HomeMy WebLinkAbout1973-05-15 CorrespondenceI am Fredo Hieronymus, Executive Director of Old Capitol Business Center Company. In line
with our,promise t&keeP the City Council and the Citizens of Iowa City informed on the
proGress of our group on our pion for our proposcl for the redevelopment of the entire downtown
Urban Rene,ual area, we ore pleased to announce the selection of Welton Beckett and Associates,
a firm of architects and engineers, to aid us and Link Programs in our "planning" phase of the
project. Link Programs personnel have made rapid progress on their survey to determine the�
marketability and feasibility of the project, including contacting local businessmen as to,their
needs for space in the newly redeveloped area. The results of Link Program's survey will be:
incorporated by Welton Beckett into the planning of our proposal for the redevelopment.
'They will a:'nalyze, a] I facts of environmental planning and architecture to develop the best
possible land use along the lines set forth by the project'goals of Urban Renewal. They will
help us establish a Program which outlines each clier.11's unique requirements and to conceive
a plan encompassing the equally important considerations of function, aesthetics and construction
costs. W I e I fon Beckett and Associates have designed in excess of 15 million square feet of stores
throughout North America. They have had extensive experience in Urban Redevelopment projects.
We feel that together we can conic forward with a proposal for the redevelopment of the entire
Urban Renewal area that will give,,Citions the kind of downtown that they will want to shop in,
work in, and will enjoy.
FH/1e
51151-73
7V
jil
'✓SII
• MINUTES
Iowa City, Charter Committee
May 2,,' 1973
MEMBERS PRESENT: ;Meardon, Cain, Knight, De Counter,
Davidsen, Ringgenberg, Welt, Corrigan
I'
MEMBERS ABSENT: Baldus
Staff Present: Rosenstein"
Chairman Meardon called the meeting to order at 4:10 P.M.
Mr. Corrigan moved that.the minutes of the April 24 meeting
be approved'. Mr. Welt seconded and the,motion-passed
unanimously'.
Mr. Corrigan moved thatlthe minutes of the April 25 meetint,
be approved. Mr. Welt seconded and the motion carried
unanimously'.
Mr. Meardon presented the Charter Committee with a letter
to him from Mr. Jay Honohan,,the City Attorney. (Attached)
Mr.. Meardon stated that City Council has approved the
Charter Committee's request to secure the services of a
legal consultant for an amount not to exceed $500.00 and
to hire a lega: assistant to do research for a limited
time on the basis of $3.50 per hour: Mr. Meardon stated
that there can be no hiring,retention, agreement, or
whatever;of anyone without the express approval of the
Council:
Mr. Meardon stated the Charter was nearing completion
and that the sub -committee reports should be coming now.
He stated that the Charter should be completed in the
next few weeks. Mr. Rosenstein asked the Committee
how it wanted to present the Charter to the Council,
specifically mentioning the need to, prepare a cover and
to 'decide upon,a„.format. Mr., Rosenstein stated that
if the Charter'Committee decided to use the printing
facilities that the City uses for its reports, it would
cost aboutl$25. ,Mr. Rosenstein also asked for authoriza-
tion to begin writing a draft of an introduction to the
Charter subject to Committee's ,approval. _Mrs. Davidsen
stated that she knew of a professional artist who was
willing to volunteer his time in drawing a cover for the
Charter. The Committee directed Mr: Rosenstein to prepare
some ideas on the cover and the presentation and to
• report back.
i.
Iowa City Charter Committee
•'
Minutes -May; 2, 1973
Page 2
Mr.'Meardon'suggested that at the next meeting the
CharterCommitteefinish the powers and duties ofs
the Council and Manager and submit a copy of those
sections to'the Council and the Manager for comments.
He state& that this, should be done to see if there is
something in the powers and duties section which -would
be unworkable.- Mr. Corrigan stated that "this 'would be .
a good idea as long as the Charter'Committee was not
bound to these opinions. 'Mr. Corrigan moved that the
Chairman be givenauthorization to'submit 'copies of
the sections on the powers and duties of the Council
and'the Manager: to members of the Council and to the
City Manager for their comments. Mrs. Cain seconded
and 'the >motion passed unanimously.
Discussion was next'held on whether to hold a Public
"Meeting on the finaldocumentbefore it is submitted
to Council. Mrs'. Davidsen stated that she did not want
to hold one but instead the responsibility for present-`
inglthe Charter to the public should rest .with the Council
and'the Charter. Committee,.jointly. -'Mr. Corrigan stated''
that: there 'should 'be'another Public Meeting because the,
Charter. Committee, has never formally; presented the idea of,:
districts',, Boards and Commissions,°the Community service
officer, or limitations on campaign expenditures to the,
public for 'their reaction." No decision was made on this
subject.
Mr. Meardon stated that the Charter Committee has not
talked about whether, when the Charter is put: into effect,
the 'three 'hold -over Councilmembers should be allowed to
complete -their -terms before having ,to run for re-election.
He stated there is both the legal question of whether it
can be done andthe policy, question of whether itllshould
be done. He stated that if this was`.done,' a, majority of
the Council would ,still be 'elected this year. Mr'. Welt
stated that the incumbents should be allowed to finish their
terms.'" Mrs. Cain stated',that there:would be 'a big problem
in working out the mechanics"of this process for '1973. Mr.,
Corrigan asked whether, this would in effect be appointing
three people to;the Council. Mr. Meardon stated that the
enactment of the new Charter without this provision would
mean that three 'elected representatives are gone. Mrs.
Davidsen stated that this happens all the time, i.e.,`re-
districting. Mr. 'Corrigan stated that the two sides of
the politics of the issues would be (1)running the risk
of opposition by the incumbents, and (2) running the risk
•
of`o opposition b the people who want ',to,use the enactment PP Y P P
of a Charter to get the present 'Council out. Mr. Corrigan
stated that he,thinks ;the 'three hold-over'Councilmembers
well represent the City, and that it would make for a smooth
transition. Helstated that he would favor doing it, if it
,
Iowa City Charter Committee
Minutes -May 2, 1973
Page 3
were legal. M
g r. ,Rin enber stated that t it might be
9 g
possible to do it because there is no detail on the
transition to a Charter.and since it's not covered by
state law and if ''it's in the Charter a nd;approved by
the voters, it would be hard to prove it illegal. Mrs.
Davidsen stated that she felt it would be illegal be-
cause it would be carrying vestiges from one form to
another. She also stated that it'would 'be protecting
people instead of starting clean. Mr. Meardon'agreed
that it would be protecting people''but,,that there has
often
e been(a carry - over of;present'people, i.e., the
J.P:s. No action was taken on this question.
Mrs. Davidsen announced that the sub -committee on Boards
'and
Commissions � would have a report in on May 8.'; Mr. ,
Meardon announced that„the next Charter Committee meeting
would be at 8:00 P.M. Tuesday, Mayi8, 1973, in the Council
Chambers. Mri Meardon?'announced atPthat ;time the Committee
would also discuss the sections on 'initiative and referendum.
Mr.-Meardon stated that up to this week the Charter Committee
has formally met 34 times for an estimated 72 hours and an
estimated ',554 person -hours was'devoted to`these'imeeings. He
stated that this 'does,not,include sub -committee meetings or
personal time devuted.'
Discussion was next held on Section 2.12'Prohibitions and
the recommended provisions by the sub -committee', on the 'Mayor
and City Council.' Mr. Ringgenberg moved that Section 2.12
(a)' read -as follows: "No Councilmember shall hold any other
- City office or be! a City or County employee while serving
on ,the Council nor hold any remunerated City office or employ-
ment for at least one; year, after leaving the Council.", Mr.
Welc seconded the motion. ,Discussion was 'held on prohibiting,
County, employees from serving on the Council and it was felt
that this would prohibit a,'conflict'of interest and .would
not exclude very many Ipeople from serving on the Council.
The motion carried unanimously.
Discussion next centered on Section 2.12 ,(b). Mr. Corrigan
stated that the Council should not have the ability to stop
a removal of a -City employee by the Manager, norforce an
appointment. Mr: Ringgenberg,stated 'that this provision
shouldn't be in the Charter because', as a practical matter,
there was no way of controlling this. Mr. Corrigan stated
that he was concernedabout patronage and that there should
be something in the Charter; to tell the Council and the public
•
that the Council can't interfere. Mr. Welt moved that Section
2.12 read, as follows: "Neither' the Council nor its members
shall dictate in any manner, the appointment or removal of
any City employee appointed by the 'City Manager, but the
if
!''
Iowa City Charter 'Committee
Minutes -May' 2, 1973
Page 4
Council may express its views0
to the appointment removal t L!,,;! City Manager pertaining
or l of such.employees.01 Mrs.
Davidsen seconded and the motion carried
unanimously. S.
Mr. Rosenstein stated that the referen ce to an officer
�appointed by,the City Manager was removed by the sub-
committee on the Mayor and City council because there
is no City officer appointed by the City manager who is
not also a City employee. Mrs. Davidsen moved that the
"Officer
words, or" and, "except through the City Manager,"
be,deleted from Section
2.12 (c) so that it would read,
"No Councilmembers shall interfere with the
supervision,
direction, or 'control of any City employee appointed by
ounder the control of the ,,City Manager." Mr. Welt
seconded and themotion carried unanimously.. Mr. Ringgenberg
I
.moved
that the word, "person," be substituted for, "City
employee," in Section 2.12 (b) and '(c).This w ording would
be
�all inclusive. e
Mr.: De Counter seconded,`and the motion
passed unanimously.
Mr." Welt moved that the words" "Ceremonial Head," be stricken
rom Section 2.06, Mayor and instead read, "the official
representative Thus, the,second paragraph of Section 2.06
would read, 1"The Mayor,shalltbe a voting member of the Council,
the, official
representative of the City, presiding officer
of the council, its
policy spokesman, and shall present to
the City no later than February 2 1 8; an
anrual State of the
City message. The Mayor ma Y, sign, veto, ortakeno, action
on
an ordinance, amendment; or resolution passed by the Council
in the manner provided by.State law,." Mrs.. Davidsen seconded
the
and motion carried seven:for and one Against with Mr.
Ringgenberg voting against.
The meeting was adjourned at 5:25 P.M.�
CITY OF IOWA CITY
Office of City Attorney '.
(310).337.0605
April 27,•1973
William L. Maard m
Chairman of Charter Committee
Civic Center
Iowa City, Iowa
52240
Re:, Ward -Precinct Lines '
Dear Bil:
l would like to call your attention to an Attorney General's Opinion
which was issued March -20 „1973, of whichI have received a'summary
through the City Attorney's Association. It'indicates,"The City of
Davenport, a,special charter` city,; may not eliminate' election;, precincts
altogether nor may it establish precincts for municipal elections dif-
ferant from those established for other elections.",'
The reason I call this to your attention is that it may be of some
relevance to the work that you :are doing in connection with wards, pre-
cincts or districts. Also, it appears to be in conflict with my own opinion
about the establishment of precincts for municipal elections under the pre-
sent law: As soon as I have a'copy'of,the opinion' itself, I will review it
and talk to you about it. I did, however, want you to know that it ;does
exist.
Very truly yours,
Jay H Honohan
Cir.: /rnrnav
May 16, 1:973
b >$fa4es ,$cnaie
WASHINGTON. D.C. 20510
Play 11, 1973
The honorable'
C. L. Brandt
City Of''Iowa ,City
Iowa City; Iona
Dear Piayor:
Thank you for contacting me regarding the use of Ilighway Trust
Fund for the construction of fixed -rail mass transit systems.
r introduced
As you ,may know,; Senators Pluskie,and Bak,ovidedat}ladment
to the Federal -Aid Highway Act of 1973 (S. 50-) which p
funds authorized Zor the Urban liighway `Sf1Ye,-rail if,y
should be available for construction '
and only if, a state or city finds such construction best meets its
transportation needs. Tile Senate accepted this amendment by a vote'
of 49-44. Of course, the House would have to concur in this matter
before the provision would become lata.
te for After much deliberation$ I decided to vounderstanding cloncerning the
Cz
been as b e
h c
As there could like
t. I
1
dmen Iowa, amen on I ,
e t
a din its
effect
amendment, and especially reg r g
to briefly outline my reasons for taking this action:
This amendment does not in 'any way, alter the allocation of
1. Tl rural road systems.
u ds between
urban and
f n
The amendment does not mandate the spending of a single dollar
-
on fixed -rail mass transit. It does not force cities or
facilities for highcaays; it
states to substitute mass transit
merely gives them the option to do so.
ls
amendment can in no way result in a reduction of to Sato
• e a unds y
3. sh of our f
r any share of highway funds, icor are Y
he spent on fixed
Systems are only �einlg considercdmass iby'fifteent within hors'twenty of.
in
largest metropollitan areas in the nation, and would not, at
iod
the foreseeable', future, be applicable to Iowa's trans
needs:
4, Just as Iowans 'do not want their trm
Jutsyortation policy dictated
Jubv the people of urbanAluerica,'neither'do they want, I believe,
to dictate to the people of urban Amorici howtheir highway trans-
portation funds shall be used.
As President Dixon painted out in his recent environmental message
to the Congress, opening the Highway Trust Fund would give the communities
alernatves
of America the, option they
ossible traneed to nsportatioalance n systemle various fort
theirjarea.
When planning the best p
Continued
f Lew OrriccB -
FREEDSc SLAI]EK
504.7 JOVIA STA,u BATIK BLOM
IOWA CITY, IOWA
ARCA CODE YO
WI I.LAR D M. FREED 52240
IJOIIN n: $LAOCK May 9S 1971
Mayor and City Council
City of 'Iowa City
Civic Center
rIowa City, Iowa 52240
Gentlemenc
Pat Moore Construction Company purchased the following
descaed real estate, to -wit:
Part of Lot 7, 11ount Shrader Addition,Iowa City, Iowa,
more fully _
ci
'described as follows:, Commen ngat ,the, i,
'
northeast corner of the said Lot 7; thence -S 89,deg.
59 minutes,, 30 seconds W. 42310 feet' along ,the .south
g
line of Washington Street to .the point of beginning;
thence S 0 degrees 17 minutes30 seconds W, 260x25
feet; thence 'S 89 degrees h8 minutes 30 seconds W,
220.00 feet to the east line of. Washington' Park
Street; thence N 0 degrees 17.minutes-30 seconds,E,
260.95 feet along'' the east line of Washington Park
Street to the south line of Washington Street;,thence
N 89 degrees 59 'minutes 30 'seconds E, 220.00 feet along
the south line of ''Washington Street to the point of
beginning,', subject to '',easements and restrictions of
record.
from Saint Mark's; United Methodist Church of Iowa City,',
Iowa'.
As a part of the purchase, it was understood and agreed
that Pat Moore' Construction Company would pay their,
portion of 'special assessments laviedlagainst the above
described property and other property. The special
assessments have now been spread on the books of the
County Treasurer of Johnson County, which includes this
property and other property owned.by Saint Mark's United
Methodist Church of Iowa City, Iowa.
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it-
May 211973
Mr. Richard Burger
President',': Chamber of Commerce
P.O. Box6783
Iowa City, Towa 5224n
Dear Mr. Burger:
The City Cotmcil received your letter concerning the several
recommendations from the Chamber Board on Transit and Regional
Airport Planning at their May 15, 1973 meeting. The Council
appreciated receiving these several recommendations from the
Chamber Board and asked the Staff to send copies to the
Airport Conunission, Coralville','University Heights, the
University of Iowa, and the Regional Planning Commission:
We therefore have sent copies of your Boards recommendations
to these other agencies for:their review.
Thank you for submitting your comments to the Council. with
my best regards, T am
Sincerely,
V
Thomas TI. Palmer
Administrative Assistant
TRP/cIb
Mr. Elliott ,Full, Chairman
Airport Commission
11 7th Avenue
Iowa City, Iowa 52240
Dear Mr.. Full:
r, '
Enclosed is a l
letter which the 'Icn.a City City Council received
at their May 15, 1473,Council meeting. The letter is from the
Iowa City Chamber of Commerce and containsseveral
recommendations on Transit and 'Airport Planni.na.
The Council asked the 'Staff to provide copies of ;these
recommendations to loii for your information.
Sincerely
Thomas "R. Palmer
Administrative Assistant
THP/db
TTIP/db
Mrs. Helen Bourgeois, City Cler}:
City of Coralbille
405 2nd Avemvi
Coralville; Iowa 52241
Dear Mrs. Bourgeois:
Enclosed is a letter which the Iowa City City Council rt:!ceived
at their May 15, 1973 Council meeting:The letter-is'fron the
T.owa City Chamber. of Commerce and contains several
recommendations on Transit and Airport Planning.
The Council asked the Staff to provide copies of these
recommendations to you for your information.
Sincerely:
ince el
Y
Thomns 11.!Pnlmer
Administrative Assistant
TAP/db
Dear Sir,
An a longtime property owner and resident of'New-ton Road, I presented
a petition signed by 95% of the neighbors requesting, that all narking be
taken off of newton Road from the intersection of 'WoolIf Avenue,,wesL'to
Highway 6
g s
Y As stated in 'the petition, this is a
narrowrow street with
three; bus routes, as well as an ambulance route to the emergency rooms at
University Hospitals. ;Also, ,cars narked along the north side of Newton
Road have proved to be a major obstruction to residents leaving either of
two aid=. streets, Lincoln and Valley av=nu-s,as well as resid,nts leaving
their driveways. It is virtually impossible to Pet out of our driveway
because of cars narked along the side of the street. ".A person had to
rresp out cautiously almost to the center of the street, and then may have
to back suddenly to avoid getting hit.
I
was advised that after considering the'potition the Council had
agreed to nrohibit parking, only in two small areas, one area being a
stretch of road fifty feet west of Lincoln avenue, +md nnother one ;ging
the area fifty @Ret west of Valley Avenue.
Inasmuch as there is a 600 snaoe parking lot adjacent to the new
Dental Science Building,'', we feel that there is no need for this obstruct-
ion to exist.
Iso =
with Mr.
Pk.. Hu nz� '
.neer on the phone Friday morning, and he had
said that v
acinus�
ro
omin„ hrnrs,s and hotels were operated in this :,rna,
and that this might have'had some b=aring on the decision that the Council
had made, However, I feel that since these people are doing this, that
they should provide their customers and guests with this facility, and
not obstruct the view of motorists. I know that there are rertai.n laws
gannnn R I I!ueffl.n t,;•, wliIl ir+ npruIdnrt'nl.
and ordl ptovnrninp, the Harkin of hnt,nl,
houses, and these state that hhe owner must, orovide narktnr,, i'or'the patrons.
lbs parking spaces that would be involved in taking, parking off in front
of rooming houses would not be mors than six or 'eight,, and the advantages
' S I
4
of taking the parki ,.off will benefit 'a lot more pe a than'at present. "'tl
Also, and especially thp,'wintertime and early snring, the cars narked
along, the north side of Neuton Road make it impossible for street cleaning
nouinment and snow, removal plows do do their ';jobs.
At present, in the 900 and 1000 blocks of N-wton Road, cars are
parkeci nvery which way, and often park doubler As the vast majority of
the parkers are hospital workers and others of this nature, and that they,
are provided with narking elsewhere,! He see no need for narking to be
allowed in said area any longer.
In �onrhisionlet m say a that
we aonreciate what has been done to
heln alleviate the nroblem, but feel that if parking were prohibited
+11 ?longi the ;north side of said street, that the situation would be
a much'sa�er one, as well as helning',clean off the streets. I ask you
to reconsider the situation, and opinions of the neighbors who signed the
netition. The ti -+e and labor in nutting, up a few signs might someday
nave someone an annident, or even allife.
ituation and as a request of
The ,above are'ny feelings about the s ,
my own; I would esoecially like to see narking, discontinued in front of
m nronerty (8111), and in front of Mr. Roy McGinnis' (622 and 830). As
w- were both: signers of t1e original netition, and because of the fact
that we are the only oronertv owners for this on- blork section, I`see
no reason why this cannot be done.
Respectfully yours.
814 Newton Road re
V 1
t
,i
r
I
CITY OF IOWA CITY`.
• � y
Office of City Attorney
May 4, 1973 (sia) 337-9605
The Honorable, Mayor and City Council
City of Iowa 'City
`Civic Center
Iowa City, Iowa 152240
Re: 'Proposed Tenant -Landlord Code
Gentlemen:
You have requested from me an opinion and comments on the Proposed
Tenant -Landlord Code, presented'to the',City'Council by Councilman, Czarnecki.
I must apologize in 'advance for'the length of this opinion, but;, in view of
soma of the remarks that have been made recently in connection with this
Ordinance, when the Low -Rent Housing Commission:' recommended against 'it, 'I
feel that the opinion should be carefully documented. In preparing this
report I have had the assistance of James Hess, and a'memorandum done by
a research assistant from the Law School. For documentation of^this opin-
ion, for those persons interested, I would refer to the authorities cited
in the additional page attached to the end of this opinion. These are the
primary authorities relied upon for this opinion, but I would hasten to `,`add
that these would not be the sole -authorities"that I have used. i', Many of the
additional authorities are contained in the articles cited and a great', deal
of this opinion, of course, is based on my prior experience in the field of
municipal law.
For convenience, I would first like to present some general comments
about re,,^,ulations of this type, as to the legal 'validity and policy consider—
ations and the rationales involved.! For convenience,,I would like to frame
some of these early items in the form of questions and answers so that there
will be less confusion resulting from this opinion.
1. Does the City of Iowa City, Iowa, have the authority to adopt an
ordinance regulating rights of landlords and tenants?';
There is no question that the City of Iowa City, as does any other'
municipal' corporation in the 'State '!of Iowa, has a great deal of power to
enact ordinances which''; affect the 'rights of landlords and tenants, the
occupancies of rental units, the constructions of rental units, the keeping'
May 8, 1973
Honorable'Mayor and City Council
Re: Proposed Tenant -Landlord Code
of peace and order in residential units, and generally the health of the
tenants occupying rental units in the City. At the present time, the
City of Iowa City has enacted a variety of ordinances which are presently
being enforced in the areas mentioned above. By way of illustration, the
City of Iowa City presently has in the ordinances of the City, that affect
the rights above mentioned, such ordinances as the fire protection code,
the building code, ordinances relating to nuisances and garbage, the zoning
ordinance, wherein it relates to multiple housing requirements, many of the
police ordinances which regulate personal conduct throughout the City, dan-
gerous building codes, mechanical codes, the electrical codes, sign regula-
tions, the large scale residential development ordinance, the human relations
and anti -discrimination ordinance and a variety of other ordinances, which
affect, in one way or another, the rights, liabilities, and responsibilities
of both landlords and tenants. I might add that the bulk of these ordinances
are designed and do attempt to establish the standards believed reasonable
for the protection for people who reside in these rental units.
2. Does the City of Iowa City have the authority to adopt an ordinance
which conflicts with provisions of;,State Code Sections relating to the rights,
duties, obligations, and'liabilities of landlords and tenants?
Even under Home Rule, the City of Iowa City does not have the authority
to enact an ordinance in the area of tenant and landlord relations, which is
contrary to specific provisions set out in this area in the state statutes of
the State of Iowa. This principle has been affirmed in Heubeck v. Baltimore,
and FTB Corp.' v. Goodman, Maryland and New York cases, which both held that
as enacted:a law governing the eviction of tenants that the
where the State h
City cannot enact any,ordinance which sets up provisions contrary to those
specified in the state statutes.
3. Does the City of Iowa City, Iowa, have the authority to enact an
ordinance regulating rents? IAre there any requirements which must be met
before rent regulations may be established?
In my opinion, the answer to the first question in this, paragraph is yes.
I do believe that under the Home Rule powers granted under the state statutes,
that the City of Iowa City does have the power to establish rent control ordin-
ances, assuming that certain requirements are met. I do not think that the
City needs any enabling legislation other than the general Home Rule Act to
have the authority to control rents. I believe that the case of 1jeubeck v.
Baltimore, cited previously, is authority for this propositions, and I believe
it is supported by several other cases that I have researched. I do not agree
with the case of Miami Beach v. Fleetwood, cited with my authorities, and I
f the State of Iowa, if such
do not believe that the case would be the law o
a case was presented here, solely on the question of the authority to enact
such an ordinance.
-3- • •
May ,l
Y s , 973
Honorable Mayor and City Council
Re: Proposed Tenant -Landlord Code
I do think that it is also very clear, as a result of several cases cited
hereafter, that before the legislative body may enact a rent control ordinance,
that it must establish that there is,an emergency existing which required the
exercise of the police power in the area of rent, control. 'I have found no
authority to dispute this proposition. The City Council must ',determine that an
emergency situation exists. The usual presumption in favor of the legislative
act of the Council, declaring that an emergency situation exists, arises;
however; this is only a presumption and may be overcome by proof. The fact that
them is an increase in the cost of living is not sufficient to justify rent'con-
trols. A low -vacancy 'rate can establish an emergency situation which would
authorize the establishment of rent controls, but it has been held•that a vacancy
rate of 3.4% for the City is enough to overcome the presumption of an emergency
as to, the number of rentals available. As authority for the above comments I
refer to the following: Chasteleton Corp. v. Sinclair, LeyyLv. Siegel, Woods
v. Miller, Heubeck v. Baltimore,<Hawaii'v. Akase; Warren v. Philadelphia,
American jurisprudence, McQuillan on Municipal' Corporations, :American Law
Reports, and Sheperd's Ordinance Annotations. '(The specific',citations'examined
are shown in the list of authorities.)
4. What are the tests generally used by the Courts to determine whether
or not a city may establish regulations' under its police power in the landlord
and Lenant area?
In order to establish regulation under the police power of,the City, the
power through which the City may regulate the '',landlords and tenants, the
City must establish that the particular regulation or rule is 'serving a legiti-
mate public purpose. This public purpose must, be such as to enable the City
to establish regulations which might 'conflict 'with and override the freedom'
to contract, etc. Put another way, there must be some public purpose which is
so overriding that it allows the City to restrict the rights of its citizens.''
I believe it will be helpful to keep this kind of legal point in mind when we
consider some of the specific regulatory acts lwhich'are being proposed in this
Ordinance.
5. Is the idea of: rent withholding legal in the State of Iowa? Are there
any current statutes or regulations in this area at this time, and what, if nny,
are the tests that must ',be'met in this particular point?
