1. Eloisa C. Rodriguez-Dod Professor of Law Florida International University February 1, 2013

2.  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” 2

3.  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? 3

4.  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 4

5.  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 5

6.  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 6

7.  Foreclosure of property  Condemnation  Criminal activity  Owner selling property  Occupancy by landlord 7

8.  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 8

9.  Santa Monica, California ▪ Landlord desires possession  Collinsville City, Illinois ▪ Crime-free lease provision 9

10.  § 701(d)(1)  Landlord may terminate the lease if he sells the property  “No-fault” eviction? 10

11.  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 11

12.  Adopt Protecting Tenants at Foreclosure Act  Buy out tenants  Relocation assistance  Prohibit no-fault evictions  Tenant right to return 12

13. Eloisa C. Rodriguez-Dod Professor of Law elrodrig@fiu.edu http://ssrn.com/author=625247 Florida International University College of Law University Park, RDB 2071B 11200 SW 8 Street Miami, FL 33199 (305)348-3245 13