the Landlord, which permission maybe withheld for any reason at all.”

Review Problem 2F(S44-45) Opinion/Dissent Arguments for Thursday Is Reasonableness Req’mt Waivable in Comm’l Lease? SEQUOIA: Yes if Arm’s Length Agreement OLYMPIC: Never Were L’s Reasons for Denying Consent “Reasonable”? SEQUOIA: In Comm’l Lease, Not Ltd. to Ldld’s Economic Interests OK to Deny Already-Rejected Tenant OK to Exercise Political Belief OLYMPIC: In Comm’l Lease, Ltd to Ldld’s Economic Interests Be Ready to Identify Problems with Types of Reasons Here

NEXT THURSDAY (3/2) Review Problem 2J(S57-58) Opinion/Dissent Arguments ACADIA/BADLANDS/EVERGLADES

REVIEW PROBLEM 2D ACADIA BADLANDS for Benjamin for Rebecca Acadia Sunrise NORBECK PASS

REVIEW PROBLEM 2D ACADIA for Benjamin; BADLANDS for Rebecca Possible Discriminatory Reasons for Rejection Religion (Not Jewish Enough) Inter-Racial or Inter-Faith Relationship Israeli ACADIA: Possible Non-Discriminatory Reasons?

REVIEW PROBLEM 2D ACADIA for Benjamin; BADLANDS for Rebecca Possible Discriminatory Reasons: Religion; Inter-Racial or Inter-Faith Relationship; Israeli Possible Non-Discrim. Reasons: Gen’l Rudeness/Attitude; Disrespect for Religion BOTH: Significance of Specific Facts? Rebecca Regularly wears Star of David Chris wears an earring in the shape of a cross Ben says “Black, Red, Green, Whatever. No Problem.” Rebecca says “Part of the reason I left Israel is so I don’t have rabbis watching everything I do.”

REVIEW PROBLEM 2D ACADIA for Benjamin; BADLANDS for Rebecca Possible Discriminatory Reasons: Religion; Inter-Racial or Inter-Faith Relationship; Israeli Possible Non-Discrim. Reasons: Gen’l Rudeness/Attitude; Disrespect for Religion BADLANDS: Other Evidence Supporting Discriminatory Reasons? ACADIA: Other Evidence Supporting Non-Discriminatory Reasons? BOTH: Stronger Position Overall? Because? I’ll Post Comments & Best Answers in Update of Info Memo #3 This Weekend