Based upon the holding of -the Iowa City Supreme Court case in Burlin L -on
and Summit Apartments v. Manolato,,it is my opinion that pursuant to Chapter
413 of the Code;,of Iowa; rent withholding is legal in Iowa if the premises do
not have a certificate of occupancy. It would appear to me that this section
of the State Code has preempted the field in this area, and that rent may be with-
held on the basis of non compliance
'
with a certificate of occupanc;'only. I have
examined and researched this area and have particularly examined the cases cited
in the American Law Reports in Vol. 40,and am reasonably convinced that there
A 1{•ll
-4-
May 81'1973
Honorable Mayor and City Council
Re. Proposed Tenant-Landiord Code
must be something, like the lack of a certificate of occupancy, or a finding
that the premises are not 'habitable or some other certificate or determination
of noncompliance with minimum housing standards before the rent can be with-
held under Iowa.law. Once that finding has been, made, I am convinced that
rent need not be paid and that no ordinance is needed to establish this. I
believe it might be possible for the City to pass an ordinance which might set
up procedures to be followed to implement the provisions of Chapter 413, but I
do not find them necessary under the state statutes and the Fianolato case.
6. May the City of Iowa City establish a commission to oversee study
and arbitrate matters in the housing area? It has always been my opinion,
since I have been City Attorney of Iowa City, that the City Council may
establish advisory committees and commissions to help facilitate the operation
City's govern
of City government andi,to increase. citizen participation in the
estion'in my ',mind that the City may establish
mental operation. There is no qu,.
some 'sort of a commission or committee to assist the. Council in this area. The
problem that 'arises in,this area is what, powers, responsibilities, andduties
"
are given to this commission, because, as would be understood, the commission
may not have powers or duties that conflict with either City or State law.
PROPOSED TENANT -LANDLORD DRAFT
Keeping in mind some of the above generalizations, I would like to now
run down some of the points of the Proposed Tenant -Landlord, or Landlord -
Tenant Ordinance, as it is called. Although Mr. Hess and I have gone over this
Ordinance section by section, it does not seem to me, for the purpose of this
opinion, that I'should discuss each and every section in the Ordinance. I
would like, therefore, to make some general ',comm ents about the Ordinance for
the consideration of the Council. If the 'Council did wish to 'spend the time
going over it on a section by section basis, we would be happy to do so.
Initially, the Ordinance 'runs afoul of various state statutes ,governing
things,'that the proposed Ordinance attempts to govern, which are in conflict.
Eviction is governed by chapter 648, and as I'have previously noted in both
Maryland and New York where this matter has been presented, the State law must
control and must be followed. Therealso appears to be conflicts with ,Chapter
562 of the Code of Iowa,' which deal with payments to persons other than the
leasor and a month-to-month tenancy. There's also possible conflict with
Chapter 646 of the Code of Iowa as the recovery of real property by ,the owner
thereof, as against a tenant. There are additional other sections which appear
to conflict with some existing statutes, and it It that the drafters of
this Proposed Ordinance were either not aware of the specific ,law relating 10
these conflicts, or at least did not consider it in their draft.
-5-
May E, 1973
Honorable Mayor and City Council
Re: Proposed Tenant-Landlord Code
Another area that raises doubt about the current Ordinance, is that much
of its language does not appear to be specific. The Council is aware that
when drafting ordinances, one must make the best effort possible to avoid being
ambiguous. An ordinance of.this type must be fairly specific in setting up
its guidelines. For example, in Section VI, the definition of defective
tenancy uses such language as "unjust, unfair, and substantially impairs." The
defective tenancy definition is extremely critical to this entire Ordinance,
and allows a'multitude of actions based upon the happening of a defective
tenancy, and yet., the definition itself is, at least in my mind, subject on
its face to an attack for vagueness. What is unjust? What is unfair?
These terms mean different things to different people, and they do not describe
anything specific, in my opinion, when you determine, in a later section, that
the fine may be levied for defective tenancy to the extent of $5,000 (whichis
invalid under Iowalaw).You get a picture as to the failure of standards used
by this kind of language.' It is also worthy of note that another definition
in Section VI brings in common areas under the control of the landlord in
defective tenancy, and there is no consideration of the cause of the defective,
tenancy or any other matters material in establishing it.
The problem presented by the Ordinance as to lack of due process is lack
o I
of procedures designed to protect the par I ties who are subject to its:regula-7
tions; and the arbitrary time periods selected without reference to the magni-
tude either way of the problem. Throughout the Ordinance, the tenant may
makeunilateral decisions based upon his own subjective idea as to what a
defective tenancy is, and terminate the lease,'c row his rent, and make repairs,
upon his own motion. There is a clear trend in the present law that it is a
denial of due pro liens, y, evict tenants,
cess to execute repossess propert
seize or impound funds or property, without a hearing. It appears that the
Ordinance does violate procedural due',process in many regards.
One other troublesome area in the Ordinance is its inclusion of a great
many sections which restrict contractual rights, in which place, for the most
part, burdens or restrictions on the owners or landlords. The public policy
arguments that would support many of these provisions are not readily apparent
to me. For example, the lease contains a provision allowing each tenant a
ten day grace period In which to pay his rent. I suspect that if this'were
the case, all leases.would render it meaningless by requiring the ventito be
paid on the 20th of the month; but in either event, I do not seem to think that
there is any public purpose for this kind of clause, such as found in insurance
policy contracts as regulated by the State. I also wonder about what public
purpose or public policy is served by allowing tenants, as does Section IS,
subparagraph B (4) which allows a tenant to terminate a lease on 30 days
written notice due to change or transfer of employment out of the area, or
situations beyond the tenant's control (?)'such as, but not limited to!, illness,
-b-
-May S, 1975
Honorable Mayor and City Council
Re: Proposed Tenant -Landlord Code
death, or change in marital status. Ir is not entirely clear to me, but it
appears that when a student is out of school in May and goes; home for the
summer, that under the stipulation lie could discontinue or terminate the lease.
I'am not sure what public policy is served by this clause that would be 'great
enough to allow the impairment of contracts.
SbMHARY AND FINAL 'CONCLUSIONS
IC has been reported that the proposed Tenant -Landlord Ordinance! is
basically like 'a uniform Landlord and Tenant Act. I have a copy, and,have
examined, the Uniform Landlord and Tenant Relationship Act under draft date
of March 27, 1972. It has been reported to me that this is the Uniform Act
being, referred :to. So that no confusion'' arises, the Uniform Act, and the
Proposed Landlord -Tenant Ordinance appears.to'be more dissimilar than'they are
similar. As the Housing Commission has already pointed out, one, of the chief
problems with the proposed draft that has been presented is that it is not an
even 'ordinance balancing the rights and interests of both tenants and the land-
lord. It is heavily weighted in favor of tenant. The tenant is provided with
the power to make a great many arbitrary decisions` without standards or guide-
lines. based upon which he can unilaterally, without hearing or the normal due
process requirements impose upon the 'landlord what is for all practical
effect,`a penalty:
The"rent control�porticn of the Ordinance probably ,could not stand the
test of a court case for twohreasons; the first being that there is probably
no emergency existing', which would justify rent controls in this community, ,and
secondly, that the guidelines for the establishment of rent controls as to
their amounts, their effect,'etc. appear to be insufficient. It is not clear
to me, for example, whether the rent 'control sections are designed to prevent
rent increases, or would allow the Commissioner to go into a multi -residential
district and determine rent should be lowered. I have found no cases or
authority which would support'apower in the Commission to lower rents, which
were In esistance prior', to the adoption of controls.
It is apparent from the draft that the drafters of this Ordinance wish
to give a variety of, powers to the tenants. To, in effect,; swing the pendulum
from what they consider to be the dominance by the landlord: to dominance by
the tenant. The very; sections through which the 'drafters attempt to give this
power to the tenants are for the most part, those; that are highly questionable.
This Ordinance,, as drain, contains certain' sections: which are clearly valid i
and many provisions which are 'already covered by other sections of State andl
City law.
Respgctfully submitted,
Jay H' Honohan
t
'CiY Attorne
I
Y
r�
JHH:sb '
I
The rSpecial Commit tee of the
Johnson' County .Bar ;Association for the
Study of the Proposed Tenant Landlord Code
May 15 1973
The'Monorable Mayor and City 'Council
City of Iowa City
Civic Center
Iowa 'City , :Iowa S,2240
Re': Proposed Tenant -Landlord Code
Gentlemen;
I'll e Special Committee of the .Johnson County': Bar
Association for the Study .of the 'Proposed Tenant' -Landlord Code
hereby ,makes a.ureliminary report on the,,proposed ordinance.
This report hast;not been submitted to or considered by the
County Bar Association as a whole and in, no way represents the
opinions, of any p:ersons',other than the majority of the special
committee':
The
,committee has examined the Proposed Tenant -Landlord
Code, various 'drafts of the proposed Uniform Residential Landlord
and Tenant Act oil which ,the proposed ordinance is purported to be
based and the ,letter opinion of the City Attorney dated May 4,
1973. At this point in our study w'e have been concerned
primarily with the proposed Uniform Residential" Landlord and
Tenant Act. The Act is based upon a'project of the American'
Bari
:Foundation which promulgated a'tentative draft of a model
residential landlord -tenant code. The original name of the
Act'was the Uniform Landlord, and Tenant Relationship Act but
this was '.changed 'to Uniform Residential Landlord and Tenant Act
in August 1972.': One reason for the change was to make clear
the intention that the',Act did ,not purport to apply to commercial
leases. The American Bar Association Subcommittee on the Model
Landlord 'and 'Tenant Act of Committee on Leases first ''became' active
with regard to the Uniform Landlord and; Tenant Relationship, Act .in
March 1972. The Special Committee on the Uniform Landlord and
Tenant' Relationship Act and its Advisory ,;Board met in March 1972
and heard, representatives from landlord and tenant groups to discuss
the second tentative draft of the act dated Marcn 1972. Among those
heard we:rc representatives of the Pennsylvania Attorney General's
Office, National Association of Homebuilders, National Association
for Advancement of Colored People, National Housing and Economic'
,Development Law. Project, United States 'Savings and Loan.League,
,National' Association of Real Estate Boards, Institute of Real
The Honorable Mayor and City Council
:Page 2
Estate Management, National Tenants Orgailization,.National Tenants
Information Service, and representatives from the academic world.
Additionalldrafts of the act followed further hearings. Oil August
10, 1972, the fifth and final draft was presented to the National
Conference 1 of Commissioners oil Uniform State Laws which was amended
further and approved by the National Conference and submitted for
approval to the American Bar,Association on January 31, 1973. The
report of the subcommittee at the meeting of the American Bar
Association in Cleveland in'February, which contains a copy of
the proposed draft is attached hereio. This report states in part
as follows:
"The stated purpose of the drafters of the proposed
Uniform ResidentialLandlord and Tenant Act is to simplify,
clarify, modernize and revise the law governing land ' lord-
tepant,relations_ The far-'reacliing:reforms which are
contained within its provisions prompt some to pointout,
however, that the underlying purpose and general attitude
of the Act would appear to be to"legislate a balance in
the bargaining positions of thd landlord and tenant in
the residential field This gives rise to the claim by
some that questions of landlord and tenant rights are too
political and not suitable for study or legislation by
the Commissioners on Uniform State Laws. Initially, we
must emphasize that the proposed Act departs from the
tTaditional view that the landlord -tenant relationship
is founded in property'law., Instead the Act makes it
plain '',that the relationship of the landlord and tenant
:in a -residential lease arrangement should be!f6unded
:in contract laws The concept of "rent for p9ssessionil
is abandoned in favor of the view that the tenant not
:only bargains for quiet possession, but also for services
:and a definite quality of housing."
After examining the six major divisions of the proposed
Act the committee concludes as follows:
"The field of landlord -tenant law is one that has
undergone much reform and change in the past few years.
The recent trend has been to embrace many principles
of the law of contracts and depart from application of
some of the principles of the law of real property. The
Commissioners on Uniform State Laws have in this,proposed
draft of a Uniform Residential Landlord and Tenant Act
attempted to legislate those princil')les which should be
the guidelines for today's landlord -tenant relationship.
It is quite appropriate that hLIMerOUS questions will.
The Honorable Mayor and City Council
Page 3
evolve from these attempts to depart not only from
existing rules and statutory; constructions but indeed
from the very 'basic common law principles ;which Until
now have governed this area of the law.
Recent court decisions have extended the obligations
of landlords and the rights of tenants. It would appear
that tenants' interest groups would prefer,'not;to see a''
uniform code at this time. Their reasoning is that
additional reforms will be achieved by court decisions,',
ana''that such reforms, would be far more extensive than
those proposed to be included in this Act They fear
that this Act, if endorsed by the American Bar Association,
would exist as a''set of standards and guidelines .for
judges involved in these decisions, even if the Act were
I
not passed by;the specific jurisdictions. The result
would be that the standards themselves would be relied
upon by judges searching for;appropriate! guidelines.
These standards mould therefore become the limit
beyond which any: suggested reform would be !condemned
asunreasonable !if not radical.li On 'theother hand,
landlord representatives have felt that any .proposals
which are contrary to established traditional real
property law concepts are Snot only against ',their
interests but also will hamper the 'financing of addi-
tional multi-uiiit housing. It would appear'' that the
_Commissioners have friends on neither side,'but their
attitude :intentions and efforts are to be honored,
respected and encouraged. However, it is lsubmitted
that to have drafted 'four entire :revisionslof the Act
within six months indicates an extremely intensive
and energetic effort to have this Act endorsed in as
expeditious a manner as possible in order ',to place it
in public :view as fast as possible. IIt is the feeling
Of ,this Subcommittee that the drafting problems entailed
in such a project; the different questions raised by the
above comments, the cautious examination and consideration
required in any departure from the traditional principles
of a field ,of late, and the extremely polar positions
taken by the landlords and tenants' concerning' the pro-
visions of this Act are such 'that 'no rosolution'of all
aspects of 'these problems can',be adequately, expressed
and explained in : so 'short a time.
It is 'the recommendation of this Subcommittee that
the American Bar Association' not take any action on tile.
proposed Uniform liosidential Landlord and Tenant Act
The Honorable Mayor and City Council
Page 4
until such time as additional and Necessary con
has been given:. to remedy the inconsistencies an
inadequacies of the 'present 'draft. 'It is not t
tion of this Subcommittee to'take :either the is
or tenant's side to the existing argument butlm
acknowledge them. The Commissioners recognize
problems, and 'they earn our respect when they,a
deal with them. However, we must caution again
rush to judgment."
ideration
L UilUW.lUg Luc ICPU iL U LI I I J' JUUUUIII1111 L Lee Llle. UU1111111S 51 oilers
oil Uniform State Laws withdrew their request for approval of the
proposed Act in its present form.
We have compared the Uniform Residential Landlord -Tenant
Act with the proposed, Tenant -Landlord Code and have found that
less than twenty,percent '(20%) of the language of the, proposed
Uniform Act appears in the proposed Tenant -Landlord Code.
We have reviewed the opinion of the City. Attorney dated
May 4, 1973. Although we have not had time to verify the citations.
of authority contained therein we do generally agree with the
opinion of the City Attorney and with his final conclusions'.
z e n we have!
1�kln into account all of tnfore foregoing, S g,
reached the following conclusions:
t '
1 We,should not take either the Landlords or
,tenant's side in thismatter. it
(2) We are awareof the imbalances in the bargaining
positions'of:landlords and,tenants in theresidentialfield and
w6 are not opposed to the correction of these imbalances by,
legislation.
(3) A uniform act produced with the approval of the
National' Conference of Commissioners on Uniform, State Laws ,and
adopted by state legislatures would provide the best answers
to tile questions of landlords' and tenants' rights.
(4) In the absence of the development of such a uni.f:orm
act. we expect the law to continue to 'evolve so that a better
balance between the positions of the landlord and tenant will be
achieved;
i
v
Spring 1973] u. 117 .1 11ESIDENTIAL L:\\'DLCRD-TEXAAT ACI IOC
PROPOSED'UNIFOR'M RESIDENTIAL LANDLORD
i
motives of the Commissimiers nor to determine whether this Act hill c „
AND TENANT ACT*
''justice:' we have understood our resPonsibiliN to be to examine the
proposed Act for purposes of correcting inadequncics'in draftsinanship•cnul
in odicr'tec!ntical legal areas. Our,purpesc also teas to point out possible
. cousec ll-11ce.•]Df ai 1 ct which maV not be obvious. topics n(]t
I. INTRODUCTION
covered, tile effect Of some of the provisions; if such may bein`doubI, and
The s[,8ed purpose of the drafters, of the proposed liniforin Residen-
to include such other legal commentary as might be within: ilia scope of our
tial Landlord and Tenant Act- is to simplify, clarify, modernize and revise :
exanlinatnn:'
Initially, We must emphasize L]1HC C11C proposed ACC departs from .the
the law governing landlord -tenant relations. The far-reaching reforms
traditional view that, the landlord tenant'rclationship is founded in prop -
traditional
which are containc(1 Avithin :its rovisions prompt some to )Dint out,. Kota-
P 1 P 1
t'plaiti that arty lair. Instead, the Act makes iilia relationship of the
acct; than. the underlying purpose`and general attitude of the Act would
landlord aGtl tenant in a residci)ual lease an ngcment should be founded
apiiear co be to .egulate a b d mcc'in the b.irgaining Positions oEthe land-
is contract lacy. The concept of',*rent for possession" is':abandoned it faro,'
1
' lord and tenant m the residential field. Tliistgivcs rise to the claim'by some
t
of the viuw that the LCIlant not only bargains for quiet possession, but also
ilial ques[ions'of lal Ulord and [chant. rights) are too political mid not suit- ,
for Services and a definite quality o[ housing. T!tN:1cl is divided into six
q y g'
able for study. or legislation by the Commissioners on Uniform State Laws.
- -
in -areas: Genera( Provisions, Landlord Obli cions, Tenant Obliha•
This Subcommittee of the Committee. on Leases docs not purport to
tions, Tenant Remedies, Landlord Remedies, and Miscellaneous Tenant
make such judo lents It itis 11ot' our purpose ,to analyze, or judge the:
incl Landlord Actions: This report will -attempt to' examine' the Act in
that order.f
- P
•Re ort of Subcommittee on the Model Landlord- Tenant Act of Committee on Lcascs.
II. EL4\SI\A110N Oi+ THL ACT
=F :^Those Commissioners' on Uniform State Laws scn'ing oilthe Special Committee on the,,:
Uniform Laridlorcl•Tenanr Schwartz Chairman, Boston''
Relationship Act arc:'&Iward-U.i
i
�.
A General Provisions
Mass.; 1.[syn' is ons, \5 ilmingtoL Dtl., James Il: Clark, Portland, Oce., William C. Gardner,
u
Washington;'r 1). C.; William i C11fllmar,'1 Providence, R.1.�' Patricia Pitt non: lionob,hi,
4lasaail,Gcor•c A. Ram,c •, r.,'Chicago;LIC, It. Bruce Townsend, Indianapolis, tnd.,and-:,
._
I. Sco e. There ate some eaem mons from the scope of pn•isdlcuon
rters, rofessor juban mL.evi of Chicago, ill.
Robert A. Loans Gary, Ind.'l'lie repoP
Of the Act which, considering the presumed intention of tile''.Commission-
°Ilereinaflcr ri(erred,td6s the "Act' The Act is Laxed upon a )roj ct 6f clic \Lnerfnn
Bar'.Foundation a Tcntatsve. Draft \(ot1c� Residential.'. Landlord-...',,
ars would uzzle: thosC interested in broad housin reforms. For exam le,
1., 1
.,. which promulgated of a
:Tenant Code. l'roressor Levi, who was the project. director for the'American. liar Founda• i.
residerke :at'l a public of private itlstitutiotl if: Y nnccted !\with medical,
tion. .bec me the reporter for. the Special Committee of the National Conference of Connnis-
geriatric, educational;.: counseling; religions or similar services' is exctnpt:r
sinners an Uniform State Laws Tile original name of the Act was. the "Uniform Landlord
-�
Ahhou h '
1t :would appear clear that receiving medical or religious
g appear g.
,andTcnanf'. itclaionship Act" lint this`was changed to Uni(orn, P.aulenual Landlord
' •' : and Tenant Act': fit August;', 1972.' One reason for. ilia ch'Inge'icas,to make clearilia. intact- '.''
,�`.
tt'aining or. aid may plot be .ill a landlord -tenant. relationship with:: the
urortto apply to commercial leases:.See Levi, \lcro.Lmudlord-
tion that the Act did not ::instiunions
PP
ienderingsmne, such is not so'cleanin clic case of students who
.y :Tc•nnnt Legal .Rrlrfimkc'- The .tfrfdr! Lonlcmdlard•Tcmmnt Cadr, ¢, URBAN1.At%'CR 592 (1971),
for .n statement of ilia purposes for which 111C Special Committee UI the National Confer. ':
coca of Comhilissiouers all uniform state Laws was created.
-he ill a less idvanta„cous bargaining
may even O O S Position than the normal
3Approvcd Draft, Umroliat Itcsme.,7TAL L.txnl.oao.;ts,o Trt.%sr. Aar §1.102(b) (January !
seas presented to the National Conference of Commissioners on Uniform State Laws. It 1.•as
:. 31, 1973) (herefnarter,cfted merely.ill, section). Comments to the carious drafts of the Act arc '".
r thereafter amended further: and .ap roved by the National Conference. and subulftted for
hereinafter cited by section, specific (haft and date. See', page 125 for term avid call ments.
' I a 1prolwl it) IIIC American Bar Association. h is this' Appimed Drift" which twais the date
subcommliteo. Fist t r,.e ..cLve ,rich. regard to the Uniform hmllord Trannt i
' ''Till; n
`, n� Jan lmry. 31, 1973. with which :his;rcliart I.. cmlttrncd. The Commissioners wMidrew•. their I.
” Relationship Acriin March. 1919, 'Tile Special Committee on ilia Uniform I.anillold•Tcnant'.':
rcqutu fncapprm•n1a the \f id•Ycar meeting of the Ali.\ in Cleveland fn February. :Ii;
Relationship Act (see tate l supra) and its Advfsoij•_ hoard: of trhich the Chairman of this
"\Yiinem C immentany loll the Second Tentative Draft and .the. Third \Corking Draft
\acre
Subconunitice is a member, Inst fn March, 1972 and heard representatives from landlord
recched by tile Cmnfssioners and distributed to rts':Ldcison•LBaird. This suhconi•
and Tenant hroups to discuss ilia Sccond:'I'cntatice Ural[ of rho Act dated match, I!li'_. -
- wiltrc has lesiwlincd all such sl>,p cm foils, Among those 'subunitting such cmlvruc;i C roti.
Among those heard were. representatives of the Pennsyh•anin Attorney General's Office, ,
'. akin were: Nalfci;,at Housing .and Economic Devc1opmoit Law[; Ploico; i'enmx ha is '
National 'Ass iciation of lionre Builders,. National Association for'Advantelilent of Colored :
Atiunicy.. General's Office; Delaware Valley l Apartment lintise Owner's Association; Saumd
' people, National Housing and Economic' Development Law Project,; United States Savings,.
: Diamond, MCI., of Philadelphia. 1'a.; John' 1). licalcy, Rsq., of'St. ':Paul, Man.;. Western
'. rail: Loan League. National -Association of Rcal-Estate lioards; institute of: heal listate
'. Center on law and l'merty;. Northern Wnicestcz. Cquup, Legal.:\ill Social),, Inc., of Filch.
,,. g
s\(:uia'cmcnL-Natimlal'I'CnanisUr aniration, National Tenants lidornlalioir•4enice end'.
bin b .\fans.; 1405 Angeles limning::\utlinrlty;-0regon State Economic Opponnnit) Office:
representatives' from ilia academic world, Rather than submit a repent basdi ppon those'
Cincinnati Apartment Association; Oregon St:ire Dcpannwnt of )[main licsources; lloswcll•
hearin soil cite Second Tentative Drift, thisSubconunitiee mvaited t,o'ThirdWorking �„ �.
g
Shaw Coiutructimi Co.'of'$an Francisco :(.al.,?\atfonal.Center forDis,tile.Sculemcnn -
!
n
:])raft nrltich.icas 'ilacdApril, l97.,bu( not distributed until\hay, am teldch'. Uma. it teas. ��, ',
National Senior Ch(zcns Law Ccntcr;;.,Cmliummfty' Lce-ll Assistance Center rim Los 1n,clrx. ,
'stated chat public hcarings would be held in June in San Francisco. Representatives ol. this:
: Cal.: National: Lcs'.11' Aid' and Defender Association; :American Arbitration Asiociation•
:committee were: unable to': attend the public hearings; held in June in. San Francisco, blit !
. National Tenants Oiganiratfon; Wesic), Wancn, Jr., Esq., of Decatur. Ga;; Rassuba&Devel•
and
' were in rcki pt -of the Fourth workine Draft which :%vas' dated :Jul , 1972 and w: `
o me eat Corporation o[ Illinois; Baird and Warner of ]I Enols; a
p C 1 the Chicago Coundl',of
• . ;:c ;iall cndance in San Francisco aL ilia meeting; of American Bar Association and ane National _
Lawyers.' ,
,
„tsfonen; on -.Uniform Stale. Laws. On, Augrist.. 10 1972 a -,Final Draft ..
Section 1 102(1), j
- .... ...
...r. ..-.-. � :.rr_.•.• r � �-t..�•.�.� '+�+•�� �w.•.rr.�a�u.a.[t..uY •v.rtv-� .. _.. .-
- 106 REAL PROPERTY, PROBATE AND TRUST JOURNAL [Vol. 8:101.
--'. Spring 1973] UNIPORNE' RESIDENTIAL: L\NULORU•1ENANT ACI' 107
tenant. In similar weaker than usual tenant positions -,ire those tenants in
S. Definitions. The proposed Act include; n number of defined terns +
a "company town' or those who are sharecroppers or tenantfarmers, but
which are very helpful in interpreting the different provisions of the Act:'
the Commissioners have also exempted these classes of yr-eople from annlica•
The definition of "rent" may be too restrictive by being deemed to mean
tion of the Act.-, Additional and justifiable exemptions are afforded mla-
only payments to be made to the landlord under the rental agreement u
tionships involving one pccup}ing a dwelling pursuant to provisions in a
Perhaps this should be broadened to include all payments to be made
contract to purchase such d wellinm direllin� units its operated b ' a' fraternal
P al
to or ori Gcl:n o t
! lire landlord, for it titre possible that den in resider-
or social organization, transicnt occupants of a hotel or motel and hold-
tial rental arrangements, obligations to; pay real estate taxes or other`
ers of proprietary lease in a cooperative d welling." But by exempting the
affirmative obligations may be included as part of the rent. Also, it would
"occupancy ofad owner o(a condominium unit" the Commissioners cloud
clarify the issue as to whether a'payment to. a third party made 'pursuant
• an issuo thought; to be settled. The occupancy by :in owner of a condom-
to an assignment of rent was included in the definition of "rent."
intim unit does not involve a relationship of landlord and tenant;' it is the4.
