2-13-19 NATIONAL TORTELLINI DAY PROPERTY B SLIDES 2-13-19 NATIONAL TORTELLINI DAY

To Be Posted on Course Page Later Today Music to Accompany Federal Fair Housing Act: HAIR (Original Broadway Cast Album) (1968) To Be Posted on Course Page Later Today Info Memo Ch. One: More Comments/Best Answers; Student Qs & Answers Info Memo Ch. Two: Write-Ups of Rev Prob 2A & DQs2.01-2.06 Banks of Old Exam Qs 1, 3, 4 Next Few DF Sessions: Currently: Rev Prob 1M Lauren Today @ 9:40 Here Next: Rev Prob 2B (Brendan) Friday @ 12:30 Room TBA Next Monday @ 9:40 Here Then: Rev Prob 2E (Lauren) Next Wednesday @ 9:40 Here Next Friday @ 9:40 Here

Chapter 2. Leased But Not Last: Selected Issues in Landlord/Tenant Law The Importance of Context: The Landlord’s Right to Exclude (& Legitimate Interests of Tenants) Eviction Under the Florida Statutes (cont’d) Statutory Anti-Discrimination Law & The Right to Transfer Habitability & Related Issues

Review Problem 2A: Tim’s Party (Recap) Tim = Tnt/College Student (No Prior Violations of Lease or Statute) Holds Big Party at Apt.  Noise; Police Arrest 2 Friends Can Linda (Landlord) Evict Tim for the Party? First, L must show material violation of statute, lease, or rules EASY Q: Told to Assume Conduct Violates 83.52(7) Then, to Evict Immediately, L Must Show T’s Conduct Falls Under (2)(a); T Will Argue It Falls Under (2)(b), So He Just Gets a Warning Notice (Nothing to Cure Here). Both Parties Can Utilize Three Types of Arguments (Literal. Comparative, Policy) BUT Not Literal Here

Review Problem 2A: Tim’s Party Example of Common Statutory Problem Statute Creates Two Non-exclusive Categories; Into Which Category Does Tim’s Conduct Fit? Common Types of Argument for This Kind of Issue: Literal: Within language of either (a) or (b)? Comparison (Sub-Qs 1+2): More like terms listed in (a) or in (b)? [Characterization issue.] (III) Policy (Sub-Qs 3+4): Should this behavior (without more ) be enuf for eviction [Think about relevant interests of both Ldld & Tnt.] Not Every Statutory Issue Uses This Approach. E.g., Nothing in FL MW Statutes or FHA Creates Two Non- Exclusive Categories

Review Problem 2A: Q5 SKILLS & EXAM TECHNIQUE Strongest Argument (Q5): Helpful on Exams to Conclude a Discussion by Briefly Arguing Which Overall Position is Strongest To Substantially Upgrade Your Answers Do Overall for Short Problems (XQ2) Do for Major Contested Issues in Issue-Spotters (XQ4) Today Leave for You

Review Problem 2A: Qs 6 & 7 SKILLS & EXAM TECHNIQUE Additional Useful Facts (Qs 6 & 7): Often Helpful on Exams to Identify Unstated Facts That Might Affect the Outcome IF They Aren’t Inconsistent with Stated Facts; They Don’t Drastically Change the Problem. Here, e.g., Don’t add conduct that itself leads to eviction (int’l damage; murder) Don’t add facts that completely eliminate T responsibility (tied up in closet whole time; extreme duress) AND You Briefly Clarify Why They’d Be Relevant

Review Problem 2A (Tim’s Party) OLYMPIC (for L): SubQ 6 SEQUOIA (for T): SubQ 7 EEL GLACIER SEQUOIAS

Review Problem 2A: Qs 6 (Olympic) & 7 (Sequoia) PRELIMINARY Q: WHY IS “SPECULATIVE” A DIRTY WORD? Additional Useful Facts (and Why) (one fact per person please!)

Review Problem 2A: SKILLS & EXAM TECHNIQUE I have given this problem both as a short exam problem and as a written assignment in the multi-part format I gave you. I’ll Post Both Sets of Best Student Answers.

Florida Statutory Questions Like 2A (Prepare Literal; Comparison; Policy) Rev Prob 2B: DF Friday & Next Monday Rev Prob 2C: For You (Can Submit as Spring Break Sample Answer) Part of Tempest Problem: Week After Next Part of Exam QIV in both 2016 & 2017

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

ANTI-DISCRIMINATION STATUTES: OVERVIEW Federal, State, Local Statutes We Will Work Primarily with Federal Statutes Civil Rights Act of 1866 Federal Fair Housing Act Proof/Evidence Issues the Same Under Both (Friday/Monday) DQs 2.01-2.06 Help Show Coverage of the Statutes I Will Post Write-Ups of these DQs Right After Class in Info Memo on Chapter 2 First, Brief Intro to 1968

BADLANDS: DQ2.01-2.06 NORBECK PASS

FEDERAL ANTI-DISCRIMINATION STATUTES: INTRODUCTORY DQs (BADLANDS) DQ2.01. U.S.C. §1982 gives all U.S. citizens “the same right” as “white citizens” to own or lease property. Based on your sense of a reasonable interpretation of this statutory language, which of the follow people can sue to enforce §1982? (a) People denied housing because they are Latinos? (b) People denied housing because they are Jewish? (c) People denied housing because they are white? (d) A white person who loses their apartment because they have non- white visitors?

