landlord-tenant Tag

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Posted 16 Sep 2013 in Monday Morning Review

Here's how local governments fared in the federal courts of appeals during the past week. Eighth Circuit Brian Johnson v. Minneapolis Park, No. 12-2419 (Sept. 11, 2013). Finding that individual seeking to distribute Bibles during festival in public park is likely to prevail in his First Amendment challenge. See our coverage here. Ninth Circuit C.B. v. City of Sonora, No. 11-17454 (Sept. 12, 2013). Remanding for new trial and addressing qualified immunity issue under Fourth Amendment arising out of handcuffing and driving juvenile from school. Sylvia Landfill Trust v. City...

Posted 11 Sep 2013 in Case Notes
[caption id="attachment_89" align="alignright" width="300"]9th Circuit: Landlords do not have a viable constitutional claim against City housing program 9th Circuit: Landlords do not have a viable constitutional claim against City housing program[/caption] Your community’s housing conditions are in crisis. Too many landlords ignore codes. They disregard tenants’ concerns. And their properties are hardly habitable. But they continue to collect rent—from tenants with little capacity to protect themselves. So your local government fashions an innovative program, one that empowers tenants. It allows tenants living in troubled properties to withhold a portion of their rent and to use it for needed repairs. Landlords sue. They claim that your program violates their federal substantive due process rights. Do they have a winning constitutional argument? Not according to the Ninth Circuit, which ruled Monday in Sylvia Landfield Trust v. City of Los Angeles, No. 11-55904, slip op. (Sept. 9, 2013), that the City of Los Angeles’s Rent Escrow Account Program is constitutional.