Moral Prorisiars. 1 1'hc general provisions of the flet include trio
occupancy by the owner�pf his particular dwelling Unit.
new aspects of landlord-tellauL statutory Ialw which may be referred to as
2. Procedural Bsficrts.. The Commissiol:ers ere necessarily only con_
the "moral" 1 revisions. Every duty and every act, must be, performed is
cerned with the substantive provisions of the law. They cannot be bur-
good faith, and the obligation of good faith"nutst be fulfilled prior t0 the
dened with the probably' impossible task of creating a procedure which
exercise of any right or•reniecly.l2 In addition, if a rental agrcement'Con_
could be adopted by all, the various jurisdictions and Superimposed upon .
tains any provision that may be characterized as "unconscionable," the
their present judicial s+stems 'Therefore, they attempted to draft an Act
court may refuse to enforce the agreement or may lrevise it or achieve any
dealing with t.lelandlord•tenant relationship, and yet omitted any' piece-
other result which at its discretion may seem justifiable and cgtiltablc.i"'
dl.r;:l prescriptions for purposes of implem^.nation of,the remedies they
5 ,1Pitigntion of Damages. tinder the general provisions of the Act'
have provniedi The ability of a tenant to require the landlord speedily to
the 1b Ici•ed party has a ditty to mitigate demagcsar This would appear to "
make repairs or make the premises habitable 'or' furnish essential services
be'a departure from the law in many. states where landlords have: been
merely is described as a right or claim of the tenant. By the same token the
accustoined' to ignoring tendered profitable arrangementskith. substitute
right of the landlord to dispossess a dr.faulting tenant, to protect his prop-
tenants and, instead, choosing to continue to collect Tents front ten: nu;
erly and to b able to appropriate t
c finds ive" as a SWIrlLy deposit ori[ in
g > [
who vacated the premises.
P
order to repair injuries to the property caul :defaulting tenant
P• j ' i 1 Y ed by the ,
'-
6. Rental Agreement. This portion of the proposed Act includes
are all described as rights. A swift procedure necessaryio',make !hese rights'
those genera terns and conditions applicable to most le se arrari'culents.
effective and useful is not provided. Therefore, by default, self-help may
•
The landlord and tenant can include in the rental agrcernent all the terns'
Well Continue to be the landlord's and tenant's easy remedy. Understand-
and conditionswhich 'are not specifically prnhibilell: by the Act concerning
ably no one procedure for the enforcement o(dhe rights specified by the
rent, term of the agreement and other provisions concerning the right: and
Act will be unifornh acceptable by all tl,e 50 states and the'Disu•ict of
obligations of the parties,'- But, in the absence of agreement on .1 par-
Columbia, but the absence of even an attempt to suggest such a procedural
ocular point, the Act, provides the essential terms and thus avoids many'
method may lead some to claim that perhaps this inability to insure speedy
issues which would normally arise under the Statute of Frauds. Accord•,
enforcement of the rights may be sufficient to'make the drafting of this
ingly, the parties are assumed to have ngrecd that the tenant will flay the
' :
nnrtirular Act inappropriate at this time,
, i'`
fair rental Ya1.1C for A1C LISC Slid occupancy of the c.i .i^Piing urut.l" If not.
• • •
The jurisdictional provisions of the Act state that a nonresident
^
otherl+rse agr.ed, the rent is payable at the dwelling unit, and periodic
landlord ' niay" designate', an t,
an whom service of process may be ''-
rent` is payable at the beginning of any tern of one month or less and
made ill the particular jurisdiction. In the absence of such designation,
otherwise in enral monthly installments' at the bcginning of each month.17
service of process nra}• be 'made upon the. Secretary of State coupled with
The rent will be uniformly apportionable from day to day' (or partial
the mniling by registered or certified mail of a copy of the process to the
periods.'s Unless, tits agreement fixes a definite term; th:_ tenancy shall be
landlord arils last reasonably asccrminablc nddress.1" It would,! perhaps,
I
be more appropriate to require the, designation of it resident agent for j
real property hi,order to accomplish. speed in, service of process as well as
I
"Section 1.301(10).
for purposes of identifying one within the jurisdiction who may act for the
iPSmhin 1.902Bt it is subinitted. that any equity court, would itilpose an obligation o[
good faith regardless of (his statutory provision.
landlord.
s'Scrtion. 1.705. It is submitted that this is mercy a wdt5cation of the poi: ers an cquily
court his always possessed•
'section I?02 5), i .
,' .. ;.
sSeelion l»0°('2), �4;,(6).
+
"Section 1.105 a •
Is'Se-tionl.-0Olf a).
:"Section 1.•101().
1 i
IUS r .
REAL IRgl'ERTI'� YItO1iATE AND TRUST JOURNAL (Vol. S:1G± Spring 19191 UNIPOR\: RESIDE\TIAL LANDLORD-rr N:A\T ACT ,
� lU9
!
WCek to week in [he case Of a roomer echo pays tveekl • rent,.and ir. all
other cases; from month to nlonth.19 } Inclusion of, the exact language of such sections of the Act in the lease docs
f
If Elle landlord does not sign and rewn a writicn rental agreetiieiu not appear to be objectionable, but to do so t4ou]d 4iol'ae Erie prohibition
nliicfi is signed and delivered in hin! by I against [He tenant agreeing in advance to )T landlord's attorney's fees, and
- r tree tan:alrr Elie It lie s au accept•; thus tn,y not only render the provision unenforceable but alsoy i '
ince oFrent utth0ut,rese's'ation gives the renal agiccinent the same effect- landlord 'l punitive damages. sub the
:is if it had Been signed by the landlord-9'..Correspondingly, if'thc tenant
dues not sign and reiurn a written rental agreement nhich is signed and Additionally, the Act states that no 'assignment or condeyance, [rust
delivered to him by the landlord, acceptance of possession and payment Of deed or security iiisu•unitnt rorty pelliiit the receipt o[ gent Gee of tile
f
! rent tivi[hour resen'atioli gives that rental, agreement the same effect as if i[ Obligation to comply with the landlord's duty under the Act to make and
had been signed by the tcciaIII.21 ire question is raised as tothc t as i nit 1 p iproacil, similar to one ill the con•
keel) the premises habitable.? This aj
• the latter situation i[ the tenant merely accepts possession but does not S sumer credit field'ivhleh negates crtitraculal provisions which allow the
rent. In such', case, ,the landlord would have tendered a teritten rental � otehohler_to collect, the amount due, even tho{igh the product sold iio
T` ati cement, mint the tenant would have acccpted,poseession, but he might',' loneer is ,usable or the warranty, on [hitt proc!tltt is breached;=r 1)
claim claim that lie need only pay Clic "tart rental value"== tdltich he may drink sup roti financing institutions' of not having the right to :lcccpt Irene in.
�] is less than the specified rent. In order to'm'oid'auy unjust result, the landlord L to Iii assignment of rent without assuming the oblig3timts of tile;
rental agreement if signed and delivered by'thc landlord should be given to keep tile premises 11
habitable. This provision mac hinder future
effect upon tenant's accepting possession whether or not the tenanc pays construction of niulti-unit residential Housing as institutions may not [rant
the.rent. to accept such an obligation. I At the '.very 1Casc this will a'esiilt in higher
Some Cxu'Cmcly inequitable situations have resulted from the lease interest rates, for the. risks and possible costs of assump;ior''of this new
bring used as an adhesion contract b; the landlord' o(Cerin the burden. obligation must be part of any undertvritirg cahsidcrations in'dCtermining
some lease' agrecnlent'ta tie tenant on a "take it'or leave it" basis. The the price of the money to be lent.
Commissionershave attempted to remedy this particular aspect of inlbal•
ince in the relative bargaining porters of iandloru and tenant by stating B. Landlord OGligaiious
that 110 rental agreement may provide that tile 1. Security 1 !)
1 cteiant, <�'• .l Dc.osifs.
.Ca't Ill li v
0 W ) 5[il]
' i a1PC O l the
f g r landlord's ul
ego rights or remedies under; th •o lords of talo ons, the Com- i
e A m'
Act, auchori tssioncn f
cc•inadvertently
gthc confession o[ judg•posed s,trcngthen the'argunlenls of those ,rho tcoulc! {
went on his behalf, ,grecs to piny the ]android's attorney's fces,'or agrees claim' that the proposed Act is anti-land lord, for their unfortunate choice
to the exculpation or limitation of any liability of the lanc!lord =a 1 such of the first landlord obligation to be listed is one which is' peculiarly rci:ited
• provisions are contained in the, recital agreement, they are unenforceable• to the tenant's obligation not to commit easter the landlord's obli },tion
Moreover, if the landlord deliberately uses , rental agreement containing return the security deposit. The Act ,prohibit Elle la»dlord froul it nto
d-
such,provisions knotving'tllem to be prohibited, the tenant may recover ing or receiving securuy in an ;amount in cxcesc of ,,s crifi errand- l
punitive tlmnages and attorney's fees•=+ This latter provision lvould appeal• Inont!ls Of',periodic rent.2S The provision \dottrel a•) rear r ed number of i
to go further Linn is really' necessary. If lie proV;si011 itself is '?)enforce- interest is rzquired to be pare! oih such do ossts=9 nor is use eu for no i
able, lvhat'necd be there' for o P ,artist rclationshi l
punitive damage,, I he piopmleits o[ this established'orseparate account required for tfic seunln deposit.-IO, In addi•
provision might rightly claim that tenants not aware that the Lulguage is tion, the concept of a furnished', apartment requiring ,
unenforceable mai ne'ertheless be coerced by these terms. Tbus, in orderp' 1 ulditional security'in
mi :un0untfwhich' may not be related to file montHly rent is something
to prevent e'en unenforceable language from having an inhibiting effect, with which, the Commissioners have not coped.
punitive d-unages Must be provided to be sure the prohibition is hccslcd. {
i However, tile consequences of punitive damages ni,y [yell cause more con• "scctimttwat.
fusion than [He use of dee nrohihited language. For example, in certain section soCosE n . C.ttolr Copt
;2AGL C(. L•suo;;tl q'n>is;t cot. t:nor=n
es. the Act allows the landlord to collect reasonable attorney's fCCS�3 .101(,). One months rent is suggested as Clic tr.:t�innnit .-trnriti t i`hn'it In
[a5 allot', but lic'Irrrduures'.'acc Icft to set their own limns �miiLuit. clscivhcre in the Act.
I
the Conuu inioncis only suggest trine trouts, by.. n)aking styli. su1114'. om sarirnthciirtile, but
?Section 1A01(d). leave [lie actual determination ,n each junsrllction. Se e {
°Section ],!02(n), 9.101(e) ;{.101, •1:101 1.102, 9.IQ9, A.100..9;107; •1�01,,9?0.!, •1.1Nq'•l0"(b), .!.101 (c), 2.109(it)(ri),
1 '3rrtion 1.902(6). •yule reedit [tend in niaay states'. is tn'requ!rc ill-c n'nutit of inierat
1 SIT Section IA0l(b) w!r!Qt hrotidcs shat in the absence of an a nctncn[ "Ute. Edna dcposu.1, Tur tlresc rhposia mushbe vicircd ns tenaius' i n cot xrutity
shalipal as rcut the Shur rental value." g tit to.Ihe use rr for the 1 enoriit, of he lardl;:d. The L�nldloidln r;,mtteltt._ne•I uV I < rrmrim
.=Sectio» 1.903(a). Encu ehuts.a. Se-:,ch N. Y. rtr..y. Onucnuo<s Lsit §7.103(2a) gym+,. 1.,_l:. f r a<hi.misua•
,' Smcethese deposits ai'e north akin to: csttmfd '(', • I " ".
".Section 1:f09(h). The .1ct sloes not protide a changeover period during trhlch existin filter, du[' with re . n uds; am. the 9aud!ord docs (tare a
lornu clay !se used;hhou^h, since the )rohl6iled,language is unenforceable, to tin so would fiduciary y gn tato the maintenance of such funds, ani'. ho rcgtllating' clic use. of
�'" 1 such funds should rTture uvjjjrmsahounts and prohibit co iiuii:nehnn,'a.. %I.,i '
".i , i <�;� •'�S"diS"'�r<'�Y*" P .. 1111
.A i.Yn n. I '. ..:..:: �Li' '+,�'^.�S "CCF_'7G'..C�22R eaea.m,h............. ' 5' nr�%rr.,_..•, . ,...,
1111: 6 ,,.; ....ice'•'^' . ,::.
•� 110
RL,1L PROPERTY PROBATE AND
TRUST JOURNAL [Vol. 8:I0S
' Spring 1973] UNIFORM RESIDENTIAL LANDLORD-1I•.\ANT ACI' ]]]
The Act provides that a
on
p tCl'n11I1.it10i1 0[ Elie tenancy the landlord missioners intended that this section be read in conjunction with section f
may apply the security to Elie p:lytncnt of accrued. rent and dye amount of [
1.203(b) in order, to fornudate file ura;tcrable'result that Someone will be
damages which the landlord has suffered through Elie'; tenant's default ah P
However, he must list tine items of damage in a uruten'aiotice delivered to;' designated for service of rocess and notices; but drier indication of such
intent would be helpful,
=s•; the tenant together with'}he balance of Etre scaiuhy ueposit Ivithin a stated f'
time period (1.1 days stigt ested) after termination of thc•ten 3. Possession. The landlord trust deliver possession of the remises
mcy'aud ddiv- to Elie tenant :n the beginning' of the teiin.as Application o[ couu ct law
ei� of possession by the tenant if Elie landlord fails to comply, Elie tenant principles dictates that, by not dclivcrii )asscssion' Elie
•:ii tray.rccot•cr E�e.�,roperOc'and the r.:•nay dtit: hmt together with punitive g i landlord is in
�..r
damages and reasonable attorney's fees.a= Qucly as to whether, ,upon suit breach, But :he (:!ndlord is not obligated to bung cut action to oust one ill
wrongful possession, for the Act merely provides that hr "mav"6bring such
8
Cor recovery by the tenant, the landlord it prohibited h'oni proving die action?n although relit is abated until possession is ddi crcd.' \forcoier
!mount of darn cs he snlferctl because ho did "not comply, or whether he
• call retain Elie amount of damages to compensate hiiri for in'uria to Elie tilt tenant, in such cases, may either lernii late tilt rental agreement or
1 continue [o demand -performance by the landlord.yr'Ic would appear that
property but is himself subjected to punitive duuagcs'"for not giving Elle only Elie prescribed remedies of ab,ucmctit of rent and right to cerminate
tenant Elie itemization.
The opportunities for abuses ill the determination of the amount of aPP]Y tui die' case of failure to tldiver possession. 1t' is Dov at all clear
seccurity deposit to be returiicd Eo Elie tenant highlight Elie need for swift pro whether the tenant could collect consequential dania,es ss i
-1. Plabitability. The proposed :1ct coElifies the recent trend in judi- i
onecedralfrom
remedies. 1n many cases the amount in controversy will prevent tial opinion to the effect that the landlord has covenanted to, maintain r
one from going to court., Por. example, a tenant might feel that.lie was n ,he
}y entitled to $?O of the security deposit but he might feel $20 fright be
p
remises and that lie fns actually warranted at'the beginning Of the
less Elia anon '
n w sh
hat it would dun m ,Eine and troublep'ihat die pruntsc;'hill be habitabic throughout
to go to COcourt. lie ICaSC.aa T pthe' term of
Similarly, often a landlord will forego he Act provides that the land
o lits rights P lord sh,i]
us to,d.tma,: l comply lvtd
o damages am n 1 applicable
o g ounun e
$_0 m excess _� t to buildin and P y keep
g housing code rc itirunents l make all � v
sof the depose rather than bran 'siuta nuuttli q repairs ..ul kce �
g g e tenant. I[ a remises in,a fit and habitable P p til
simple, procedure could be r P uablrco d"
provided to insure: surf[
End results, crest
condition, keep all common areas fir n Clean
r acrd safe condition maintain in good and safe working order .111 electrical,
petty injustices might be avoided.
Disclosures. The proposed Act requires that the landlord disclose plumbing, sanitary, ! eating, ventilating, air conditioning and other facili-
to die tenant. in Writing tile person authorized to manage', the remises and ties inducing det'ators, and provide arc] maintainappropriatca'cccptaeles
f• P 'for removaI,of garbage and rubbish, and; finally; supply running water and'.
a the identification of the owner of the premises'or a erson audio-ized to
p reasonable amounts of hot water'- all times, aild reasonable heat during
act for and on behalf of clic olmer for purposes of service of process as v;ell thgie periods which may be prescribed by st,ucle isiafure; as beiii� r
j as for the purpose of receiving and receipting for notices and dcmands.as S eason
ablei0 By allowing the tenant to site for damages as 101 as injtlnctive
• Although the inference is'clear that such a person would be found in the
' J actrreliefilCor breach of this covenant by the landlord; ! Elie Commissioners are
urisdiction, section 1.203(b) Would appear contradictory it, that it provides ly enlisting the help of tenants to enforce the building anti hers ar
2 that cite landlord designate an agent upon whom service of process codes. g
;j may be made ill a particular )uristliction. A person who fails to comply
t tvidi this requirement becomes am agent of each Jerson: who is a landlord The landlord of a'single family residence may limit his obligations, !
t for die Act provides that,,the'landlord's duties ill silcii eases concerning
for the purpose of service of process and receiving and receipting for
notices and die performance of obligations of the landlord under the AcLsc P and specified' repairs, maintenance
rubbish rete tides, heat and hotu^atcr
Therefore, the manager may become liable for all the obligations of the
landlord unless he actually makes full disclosure. It may be that the Cone- 'Section 2.103.
tenant may also bring an action la to our the one m rs y I, n pates^ssie n X1.102.
It would appear that i)o5,der blef r cacti landlord and tenant nh.hI c a;,e.ictca msons;'
"Section11.101(b). it hrnuld be noted that the. tr dwonal landlord's position us that and iL•eh rfore it ai>pnu's possible far each to collect actual and linitivo din • • • {
these dcII arc security against damage li the tenant and ma wrongful possessor:.See Comment X2.1 F rages front due
to 'helamount of rent rived, After. the tenant: has :vacated the premisgruand ycie- image " n s 03; Approved Draft (January; 1973)..
iction.4.102, ,
measured; Elie balance of such deposits may be applied to rent owed. By providing that the 'I'hoingh tenant lnny collect acuiid damages fuom the one Inwrrns;fnl rssessimh. See ill
..r - deposit "may be applied to accrued rent," the Act condones tine tenant, practice of foregoing cote 36 nhpra:. Application n[ coutncE laii..prindpha. lieucd.arem m indicate a a'i^I
payment of the last north's .rent and lrcating,the security, ceposita papnient of such rent, claim for costs of substitute housing,. Such a allowed if landlord falls to srovide essential:
!••' atuch to the landlords'dis Icasure. The landlord naturally argnrs that If the tenant so _ o sr1.
p scn•i,•r, and Ilius torr^a tcnantout of ostcsstonand info substicilc'.lhonsing.S•re :4.101. i
treats nt to posit, at the end of the n;t cote da has sed and remise the deposit may be Se Trends in'Lnridlord-Tenant Lou- Including "lade' Cndc, G RM Ptoi•,; PAUL,
sul'mcntro pa}' il:c rent °Eyed, it docs not corer dams •u to Elie premises.. J' 550, a 567 (1911) Ser e.g.,: Javins v. First Nat'l Realty Corp.,
°Section 101(e). b 1970), «•rt. denied, .100 U.S, 925 197D • RCorp.P 1L'S I nd N.J.14 (l) C. Cir;
Section 2.102, 263, 33 A.L.R. Srd 1356 (1969), ( )' ate Realty Cor. v. Cooper; 53 . 444, al .1�d i -
'PSertion 2.10°tri.': "Section 2.10.4:': !" ...
.. .._ ...�.._:q.. .,..
p
4n 1
_
I I?REAL FROPERTY, PROBATE AND TRUST JOURNAL 5:10.4Spring
(Vol.`•
19731 UStFOR\t RESIDENTIAL LANDLORI)TL\!.Nr ,\CC
—
i
I1sks, `a1tCT8 C10ns and rCn10C1Ch❑g nCCCl not be landlord Idatie; but may, by,
agreement, bemire the tenant's obligations.+='It would, that
!
Illg h-out separi clap El1C;C Obhg:LCI0115 from lhOSC under tile rental agree.
g
appear the
proviso that these obligations may,;be shifted only if the transaction ill
men( will be avoided.
entered into in good faith is surpIU5aI"c in vicly of d,c general gond faith
5.:Liniilntion onIinbilit,. °'1hc (aiuUord i; I• r- 1
), ]clievcd from liability as
•J
obligation contained in section 1.30_. The Act also allox_ I� (
udl0r 1
to those events occurring albscyuclt to his n'riuendiotice to the teD:uu'oE
.. ..,•(•
tenants of dlvelling units other than single family residences to agific that
is conveyance of the. property. However, remains liable to the tenant
the tenant may perform specified lrepairs, maintenance tasks, alterations or:
for security deposits: In this nituuler, the security • de,)Rsit is Eorce(1 to be
>
'
,
relllOdelin" if such is set forth ill a separate writing signed by bothlpartics,
retu'nc<1 by tile selling l;uullord-unless'hc receives written consent by the i
and supportcd by adequate consideration,'if the work is n0t',ncceasary to
tcn:uu to transfer Elie security deposit.1' It l'Ould :q)pear that souse less
cot);d
7
cure landlord's obligation,with iegard to keeping the premises habitable,havei
'agree
ai'ingcn[ provision h .c,bccn drafted. For es:un )r -
, the Lindlo.d
could 'been reli^ d Lit liability if lie_'n•ans[cn-ed
•
add if Elie meit does not diminish or affect any obli;ation that Elle
tenant or landlord may have to other tenants in the premises and so long
the security :leposit,
scut uoticethel .the tenant, `and uuLaho obnsferi and sent to tenant an
as the landlord may not treat performance of the separate agreement as a
a cknotvlc(lgnie• it' receipt of such security deposit and ; ssunrn'
} I - l ton of Elie
condition to any obligation s,r performance of any rental agrcemcnti3
)
lar loi ..Itlts,1)),Ithat new landlord It should also Ile noted that the
l
In normal practice such covenants would be part of'the rental agree-
manager of the nremiscs is rcliei'ctl of liability,iincier the:1U`as to events
after
ment,'but if asepTrate neriung is required and such into be supported by
occurring written notice to chc tenant of the termination o[ lits matt
agement
jj
adequate consideration, it would appear thi t mere reduced rent .voulcl not
relatiouship,!a
�
be sufficient
enc. consideration in that i i x � I
t s related clic rental agreement. If
r
C. Tenant,
the tenant fails toperform as required, though ill( landlord could presum-
Obligations
i
ably collect damages pursuant to traditional cen Tact lair, he cannot disturb
L Maintenance of D;uelling',Unit. ]'Ile len_ it has Elle oblj?atjgn to
[Ile tenant's possession. Moreover, lie must continue to provide services to l
comply ]with.all those requirements conuiined in tax local building and
the tenant although the landlord has been deprived of what 1)e sought: 1
housing code. I-Ie nulsckeel) Elie' remises that Ire occupies as dean ;i ul as
{
1 resident of the buildingresponsible for the performance of specific repairs
safe is the condition of the premises permits. (de nulsv dispose'irom the :•
and maintenance tasks. In many states the landlord's liability to persons
Catering Elle 'prenlises is limited if lie is
dwelling unit all rubbish and other waste, and he must keel) all 'plumbin-
fixtures in the dwell dean i
not in possession and control of I'
unit as as their
g lr condition permits. I is tuust
the premises. It certain tasks cannot be shifted ,to the tenant Icc; Else they
-
use the other iciiiiies such as electrical, plumbing. sanitary, treating,>ven-
'
are necessary t0 Or connected with making the premises habitable, it would
Blatin", all' colld:tionillg SCI'\'1CII10 111 .
a q, o :'I'll ClevatO1's in a rei5onabte manner
appear that the landlord will ile subject t0 many claims evell Ihou-11 lie
and riot delibelatch' Or negligerill)• destroy, deface,'(l:nliaiie Or i:1L')air, or
,' ... .
ll.(i 110E hal C;pOssGalOil Or CO11 L101: I'tll'lh L'll1101'C, 411s far from Ileal• as IO''�
ictnou au i rI of the )renusa., lac must condnc h' ,
}' 1 '. ! I 1»1sCif, Gild I'C( lli]'C .0
•
which sort of caul actually be performed by clic tenant. 1'hc only tasks
other persons oil the )remises With his consent to conduct themselves ill a
1 r !
l
listed }which are specifically permitted to be shifted are those to perforin
nlan.,er that will not disturb his neighbors'>, peaceful e»joyment of he
spertned repairs; maintenance tasks, alteratiol s nr remodeling: Tl,csc terms
prenlises.tq The phrnse "other persmis oil the pt:rli<cs x`itlt his m;:,;ni' i;
aro not defined by the Act. Since :ill work necessary or connected to the '
too broad for it ala\' Tell include the landlord 0r his ::„cur or inritc who
I'
landlord's obligiuion to provide habitable premises (ehich would include
might be on the premises with the tenant's consent, thonglr it is doubtful
q
general repairs and maintenance) is specifically'prohibited from becoming
that the Commissioners intended such interpretation.lT
Elie tcnam's obligations. the exact tasks which tile tenant can aglce to perform
-• X tiles and Regulations. The Act allows the Iardlord to ad;:)t rules
,ire riot easily discernible if clic intent of this provision is to safeguard chc:
enc! regulations concerning the lenant's use and occupancyof the remises
e g l
rights of tenants but 'still alloy the landlord to negotiate the shift of
and requires the tenant to comply as The purpose of the rule or regulation
certain burdens, it might be preferable to require (usclosure by separate
midst be to promote the convenience, safely or w":1farc of :ill 11.10 tenmlls
ivl•itjliQ, rather than a Separate agreement, in ad -anre of tyle rental am-ce-
ment so that tenant knows of these res onsibi Ii ties before thea ce•
p
"scntotl ".do;l(a). sic Comment.i$"_.105. A )rovcd' Draft':un
" p1 ll tar?,
ment is sighed. In such a m carnet; the tenant will not assume ohlig:uiols
Scnion 2.10S(b).