FEDERAL ANTI-DISCRIMINATION STATUTES: INTRODUCTORY DQs (BADLANDS) DQ2.02. The most fundamental provisions of the FHA are §§3604(a) and (f)(1), which prohibit discrimination in the sale or rental of housing. What sorts of people are protected by these provisions?

FEDERAL ANTI-DISCRIMINATION STATUTES: INTRODUCTORY DQs (BADLANDS) DQ2.03. What is discrimination on the basis of “familial status” under the FHA? Why might this be a serious problem? Why is there a special exception for this type of discrimination in §3607(b)? DQ2.04. The FHA prohibits discrimination on the basis of “sex.” In what kinds of situations do you imagine housing discrimination on the basis of sex most commonly occurs?

FEDERAL ANTI-DISCRIMINATION STATUTES: INTRODUCTORY DQs (BADLANDS) DQ2.05. §1982 of the Civil Rights Act of 1866 and §3604(a)-(d) of the FHA both prohibit certain types of discrimination in property transactions on the basis of race. Can you identify racially-based conduct that is prohibited by one statute but not by the other?

DQ2.06: Purposes of FHA Provisions(BADLANDS) (a) 3604(e): It shall be unlawful … (e) For profit, to induce or attempt to induce any person to sell or rent any dwelling by representations regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, color, religion, sex, handicap, familial status, or national origin. (b) 3604 (f)(3)(A) For purposes of this subsection, discrimination includes— (A) a refusal to permit, at the expense of the handicapped person, reasonable modifications of existing premises occupied or to be occupied by such person if such modifications may be necessary to afford such person full enjoyment of the premises

DQ2.06: Purposes of FHA Provisions(BADLANDS) (d) 3607(a) (a) Religious organizations and private clubs. Nothing in this subchapter shall prohibit a religious organization, association, or society, or any nonprofit institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association, or society, from limiting the sale, rental or occupancy of dwellings which it owns or operates for other than a commercial purpose to persons of the same religion, or from giving preference to such persons, unless membership in such religion is restricted on account of race, color, or national origin.

DQ2.06: Purposes of FHA Provisions(BADLANDS) (d) 3607(a) Religious organizations and private clubs. … Nor shall anything in this subchapter prohibit a private club not in fact open to the public, which as an incident to its primary purpose or purposes provides lodgings which it owns or operates for other than a commercial purpose, from limiting the rental or occupancy of such lodgings to its members or from giving preference to its members.

DQ2.06: Purposes of FHA Provisions(BADLANDS) 3603(b) Exemptions. Nothing in [§3604] (other than subsection (c)) shall apply to— (2) rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four families living independently of each other, if the owner actually maintains and occupies one of such living quarters as his residence. …  (1) any single‑family house sold or rented by an owner: Provided, That such private individual owner does not own more than three such single‑family houses at any one time… Provided further, That … the sale or rental of any such single‑family house shall be excepted from the application of this title only if such house is sold or rented (A) without the use in any manner of the sales or rental facilities or the sales or rental services of any real estate broker, agent, or salesman, …

RELEVANT FEDERAL ANTI-DISCRIMINATION LAW Protected Characteristics Transactions Covered Exceptions FHA §3604 Race, Color, National Origin, Religion, Sex, Familial Status, Handicap Residential Property Sales & Leases Smallholders, Senior Housing, Religious Organizations CIVIL RIGHTS ACT OF 1866 Race (Defined Broadly to Include Ethnicity) All (including Commercial Sales and Leases) None

Acadia: Review Problem 1P(i) Acadia Sunrise

Review Problem 1P(i): ACADIA Part of an Issue-Spotter Schmid-Like Speech Access Q Asked to consider complete denial of access and/or possible restrictions Can compare to Princeton or big malls re Nature of Physical Space/Nature of Invitation Can compare FF to typical mall protestors

Review Problem 1P(i): ACADIA Part of an Issue-Spotter Nature of Physical Space/Nature of Invitation Relevant Facts/Significance?

Review Problem 1P(i): ACADIA Part of an Issue-Spotter Nature of Physical Space/Invitation: Relevant Facts/Significance? Enclosed Courtyard Accessible thru Public Walkways Restaurants & Clinic Open onto Courtyard Hospital/Classrooms in Surrounding Bldgs Benches/Tables in Courtyard for Publlic Use Speakers & Musicians Allowed in Signs Reserving Right to Exclude

Review Problem 1P(i): ACADIA Part of an Issue-Spotter Special Concerns w FF as Speaker Relevant Facts/Significance?

Review Problem 1P(i): ACADIA Part of an Issue-Spotter FF as Speaker: Relevant Facts/Significance? Charismatic/Controversial Religious Figure Anti-Technology Matter if MMS run by a Mainstream Protestant Denomination?