^S(ctinit 3.101.
without knowing of them beforehand. Moreover, the arrangement need not
'Iaadlples of dlo�e a,i'ills of inviti'cs of landlord 011:01C prem,.; ,,'illi iilc Icnali s
fictitiously be separate from the rental agreement, and the inc uities result-
g
consent would Ile, annul^ oNci, thcJaudloul as a social ('isue'. the. laud!urd rallccl ire uric I
1
_
or. in,uynill, the plc n,'cs, s,ud.n cn olaMil lejlairs, and Iholcl
lessee. o,. n,nrt,agces to t,•hnin ilic ptcmise,ire being c\hlLinc chc ulnen is aka R.und,
(`
10JGCliOn 9.101 C).
and (v11 9ll} llldpl'1 (Ii)'LII C,-lit QlI IIII(1), i.101I111, •LI Ui(C) 9111 il.. '1(o1
"section 3.IDL hG section riads 'A lalldlol'd, front Little to. lithe, Illav a d0t)t rides
,j({
. s1
"Zict!on 9.10!(d), (c). Here a, in the good faith obligation is repc)ted ennecns. ril; in
-View of §1.301 -'.. :: r - :;
.1111
rc;uliltinns; however destribekl, cinlrerning tile. tennnt's rise and'occll seam' of ttic remise:. -
I,I is enforccabm'ag'nnsttile tcn9nt iiia]}. ifTlic second scntclicc
.nigiit,Gc cirarcr. it ![
rc-dl Such' rule nr r•r.iY, n.J.. ., o:.,...l.r:. ....1.:...- . .. ..... '.. w
' 11•f R1:AL PROPERTY, PRORATE AND TRUST[\
OURRAL t01.6:]07 r
.1 '
Spring 1973] UNIFORM RESIDENTIAL LANI)LOIW-TENInd AST AL'!' 115ive l
ty
Iri6intult of srCiserve erVlCCsle nil[7(lC(ICII3lICStI CIlIOOUC�(OChd1Cl[ I1:IOr make
a fair dis :timed use of ,,the words "the rental agreement require" a
j regulation must be reasonably related to the purpose, for
� 1 iclh itis
a emcnp may n, prec rinses the
question �cludedr t e re Commissioners are, by implication, presaibing lvltat `
i
adopted, and it must apply to all tenants' in thc'prcnuscs in a fair manner may be included in the rent alagreenietit and cxchtdin or prohibiting
] It "lust bel,sufficiently expHCit in its prohibition, direction or limitation thing not specified in the AcC'IE this is not Ilio harem, the oossibiM an}
of tenant's conduct so that he is informed of'what he must m must not cto` such an inter ;c; ;on should be clearly negated ss Iity of
j to comply. Tllc !Uh ,.,,,,t r;ot be rvr the ptt'rliose of evading the obligations i
of the landlord. The tenant must have notice of the regulations prior w', D. Tenant Remedies
3 his crani}• into the rental agreement• Any mile and regulation adopted after 1. Noncom �liance by
] the tenant entors into the rental'ngreement:that works "substantial mods jLandlord. I[ there is a material, noncompliance f
by the landlord with the rental agreement ora noncompliance with the j
fie itioir of his n rrfiain" is no[ valid unless ;the tenant consents to it in landlord's' obligation to maintain fit premises ivhich r.
writingao The xor'd "bargtirv,is hot defined in the Act. "Rental agree- health and safety, the tenant ma •deliver :i Written ntucriaily alicc[s
1 Inent" is defined as including all oral and ivritten agreements° so Sliest s ecif iii ) r ten notice to'tile landlord 7
• "bargain" rainy be broader in scope ns to mean not only the nerals and P } o the aces and omissions and constituting the default and notify-
1
y irtg him that the rental agreement hill tcrnninato upon a date' not less than'
provisions of dre rental agreement but also any eztr:ulcous or gratuitous !!
j services rendered by the landlord o an) hen'efits received b .tenant from a stated nunnber of days (30 days suggested) after receipt of the notice if I
i
e beginning of the term. IC such interpret' is correct, landlord he same acts or onnssions'n•]r(ci days suggcsted).',If substantial])•
the breach is not remedied in less tintc 14
til t
may be said to be prolribited from diminishing any benefit given or service t consntitell ,a prior noncompliance 'of
lshich notice was giVC11 recurs within n stated period (six months $ra-
rendered at the beginning o('11c term even jC such was gratuitous and not gestell), thr tenant may terminate the rental agreement oil a number of
r,
within the rental agreement. day's (14 days suggested) Written notice ilie breach and the date {
3. dcccss: The landlord's right of access is assured although in a
of termination of the rental ngrecment. ,The tenant is prohibitet. from
more reasonable manner than the methods prescribed by many ]eases in use terminating for a condition caused by his own deliberate or negligent :.o
today. The tenant is directed not unreasonably to withhold his consent to In addition the tenon[ may recover damages and obtain a iocnract. f
the landlord's 'cntedng'into the premises in order to inspect the premises,; for any noncompliance by the landlord pith the retrtni injunctive relief I
make necessa}y,repairs, agreed repairs decorations, altefations, or improve the'lnndlord's obligation to maintain fit remises. t tagrjement or with l
merits, supply necessary or agreed services, or exhibit the dwelling unit to !, compliance is willful, the [errant may recover reasonable andlords non- [
prospective or actual purchasers. "mortgagees; tenants, workmen or con-'' No Provision is made for relief of the ]arkllottl from the
fcesa ' {
tractors cr The landlord may enter, the d welliirg unit without the consent of the tenant's pursuit of such remedies if the default o the consequences
Of the tenant 'in case of emergcncy:
+
illi NL.\L 1'11U1•L'1112', !•IiUn,\71L' AND -1nUSLJOURNAL LN"A. 5:1(1[.
l
$1)1lilg lfl;.gj U::li'UItJI lil_iIUItN'!'IAI. L.\NULUItU 11..:AP1i' Ala I, 117
1
i
f 1 1 .
tcrmlm.e the agreement and still Obtain injunctive relief requiril.g rep.li �
of rite premises
Afol'cover, the.:'Cstrictloll Cold'11 work t0 till! C til.ul.
week. I 1 ! � o' !..,dl:,;d
°. Rejudrs. The Act endorses self -flee >r'a as a practical remedy for the
d
for a is possible that. if these repairs were accumulated and contracted for d
as a a 1OwCC
_. LCIIa II I. i)III :I CI:IIOIVICd�CS Illat the tenant, Should not Control elle. operation
package, pl'ICC C011ld.lie Ob(aille(l. Tine plovision allows the
tellant t0 deduct the reasonable COSI OI• the fair alld teasonable
!
Of the l:utdlord's nroperty. The Conllnissioners recogni:c that there should
be Some control of or liniil
%•:title of tile'i
work. Thies, the tenant may rcccivc con Xnsaliou i!' lie does Lite work ltinr
ltk;n Oil the lypes of acts n'hich [lie tenant may,
perfollll hill.selr .1 O-tjcl. to C115111'C iris peaccahle enjoylllent and for which l:
self. Certainly ibis may be silbicct to some abases.,
tile Luullord remains obligated to Icunbursethc lenkuu.;The Conlnlissioll-
'
J. ES.CCIliI(li SLiT,(CfS. � Dar i11t• f 1'ollr it Iditi011'll V3Cws,. the AL[ j).0 -
vides that if the landlord hasidcIibernely (d••
cls su�gcst :r hminuion on the' cost Of such aces of $100 or' one-half the
periodic lent f0 thus classifying 11,': type of repair by cost by
of livi
b�(Illly I:IICd I(Y i111)111Y
rtinuing water, IIOL Water. he u, or Eln), other essential service, Lite tell nit
rather than
oche cl1 1:aCICi1SIIC.S. One nlay N•olider whether this is :1 Sufcient :111191111tI
may give rriucll notice to the' landlord s iecif •in ^ the breach autl n av i
) l !
cilhu'(a) those
cnnsiduulglhc c its involved in huiug a plcmber, elcc:rician,' carpenter,
pronu'c services himself during th period of l:nullor(j's
11011 con 1plill :lce and deduct their actual and icason:d,lc cost [lyra tile rein
nt
II)f,IISte cr Orally otI1C1', person of like hailing.
13nt tile'Jf-help renledti' contained is extremely vgigue. it provides that
if the 1,
(i)) recover dllllia-es based upon dinlilluti011 til d!C fair :'CIT ClI til Urent,
(!welling unit, or (c) procure reasonable s lbstitute Ilotlsin ' during
!
..alone fails to con )1' g,
I y with tee rental agreement or his obligation
keel)
S b the
l)CHO11 of the landlord's nonco nplimlce in which case he is front
y
to the premises fit and the reasonable cost of such Lolliplillice is less
th;ui lire suggested [gate of ;100 or
Cscused
paying rent for the perio(I of the lall(ilorCI'S-noncom )li;mce.0" 1n a(idiiion,
j
nuc -hale the periodic rcnt,'lr!lichcvc:
amotnu ,'greater, the tenant inay recover d:nulgcs pitrsumn to his rights''
Lie tenant Ina)• recover t!lc asitial and reasonable cost or fair aiwl reason•
n
able value of the substitute housing! not in
Under other section or'bc LIMY notify the landlord of his 'intention to
excci',of ail a:noar!t cr nes n
liis'periodic-rent. Of he
^�
correct tire' condition at:; the landlord's expense:' 1f the landlord fails to
course, 1n'a' also recover rcasonablc attnni�l'
,) C)s
fees ea Once lie chooses rheic remedies; the teitimt is basics! from
colllply within I ininiber. of days (1-1 (lays suggested) "after being 110LifiCd
by the tenant In lvritilio or as promptly as conditions re uire in case
Ursuinn
another reined C.• ... tCl-litinati 11 h 1 g
Y (' S, g c lease) at same umef-1 Although
of
e'n1Ci'gCflCy, 11C IL`na11C Illtly III(!!, clllse the N•ok lobe done in a ivoikill:lll•
like and,
the tenant is required to give Written notice to the lancilorcl before nlr•
String any.such rClIICdye' n0 tittle is Set within landlord �
{
manner' atter submitting to the landlord an ilcm:; .i siatennent,
deduct Froin his rent the `actual and rcasolinble cost or the fair
period which the
must renlcdy before he is faced bill, :I tenantiroctn'in' e3senlial services Yo l
1
.. and reason-
able value the work, not eweedln; the amoinit specifc(l."ll Hie intcn-
himself or obtaining substitute housing. Query whether in ❑ i!rt ail •r:
g .� ) Ltill
1
tion of the' COInI11ISSiO"cl'S is not cic.u. 11 > )arciltl the lunnation 1s placed
II P c
building each reliantlnlusGprocure his own services or whether one oras'
. .
for
l
1
not only upon khat the tensor can deduct 7roin the rent but also upon
. what )le call do oil behalf of the i:in(110111.`Thls would appear be '
plosive all.
Other issues will be raised if the method of obtainirw lSnell services
' b
iY ear to a ,
reasonable resell, for landlords would certainly object to allowing tenants,
-
imclfeles lviih, or secs coincides with, talc repair rllea5u a taken by Llntl
lord. Landlords arc and'sl:q;ulcf be rc;:.71sii):c fpr the i''I. • '
• i
asstnliing tele $100 limitation, to )cr[ornt uciik cortin• t
1 b $500 ane !heli -
deducting $100, for the landlord would justifiably prefer to maintain sonic
rrnt
i ti .lUt ltl)1n'.
which are necessary to furnish essential services aiul, trhen Such sL,u,e, aria
i
control over his )ro iert however su )OSC Lite truant miscalculates in his
1 h I l
not furnished the terrine; it tcotd(l appear reasonable to,a) apply Isonlc al lial
1 1 ) 1
ab;itemciu of rent. But applying
is 00
and, aft of rite Lott which a repair oris C11120. Suppose
and, aflCl' C011ll)ICLIOtI, [711(15 IC Cost Mill $IYO. DOCS 11C f01'Cg0 his
oes i IIC militates llis mire
lfic procisi pis of sire :1st tO else rise lrhrtc
there is a need for a rnalor repair town oil burner in order to su) )iv heat,
1
entire
renlcdy or nilly Ire still deduct $100: It would appear the intent is to allow
the lall(1101'(l will not'0111)• ply tele 1'Cpalr bill all(1,1'CCL'i\'C ICtss I'e`I ll dile' l0
the diminution
I
hint to deduct 5100. Sonne clarification, licrhapi in a conuncnt, lcnl:ld be
ill the fur rental value, but also pa)' file Icnarll for ex.
penscs incurred while procuring substitute heat.
helpful
Another point which is not clear is ;rbether the nlorletar, limitation
As an ad(luiomll renlcdy tile tell nil Ina}' recover ,elle actual and
reasonable cost or fair and reasonable
on the repair is per mpnth, per tenancy Or per item of Icpair. The tenant
value" of substitute housing.01 Thus.
the landlord may be liable for the value of substitute housint*
play want to invoke this remedy for three different repair itenls in the sarile
although
the tenant has not incurred any actual
laudlold a..0 cusuul :hat rite tal:na acul.dl) receives . that for . which lie 6iraincd.
costs. It ;!:nail be noicti that no
lenicacy is aliordcd hindlord under the Act if lie is autnlplin, to Conl )Iv
1
Sit:lilail), one N'eadcl:l 5chcther lhctC wlncdiusarL truly ruucdics N'hidl »•ill help tial t(atailL
of if the conditions callsing his tioneornpl•.ance ire not tri lhlll hitt
Ilow Can a tenant umcel the real Il agreelilcut if lie olnimt filth a110111Cr place to litre in lilt
: c011trol
kens arca and equally suitahle? it shoved also be noted that aside from the self-help remedy
fci minor ttpair. and procuring essential servtees, the Act does not mnnit tenant to with•
hold real but merely grants him claims for damages. 1
a 4.10,1(a).
"S coon 4.109:
"Section •f.10:{(a).
6Sectlon
sectloll 1.101(I) .
)
-Section •1.104(c).
.,ld,
aJ ction 4.109(4).
1
fdSCCLIOn 4.104(6).
�l
.f
'1
' 11$ REAL Pr.OPERTY, PROBATE AND1IRUST �JOURNAL [Vol. $;141
5
Spring 1973] UNIFOR\t RESIDE'N'TIAL LANDLORD •TENANT \(T 119
Act of God). It may be that the Commissioners, by use of the words
1
may recover;' intei.' that conipeus:ttion for substitute housing will be is prevented from repairing and maintaining the tenancy. whether the �
tenant is in need of such all extreme mined)• may be doubtful. Certainly
afforded the tenant only when circumstances warrantor as punitive dam• the rent should be abated, but it is submitted that if the landlord ro
ages, but if such is the intent, clarifying language is imperative. p ceeds
These remedies may have even further anti graver consequences. ire.^.ccs. It to repair, the tenancy need not be terminated tel order A, a I-• I
ll! result. Compensation for substiEute IIOUSiu- ` t cy.ata�„
Won appear that the landlord's right<to tictcrmilie whether hC [cants to ors aeailab1C Cor loss of essential I
rep--ir and invest more noncyprlintit his invesuncot to tharwliich he has services, and it would appear equitable to allots the landlord to avoid
i already committed no longer obtains., Since his liability will continue termination Of [he tenancy by agreeing to pay for substitute Housing during j
throughout the period of noncompliance, he must repair in `order to end" the period the tenant is out of possession. Consider the siuiation where the
his liability. This result could tycll lead to retuer use of, the shell corpora- landlord at great cost, has made substantial improvements to th {
j g 1 t premises 1
tion, further removing' p based upon con[innance of the particular tenancy.
oche landlord a pclson:d interest in, and relation- G. Mdawful Ousler. I1 the landlord unlawfully removes or excludes
9 ship with, his property and his tenants, and may • also prom t a greater es
I ) t prompt b the tenant from the premises, or is, diminishes essential services, to
cities. number of abandoned multi -unit dwellings m oar major cion or Genn' p`•
increase in the nun
S ] die tenant,,or causes interruption of same, Elie tenant may recover posses. f
4. COWIterclaims• The Act allows the tenant to counterclaim [or an mate the lural agreement, and, In either case, recover punitive
: amount which he might recover under the rental agreement or the Act in damages and attorney's Cees. o
any action brought b) the landlord either for possession based upon non•a
u paymcnrof rent or for rent n hcrclthc tell:"', is in possession. Li such cases E. Landlord Retiredies l
the court is empowered
,
151.Cd CO 1
F require that the teria,u p;ty the IenCtilro courLo : 1. Tenants', \Oncomp7tOnce app:uently the Commissioners hnle
Thus, it is a, matter of the court's discretion whether the tenaricnlay be attempted to draft the landlOrci's remedies so as to in tlie!n >aralj
( able to withhold all or partial rent pursuant to any other remedy-- prori(ted the tenant remedies provided in section •1.101, but since the (lc( `t to
by the Act and still maintain his counterclaim. However, it is perhaps each party: are of substantially`di(iercnc characiei, mutuality
" cults of
not achieved )'of remedy is
more reasonable to assume that mice the Coll, is brought, all issues , whether or not intended. In case of the tenant's material
Should be put before the court and the tenant should be required to pay tlonconlplialice with the rental 'agreement or alt • no
1 his rent .o the court. To further complicate matters, a subsection pig• des ,. } ncoinpli ance ryitl
his obligation to maintain the dwelling unit, the landlord may give notice
that in :Ili action for rent ,here ,the reprint is ''not in pws •si^n;' the specifying rile acts and omissions constituting the breach;,„and- that t
he
tenant may counterclaim but he "is not required to pay any rent into rental agreement will ternii-cte,upon a elate not less 111,1, a, succificd f
court.” 0s The question raised here is whether the phrase "in possession" number of, clays (30'days 'suggested)'after receipt of the nonce, u.il,s the means in possession legally and being entitled to possession or whether it breach is remedied in a spccilie(!'mlmher of ila}'s 14 (Iacsis❑^�estcd he
•' means being in possession pMsicttlly. 11 ale tenant is in possession legally substantially the same act o ( oo )• If
'') and entitled [, possession, he should still He required jxiy his great p' ) r omission u4ueh CJ71511IIIEC(1 101' noncom-
] "ince of whicll notice was given recurs within a stated time (G months I
whether or not he actually occupiei the preutises. 7[ he has rightfully :uul suggested), the landlord m y terga;:arc upon .r sjiecifictl number of Ela .
+ legally termina[cd Ehc aglccnicut, lie may not be entitled to possession in (14 days suggested) written notice._,' If rent is unpaid ;vhciY due and the
y which case }le should be required to pay rent into court only if he still tenant fails to, pay rent tci;bin a specified number of days (I•1 days su
occupies the premises. A workingdefinition of these words would be helpful. gested) after written notice by the landlord, the landlord may terminal
5. Casua!!y Damage. The Act provides that if the dwelling unit or tile 1
e rental agreement 'hC landlord may rccot'er a ylt ages :,ad obtain
tiie premises are damaged or destroyed by fire or other casualty to the injunctive relief for any noncompliance by tic tenant with the rental i
extent that enjoyment of the rttcelling unit is substantially impaired, the :Igrecment or the tenant's oblig tion to maintain 1hN dacllimg trait, raid
I tenant m.i}• inunechately vacate the premises and notify the landlord in iC, his noncompliance is willful, tile' landlord array rerovcr r(:uimablc
writing tsithin a spccilied nuinbcr of days tlicrcahcr (I•l; clays sug;(stcd)af attorneattorney. f eesN3 pursuit of OTIC such rcniedy dcvs not cxcludc pltrsuit Of
his intention to terminate the rental agreement, or, if continued occupancy example, the landlord may site for unpaut rent and possession
`•11 is lawful, vacate that part of the building or unit rendered ususable by the at the same time he tenninatcs'thC agrecmcnLl�'In order n 1,d possession
1 FirC or casualty, in which Case the tenant's rent liability would be reduced Y'Cntal agreement for unpaid rent, even if there is a recurrilla'(1ef te EHL
cult,
j in proportion to the diminution 1,Y titc fan rental value of ire dx•clling the landlord mist give a number of (la', !•l da �s suggested) i
unit cu Where die tenant has exercised his right to terminate, the landlord > ( ) bested) notice 1,C
T*Section 4,107.
elsection 4.105(x). ^Section
Mi
WS
cction 4.1"Section 4..01
05(6). "Section 4401 b). ,
. tiSectIon 4,105.:., �(.. "S ^ S
� .See Cotntnnu, 4.201 Fourth
Yoikinc Inte rt„t� ,nvm ...
-
120 ur..u. PIMITIM', rRonATAND TRUST JOURNAL [Vol.
t: 8:101
Spring 19731 mNIrORaf REs1UESTIAL LANDLORD -TENANT ,1Cr ]2] ,
nonpa)roieitt to the tenant during which time tenant may pay and avoid
for a term beginning before tine expiration of the icnlal agn•cule:lt, it 1,
termination. This results in the tenant's right to an enforceable grace period.
deemed to have terminated as of the (matt of the new MIMIC)% itis ]lot
The'conscquence may be a continuing, lag (equal'.o the period specified in
clear in such case whether the ten:me remains liablefor the dilrerence in
(
the statute) in the payment of rent. It seems appropriate to provide for
rent for the prigin:d tcrnl, if the ncty rental is less thaw that, pius•ided in
Ilia landlord's rl(;lit to collect a sel'vice or late cilargC ill these Illst:tliccs.
]IIS rental agreenictt. The failure to use reasonable cffcirts to ohmin a
i
If the landlord dcnlmuis,by WI-itten notice thrit the tenant reiledy his
tenant at tite fair rental willresult in file landlord heint!decined to Imre !
sperified nonromplinnce lvith the obligation to maintain die dwelling
accepted the tenant's surrender as of the date of the abandomiicsu.s'a
unit as promptly as conditions require ill the ccise' of enlugetrcy or within
3. Waiver. Acceptance of tile rout with know ledge of default by the
x spceifted thither of days (1.1 :1a)ti suggested) and he fails to do so,'
tenant or acceptance of performance by the tenant which varies from the
j
the landlord may then enter the dwelling unit, cause the work to he done
terms of the rental agreement or rules' and regulaiions subsequently
in a worknliuilike manner, and submit no itemised hill, for tilt actual and
adopted by the landlord constitutes a waiver of his right to terminate illc
•
reasonable Cost or the, fair acid reasonable valuethere f a rent th
o s c t on e
ile:ct date when the is duets Tlie l:uldlord's
rcitutl uSicen4ent for that. particular breach unlese'nthtr,.ac ar,rccd after
periodic rent right to perforin
the breach has occurred.`, But questions';irc nli.ed as to whys file 1.111tt.lold
f
t
work himself and bill the tenant for the fair and reasonable value thereof
should not be able'to accept rein if the tenant is in the ptcicess of curing
is as susceptible to abuses as the similar right in the tcnanVo Note, how-
a default or if he accepts rent and gives notice to' the tenant Of hn existing
t
ever, that there is no limitation of the value of sucli work perfornled by
default with'a time linlitaticnl within Which the tenant inu.ef cure that new
the landlord, because he is preserving his own property, 'rather than
default. Certainly the language leer^ is susceptible of mmlylinterprewiions,
exercising coiurol neer the repair and maintenance of someone else's
and clarification is needed.'Pent:itting cite landlord to ac rpt rent lifter a
property as the teltant is doing in exercising his self-help remccly.77 It
breach only v: ith the tenant's consent that such is :lot a waiver of: the land -
should also be noted that in file event of it recurring breach, the landlord
lord's rights would appear to place umicress:uy''powcr ill [lit! h,uuh of a
i
ma}' elect at 'tile time of each breach which reined), he will pursue. For
defaulting tenant. perhaps in order to avoid abuses by the landlord. it
example, the landlord may elect to demand that the tenant either repair
should be provided that he fila? accept rent 'front a defallhing tetanic 4rith :,
or pay for the repairs in a number of cases, and, upon a later breach, lie
reservation of riglits so long as that reservation of rights is communicated
may demand that the tenant either repair or face termination of the rental
by uTitten notice to the tenant before the landlord ncrcpts the tent.`=
agreementis
-1. Licns. The Act abolishes the landlord's reniedy`of ilist:aint for
2, dbnhdaurtenf. It the reseal agreement requires the, census to
rent ss
t
Mve'notice to the landlord of an anticipated extended absence in exc:css
5. Rcinedies :1 h•r 7'criniialion. If the rt:nta! abrecn)cnc is tcrtnin-
of a', specified number of days (7 clays suggested) "as required 'in Section
ated, the landlord may have a claim for, possession and for rent and a
SAN" and the tenant wilfully fails to do so, the landlord may recover
separate claim for actual damages for breach of rental agreement and for
i1nn1 ayes from the tenanf.7,f lint section 3.101 me tdy provides that
real.::tahle attorney's fee0l
•iceman
tilt rellial wrccnlent"mal" require that the tenant notify the landlord of
G. Possession. The landlord is prohibited from rerirtcring or f khig
any anticipated extended absence. It is not clear whether such;prov.sion
possession of the unit by any action, including willful diniinutioll of
j
is meant to be mandatory. Use of the phrase "as! provided in Section 3.101"
services to tile tellant by interrupting essential Services, except in the case
ilia) be preferable. The Coin lit issionels further confuse this area, by specifi.
of abandonment, surrender, or permitted, specifically ,under the Act.S3
tally' permitting tile landlord in such cases to recover actual damages from
It would seem that even a defaulting tenant wl:o fails to give possession
the tenant. It would appear that such langunge would he tnineccssary, for
after notice of termination of the rental agreement is entitled to essential
:civ breach of the tell"!! mnecmlcmt should give rise to the Tight Of the
services and, continued possession until actual COUrt enforS111eiit of an
aggrieved panty to recover nctual damages sutiered.
order to evict. Here again we are [aced with the failure to provide swift
Section •L203(h) allows the landlord to enter the dwelling unit at
and equitable relief pursuant to proper z.iministration of justice. 1'erliais
„
times reasonably necessary during an absence; of a tenant in excess of
specilial n.unber of clays (7 days suggested). Section 4.203(c) requires the
--Section 4303(c).
landlord ilk the event of abandonment by the tenant to nlalie reasonable
subw e11G 1.
- °
efforts to rem the premises at a fair rental If he titan rents the premises
!h ace Connncnc ,1304 ;;puroved Draft (lanmai) 1973) wli re t4ot ,net n m is c.-
»'c" "' hat acceptance of rent ,Title there e\isis a breach of 1 rot:(m 10.., (!m-, ., ii not bar
�aodlonl s leniedy for a Inter breach. Also, it is
skilled that acceptance of urp.0 i :cu: paid
iftt.4 expiration of it termination notice does not constitute ti. ,t•a)eer of ills termination.
f
`r'Sect!on 4302.
If such continues to be the intention of the Commiuioners. revision of F4304 would appear
test supra at note 01.
nectuilry.
r :St- Section 4.103.
"Section 4303,
Comment §4302, Fourth Working Draft (July, 1072).
"Section 4305.
-
"Section 4203(a).
"Section 4_207.
r ::.
i
,
122 REAL PROPERTY, PRORATE AND TRUST JOURNAL (Vol. $;]O-1•
Spring I9731 UNIFORM RFStn&\TIAL LANDLORD -TENANT ACT iE'u'
r
some of the frustrations caused by this failure to provide,a procedural
when the violation of the applicable building or housing code was caused
device for prompt relief can be avoided if the landlord were allowed to
primarily by sonic act or omission of the tenant, or when the tenant is
recover possession' and diminish or cease serv!ces'aftcr judgment awarding
actually in default in rent or when compliance with, the applicable'' build -
Possession to the landlord.
ilia or housing code requires some alteration or demolition which would
F. Miscellaneous Tenant and Landlord Actions
ellectively deprive the tenant of use of the ctw•ellina unit.93 The langtnage
!
1
of this -last provision raises questions' because ir'does not explicitly state
1. Holdover Tenancies. DeCulfte limitations on the amount of notice
that die defense of retaliation is not a good defense in these cases, but
ppp
required for the termination Of'a tenancy. are prescribed. It is, suggested
merely say's that, notwithstanding the prohibition against retaliatory'' action,
that 10 days be given in cases of a week -to -week tenancy, and that 00 clays
the landlord may bring an anion for possession in these enumerate(! cases.
be given in a mondt•to•month or longe, tenancy Sal If a tenant remains in
epossession
ns a holdover tenant, the landlord is entitled to bring a1 action
III. CONCLUSION AND RHCOMMLNDAT(ON
I
1
for possession, and if tenancs holdover is willful and not in o
P �ooil faith,
The fid
(
1i1e landlord ma}' renter punitive daniaaesyr IC [hc l.uullorc! consenisto
of landlord -tenant la w is one that has undergone much
reform and c11a1gc in the fete The recent trend has been
j
the tenant's confirmed occupancy, a new tenancy would be created and
past years. to
embrace male prig cip]es oC the lath of contracts and depart from ntij�fica•
]
secti�n 1.201(4) would apply to determine the term that tenancy.
. Abulse of Access. If the tenant refuses to allow lawful access, the
tion of some of the principles of the lair of real property., The Conimis-
a
y
landlord may obtain injunctive', relief to compel access or terminate the
sinners on L'nffomi State Lays hate in this proposed draft of a Uniform
rental,agrcemcntss The landlord should not be forced w choose one alter•
Residential Landlord and Tena itt Act attempted to legislate those lriiicinles
which should be for
3
native relilecly to tl:e exclusion of the other. Certainly protection of the
P
the lidelincs today's lardlordtenant re]^uollshi ).04
It is appropriate that "numerous' w' hes
I
a
landlords property would be sufClrient reason for him to compel access,
questions fro -.-n:
i 1.� ill evolve .to -n t..c-e
attempts to depart not only from existing rules and statutory constructions
}�
and it may be that"w•hateverhas occurred by reason o[ a'tenant's acts or
but indeed from the very basic common law principes which until now
omissions might also justify 'enninationof the rental agreement.
have governed this area of the lay.
The tenant may recent recurrence of the landlord'entry
s unlawful
P y
t
Recent must decisions have extended the obligs ations of landlord's
or lawful entry in an unreasonable manner or repeated demands for entry
otherwise lawful but wh.ch ltayc the effect of unreasonably harssings,l)c
and
the rights of-enants. It would a cur that tenants' interest r0u is tecu!d
i
tenant by, injunctive` relief orale may temmnate.the rental :agreement. :
prefer not to see a uniform cope a[', this 'time. Their rcasonin� is diat
"additional reforms be achieved �b
39.!lclaliatoryaclion. ,This Article of tlie.Act provide; a nc'� avast
will :court decisions.' and that such
reforms would be far more extensive 'than those proposed to be included
to the prohibition against retaliatory eviction usually encountered. The
may
in this Act. They fear that this Act; if iendorsed by the American Bar
• j
landlord not retaliate by increasing rentor decreasing services, or by
Assonat:cn,, would exist as a set of standards and guidelines !or urines
i
bringing or threatening to bring :in action for possession after the tenant
has
involved in these 4CC15!OI75, eve» if the act were not passel by tlir specific
i
complained to a government agency concerning enforcement of build-
ing or housing codes, or complained to the landlord of 'a violation of
itirisdictions The result would be that the ;t.i,:c'..:; he. ,,;;1"c i;ould be
' i
an' of hislobligations regarding habitability; or organized or become a
y
relied upon by judges searching for appropriate guidelines. 1 lice stand-
Ards would therefore become the limit beyond
member of a tenant union or similar organization flu Evidence that a tenant
whirls an sn-ge,ted refor111
would be condemned as unreasonable, if not l:t(!ica!?3 On the ot'.lcr naiad,
has taken su(It action within one yea hrlorto the alleged act of ru• liation
landlord,representatives have felt that any preyumis wil:ch are contrary
i
creates a presumption that (it,- landlord's conduct was indeed ill retaliation.
to
CStablished traditlOnal I•Cal property law concepts are not Only ag;linst their -
i.
Thus, the landlord will carry the burden of proof to shots with the prepon-
derance.
interests but als0 will ham per the linancin or i�!,I nonan ell lti•imit LOus•
Of the' C1 ii!e`I7CC lll:lt 1115 shit for,110'session 01' 10 termillate line
1e11.111c)' Is justified by reasons Odler 111:111 those l:hich would he categolized
in,�. It would npmcar that the Conlnli.;ioncrs lime
our
as retaliatory:l" However, the landlord may bring an action for possession
thea'al I , intentions :111dC1 orts a � U) i,;:
cnmutage(t. IIowcicr, it is submitted that to have drafted
i
;.
"'Sect ion 4.501(1), (b).
iilur entire :
revisiolis of Elie Act w•idlin six nlonthsP6 indicates an extremely intensive
!Semon 1.501(c)....
".ac tion •i :;(13(x):
"S¢CCaa
7section 4.103(b). Unlike the case of the landlord, here it is�prrfectly rcasonzble to list
in l.ecr.!n; illi (his bend, the co:ntidseiailers nip Aeails i i;leir r:,.ud, rano •. of
Elie turn remedies i n'.tl:c alternative, for if tenant cleas to terminate lie. must surrcoder
those Frublaas.• n.lC the determination that a lca.c and the Ixi.6lu.d irn vlt<. relallonotio '
(
7
poss�Dsiein.. _ t 'n,
See, "c.!,•., 1969 Laws of 'Maryland, ch, _23. See generally \tclahancy, Itcto wory+ L'vie•
should be s•ici,' i s contracts 1 mr.hr,c.:7c Les:. ui I I,.r.: i �,s
See Mos;m itz, The Model Lanrilard-Ter:ant Cade ,-Iii Unr.,.CG(:b7c Compromise, Y
`• +'
[fon$: Landlords, Tenants and Lair Reiorin, .9 %to. L. Rev, 19S (19G9).
- 01Snaion 5,101(x). ,
UM%N LA\i l'LR 59: (1971); Cibbons, RaidenIial Landlord. Ten ant Lau;: A Survey of. Mader?
` Problcrnr With Relerence to,lhe Proposed 'Model Code, 21 ILurnes L. T.'369.414Am no7ni '. ''
t �
,1 .12.1 RKAL PROPEItl'Y, PROBATE AND TRus-r JOURNAI•[Vol.:10.1. Spring 10 3 UNIFORM RIis1UE\TIAL 25
' % LANUL i • }}
[\ of p rEN,u.•i• Act• f
1 5
-� P 8 ) - ,
and energetic e(iort to have this Act endorsed in as Cxpeditious a manner UNIFORIvf RESIDENTIALLANDLORD AND i
as possible in order to place it in public view as foist :is possible. It is the
feeling Of this StIbCo l unittee that the drafting problems entailed in such TENANT 'ACf
` a ,project, ,the different questions raised by [lie above comments, the
c:tthttouS crnnurunzn and consideration required in :my departure from AIt11CLL I
CrNxp Ar, PI:GVISI^\S :Y
the n•Irhtimhal in-i—inles r a r t t of law, and the e:ErClnely polar
..^, D..l'L`lITIG::S
positions taken by the landlords and tenants concernitio the provisions of 1'ARr I t
this Ac[ are such that no resolution of ill aspects of these problems can be SHORT TITLE, Cosmucrtox, ArruC,vriON AND SUDJIU.T 1Lvnna; of THE
i adequately expresso% and explaih.ed in so short a time.
It is Elie recommendation of this Subcommittee that. the American Bar' SFaIIoN 1!101 Shoit Title. This Act shalt be known and may be cited as the
hifo 1 Landlord and Tenant Act." !
;l Association not take .any action on the proposal Uniform Residential Ui rnrResic.ential L ,
# l.;nullord and Tenant Act until such time as additional and necessary' Cwtstesr
• .� consideration has been given to remedy Elie inconsistencies and inadequa• - This Act concerns landlord•teuan[ relationships under rental agreements for
residential. purposes 1.201): 'file Act does nm.apply,ro rcnudagrecnhcuts. �
cies oC the present draft. It is not the intention of this Subcommittee to made for commercial, industrial, n6nicultural or any purpose other than residential.
take either the landlord's or tenant's side to the existing argument but, SwrioN 1.102 Purposes; 1bu1cs of Construction.
merely to acknowledge them. The Commissioners recognize [hese problems, " (a) This AL. shall be liberally construetrand applied to promote its under
and they earn our respect when they attempt to deal with them. However, I Ing purposes and 'policies.
We must caution against any rush to judgment. 1 (b) Underlying purposes and policies of this Act are
(1) 'to simplify, clarify, modernize,` and revise the law governing the
Respectfully, submitted, rental of d"vellin^ units and the rights and obligations o g of landlords and
t
R tenants: l
BRIAN J. STRUM, Chairman. Newark N. J. (^_) to encourage landlords and tenants to map
intain and improve the
NOI .I N M .\KNELL, Kansas City, ',to.n t.
to. IL+nolALSI.N, Cleveland, Ohio ': quality of housing;. and - r t
Per..x U BAIt10, Phoenix, Ariz. \tAm•Iv C+RrINRa, Philadelphia
(3) to make uniform the law with respect to the subject of this Act t
+'+ RODERT w. CANNos, Baltimore, Md. Finest 11. Lrs.uti, Carbondale, III• among [hose states x•hid7 enact It. t
s 3
t
'Existing landlord-tenant Ian• in the United States,
save as modified by Stamm
or judicial interpretation, is a PrOduc..of English common int developed within `
a an agricultural society at a [ince %then ]doctrines Of pro
tius.ory contact ,iters
j unrecognized. Thus, thc',landlord•tenaiu relationship was vie tszry conveyance of
re
I a Icasehold estate and the covenants of 0 panic, general) nulcp•ndcnt. "!'hese
•` doctrinesarc inappropriate to modernurban condntons and inexpressive of the
vital interests of the Panics anti the public which the Ixa' must protect.
']'Itis. Act reepgn¢es the modern; tendencyc, to neat performance of certain r
1 oblibitions of the parties as Interdependent.
Liberal construction of this ACE and its appplication for promotion of its under.
-: .lying purposes and politics will'-permit development by the courts in light of
unforeseen and new circumstances and practices. 11mvevcr, proper constru '
1 coon '
' � I
Of the Act requires that its interpretation and application be limited to is reason.
St.anoN 1.103 Suhplernenlary Princi4les O raw ah'>11ca5fa` L' 1
1 r r n ca displaced
1) the'prot•isions of tft!s Act, the principles of law and equity, including the law
relating to rapacity to contract, mutuality of obligations, principal and ;wcrit, real ' I
property, public health, safety and fire prct•ention, es[opi;c•:, raud, 1141 f isenta•
lion, duress, coercion, mistake, bankruptcy, or other va!itlaung or i:a.illd.uirg
cause supplement its provisions.
CONINUNT
i This Section, adapted from Section 1.103 of the. tlnifonn Commercial Code,
indicates the continued applicability to landlord-tenant relations of III suptsle•.
mcntal bodies of 1a--v except in so faras the)- are cxplicitl' displaced b) this
The listing given in ttis'Scctfon'is merely illustrative; no listing could be ex-haus-
I rives
'Id. ,Vote. The Conunissioners withdrew their request for approval of this Draft by `
k ilio American Bar Association at Its Mid-Ycar meeting in Cleveland in Februmy.
5 _
126 REAL PROPERTY, PROBATE AND TRUST JOURNAL [Vol. 8:104
$Jr!!1a 197$) UN1f0°.\[ RL'SlUENTIAL I.ANDLORI}Tt:NAN'f ,\Cf i21
'.i 04 Construction Against Implicit Repeal.. Thus Act being a gen- 4 Transient occupancy in a hotel or. motel or lodgings sub•st,to
SELTION 1.1 p b E [ 1
S O P ty [
i ,. atter, no art o[ it is to be
cral act intended as x unifies coverage o[ its n bjc p cite state unuaiciu lodgings or wunPnceup wdv eseisc ns aeT.jl
construed as in[n'a:dly repealed by subsequent legislation if that construction can (5) Occupancy by an. employee of a landlord whose right to occupancy
'.
reasonably be asoidcd. is conditional upon employment in and about the premises. - l
:
.
Co>ntEa-r (G) Occupancy by all owner of a condominium unit or a holder of a
This Section indicates Elie policy that 110 Act which bears evidence of carefully proprietary, lease in a'cooperative. :
considered permanent regulative'uuention should lightly be :regarded as irupliedly :. (i) Occupancy under a rental agreement covering premises uxd by the
:
repealed by subseciuent legislatioiii.This Act, carefully integrated and intended as occupant primarily for agricultural purposes.
'ra uniform codification of peminnent cltaracter covering an entire "field"'.of hvv, Com%frN-T
' snarl •resistant to Em plied re real. n anon in residential properties. It is not
be
regarded as p particularly I l This Act re ilates landlord -tenant relations n r
is to P 7 : g+ I
s
SrcrToN 1.105 Administration of Remedies; Enforcement. intended to apply vyherc residence is incidental to another primary purpose such
-a The remedies provided by this .Act. shall be so administered that an :u residence in a prison, i hospital or nursing home, '.a dormitory ots•ned and k
ag -icved party may recover appropriate damages. The aggrieved party has a duty operated by a college or school, or residence b) a landlord's ernpiciyee such is a t
cus'odt
to mtugate damages. zn; janitor, guard -or caretaker renleriug service in or about the d ind
.. t
• (b)' Any right or obligation declared by this Act. is enforceable by action preinises.:l his Act is intended to apply [o government or public ageneses aetllrg
unless tie provision declaring it specifies a ditferenc and limited effect. as landlords (Section 1.301 (S)) . .
This Act does not apply to occupancy by a }3)urclaser under a contract of sale.
This Act, applies to occupancy by the holder of an option to purchase, as distill. i
Subsection (a) is intended to negate unduly narrow or technical in[erpreta• guished from a contract of sale.
•' tion u remedial provisions and to mal,
clear that damages' muss be,ioininuzed' This Act applies to roomers and boarders but isnot intended to. apply to ' (
t I. The use of the wards i�taaeved;party' is intended to indicate that in appropriate transient occupancy. In' many jurisdictions transient hotel ,operations are subject t
.circumstances rights and remedies may.c�tend to third persons under this ilei or to special taxes and regthladous and, where available, detertlunations under suds �S
supplementary', principles of lase. (Compare Article IV, farts t and 11). audtonty'constitute appropriate criteria.
described Act is enforce- C
0 obligation dk v
an •,.ri ht r • � exclusions is o enumerated apply • onl to genuine, bona fide at' an c-
Subsection. � .111.oftle c.et i ns c
b cn r
Under Su sc S S S
Un N) )
able by Court action, even Clough no remedy maybe eft pct. lylicthed for acts , mems notcreated(see toavoid the application of the Act and are subject to n'hc test
.�•i
particular provision specifies a different and Inn
i[ed eliect. �Yhctwr tort 'amen, of good faith sec Section 1:90'_ l
a s ecific c onnanee or c unable relief is available is determined not bytiis Sce- [SI:crio;r 1(903 Jurisdiction and Service of Process.
•' con but by. specific provisions and supple=ntary principles (see Section 1.103). �(a)', The [ ].court of this. state i n\ eeercise jurisdiction over any
Stirno� LlOo Settlemera'pf Disputed Claim or Ri;Lt. :1 claim or right landlord with rest ect to any conduct in this state' ove.ned by this Act o with a
arising under this Act or oma rental agreement, if disputes in good faith, may be respect to in)- claim arising from a transaction subj i t to this Act. In a d,,,iott to
settled b• a nny other method provided by rule or by statete,'.(icrcon.1,ju.isdiction.owr a
y agreement. landlord may be'ac acquired in a civil action or proceeding instituted in the court
Count �r Y 9 1
av
1 : by .the service of process m ;the manner - r tdcd b this Section. .
This Section applies to settlements of dafins asser[edibjroeintheTior a yo T of (b)' if a landlord isnot a residtnt of this state oris a corj,ura[inn not author-
! tenant. Subsequer.:.sectiors of tlhis :1ct' (a) forbid ate ttn P Ezed to do business iso this state and tit c< in any conduct in tots si w oc.rned
r 1.
rights 1. (Section 1.408), and (b by tie bargain of the partes to the test of by this Act, or engages in a transaction' subject :o this act, lie may tdCs %1.!c an
S bilin Section 1.809
} consaona y ( ) agent upon whom sen•ice of process may be made in this state. l'he a„u , e ;.11 be i
a resident of this state 01, a coi'potation aud101i:ed :to dobushels its this state.
q Pea'r1I The desigimtinn shall be in a writing and filed with the [Secretary of Snte7. if no
ScorEeNo Juxuatcrlo� designation is made and filed or i[, process cannot be served in this state h.pnt the
designated agent, process may be served upon the [Secretary
of Scale), but scnice
SEcnoy 1.901 Territorial Application This Acs ppbes to; regulates, and iron tuna is not effective unless the plaintiff or petitioner forthwith nt ds a copy
u
wherever •+ i.., ,
emu certified i o the • <
. ... agreement, o the' Process and pleading b • rc t.rercd or c rn fie i mail t c dpcfcn ..p„ or
t a
TCtI[11 I C
i „ outs u•.0 r g ) S
made,deterfor signs, oar io,tt.o
pis ai.d rc... gr P P
rnade,for a d;celling t nt located within this state. - : respondent -it his last rcasombly'ascertaivable address. Ali '.affidavit of compliance ,
Secrlos 1 :0? Exclusions from Application of Act. Unless treated to avoid with this se•C11011 Shall be filed with the clerk of t1c court on or before the return
the application of this Act, the [ollolving arrangements are governed by this clay of the process, if any, or within any further time clic court allows.]
COAtntLN T
Act:
(I) P.csidc»cc at �n msnmtionr public or }iThis Section bestows jurisdiction on the omnis of the matting u•ix. Deer
m.uc•, if incidental [o dcten•
tion or ire provision of coed sod ceriatrie,.educational, counseling• religious, landlords alto violate ate Act and peoyides a utc;hud. o[ ob Tu m+l pet e tats juris•
or similar sen•iee.' diction by service of p ocess.', The bra
or mdte;tc tl•a dt; ec wn rp y be :
(9) Occupancy under a contract of sale or a d\rcling unit or. the prop- ounucd by chose statesw which already have "ton laid sn mi.i..I.:c Iholit under
My of which it is a part, if the occupant is tie purcltaser or a peaon who this Section are additional to those provided in', aectinu 9.109 of this Act.
succeeds.to his interest The words 'Secretary of State" are bmckme d siucc in, some. jmis Inions -some
(3), Occupancy by'a member of a fraternal or social organization in the
other public official 'may bc designated by law as empowered to recehvr ser tepee
] or the benefit of [lie organization. _ This Section as drawn) does not rovide,foi- substitute service and ursfiiction
i portion of a structure operated ( in an action broui ht against a tenant. In the'' Mein• of the Connnissiarcrs rutlhoe.
d COp[\SL'CT zation for such procedure, it deemed a ro rime, should be made b general legis.
A fraternal or social organiznion is deemed to also cover the.' club: PP P , Y S S
nation applying [o all debtors, natural y including tenants.
I
1
12S REAL PROPERTI', PRORATE AND TRI•ST JOURNAL [Vol. 8110.1
t-
9
Spring 1973j UNIFORM HF.SIUE\TL\L LANDLORD-TE\.\NT ACI' 12•
f
+
PA1LT III
(10) 'Rent" Means all payments 10 he 11111(lc to lite landlord tinder the
Cil:\EFA i. I)i.l IN ITLGSS AND PFisnIP1.F's OP TN'll It I'It I:I d-i'1(1V: i\'c)'rICE
rental agreement.
'
$ECTIOS 1.301 General Definitions. Subject Ln a(i(11llOilal (iCGll1110115 con.
I
- (11). "Rental agreement' means :Ill agl'Celllculs,' written or 01711, and
valid rules and regulations adopted tinder SCGtfon 3.102 embodying the terms
+
:
1
twined in subsequent Articles of this Act which apply to Sp CCifiC Articles or Paris
thereof, .11111 U11105 life COntCst 001CnviSU .e[Ltli MI, in this Act
...
.111111 Y011d Il10115 COiIGI'rn iilg the I15L' atl(1 OCCllpailCl' of :, dl1'Ll hdlg UIIIC Gill!
and coli.
1
'(1) "Action' includes recou mlenE, counterclaim, setoff, suit :it equity,
y
: and any. other proceeding in which rights are determined,. including an
Cos1vENT -
j
.f
action (or. possession.: '. ,'..
(") "Building and housing codes" include any law,,' ordinance, or gov.
"Rental agreement' will thus include the original agreement betwccn land•
' lord and tenant as well as any modification and all'. 14di[I rules and regulation,
J
elnmenial regulation concerning fitness forhabitation. oi- the construction,
'concerning use and occupancyas provided in Section 3.102.
'
•
maintenance, operation, occupancy, use, or appearance of any premises or
dwelling unit.
(12) "Roomer' means,a person occupying a (iu01illg. Unit th.1t docs non
Co>ntENT
include a toilet and either a bath tub'ol .I ,hower vld a nfri6en:or,.stovc.
kitdreli by
J
and sink, all prot•idad the landlord„and where one or more. of
a
Typical of st1Qn "building.1Ad'hOUS.ng GOde`S' ❑rL` housliln building, sanita•
these facilities are use(! in common by; occupants iii the structure.
tion,'. electrical, plumbing,_: fire prevention, 'safety and security ordinances and
regulations. It is intended to include all such codes whether enacted or promul•
i. Coatat>:%•r
ted tinder federal, state or local authority..
This Act provides lesser rights to a roomer as distinguished from the ten.1111
{
'
(3) "Dwelling unit” mrmrs astructure `.or the part of .1 structure that is
of T duelling unit. The dcfinitiolr requires certain facilities to be provided by the
E
-
used Its a Koine, residence, or slccpin place by one person who maintains a
'p gg
landlord. This requirement Is not met by provision of tile Santa by'jIle tenant.:.
y . -
'. household or ° or persons t•ho maintain a commomhouschold.
13 Single family residence". means n structure maintained andlused
( )
q
'(1) "Good faith":means honesty En fact in Elle conduct of the tans•
as a single dnveHing Unlit:.'NOCwiLhstaUding that a divelling unit shares One
f
+
action concerned.or
more wall, with nnotl= dwelling unit it Is a single f nudy'residcncc if it
"Landlord" means the owner, lessor, or sublessur of the dwelling
leas dh-ect access to a street or thoroughfare ana shares neither Leating.faci!i-
1
.,(5)
unit or the building:of which it is a pan, and.it. also Means a manager of
tics; hot water equipment, nor any other essential-faciliq• or service withany
die premises who [ails to disclose as required by Section. 2.102.
other dwelling.unte '
(G) "Organizltion" includes a corporation, government,. governmental
(L=) " 1'cuant" means .1 person ciritic(1 under a Icntal.'agncnlein m
'occupy
��•
'§
subdivision or •gency, business trust, estate, trust partnership or association,
a dwelling unit to the exclusion of others.
Y
"_ or mine ' --persons !taring it joint or common interest, and any. other legal
ScertoN 1.30?' Oblila:'on of Good failb E{very duly in,der this and
d
or commerce tl entity:'..
1
(7). ;'Owner" means one or more persons, jointly or Severally, in whorl
.1cf,
eley,act li•l:ich mast be performed as a condition prc(cdenl to the C.%eldse. of .1
right ',orrcincdv under,. this Act obligation
j
'
.. i
is vested (i) all or part of,,the legal title to property or (ii) ,all or past of
.imposes :tit of good faith in its)cr•
formance or enforcement. ". 1
S
the beneficial ownerstli) and a right to present use and enjoyment of the
..
:
premises. The term includes a inortgagee 111 possession.
Co\[>IENT
f
•
\
COSI. MNT
- Section 1302 is adapted ted from Section 1 ^ f
.U3 O(Lhe .,
P Unl >nn Co rola rc
i. e nal Cole.
!
'. 1
s
':lcmrdingly,.in the ease n[ an active mist where ill ilia duties and posven of
'
•\s the corlmemators'there said; "This Section sets forth .1 basic)
:p rinciplc running
dlrougllou['.this Acta. The principle involved is in
!
management inure to Elie trustee to
and the rights of the beneficiary arc limitedlimited00(1
thaE commercial uallsa(tions
faith is required in tl.c 1 r
g S. performance and enfw.:e; uu
f
the receipt o[ income frau. Vic u•1uC estate onul the bmlc Gci:v • has uo right u) the
I 7
n 1..:3 vein (ants ut
duties." The commentator -s there drew attention to lr icular:aj) limtiolls ':his
j
present use and enjoyment of the property,. ilia trustee would he considered an
owner but the beneficiary would not. In . ilia mse of the so-called "naked title"
of
general pprineili!c: The intention' is ;iia! the rule be �idcnucal tri iand!ord•icu:utt
J
trent encountered in sonic juriulictinnslehcre the trustee holds acgal title but all
relationshi )s and, similarly, )articular a i plications o[ this
l _) I I l general principle appear
in specific o. this Act
I
q
'1
otters of management and direction am vested. ill the beteficial the trustee. as
p �'
Provisions such as csdusions. (Section LYii?), ret:diatury
Cviclion as well as Complaints trade Co authorities (J'eetien 5.101),
�
the holder of legal title, would be considered :m owrcr; the be leflcilrv, since lie
public all(i
obligation of the landlord lir
[o repair • (Section 2.104 )
I
i
has a Eight tinder ilia !rust agrcuincnt to present nue and enjoyment of the prop.
. .. �
art),, would also be eonsidercd an Owner. The same result would be reached If the
Si.crlos 1.503 Unconscionribifity.
trust were revocable at tilt direction of the beneficiary. In the Yasuo[ proI)arty
.
(�•1) If thecourt, as .1 matter of law, finds
1
!
hell! in thelnanle of a nonl:nee or. straw the beneficial owner would be mnsi(Iered
(I1 5 rental aG:cement or any pa
rznr.m Ili,
i
all owner.
when made, ter, court may refuse to enforce .file I,ruirient, enforce 'thr
!
- (8).. "Person" includes an individual or. orgarirttion.
remainder of tine' agreement without the uncnnscionablc provision, or limit
Q
' (9) "Premises' means a dwelling unit and the structure of which it is a
tl u application of any.,unconseionafile:provision to avoid :lit inicotsc:nnable
part.and facllitic> and appurtenances therein and grounds,area; .111(1 (aeili-
result; or'.''.
I
: - ties held out for the use of tenants generally or whose use is promised to
)\
(=1 a Settlement ill 1C11iC11 .1 parL\' wlltll Ur agrc s ,o f01V� L r cl i;n or
- die tenant.
t
no it tinder thus Act or undct a lunul a"l(eslcnt w Is tlI1CJIlS:. R 1 C },hell
made, a(Ic,'thc court may refuse [a enforce the sctticincntl.<.nG,ror t..x e,,,lli;l,!d,•
1 (
Agricultural leases are c%clude'd train operation of ilia Act (Section 1.202 (7) )..
of the setticlilcntuitilou[ dleluneonseionlbicht'0%kiou, or limit the applica•
-'tion of any uncon.<cionablc provision to avoi(1 an unconscionable result.'
;j
b Inclusion of^, grounds, areas and facilities held out for the use of tenants" docs not
(b) IE, unconscionability IS put into. issue by a or by ilia
'
•. •' .
patty court upon. its
own motion the nartiLi 111,11 hd..•,
1
•190 : REAL VilOvEIClr, PROBATE AND 'Murgr,1OUIL\Al. [Vol. 8:1ol
10%31 11\«Onr Rniu)ENTIAL LANDLORD-Tt':N.\\T ,1(T t
131
t evidence as to the setting, purpose, and effect of the recital agreement or settle-
ment. to aid the Cour[ In making the determination.
upon liv the parties. Unless odicnvisc agreed, rent is payable at the dwelling
- i - (narsuxr.
unit
and periodic rent is payable at the beginning am• temp of one month or less '
Section,
This ection, adapted from lhc. Uniform Commercial Code ;Old the Con.
ire otherwise in equal monthly inst.1)IOleuIs'It tale beginning Of each month.
Ln!ess otherwise agreed, rent. is uniforndvapportiouable �roni'.day-to-day.`..
sumer Credit Code, is intended to snake it possible for the cou: is to police explicit.
i.
(d) Unless the rental igl'cemcift frxcs a definite
j" :. ly against rental agreements, dmiscs; settlements, or waiver c 1 -:�,,•
gr" s o. c-.". ci„�.,.
which .they find to be unconscionable. This Section is intended to allow the court's
g-
term,' the «aaii • s yr
\:cel its nae of a rnnnu•r l,•,,,.; 1 i ..,.1 -' „ 1 - �i cek•to-
1._,1 .z_ .....,,z. .enc, ,,,.. .,.ler [.iiia uiinl[It•to-
month. ,..01
to pass directly on the issue of uncnnscion!Ibility and to mile a conclusion of law
Tis to unconscionability. Tile basic test is whether.in light of the backgrotnld and
1. setting of Lilc market, the conditions. of the particular parties, to the rental agree-
Covsii eT
In absence of an agreement for a definite term o !
f (ease, It.c ten:mt has a tent
-[ menr, settlement or'n•ai:er of right cr claim are 'so mie•sidnl as to be unconscion•
'1 able under the circumstances existing at the time of the makin,
of montln•to-morula without regard
gid to talo liaylnent of rent weekly, nlondily or
o.hen,•i>e, ands roomer vcl'.o pa}'s rent for longer. intervals Alan
of the ngreenlent
of settlement. Thus, the pvtindar fac[r involved in ezch ease are u!' utliost
importance
weizk-to-week has '
i mon:h-to-monchcenn.:ls r o tcrmmat?or. of such tenancies, see Section •1.801 a
and ..3U!(b). ( )
{ since unconsclowihility of 1}' exist in some situations hitt not in others,
• I Either landlords or tenants may, in appropriate circumstances, avail themselves
J this Section.
Srcrlo� 1:102 Effect of Unsigned or UJ dcli ,errd Rental :Igrrrrnrnt.
Of
3 SECTION 1.304 Notice,
(a)If t he landlord docs not sigh and deliver a written rental, alTccment
signed and delivered to him by, the tenant, acceptance ofrent without
' I (a) A person has notice of a fact if
: '
reservation t
bw the landlord gives the rental agreement the same effect as it it had been signed
+nd delivered by
(1) lie has actual 1 knoidedge of it,
the landlord.
(2) he has received a"notice or notification of it, or
(3) from all the fads and circumstances knownin
(b) If the tenant (foes "OE and deliver a written rental agreement signed
: and delivered. to him by tie Imidlord, acceptance of
:to him at the time
question lie has reason to know that it exists,
passesaion and pay1: o[
rent vvidnout rescnation gives rhe rental agreement the tame effect is if it had
been
A person. knows'" or his knowledge" of n fact if he has actual knowledge e
' of it.
signed full delivered by the tenant.
(c) If a rental ngrcemenn given effect' by operation
(b) A person "notifi s' Or."give" a notice of notification to aumher person
the of this Section pro•
\'ides for a term longer than one year it is effective for only one year.
L b}• taking. steps reasonibl} calntated In. inform. the other. in ordinary course
'.. whether or not the 'other actually comes to know of it. A person 'receives' a
notice
.
Coaurez:T
The subsections above apply
'
or notification when
(1) it comics to Ills attention, or
to transactions in which a written :enml,'aree•
meat his been signed and dc-livered by either landlord or wriant, The rnrtics lime
.
(?) in(lie of tile landlord, it delivered at the place of business
the
agreed oil terms, and .,the d.f:ct is solely the absence 'of'a signature., Dclicery dills
means legal ratherthan physical delivery
of landlord throt:,h which the rental a„-recment l as mage or at any
place held out by hires is the place for receipt of the Conuliun?c. ion, or '
alone. Tins kron9e(i•e'.or no:ice':.oC Ase
signing of .the rental... agreement is required. These subsections do: not apply p to
applications for
7 - (3) marc cis,-, of. the tenant it Is delivered in ]find to the tenmu or
leases or similar writings regarded by the parties as preliminary
to written.agreemens. ry
mailed by registered or certified in-V .M !ihn at the place held out by him
"
•`
as the place for .receipt of the communication, or in Life 'absence of such
SECTION IAO, Pro!a t_•d Provisions in Rental ri,gJ'c iie7J rr,
designation, to his last known place of resilience.
(a) A Ie❑lar 307CCr CII ['litay J7O[ pNl'I(1C That IhC Tenant:
(e) "N'otice,'. knowledge or a'notice or 110tifiCaliOn rCCeivC•d by ml organira•
SSi), .agrees to \,,,iv. Or forego; righu; or remedies under 11115
l
1
tion is effective for a particular. transaction from tile time it brought to the
attention of the mdn•iciva] conducting that transaction, and to any event from elle
:fir«
`2) authorizes any person to confess juti^-mCll[ 0❑ a Clhis ctSl71, 011e
of the rental agreement,
time it would have been brought to ills attention it the olg,.nizatioll had'exer•
(3) :IgTccs to pay the landlord's attorney's fees; or
cised reasonable diligence.
(1) agrees to tie exculpation orrli iiiation of acv liability. of the larl(1•
lord
Cov rsr
i
ansnig under ]n,' or to and wi,y.'tile landlord for that llnbitity nr tt:o
casts
i rlon is ection
sguion )ttiLillhe
iapplia
con cctcd therewith.
prohibited by
Code. SectionThis
l SO? imposcsiflne�obint
ofgoodandLis,aforni o[ course,
able to this Section..
subsection (.i) iuciuded in a rental atiticcntcut
is unanforcc bie.tij�n a landlord deliberately uses a TCII!al 'agrCCnlC7n[
coin siring
known byhiin to be prohibited, the tenant nmv recover m addition
Itis
)lis
PART IV
to
actrll damages an amount up;to.[31 limnths' periodic rent and re.isonab!c'
attorney's fees.
Gr:a:am. PRQvlsIO:;s
SECTION 1.401 Terms and Conditions of. Rentol elgreczicnl,
Rental agreements are often c�rducct.our (onus previdcd by I:uuL'ore?s,
some
A' Iaudir'-d and a tenant `a lay' include in a rental agreement terns and .
conditions not prohibited by this Act or other nile of lava, indulin• terns
and
n adhesion clauses the use of which is prohibited by this $rcliorl.
Section a f the Uniform Cnnninicr Credit Code
rent,
of the agreement, and otter provisions governing the rights and obligations of the
Prov dc; a bu}cr ur les:cc
may not authorize an) person to confess judgment on ,a elfinl :nM-it •' out
consumer
P
parties. In absence of a eemen
Fr t, til. tel :int shall may as rent the fair rental value
of f
credit sale or consumer lease."' The cliiciaL conimeut l to tins section •'
..stun 'This Section refects the view of the rr'eat ,nes oris of s esti•:
6 J '
;t for :Lite use and occupancy of Line dwelling unit. '..
Rent is
i ) ,itin
a ••1•�)nfa[ion t0 CO71fe`Ss ILdgI11Cn I.� $11713111']y, CIaUSCS atreil panj IO C.:f1..i f1a,C L'10
landlord from tort liability for his
payable without demand or notice at the time :cod' lace agreed
' ' J P Gl
own wrong h¢ve b •en declai i 1P,.,z1 by
statutes in some states (compare Mass.
G.L. Chapter 166, Sec. 15; New .lor': Real
• ^7 RI:,\I. J'ROPF.R'!Y, PROBATE
TRUST. JOURNAL : [Vol. 5:101 Spring 1973] U\IPOIUt 11TstuL•'N I'InL Ln\nLOltn It:NAR'r ACr 133 1
13_
Property I:aw Section 234; and lll. Anna Stat. Chapter ' 80, Section lit (Smith'
New York Chapter 680, Seca 70 of Acts of 1967, as amended. N.Y. Gen.
: Burd) 1966). Such; precis ions, even though unenfo:reable at law, ', may neverthcicaa Obligation Laws, '.Sea. 7-103 and 7.105.
Pennsylvania Iia. Stat. Ann., •Title 63 Rcal and Personal Property) Scc.
i prejudice and injure the rights Lind in[crests of the eninlnrnted 'tenant llic may, '5.0:51°. ( l ))
for esamplc, surrender or wais•c rights in settlement of au cnforc ablc'rlaim
^ • ! a . inst the landlord. Attginey's, fees undcc the Act may be asserted'against'.either These statutes . generally require a landlord to renu�n, secutit)• deposiis to i
tile. landlord Or tenant, is enummatend. in thea:\cr (see, (or. example. Sections .tenants within a speq.,e time period, account for his daiut to any part of the
:F }:iGi ai `1.i0:,'a a t :ecoser nnnuys fees against security d:posit-anti pmvide,for penalty in the even( Lmdinrd fails to comply, S �'
const :arise under the statute, not b., Contract of the' parties. Dunnilties:i:r 5(?nlinl1l[11i0.•. mlel aC[OUm[ing of sCritri(tl (ICFOsILh have led J
:j the tenant,. however. : sore authorities o :dcoc..te their abolition sec. I nedilh tie rtrt limand
dloral .
: Srcnos 1.40.1 [separation of Rents and Obl(gations to Maintain property _( 1 s
' Edden. A'rentllh�reeinca4 assignment,. conveyance, ttutdeed, or security
1Penant Liuv.:\pphrtblc.to Residential Tenancies, Ontario Law l.c(tinn Cummi>•
y
For ] e Sion 1968 gs 21 and 28). The Uniform Act preserves the security deposit but
instrument may not pernhit ale receipt of rent free of the obligation to comply limits the i mount and prescribes penalties for itsanisuse. {'
with Section 2.101(a). Subsection, (e) of this Section resolves a split of authority among the states. S
COMM rNT See 1 A.L.P. Section 3.73, nn. 9.15. \ate that under Section 2.105(1) of the Act the
•:.! The obligation of the landlord to :maintain fit premises in accordance with original landlord is bound.
Section 2.104(a) and tic rights and remedies of the tenant under Articles Viand SrcnoN 0.102 Disclosure.,.
IN, cannot be defeated or thwarted by the assignment of rents. (a) A landlord or any person authorized to enter into A rental agrrmcnt on
}J his behalf shall disclose to the tenant in writing at or before tile. commencement
j ARTICLF. II of the tenlncy,the name and address of
1 LANDLORD OBLIG•\TIONS (1) the personauthorized to manage the premises; and i
"i SrcrtoN 2.101 Security Deposits; Prepaid Eent.
(2) „n owner of the premises, or a person authorized to act for and on
(a) A lantlord may not demand or rcreive security, however denominated, behalf of the ni ncr for the purpose of service of process and receiving and
rccuptiug for notices and demands.
...•� in; in amount or vain,
in cscess o[,'[t] month[s] periodic renin
(b) UpDo tcr:nination'of the tenancy property or money held by the land -
(b) Thrnt
Eirinitint'requircdlto be furnishedby this.Sectinta shall be keptj.
mcnt of accrued rent and the; amount current and this Section extends to and is enforceable against any successor hand.
lord as security may be applied to the pa)'
,� '. has 'su([cred: by reason o! the ''tenant s noncompli- . ':lord; owner. or manager.: I,
of damages whichtan landlord
-,ance'�.w•ith Section 3.101 all 'IS iremired b} "the landlord m a written noucr3eba•- (c) A person who fails to comply with subsection (a) becomes an agent of !4
cred'to the tenant to'ether with. the amount due [1,11 days, icier termination of each person who is a landlord for: �, I
the tenancy and delivery of posscnion and demand by ate tenant. (1) service of process and receiving and receipting for notices anti
.(c) :T( the landlord fats to comply with subsection (b) or if h fails u> rcutr° dem
(c)
any prepaid rent requited to be paid to the tenant tinder this Act the tenant.may
i. together.. with damages in ant, anmunt (') crformmg :arc obligations of the landlord under this 1n 'and
recover the, property and money due him under the rental agreement and mper,•hng or mating available for the per.
: equal to [rtwice]: the amount wrongfully tyithheld. and reasonabte,:.aorne)•'s fees. pose all rent collectcd from the premises. I.
•. (d) 'Phis Section. does not preclude the landlord or tenant from recovering i
other(,as Act.
nrhesholder�of the laudltordes� nceresc�inetliet�premises at the time of the
to niticd lie CoammEv r
,.` This section re(luires disclnsure to the tenant or n anus and addressn of tier.
{ terminitron of tenancy is bound by this Section. sons who (a) have power to negotiate, make repaus etc, in the ot.r tion of:
-the
CO\tatrNT premises: (b) ere empowered tc receive service of notice and l oats wlh .h binds
Widelyvarying legislation has been enacted affecting} security deposits: all of the owners. Imthe absence of such disclosure the pennon collecting the rent
Acts of 1970, tVesC' Cai.,t n. Code, shall be deemed to have the'nuthorit • to acee t notices and service anti to provide
California Cha to 1317, 5 P. I
-P r8 rorci•
;•, for the neccssa maintenance rc sirs.
Colmadn.— H.B. No. Iain, :\ccs of 191 Colo. Rev. Stat. Ann., Ch. .The purpo a of this section is to enable the tenant :o procctd with tie appro.
{
hlc lintry ;cod Detainer) Sec. 1-26-28. n. landlord -Tenant), Title
7 Delaware — II.B air:, Acts of 1,97 1, Del• Cole (, nriete legal nrrctedgai to t;nmv ie • heti.. iate legal mn< I
+' 25, Ch. 511, Sec. 5912.' tlilingsmis[aaion against whom tie: appropriate legal pror(cctt.ys uu) u� utsti.
] Florida - Chapter 70.960, Acts of 1970, Fla, Stat: Ann. Civil Practice and toted. Rights under this section are additional to those Provided in S ction 1903.
'j
Procedure. S3 I:andlord and Tenant). Sec. 83261. .Stat. 1972. Chapter •193 inserts into Chapter 143 Of .',Ls..ua..�uts Genua
1 0
r [nicrest ,
[ 1971 -Ill. Stan.\nn.-Ch. 74 '(Interest), Laws rocision rrauirin�!dtc tiisnn oft nmh•residc•nt a�•,;a:re's ^.rc ;uldre>s
705 Seca 3, Acts o P I 6 posting
Illinois
P.A. 77-705, e�
and telephone numLcr as a•r11 as the mate, address :cod tcl.:phone nt,uibcr Of
an 91-93.
Sc_9l
Ga mer
:19fi9 as amcndedly.0 I an •�non•residcnt mann err a�•a : 1' a
•land
— Chl,tcr'GS3, Scud of :\ext o[ ) gc ,hen a Acct tp a fine of not more then 350.11(7 for
\fan f a and7tn.mt Scc.
Land.ord ) each da • of cio?rion 1 i• � t
'ofActs of 1971, \id. Anna. Cade, Arc: 53 ( y Yo �escr, [lussninae (nova not ma{.e mailable to the tcn::nt
1••33.amenthe temc lies provided in the Uniform Act
lassaehusttts —Chapter 233 Stc l of \eco of 19 Ann., l$G'e1 lcCotl:cal SrcnoN 2.103 'Landlord to Del;
Possession of Dt:dlinc, Unit. :\t the
Laws (T.
Gen I_
'.GGG, Sec. 1 of Acts of 1970, Mass. Gu 'commencement of the term a landlord shall dcln•er pnssesstenol the prenuzcsto
�IProperty) Sec 15B. of 1971,: \fine: Star. Ch: 50.1 (Landlord and :the tenant in compliance with the rental agreement anti Section .^ 101. The land
Minnesona — Chapter 784 oC :\Cts lord may bring an action for possession against any croon wrongfully in possession
' 4 Tenant), Sec. 50'1.19. and may recover the damages provided in Section •3.301 (c)
New Terev S.B. 904, Actsof 1970, N. j. Rev. Stat., Sec. A.9G•8.
134 REAL PROPERTY, PROBATE AND TRUST JOURNAL [VOI. 5:104
i
Spin- 1973] UNIFORM RESIDENTIAL LANDLORD -TENANT AC[' 135 '
.,
t Corr, ir: T
Thus, the landlord may proceed directly against a squatter. The tenant may
also,. pursuant to Section 4.102(a),
Couxtesr
This Section follows the warranty Of habitability doctrine now recognized in
proceed with an action for possession. IVhere
the jurisdictions of
appropriate such ncti011s May be in sunnnary proceedings. It is thuspossible
that bods landlord and tenant may hose the right of action'against third
�.Etorria -Hinson s Delis, 26 C.A. 3d G?.
Washington,
.
parties
wrongfully in', possession of the prunlscs
D. C. — Javitls Y. hit's[ National Really (U.S.C.A. D.C.1970
S P d 1071. )
1
•,
: 3°cr'o^ 2.10'1 Landlord ,o umtn,un i relijises.
(a) S landlord shall
Wisconsin — Pines \•, PCrs51o11, (1961) 111 NAV.2d 409. '
>'
(1). comply with dee requirements of applicable building and housing
New Jersey - Resta Realty orp. v. Cooper, (1969) 53 N.J. •144.
Illinois - Jack Springs Inc Iv. Little, (1972) 230 N,E.2d 205:
codes materially affecting licaldi and safety;
(2) mike all repairs and do whateveris necessary to put and keep the
Iiawaii — Lemler v. Ifreedin, (1969) •162 11.2(1-170.
Michigan — Rome s. \1'alkcr,;(1072) 196 A'tY°d 550.
I
premises In a fit and habitable condition;
(3) keep all common areas of dee premises in a clean and safe con-
New-I-rampshire - Kline v. Burns, (1971) orb ;1:2d 2.18.
Colorado — Guesenbury y.- Patrick, (March 1972). C.C.R.. Poe. L. Rptr. Sec
d tion
(4) maintain
15.503.
•
In ,good and sale working order and condition all electri-
cat, sanitary, hcann
Georgia .:—Gevensv. Gray, (April 1972).C.C.I1. Pay. L. IL tri Sec. 15412 '
1
plumbing, ventilating.
P & ) g._ �,air•mnditioning,-.and other
and appliances, including elevators, supplied or required to be
Standards ofhabitabili(•.dcalt with ill I':'
y Section arc c. matter o[ public I
pallet-powi.r rather than [he contract of die
supplies
l supplied Uy..1.im;
(5) provide and maintain appropriate receptacles and conveniences for
panics or special landlord•tenan[
legislation. This Section establishes minimum `.dutics'of landlords consistent with .
public standards. Generally duties o[ repair and maintenance of
:.the removal of ashes, garbage, rubbish, and other waste incidental to the �
occupancy of tile.dwclling Unit and arrange for. their removal; and
the rlwellin unit
and the premises are impuscd upon .the landlord by this Section. Major %stnirs,
even
(6) supply running water and reasonable amounts of hot: water at all
access,. to essential systems outside the dwelling unit are beyoud.'tle ca acit •
:.of the tenanL Conversely, duties of cleanliness '
times and reasonable heat [between [October 1) and [May lj].except where
the; building dear includes the dwelling unit is not required:. by law to be
and proper use within the dwelling
' unit a e,approprrately fixed upon. the tenant OccSections .3.101 and 3.102):;', g
F " ;:p;
equipped for that purpose, or the dwelling unit is so constructed that heat
as specifically provided, these obligations may not be waived .(Section
Blum.
,j
or hot pater is gencra[cd by an installation ,within til exclusive conical of '
s the tenant and,suppiied by a<direct public utility connection.
Secirox 2,105 Liniilaria:: of Liability.
IE the due imposed b era r h 1 o[ sirbseaion. ) PT •
ro) Y P Y ll limp O (a is eater than
duty
(a) '� Unless o lrerwise agreed, a landlord who conveys mrmises'that include a .
diyellin, unit subject a.
any imposed by any other paragraph of chat subsection, the landlord's duty
shall be determined by reference to paragraph (1) of subsection (2).
to rental agreement in a good'falth sale to a bona Fide
purchaser is rclicccd'of liability,'under the rental agrccmcnt and this sct':is
Coxntexr
to
'P•ems occurring after irritten rot ice to-. the tenant of the couitva»ce. However.
lie remains liable to the tenant fnr all
i Vital interests of the parties and `.public under modern urban conditions
security recoverable by the tenant under }
Section 2.101 and all prepaid rent. 1
nintenancc and operation of housing. It is thus necessary:
require the Droner in thuminimum ilutics of landlords and tenants be, set forth. Cenenlly duties of
Cost>texr
•
repair and maintenance of dw dwelling'. unit and the, premises are imposed upon:'
the landlord b • this section. Major repairs, even access, to essential s •stems
This'Section relieves a lanc!lonh unless adlen.ise a•reed r.•r�
the rental a rcement anti tliis::\ct as to events ocnt '' "01't liabi!ity under
rang atter good faith
.�
outsider
the dwellin Mini[' are be and ilie capacity of [he tenant. Conversely. :duties of
yliaed
a sale
and conveyance to n bona fide purchase; and after, written notice, to the tenant of
....die
r,
:cleanlinessand irolerusc widrin thedsvelin unii are appropriately ro nate] a on
1 I g i P. P Y P.
com'cyancc except"as to;securio, recoverable..under:Section 2.101'aOilA
:. prepaid rent. As between
•�
s
i the tenant (see Sections 3.101 and ...10_)
(c) The landlord and tenant of a single family residence may agree in writ-
the original landlord and tenant, it is irucnded that rbc
loss for failure to account for securit and prepaid relit if recoverable >haild [:ill j
hi
ing that the tenant perform the landlord's duties specified in paragraphs (5) and. -
upon die',landlord who, in contrasttothelteliant,'camtake -stets to should
take'
ile stof
in)oil th of the securit' and nt prepaid
(6) of subsection (a) ar. ;dso specified repairs; maintenance tasks, alterations;
ande
' remodeling,' but only if the'transaction is entered into in good faith and not
rent accountllt,ata the sale:Diale, ]Ind-
lord for the. Lillie cin
e'bcir S is Iii 1 pair compliance with thetime rent:
o pliance wick :..l
;1
for the purpose of evading the obligations of. the -landlord.
this :Ice. Sec of "Landlord" 5 : Sec �w=li,.,tt1.old
and Act. Sa}. Section)
y(d)
The landlord ;ut<1 tenant of any dwelling unit other than asinglc family
�4
residence may. agree that. the tenant is to perform' specified repairs. maintenance
Unless otherwise •Igtccd,.a manager of premises dint include a dw•dlin �
tasks, alterations, or reniodeling only if.
(1) the �,irl anent of the lural lc enteral into in pnod faith and not
is
.unit a relieved of:liability under the rental agreement and this :lct as to events i s
occurring after written notice to lie tenaat of the tenninatdon of his masa« • '
for the urras •
p c of cv:n(ing the obbgaiwiis of the lanc.btrd and, set forth
�uLu,t.
1 in a separate writing signed, by we parties and supported by adequate con.
ARTICLE III
!
sideration;
(2) the ewtl; is not necessary to cure nw'compliance with subsection
11.N:1N"1 OBLIGATIONS
(a)(1) of this Section •End
t
Secrtox 3,101 TcnmU to Maintain Unit r, tenant shall
(3) the agreement docs riot diminish or affect the obligation of the land
lord o[hi:r
(1) comply with all. obligations: prinrvtly imposed ,upon tenants' b
to tenants to the'. premises.
(c) The landlord may not vcat of the separate
,applicable provisions . of buildui -and houun m c y
health attd safety; g g dc, matcrmlly affecting
performance agreement
described in subsection (d) as a'condition eo any obligation or performance of
pp
(2 kec that art of rlre premises that he occupies and uses as clean
!ca
airy rental agreement. i
and safe as the co n
conditions of the premises permit; '
r
136 ms.vc rrorcalti, rrasnxi AND TRUST '7ou*zxAl. [Vol. 8:101 Spring 1973) -UNIFORM RI:SIDESTIAL uNn[orm-rr.NnN'T;ter 137
(3) dispose from his duelling unit all ashes, garbage, rubbish, arid other
,1 waste in a clean and: safe mariner; COafahl::,T
i (I) keep allplumbing fixtures in ate dwelling unit or used by the Special remedies to landlord and Tenant for abuse of riglus of access are pro -
tenant as clean as their Condition permits; : vided by Section •1.302. As to ,wrongful envy to take possession see Sections 4.107
(o) rise n 1 reasonable manner all electrical, plumbing, sanhruy, ]real. and 4307.
y m„ ventilating air-conditioning and other facilities and appliances fnclud• Sr-cnox 3.104 Tenant to Use and Orcupy. Unless ot!.en:lisl- agreed, it tenant t
^ �� • �..: •` t shall Occupy his dwcll;n- jinn only. as a dwelbng umt. The rental ah�dancn[ nuy
(0). noc deliberately or negligently desvoy, deface, damage, impair or .require that the tenant notify the as
of any anticipated extended absence:
1.. remove any part of the premises or )nhowmgly permit any person to do so; from the premises [fn excess oC'.[7J day.] irq later. than the lirst day of tile.
and " extended absence.
! (7) conduct himself and require other persons on the (premises with his
j consent to conduct themselves in a manner that will not disturb his neigh. ARTICLE IV
1 pori penceful enjoyment of Elie premises.
REMEDIES
• i Coumcr:r. PART
This .Section, the converse of: Section 2.10.1, establishes minimum duties of TENANTREatED1Es
tenants consistent with public standards of health and safety. SEcnox •1,101 Noncompliance by the Landlord — In Ccncrrl,
SECTION $.10_^. Pules and Regulations. the l(a) r- landlord provided fit this Act, if there is. a material noncompliance by
1 (a) A landlord;, from time .to.time, rany,adopt a rule or regulation, hoiiever the rental agrectinent or a noncompliance with Section 2.104 l
,a.. '.described,.cmuerningtht. tenant's use aneLoccupaney of the, promixs. It is ell- materially affecting health and safety, the tenaiht nnydeliyer a w•rittennotice to'.: I
:1
forceable a;ai.hst Elha„tcriau[ Only if [Ile landlord spccifyr[pg the acts and oul!ssions constituting the breach:arid that
(1) its purpose is to promote the convenience, safety, or welfare of the the rental agreement will terra. upon a dais' hot less than ` eatSOI days
tenants in the premises, preserve the landlord's property from abusive rise,. or . receipt of ;lie notice if ,the. breach is not remedied fn b4 da...s, an - :.the •[fisc
}
make a fair custrhbution of :services and facilities held out for the tenants agreement shall terminate as provided! in the notice subject Jto Elle foto%YMgrenWl
{�
generally; (1) If tile breach is remediable by repairs, thepayment of damages or
(2) it is reasonably related to tiro purpose for which it is adopted; otherwise and the, landlord adequately remedies the breach before 'tile date
, (3) it applies to all tenants in the premises in a fair manner; - fecified in the notice, tire rental agreement shall not terntinate'.by reason
(4) it is sufficiently explicit in its prohibition, direction. or limitation of .ei
the tenant's conduct to Eairty infnrnr him o1. who he must or htutst not do (2) If substantially'tne aan,le act or omission t hich cou5tinhtol a prior
to comply; ,.,.. noncompliance of: which r o ice Was given recurs tcithin - G' h tont: c, t!,:
(5) it is not for the purpose of evading the obligations of the landlord; tenant ritzy .let innate the rental agreement u�o.r at
1 t - gT t least 1•: da s ter•
arid riot sten
cart
'(0) the tetras[ has notice of it�at the time Ire enters into the rental
stent. specifying , thcbrcadt and the date o[.«nnination-ol the rental ague•
agreement, or when it is adopted ! (3) The tenant stay' not terminate for a condition Caused by the
(b) If a rule or regulation is adopted',after the tenant enters into the rental deliberate or negligent act or..omission or'the te[t;,nt, :p trenhlper: of his
agreement that.isorks :. substantial nodificacion of his bargain it is riot valid unless family, or other. person on,.thc premises with'..his Yonscnt.
i' • r the tenant consents to it in writing.
{ Coatatcur Claims zrfsing under this Section if disputed tri goodfait!i In;,, be sciticd by
Under Section 1.301(11) the rental agreement Includes valid rules antL,regu- zgrcenncnt (see Section 1.100). Idowever, a prior settlemclicWill'not,prevent a
termination under Section 4.101(a)(2),.
lations. (b) Except as provided in this Act, Elle tenant may recover actual da;n•iges
r znc! obtain injunctive relief for. an)• noncompliance -by the landlord with tun
St 1c'!d $ 10, c c d,
t (h) A. t',"lt'.ha11 not reason S!} w,tlihC!d corse • to tate landlmti to ruttal agreementor Section 2.101. It tiro landlord's noncompliance is willful the
enter into the disvell!ng unit in order to inspect the premises, make necessary or tenaur may recover reasonnbleattorneves fees.
agreed repairs,. decorations, alterations, or improvements, supply, necessary or «nant)aTh remedy provided in sabsectfon (b): is in addition to any right of tile•
agreed services or exhibit the dwelling unit to prospective or actual purchasers, t 4 Section -1.101 (1) -
mortga. ees, tcnants, workmen, or contractors. (t.) If the rental agreement
• , hs td•rnun:nul
th
•e landlord shall rcrtur � �
(b)\ landlotil any enter itis dwelling unit tvithou: consent of the tenant recovcrable by the tenon[ under Section 2.h11 and all prepaid! rent.
•hl. adrur,
in case of emergency. Coat>It:\^r
(r) 1 hodlord shall riot abu%c the, right of access or use it to harass the Remedies available. to tlhe tenant nhrsuane to Section
ten:nu. Except in case of emer uhc or i unless it is bit iractical,lc to do so, the I a ..I01 nre riot exclusive
f I �' T I (sce Section 1.103). A duty to mil;ate daml;es'exists [ander Section
landlord shall .Sive the tenant at least [21 days' notice of his intent., to enter and rights of third parties, sec comnhetti under Section 1.103. ;1s to
may enter only at remonable times.
(d). A landlord has no otter; right of, access except Srertox •4.102 Failure to Deliver' Possession,
(1 pursuant to court ordeq (a) If the landlord fails' to deliver'' possession of the d%%Tlling unit to the
Y ' as, permitted by Sections 4302 and 4.?03(b)', or thetenant as tenantpmayded in Section 2.105, rent abates unto possession iso and
�3 unless the tenant has abandoned or surrendered the premises.
(1) terminate the rental agreement upon -'It least (5) days wruten'noticc
[
l3$ REAL PROPERTY, PROIIr\1'E AND TRUST JOURNAL [Vol. S':IO•F
.I)'tny I9l'3� URIIrOIt�t It1:S1 UriNTIAL LAXnt-ORDTRNANT AC'r
to the landlord alt([ upon termination the landlord shall return all prepaid
no:Ice to the landlord or if the condition was caused by the deliberate or negligent
rent and security; or :.
act .:oromission of the tcnaiu, a member of his !aunty, or other person on the.
(2)demand perforin:nlre of the rental a.Teement by }he landlord and,
p,?-miscs with his conscnt. '
1
if Elle cen ant elects; maintain an acliou for poscssiou Of rile dv.Llliug tiri[
I I
: S;wrzo.,; 9.105 Landlord's Nor:roinplimrrr. is Defense to Artion for Possession
I
: against tic landlord or any person wrongfully in:.possession and recover'2he
or Ren!.
..
actual cinula cs sustained b • him.
g ..
-1fa person's m deliver possession is willful and not m good faith,
ro) : P I C
: a r n an action forpossession
(� for tis inbasedgipon nonpayment of clic rent or in r_
' an action .O, rent when tic tenant a in
a
an a�uieved per-son may recover from that ;person ;in :mtomlt not more than'
an
possession tcmm� niay [counterclaim)
for any amount fie may recover under the rental agreement or ill s Act. In that
r
- [$) Jllf riths' hl'r101hC Tl`Il[ U7 [11lrCe'f01C1] the actual d:11118g1's SlISlalile`d, r1'hldlCl'er
event the [OlirC ft'0111 n111C U) IImC i1Wy order the tenant to )d\. nto col:lt all or
1'
y
Is glcater, :End TL8SUIlable allUrtlC)''s .[CCS.
.part of ale rent accrued and thereafter accruing, acad s!fall (1C161-iInc the amOlant
CousrEN'r
dlie to each party. The party to,whoai a Ilet aa1011ot Is-0wed s11:111 be )aid fi �t
"Aggric% person' includes.a landlord entitled to proceed wider Sections
front Elie morey' paid into court, and Ll.e balance by I:c o;hcr..l ;:t' I!) no rent
0.103'ana 4.301(c) as •n•ell as a tenant entitled to possession.
remains duc after all 'cation of this Section, judgment shall, lit entered for Elie
•
-
SECTION •1.103 Seff•llclh for vHirlor DCfeCtr.
tenant in tile action or possession. If die defense or coilliterclalm; by the tenant
is %vidlout merit and is not raised in good faith, clic landlord may recover reason-
,..
' (a) If the landlord "(Ails to comply with the rental agreement or Section
able, attorney's fees. :
.?.
-9.104, and tic rensorable cost of'rompiiance is less than. [$1001;'or an amount.,
'.,, "(b) Il, an action for .rent when the tenant is not in ass,-ssion, he. In,,)• ,
P
Equal to [mu-half) .tile. pcnodlc,rcnt, uhuhcvtr nnu)unt is g.Lucr, the talon[
feounteldum] as. provided in subsection (a). but is not rtquircd toy)ny'an}' rent
. may recover aamnges for the breach undo• Section f.101(b) or nl'ly notify the land-
into court.
lord of his intention to correct the condition at the landlord's ex )ease. 11' the
". Co>iur.NT
[
li
lanttlord [ails to comply: within, [191 days afterbe:ng'uotificd by.�te tenant
writing or as promptly as conditions require in rase of emergency, the tenant may;
Article 11 defines die obligations of the landlord which: the tenant may enforce
cause the stork to'be 'done in svorkmanlikcmamler and, after submitting; to tfic
cgainstrhim.(Scaiorr.la0a).1VhileLindscy,rr. ,\'orrarf,:903'.U.S. 56, holds no nein-
landlord ar. Recalled statement, deduct froin`his rent the actual and reasonable
constitutlonal,lass• requires Lye admission, of .the habitability defense in a
'{
cost or the fair and reasonable value of the work, not exceeding the amount
summary
vary proceed+ng�runmt•nued; by Elle landlord ngainst tilt :chant, Section •4.105 '
spec! fed in this subsection.
was
a m..^Natal ti,id: 1 c':..r 1-:need e re(Omr in per li Ing t ' tenant to file a
counterclaim 0, od:rrapp:ounate'pleading in
(b) A'tenant may not repair. at tile.lnndlord's expense if the condition i,.
the n:mntary n:oceedin�lw':the crit :
that,. all issues between 'parties'may
caused by tic deliberate or negligent act or omission o[ dietenant, a number of
rile lac disposed of fn one' proc edirg, 1: is
anticipated tial upon to
Y
his family, or other person on the; premises with his consent.
,filing of muntcrdmul the Coiter w1!I enter tic order
deemed appropriate by hint concerning the parnient of rent in:order to '
,i
COMMENT
'Sec
protect
the interests Of the parties. SCC Cases ill cOtnnleilt to Section 2.109(e),
The right of self-help may extend to areas outside of the dwelling.Section
SUCTION 9.100 Fire or Casually D•ir:a+r.
4.109 and the definition o[ prcmiscs.,in Section, 1.301(9). "'
j(a) if talc r
d:cdiimg'unit or .;miscs are', damaged destro^c(1'bv'
SECTION 4.109 ll'rongful FaihWater, to Supply Heat, Flat Water'. or
or fire Or
casualty( to an extent that enjoyment of dic dIvellitlg unit is subsn.ltinii}• iripairrd,
Essential selLices. ''.
the [ellant may1.1
j
•', 1
(a) If contrary t0, the rental. agrecment or Sectimt', 4.101 the landlord will.
fully' or nCgligen ty fads to supply'. heat, ruinling water, lint water, electric, gas,, or
:(1) immediately vacate the premises and notify' Elle landlord ' in lvl;t::l
[1•I) dnys dlcreafter of his llltelltl0a to teltnhnite
otter essential service, the tenant may give written notice to the landlord specify
then rental : grxmen*t In
chid, case tits rental agreement terminates as of :hc dtuc of vacating: or
ing the breach Dud may'..
(2) if continued ocaglaney is l'Ivrful, vanle any;,part of the dsrelliilg
(1) procLls .rel )t blc .anoints o[.hvm, lint vvatcr, r,uuling la:iteq
.unit. reiulcrctl'r,nusahle by Elie,.tr, or casm;dty, in which caSe the ten: '
electric, gas and other essential' service during Elie period of'.tle landlord's
liability for rent is reduced ilf..p:opoi'tion tO the-dilninu;ioll in fair
`-,�
noncompliance and deduct their actual andt'easonnhle cost from the,ren[: or
.Elie -
rental value of the dwelling unit
: i
_ ..recover aanln es basedu )on the diminution in clic fair rental saltie.
1
�
O ental agreement is terminate -
d tile lc landlord rd
p
he dwelling unit; or
of 1 r 1 r
.1 return ,.11
ajjli
senln,v recovembletuuler Section 2.101 olid all prepaid rail :\ccouuiini?fcir rant
in Ihccvcnt
1 1
t:.) pu;curc rc.isanul).e ser )uittltc ha an}, , uriag t.la l --!oil ! ., tile
landlord's in the tenant is cxcxls,c,from
of termination o: a �urlimwlcut oil:d l: be made as of tludae of the
PL -
fire or casualty.
noncomplinnec, which'cnse paying
.
rent for file perind of the landlord's noncompliance.:..
COMMENT :
(b) In addition to the lenledy provided in nn 1„raph (3) of subsection (a).
Under common lna•, notveitllstandin� s
loosed ''
' v ' •' n'" actual and reasonable cost lir fair and reasonable vnlnc
.the tcauu In.l lu.< sr the act 1 1.l
„ nu.ro�s Orel Jts,ra, ,:�:
tel al MT., Ln
t n s,as still under ob!i
7
of the subslimle housing not in excess of :in nnlount equal to the periodic rent,
and in an}' case enact subsection (a) reasonable n, ices.
various. states providing'that if the premises lire Ix
dsurneed is - in
- or nl�ll ed .r, to be
�
.
lie a
(e) 1( the tenant proceeds nude: this section, he may not proecea, confer
or tic premises:. I • y T I
of Elie prefile Ui 1111fi1 for occupancy the ICila cat may ( nit :old Nonender possession
Section 4.101 or Section •1.103 as to that breach:
Arizona Ices•. Stat:, Sec. 8°•393 (1950).
comes-N`r :. '
Connecticut Cul 'Stat. Ann., Sec.-17-2.1 (1960) •
'
The remedies under Sections 4.107 and 5.101(b) are applicable where the
Michigan Star. Ann 'Scc. 6.1121.
1 -
landlord affirmatively acts, to interrupt or diminish servicer etc. and thosereme.
Jlinnesota Stat Ann.; Sec. 501.05 (19.17). '
,(
tics are in addition to clic remedies provided in Sections •}:101, 9.103 and 4.101.
Mississippi Code inn, Sec693 (1957).
Wisconsin
�,,.
(d) Rights of the tenant under this Section do not arise. until. he has given
Scat. Ann., 434.17 (!957),
1.40 REAL PitOPElBrI', l'ROIL\Tz AND 7i.U5T JOURNAL [Vol. 3:103
so ;nz i973) r'.1['ORN(RESME\TIAL LA\DLORD•TP\AST ACT I•(l:'
Rees[ Virginia in 1981 adopted Section 87.6.23 providing for
Srrnox 4?0$ Remedies for Absence. Nonuse and Abaurinnnluit:
a:reasonable reductiou of the rent for such time. as may elapse entil
(a) If talc rental agreement requires the icnant to give notice m the Iandlor(I
there be placed again. upon: the premises huillill" Or other strictures, of as
of an anticipated extended absence [in excess of [71 clays] :Is required ill serrion
much value to the rcrant for -'.his pmrpOSes'as thoic destroyed. .'.'.'
"
$ 104 and the tenant willfully fads to (luSO, the lanrllord may recover ncnlnl
{
..
SHerioN 4.107 Tenmrt's 1{emgdies for Lrndlord's Unlawful Ouster, I vi lieu on,
damal-cs from the tenant.
ib) During nin<absence of the ten:nu in excess Of 171 lest s, :hc landlord
or Limirution,of Scmice. :if a fandlotd unitti'fudy renioves oi- cxchuic tilt ren-'
1 -spar
enter the c tselling,iinit at tfnres reasonably".necessar)', :
"i7
znt from the premises or willfully diminishes services god:c tenant by intcrnrpting
P
or causing the tnterntption of heat, ruining water, lion tva[cr, cicctric gas, or
(c) If the tenant abandons tate dwelling unit: the landlord shall slake reason
able
'other essential service, '.he tenant ' -may recover possession or terminate the rental
efforts to rent it at a'fair rental. If the landlord rents the dwellingunlit for .1
trill beginning. before the expiration of Elie rental agreement, it terinates
f
+4
1
:agreement and, in either case,. recover. in anmunt not more than (8] raver i'
periodic rent or [threefold] tire actual 'daurages sustained by hint. ts'heheccr is
as of
the ;late of rho, ncir cenanc •. If die landlord falls to use reasonable efforts to rcnr.
)
unit a fair rental or if landlord
^
Rea[cr,'and rcasonablaattorncy's.[ccs. I('Elie -rental agreement is terminated the
- °. thendivelling it the accepts; she abandonment as
tte ler, Elie rental agreement is (.reared to be re niinated by the landlord
1
Irdlord shall return all security recoverable under Section 2.101 and all prepai I
rent '�.,
as
o[ the (late the landlord has notice of the abandonment. If
month -to -neo, - the renins•. is (purr
nth or week -to
�.
CO\t\iF.\T
-week, the. tent o[ the: rental lgrcement fur this pup-
•'x
1(
This Section provides a remedy for the violation of Section -1.2 Oi. Sec also
pose he deemed to be a month ora \reek, as the case may:be. "
- � �:
j
i
comment to Section 9.109(c).
SECTIO\ -1.204. Waiver o Landlord's Right to Terminate. , Acceptance of
MIM with I o vled;e of a default by die tenant or acceptance of perfO r:anre by
PART II
him'that t: res' [roan tile terms of the rental agreement gillstitates a u•aiccr of the
1f
Lnxutuxnl:euuius I
landlord's right to'terninate the rental' agreement (or-tr breach, urlcss ol:ci-wisc.
ate
Sncrmx 4.'_01 Noncompliance will, Rental Agrce+nent; Failure to Pay Ren[.
agrees! alter theb:'e,ich has occurred.
: a 'LevePt as, provided in this Act, if there is a material noncompliance by
(
Cou>t_,ur
trithSccuodBaUl. �
the tenantwitlt the rental agreement -or. a noncompliance _
If brcach.of z continuing duly, is imolced, aceep[snct o[ tent or performance '.
I
••
Ifnateriall)' affecting health and S::fety, die landlord Entry ,deliver a tuntell rlu,lce
temaIIE SpCcifying,the acts and omissions constinrtnrg the breach and that
lull no, bar the landlord's rcrncdy, for a later breach. Acceptance Of unpaid rent
paidafter expiration of a Lernination notice dos not
�n
't
to the
the rental agreement trill terminate .upon a. date not less than ,[301 cars after
constitute I %vaivev Ci the
temurra ion. .
- 't:receipt,of
the,notiee. If the breach is not remedied in 1.1 days, tire rental l �rec-
[ ] } 6
-
$Ernox 4.205 Landlord Lien-; Distress orRcrt.
t-
Imen[ Shall terminate is provided in the notice Subject ,to,[he [ol!oanlg:.lt the
'.breach is remediable!b}• repairs or the payment Of daiilages' or otlicllvrsc and the
(;i) A lien or security interest on behalf of the lagdlord in the tell II.'s houses
hold is
_)
tenant adequately remedies clic breach before the (late'smCified in the notice, ilio
q }
goods not cn(Orceable unless perfected before dv'cffective (late o: this Acta
'(b) Distraint. for rent is abolished.
{
�irental agreement shall not terminate.. If substantially the same act orutnissio»
Ild;ich constituted a prior noncompliance of which notice was given recurs within
Secrloa 12061 Remedy after Tertninal'on. If the retial a,grenneut is terrain.
k
"(
(6) months, the landlord may ternunate the rental .agreement upon at least` [74]
ated, the landlord has a clans for.posscssion and for rent m!d a sr.ia:ate Claim
days' tvritmn notice specifying the breach and the date of termination of the
faracted u antes for breach O. the serial ae.cemerll aliti"tso,raLic auurncy's
•rental
agreement. -
(ccs as plotaded in Section.9.L01(c).
(b) If rent is unpaid when due and the tenant fails to pay rent within [1.11
his intention
SECTIOC •1.207 Recovery 'of Possess:n 7_fntiled. A landlord ma • riot recover or
'action
days after written notice by the landlord of .nonpayment: and
rent is "at within that tire
take possession of the dwelling unit by"or Othei\rise, including willful dim•
termivatc the rental ay,�t ucntiLthc paid polio
nnion of services to the tenant b}',interrupting 'or'.emising tl:cintcttuptiou of
k
landlord may. termini du rtival agrt:emeuL
(e) +L•-xcept as prOVi(ied in this Act the landlord may recover w11.11 damages
tat, running water, . hot Beater,'. electric,: as, or other essendn! scrvice to the
tellant, except in case of abandonment, surrender, or as neimitted in Act.
and obtain injunctive relict for any' ntneo• ipliance by.the tui -nt with the rental
-. this
age triuu Or Section 3.101 If the tenants'non'o:upHance is willful the landlord
COMMENT
may r c ::.:el onlble m,,, -,,W, +...fee'
.See Section 4.107. muco ern:n n uw
�.•L_,,,
by
SEcriov 4.202 hcfhnc fo.Alrfalnin. If there is noncomplinrice b the tenant
P. �v' 90,('^E3.
:
IV Section 8:101 materially affecting. health and safety that can be by
fail;
PART III , nit
ri P.7A Cily, 10ilfl S��YJ
:
ropllfr, 1'eplaccriienE Of n damaged iters or cleaning, and the tenant to Cbtlllily
RIOmC TY -NANCY; HOLDOVER:. Anusr OI•:�cct•.SS
t
•' 1' itIv :is COlic!r,.Li:1i Ii. 11110 in Cale O! q i(_CCII(" OT 11111a rt (141 (!.INS :diff
:; p•c •ttf ) 1
rCtI,1C.a:iy 1.1 tllt. ;C11.Ili;
SI:Crw.N 3111 I,eriodir T nanry r ii..
ffellf9 Ci (f.
IVIAwn notice b did lama 1 lid !!ic if)'illg lhC lire ICE :1113 .:
} „
v•I� tut
th•1hd1,
lord 'ata •enter c
chat mc; the land y
it the
a The c 1•uu.l1 Il. or die tctrant lea 'reran a Hlz •�1 .
l.,t(u' lt�a
.. .) uI nc • I c
'-
be dodo n
`mci:catse the \eorkto be (lone in a.tvorkmaalike manner and submit the itcaiimd
and ca• Nvo
e)
species notice. n'cn m the otL•cr ai Icast [IO] -days b(:io:n ulc tu'mina:ion d;rtc
g da)
specified in thcl:once.
: bill. for the actual and'rcasonable cost or the fair and reasonable value thereof as
(b) The landlord or the tenant nrlp
rent on the next (late periodic rent is due, or if the rental agreement _has
terminate a ni'lillh•tO•n;unth tenancy
' . b)•. a written Erotic c gitcn to. [lie other ar least [GO] days hcfnre
terminated, for immediate paymend
the periodic rental
date specified iii::he notice;:
r..'
`
''. '..
(•) E tactcnmu remains in possessmn v:ftbmu the I nd!n ds rilucal :,Rap
The landlord may proccc d under either Section X1.201 or ,Section 4.202. In
If.' i ui Ot,.the eelin'Of the rental',agrecnient or its tennivat.on', the ltnd!ord
_,.... _
es•ent of a'rceurring breach, he can proceed under either' Section. He :nest serve
pin; a.i estrus for possession and 9f the txnant's holtlOccr is n•illful and
•'
..:
'' notice in'all'cases.
rot
u vest: tai[( the landlord mese also recover an amount not more than pl months'
,
+, .vee-�•-.. r.rc�r-:-,....s'
- a
;
PROBATE AND 1TtU5T JOUR.\AL [Vol. $: 104
` t' . j] U;:IFOIU[ RLSIUE\TL\L L\XULORU-1'E\AA A
.i
t 19 REA!. PROI'Llt1'1',
(
or threefold the acu!:iL.damages sustained by him, whichever is
periodic rent [threefold]
to nuc tenant's
C C r!• 9 nv: L. Rput Sec. 12,920) , \buss:idtusens (J(c{`urcn v. DruF.er; 311 F. `t
s renter; and;reasonablr a;torncy's fees. If'the 1:uidlord consents
j �p . jl'halrn`110 Su let.1SJc257 r\2(lt7a[117901; Engler v. Calfital Maw 9c'
A I.. N.J.J 1
:.
continued occupancy, Section I.401(d) applies.
- nt Corp., 112 N.J. Super. 1.15, 271 r\.2d 615 [19701; L. 1;. Are:onnu G7c.: 1). 11:1-
.1.
CON iMENT ',:
1 tock 116+N T. super. 220, 231 A.2d.5.14'[1971]; Silberg v. Lifiscoutb, 117. N.J.
see Section 1:102 as to effect n[ oceupancy under leise signed by, only one
: Suidr.:91f.2S5 A2d 86 L1971]),.\estYork.(Hoey v' Chsb Pmt..CorrtlRndt,.299
..
}
and ercuor "_.103 is to[cnanisrights u,: bring auaction farpossc_c:o.^.
FSuho.5011(5l): i`.1'. laolj)', uuw(.t.R.O. Gruiiui,.C.,;d'\� SSrS [S.D.'Ofroj),
"and
i
,.
party,
[ 1 t:.
agaillS[ a, pT10 r hoidoteC [t»n
'.\ sronsin Dechhut v. 7\hrrlon .•15 NtK2d 309•,.173 NA\.2d _N 197011 the
Colombia v: Habib; 397 P.2d 6S7 (D.C. Cir. 1965]),. have
SEcnox,.t•302 Landlord slid Tvnnnt Rctricdics,far elb:csv=.of ilccess.
landlord may obtain
District of (Edwards
upheld the defense' of retalia oiy,eviction.
a) If the tenant refuses to allow lawful access, the
the ngreciineut. In either
A number of 'states by s[iuue havcrecognized the defense:. Cal. G.C.'Sec.
'.]
injunctive relief to comnel'access, orteriivnate .rental
J „ '••esu»able atonics fees.
.ccr dawn cs.and r[.. ),
: 1912.5; Conn. Geri. St. Ann., Sec. ,�5-10a [Supp. 196!7] Del Cb. ^, Sec 5917
acwal
ease the landlord may redo ^,
I[thclandlordniakesanunlatefudcntry,Divi lawful entry
landlordmakes;in unnauets
s 17 1971 Ila. Ch. fiGG Sec. 43 [Supp. i 19711; III. Itcs. St. Ch: S11; Sec. 71'
[ Ip. ]: [- lf•
Rev: St: Tit. 14 Sec.' 6001, 6002:'. Md.. Laws Ch. 687' Sec. 9.10-
Supp. ,
[Supp.
sonabl« manner repeatedfor entry; otherw!sr lawful,'. but which
ro
the tenant may'' obtain in-
19111; Me. i
1971]; Mass_. Comp.: Laws .An n, Ch 186. Sec. IS, [Supp.. 19701: Mich. Collin. Laws ,
•.', l
i
• hirassill tilt tcoznt,
have tile e:.dc o[ ourcason..n ).
0 uw conpttcror,[crTnot[less
Ann., (, c - , r,. Ch ^ 10 Sec ✓6fi Q5. [Supp.
USlt.ttcAtin1G'A\Stc..f 510�!0�1\1(�tUncoin'd
,.
i
uncuve relief to prevent the recurrence
J actil:it dam ng s ( than in
19711; \n• , `. n Lat,s. Tit. 23 _'J Slcs. 55:111,
J
j
agreement. in either case tilt tntaut ma} recoter
amount equaPto'[t] months rent] and reasonable anontey's'fees.
,
8609.[Supp. 197I];'.Pa. St. Ann. Ch. 35. Sea..isUO•I'[5upp 191!];. R.I.Ccn. bates
S,, 12 [1965]. Thr legislatures. of, Maine; \lusachusett, \ew•'. Jersey,
- CoststsvT
:\nn.
\fidtigan and Rhode island also protect tenants front eviction if tile)• have organ-
]
]'
Sec Section 3.103 as to right of access:.
' imd or become a member n[ S tenants' union or similar organvi[ion. -
ARTICLE V
the qu s[[on as [o ivhether the landlord, is cingaging in ,resdiaiory conduce as
.I
j
CONllUCT
prop b.ted,by the statute is .1 question of fact to be detenm ed by th • court. In art
,.
t
1LE"I':\LIaTORY
.' action by or against the tenant: evidence of a co 1plai it w»hm ore }car before the
l
Sect'tos 5.101 'I:: trlirton Conduct 'Pro ibiterl ' :-t b ,
• retaliate
'in
`aIle ed -net' of retaliation creates a rebuttabl presumption that the i nil ore's
j
.. lard inn not }.
landlord
.. (a)L', Lacept as prat idcd this sccuon,. a )
or by bring!ng or [urea[ening to bring an
eonduc: was in 1 his resent tion rulD not arise if lir tenant mated the.
complaint after notice of a proposed rent increase or diminution of services.'
4
increasing rent or dccrcasing services
z
•
action for possnsion after: ,.
(1) the tenant has complained to a Governmental agenry chvgtd rs•ith
or housing code or a violation
ARTICLE VI
enforcement o[ a building
EFFECTIVE DATE AND REPEALER
?
•t
resp-:isibiliq•.for.
: :.applicab!c to dieprent:acs amterially •tf[cein� health teodawiolautnn under
c d. f
has complained t o the' landlsr
SEcrtos 6.101' L•' ectivc Dale. This shall b-comc cficctivc on i. ..
fJ [
(^) the tenant i
It applies to rental agreements entered into of extended or renewed on andaftir
-
Secuon ^.!01; or
r It ills organized or become a member of a tenants union
that date.`
(3),.101;
COMM ENT
7
or similar organization.
(b), If the Ialidlorci acts in violationof subsection i the tenant is entitled
in Section -1.107 and has a defense ill in),
'1his Section, dr:nvn from Section 10.101 0[ the Uniform Commercial Code,
is drawn idea of an ef:ec[ivc,date 'cohsidembly inlndt_nre so there
•
to tile re•nlcdier provided
byror •t,.tins[Ithe
alto with the
d
-. at2ion agaiiis[ liiminr,pus:cssian: Li :m action ,ttn
dleged'.nc n[ ru:diatinn' creates a pre -
may be amile time for all of those who may Ile affected b [iu. rocisions of the
Ace'
t
"a complaint tvidtin [1] year before the
of I'he docs
;\ci [o Ixcomc familiar with it. It is intended that the apply to ill leases,
uptiun. that the landlord's conduct was w letahattolt•, Presunilitiosl
o[ T rent
renewals and other events occurring after its effective date.
-not arise if tile'.tennnY made Pthe complaint after notice pi•oposcd
"I'resump[unleOn" ❑cans ier i fact
':SrcTos 6.102 Sf7ecific Repealer. The following Acts and parts of Acts are
t
videnile
unti01Al
ivnease or diminution of ser
the of the cher presumed unless mld'.uddi tsidnceis intro-
hereby repealed: Acts] -.
mus[ find existence
duced whuh' world support a finding. of its nonexistelcu:ern
SErnos G.103 Savings Clause. Transactions entered'. into before the effective
ala • lirim� an aee[on
e \oucuhstanding suhsections (n) and (b), a land. ) o -
due of this Act, and not. extended or rtnewcdi on mid iter beat haw. ;,::d tine
Tor i[tP - Uousin code was.
nyhis, duties,.and interests flowing from them remain olid and may bt ermin•
possession 6uihlin� m•
'(1) .the violation of die applicable h g
:c »ieulber his
aced, completed, consummated, or enforced as required or perwitted by nny euute
caused. primarily by lack of neasonnble care by the tenant, of
or odter law amended or repealed by this Act as though than repeal or amendment
fan ilt. or Other person ml the prem rs with his consent; or
had not occurred.
,.(2) the to n urt is in default in rent; ur
i,hcable building of housing code requires
Si.cTiox 6.101 Severability. If any provision of tlis \e or the application
>I •ince with Ole
3 compliance l 1
1 •v• dw'
demolition which would e6ectitely deprive
thereof -� nn' arson or circumstance is held invalid, the fns:dndnty docs not aliec.:
t
alteration; rcroodolinig, or
. other rovisions or application of this Act which can be; Piven effect without tilt '
pp
tenant or rue of tile dwelling unit.
:lit action under subseeion (c) docs riot Tel
provision or application, and to this crd the pr of this Act arc
j
(d).1'he Illailinnm»ce O[
liability under Section •1.101[b)."
�velid
tile'Iall ord-from
'
COMMENT
-State and federal courts in California (II raeehn v, Bonds, 20 C•il.:\Ppsd 281,
Sc&mcigger v. 1!uncls, 3 Cal, •\np.^_d 507 90 Cal. ltptr. 729
:
97 Cal. Rptr. 650 (19711j;
;-.[1970]), Florida .(l7nwles v, Blue Lalte Develofilncnt Corfu. (S. Florida, 1971),
i
May 21, 1973
Mrs. William C. Litton
77 Bon AireMobile Home Lodae
Iowa.City, Towa 52240
Dear tors. Litton:`
The City Council 'received your letter.concernine your
support for .a possible bus route extension to the Aon Aire
Mobile Home Lodge' at their Mny', 35, ,1973 meeting. The Council
appreciated receiving your comments concerning future possible
bus service to themobilehome park, and will keep your
comments in mind ,when:this subject is discussed again.
Again thank you for sending your comments to the Council,'
With my, best ,regards,' I an
Sincerely,
Thomas H. Palmer
Administrative Assistant
THP/Oh
b1i2. Tit- P6 (9L'rz -!aril }lt - ":-C) no nr. " NDN •.e �T•no "Ayr
12
'MAT 'Wit, ARIOAI ISS TR8 Vr-rf..*7UNG UN XINI^R?�):` 7C'Ih,. i� 1� „1
IMF
� ll- <�// �� �l'`"'iZ�,G'•� //�.;7 /'/'�f�'�%� :j' Lam' �:
j
i , : ��� Gl/�nL�-�` � 8 � 7 . �tivf �•�" Gc.��-cam
�I
vL, 1 1, • J'� / _; / 'T Sl/� «mac.
r U
1,13 d
�� GL
WE THE QNISIGNED, WANT IT TO BE RECORDED*CITY HALL,
THAT WE ARE AGAINST THE; WIDENING OF KIRKWOOD AVE.
NAME ADDRESS
CLU
0
IZ4
N121—I.1t�.,� �1
-�'C�•c-'' ��t 7U- v.;Gl.,:u. � ! ' % i � c,14•'�'C ( c' r � /i, � 4 � �
q
J�Vr�n }1, 1i�7uNy ✓I{,ll� ��I, Guju vd AVQ,
WE THE UNDERSIGNED,, WAIIT IT TO BE RECORDED AT CITY ITALL,
_y.THLT�FIE ?r+jA :i'N "iE, 4�Z +�It jr OF KIRKWOOD,,A�� - 7!
ttAt4E, ADERESS
/rz L17
s
�//// q ,rZG..�� BGG C C )•.. ' 4 }.� G Q� \ a
CIL,
14
I`J. �'1.W"'�-/ IG%+.ems-`^ +..1 •J i_. '� ��a f'...+
J
'. "�~ 'r—'`1.�•.�:,�,$�,S�ti�,� � ���`li I "�"�°,:'r•�S-�}5.,� �\.'>\T3y44.�`Yl� GiF;\\`�
/ .�, 7"" y !� 1./,-- .. � f,' •�J ! �. �:���`'• �! ; sv � � � ��./.+'i 4 ,
i
I
City of, Iowa Cites
M EMORANDVM
DATE: play 15, 1973
TO: Ray S. Wells, City Manager
FROM: J. B. Pugh, Jr., Director of Finance
RE: "Unified Trial Court Act'
Purpose 'of Memorandum
in 1972 the Iowa Legislature enacted a most sweeping revision in the Iowa
systmn of. criminal justice when it passed the Unified Trial Court Act,,
now Chapter 753 of the Code of Iowa, 1973. Basically, this new law stream
lines and consolidates all of the minor courts in Iowainto ,a'new magistrate
court system under the supervision of the District Court Judge. This new
arrangement has definite:consequences for the operation of Iowa City'gov-
crnment.in' that it wi11:,:,eliminate the _present Police Court and consolidate
the traffic and p
� parking violation a ctivities under the supervision and
control of, the Clerk of,"the District Court. However,. the law, provides
that+:city's may retain 'controlover parking meter violations by establish-
ing an ordinance,liand maintaining an administrative staff necessary for the
collection o£ -fines prior to further legal action with the new court:'• In
oth.1 1er words, Iowa City;:has an -opportunity now to "opt out" of'the new -court
set-up as far°as parking meteriviolations are concerned. It is the purpose '
of this memorandum to';review,the various ramifications of this decision
and to recommend a course of 'action for your consideration.
Background and History
Parking meter violations came ,to this community in 1947 when':the first
parking meters were installed:in the central ',business district. Historical
developments include the hiring of a separate meter enforcement staff; the
tremendous increase in the number of tickets issued as the metered district'
expanded; the segregating of 'the follow-up, ,collection, and accounting act-
ivities from the Police Court; and finally the allocation of considerable
resources of the Department of Finance to administer '.the entire parking
program. A rather elaborate 'system of coordination and control has been
developed to ',account for and collect a volume of tickets now approaching
an average of 140,000 per year. (See Exhibits I and II attached). Tis
activity hasrequired'five full time and one part-time employee since 1970.
By these means we have been able to, collect or otherwise dispose of approx-
imately 70%
pproximately'70% of the tickets issued on an annual basis with a'positive'
economic impact as illustrated in Exhibit III.
I t'
May 15, 1973
Page
2
I
Alternative Considerations
There are both Posit ive and negative aspects s of both sides of this sit -
cation that should be considered. After discussion with members of my
staff, the Assistant City Attorney, and the Clerk of Court and his staff,
the plus, and 'minus situationmight be summarized as follows`.!
A. If the parking meter violations follow-up were retained by the
City, administrative problems of some, proportion would need to
be resolved.' For instance, could the present 'appeal„system be
retained? If not, a substantial increase in the number of
."failure to appear" charges would result. If so, how would the
appeals be coordinated` with the court, and would court costs be
levied prior to an actual charge being 'filed?. Also,;would the
new court accept the inclusion; of charges for '!failure, to appear”
or would a separate charge be required for each violation?
Constant communication on payments made to the 'Clerk's'!office
would be mandatory if the use of the "Denver boot" were to be
'continued.
.Other administrative costs would include the constant interchange
:ofpaper work between the Civic Center and the.Ccurt','House; City
fines for traffic and parking violations would be accepted in
two different places.in town; and an'increase'in the:'number of
City employees required to appear in court would be necessary.
These and other problems would'require'greater supervision and
administrative control than isnow ;necessary.
B. < Retention of the system"would guarantee the continuation of the
close coordination between those writing meter violations, the
repair staff,and the traffic division that has resulted in the
follow-up of approximately 700 of all violations written. Very
few appreciate', what this: coordination means in terms ,of avoiding
problems and decreasing substantially the work of the Police
Court Judge., However, this coordination as a positive aspect
would be diminished somewhat if the .items mentioned 'in A'above
could not be resolved.
C.' There are those who would argue, that the City will suffer fin-
ancially if the follow-up system is not retained. As is evident
in Exhibit Ill the City will realize an outright saving of over
$68,000' per year in 1973 dollars. A close reading of the required
fines and costs in the new law would indicate that revenue to the
City 'might very well increase, especially in areas other ,than
parking meter violations. It, appears `likely ,that a'legislative
x 3
May 1S, 1973
Page 3
conference committee will eliminate the $5.00 in court cost
on meter violations - none of which would have been available,
to the City in any event. However, the $2.00 minimum will
prcbably stay, and so even if ;the future enforcement is not
quite as efficient as the present one, revenue',to the City most
likely wili'remain close to what it is at the present. One
very important aspect is that any decrease in the number of
tickets issued because of either higher fines and/or costs
would probably result in more money in the.meters or the bus
fare box - two places in which we need revenue badly. Retain-
ing control of the;,issuing of violations seems:to us to guar-
antee a level of enforcement sufficient to protect the integrity
of the parking meter system, remembering, that it is our long-:
term goal to eventually get out of the meter business.
D. It seems likely at this point that the City Council will have;
the opportunity to retain its own form of violation notice
and pay the postage ,even with the system under', the Clerk of Court.
The uniform citation has not .been drawn by the Director of the
Department of Public Safety at this point, but it would appear
that parking meter violations may not be included asspart of
the "menu". If so, the City;could develop its own fine and
mailing procedure and leave', the rest to the Clerk of Court.
G. "Because meter violation follow-up is an administrative staff
function at this time,?it appears to the public that parking
meter violations are designed strictly as a revenue collection
device when in fact this function is strictly a court respon
!sibility. This unhappy situation has attracted like a magnet
!all of the community;' irritation with parking 'ticketi directly
Tat administrative management which is at an extreme disadvantage
when compared to a Judge or Clerk of Court. 'It is high time we
;get the City's staff out of the court system no matter, how much
more efficient we may or may not be in following upon unpaid
parking' meterviolations.i To do otherwise would seem ,to border
on a deliberatecircumventing of legislative 'intent :in enacting
the reform legislation in the first place.
Recommendation
We have approached this recommendation
P tion mindful of the'need to reserve the
integrity of the parking meter system at least in the`, short run until
future' developments 'can provide this community with a'much bettor service
in terms of:.a parking system.-'' Basically,; it is my .own view that from a
political as well as economic standpoint there is much more for the City
to gain by not retaining!the,parking meter violation follow-up than,by
retaining it. It is therefore, my recommendation that the parking meter.
i
clay 15, 1973
Page q
violation Follow-up activity be transferred'' to the Clerk of District
Court on July 1, 1973: The effect of1this recommendation, if approved,
would result in the following administrative actions:
I. An immediate lay-off procedure:would be instituted to become
effective on July 1. Although1we are authorized five full
time persons and one halftime'person in the 'Traffic Division
we have elected not to fill one full time vacancy recently
created until this matter under discussion is resolved. Of; those
five employees, the: supervisor and the half-time employee will
need to be retained because of staffing requirementsfor,a
central purchasing division. 'Therefore,.three individuals would
be subject to layoff; however, because the District Court Clerk
does not have anyone to fill the new positions in his office it
is likely that these employees will have an opportunity to move
there. "I
2. 'In ourdiscussions with the Clerk of Court we have indicated our,
willingness to provide him with the City's sytem in its entirety.,
This includes forms (which would be changed only in.the matter of
identification and address), files, tickets, reference information,
etc. An inventory, is presently being completed of items both in
the Department of Finance and in the Police Court :in order that
price canbe determined.
3. The City should probably provide supervision during the transition
., P 8 ansition
period.S ItIwould be my suggestion'that our supervisor spend
approximately a'week to ten days immediately after the change over
in order
testablish the system in ,the Clerk's office . We have
also
agreed'e of assistance to the Clerk in setting up his
accounting procedures in order that he might benefit by our ex-
perience, but more importantly to insure an adequate reporting
system "from his office' for the fines and costs that will be re-
turned to the City.
;i
It is my feeling that this matter needs to be discussed with the City Council
at the earliest possible date in order that'- smooth transition be guaranteed.
It would be my suggestion that we schedule this for discussion at either the
informal o. formal Council sesion on Tuesday, May 15. If you have any quest-
ions in this regard, please do not hesitate to contact me.
/ J
/J. B. Pugh, Jr.
Director of Finance
/dc
',,:; , RAFFIC DIVISION AfONIllLY RGFO
st
IDecemberr1972
\umberof Tickets 71 LICH 72:LicH
73 Lich 71 Tickr 72 TickN
Total i early 'Total
\umber Written 2' 10;562
69
-__
10,633=
10,633 144,324
Number PLI. 1st 0 4,634
Number Id. Other 0 2,312
32 p
4,666
4,666 64,545
Total Paid 0 60946
p
32 0
2,312
2,312 37,060
0
6,978
6,978_ 101,605
(lmount Received
Decem er
ear
First Simmons
:$6,243.35
All Other$81,976.78
Total Received
5,014.32
14.32
$11,257.782,507.15'
'
$164;483.93
Letter S stem llecember-
December
1972
1971
Number Sent 80 Letters
Number Paid 40 Letters
485 Tickets
S,S90 Letters
7,015 Letters
, Number Void 2'Letters
215 Tickets
18 Tickets
2 036 ;Letters
4'L2'Letters
3,944 Letters
Number Referred 38 Letters
221 Tickets '72
'ticket
1,021 Letters:.
60S Letters
2,490 Letters
Number of Referred
1 171
-
Pd. (all months)- 107 Letters*-
Number of Referred
543 Tickets '1,253
Letters
1,129 Letters
Clear cd mos.) 2 Letters
'
15 Pickets
70 Letters
1971 Tickets
December
/
Year
.Nimiber Written
NtLmGer. on'Pile:18,371:153,435
Number oil Warrants1
Number Dismissed (2500 170 G 217 169 not
inc.) 3,353
10,596
Number Paid
.:
8,579
Number on. Pd. Warrants
p
109,419
(14 '70 F, 3 '69 not incl.) 103
Number on Cleared Letters
6,249
0
221
= 1972'Tickets
December
Year ;
Number Written
10;633
Number on Pile
37 801
;
144,324
Number on hariwits
221
Number llismissed
334
7,629
Number Paid
6'978
2,416
Number on Pd. Warrants
432**
93,107
Number on Clcared''Letters
`
3,255
15
116
*Includes +2 correction from May error.
**Includes +() correction from May error.
Linda Lineback
January,'S
1973 II,
r
'IR WFIC:DIVISIQJ btJNI11LY REPOHI'�
April, 1973
or f Tic kets 71 Lie N
72 L1eN 73 Lich
72 TickN
Number Written 1
73 AIkKit
ITotal Yearly Total
2,110 10,910
- --13,021
i 13,021 50,208
Numiber Paid 1st ' ;0
Number Paid Other 0
90S 4,S92
2 643 '', 1471
if 5,h81'
5,497 21,001
Total Paid 0
i-
3,518 6,063
945 3,169
1,114 13,391
961 89650
9,611 34,392
Amount Receive
ril
First Summons
5 7
car
-A11 Other
195. G9
8038.90
$28,S44.15
Total Received
15,23
29 284.45
.5�
57;828. 0
Letter Sstem Aril
ril
1973
1972
Number Sent 303 Letters
Number Paid 153 Letters
2 1032 Tickets
941 Letters',
5,590 Lottcrs
Number Void 13 Letters
19027 Tickets
:' 110 Tickets
414 Letters]
2,036 Letters
Number Referred 137;Letters
,
595 Tickets
37 Letters,,
490
422 Lettersi.
300 Tickets
_73- Letters'
172
1,021 Letters
Number of Referred
Pd. (All Months) 60 Letters
369 Tickets
261 Letters
1,253 Letters
1972 Tickets
Aril
Year
Number Written
Number on Pilc
27,239
144,324
Number on Warrants
Number Dismissed
300
9,558
Number Paid
4
2,593
Number on Paid Warrants
961
100,427
(15 '71 Tickets not included)
217
4,391
Number on cleared letters
116
,,. 1973 Tickc�.s
-------------
riT
Year
Nimdber Written
Niunbcr on Pilo
13 02.1
20,937
50,208
Number on Warrants
595
Number Dismissed
1,353
Number Pahl
228
630
Number on Paid Warrants
8,
27,068
137
137
220
Linda Lin
eback
May 71
1973
�..
,,
ti
YEARLY TOTALS SINCE 1964
7
Year
Tickets Issued
G
19h
44,343
3
19Ci5
46,413
1966
50,424
h2
, h
1967
50,801
1968
22
62,622
1969.
99,993
1970
127,476
'%1971
153,435
1972
1440324
1973
bDYMLY TOTALS
1969 TI•IRU'U973
Month
1969
1970
1971
1972-
1973
January
4,863
7,349
11',059'
13;540
11,167
rebruary90355
11,169
11,997
14,410
13,797:
Mardi
9,101
11,874
160225
14,175
12,223
April
8,478
13,086
14,764
11,212
13.,021
May
8,276
111227
12,450
113,274
June.
80114
9,368
110049
110822
July
70762
9,692
110203
10,137
August
b� ,
6 937
r
8,4S7
9932
r
9'933
September
11,339
'
11,290
140729
10,532
October
80607
12,053
13,8031
12,953
November
8083
11,752
13,775
11,703
December
10,004
i
• ." �
3
10 17
12 449
'
10633
r
i, i
EXHIBIT III
PARKING, ENFORCEMENT*
COSTS, TO CITY
1971 $ 1972
Expenditures
1971
'1972
Salaries
$22,211.53
$24,388.35
FICA 'Fr IPERS
1,932.40,
2,121.78
Health Insurance
822.10
906.75
Life Insurance
90 86
99.12
Office Supplies
2,154.40**
7,315.83
Operating Supplies
4,430.13**
41.26..
Repair Supplies
211.00
81.39
Data Processing
273.25
192.87
Phone'Service"
143.53
405.03
Postage
1,203.18,
9,091.00H'
Publication
10.14
93.19
Equipment Maintenance
113.00
146.80,
Office Equipment
175.00
Subtotal Traffic Bureau
i
$33,770.52
$4.5,083.37
Police Court Expense
26,627.13
23,117.98
Total
$60,397.65
$68,101,35
Receipts
Traffic Bureau
$195,110.16
$164,439.68
Police Court
104,178.43
110,884.85
Total
$299,288.59
$275,324!53
* Does not include costs for Parking
Enforcement Attendants
- $43;986.51 for 1971 and
$41,774.43 for 1972!
** Includes Printing'of Parking
Tickets - $4,416.43 for 1971,
and $4;320.93 for 1972.
k Includes Return Postage for
Parking Tickets of $6,000.00'
1 A!
` To Cit Y Crntncil of Iowa City.
From: League of Women', Voters of Johnson County
} Faith ;aiowler, President
! Statement on Capital Improvements Program
,.
May 17, 1973
! The League 'of FJomen Voters of Johnson County congratulates the City
Council; and staff for their achievement 1 in producing a comprehensive. plan
for capital improvements, together with a proposed fiscal.po]icy to make
its implementation possible.
We. are impressed with the proposed five-yearCapitalImprovements
Program. Rather than waiting for the inevitable yearly crises to develop,
the city acbainistration'Ihas identified a substantial list of projects which
wi11 further the goals of the ,community lover the next five years. Furthermore
the cost of each project has been estimated and suggestions'havel.been made
concerning the timing of these projects and their financing. !IOn•thel.basis of
this list the community must now define its own priorities within the confines
of the, city's revenue. source's
i
The heague is particularly concerned with three general areas of the
Capital
Capita; Improvements Program:• .L1) urban renewal and related projects;
2) parks and recreation; and 3),long-range planning.-
Urban Renewai and Related Projects
_ln the first area; that of Urban!Renewal the League continues to support,
e. this program and realizes that it is an on-going process which involves, allocation
'I of
'•
capital expenditures throughout the "next five years and beyond. "vie also wish
to reiterate
�•. our position that low income housing should be part of a'diversified
housing
program lin the centrai business district, rIndeed, the city, should
assume;resoonsibility for providing low rent housing if private enterprise can
not meet the community's needs. The,I,League hopes that a renewed central
business district willbe not only a place to work.and.shop,;but a:place in.
which individuals•of different income levels .may live.
The League is well aware that the City's contract with the Department
Of Housing and Urban
Development for the redevelopment of downtown provides
for 'within
parking facilities rthe central business district. The League
believes
that the city ,lshould 'provide (1) an efficient mass transit system,
(2) adequate
long and short term parking, and (3) a transportation or•mass
transit
terminal., It, is hol that urban renewal plans would include such a -
terminal
or that,the Capital Improvements Program might be amended to provide:
for this facility,
! I
Y
, . I I ", , 1 1 z t 4 � ; p 6� -j ",
�Y
II ':Parks and Recreation
In the area of parks and recreation theLeague's first priority land
acquisition, especially along the Iowa �, riverbank. Unf6rtunately, the present
I .
Capital Improvements Program proposes no funds specifically, for acquiring
additional land along the Iowa River.:The League encourages the Council.,
before the Capitdl Improvements Program is finalized,, to investiIgate I h T, e
possibility of allocating funds for the purpose of riverbank acquisition.:
III. Long-Pange Planning
In our third and final area of concern the League supports the use
of long-range planning in city projects.
The recurrent flooding of Ralston Greek is a problem that must be solved.
Providing funds for planning in 1973 and 197h;'so that all alternative solutions
-61ored should result'in the best possible choice
'of ex
of a,course of action
to be followed
t: inll?75,and subsequent years.
The League,*concurs with the defermeni until 1975 of the possible.
ryl:, alterations of Benton, Muscatine, Kirkwood,and Burlington. Streets.!: `The
f:
widening of thesd streets, especially through established neighb'6rhoods,
should awaitthe outcome and evaluation:of the translOortation'study..
As these comments demonstrate, the League endorses the concept of a
fiva-year Capital: Improvements Program and.,realizes the necessity of.e'stab-
• Ushing a fiscal policy to implement those projects adopted by the Council.
g�G'-tacci'�•�"'•i�.i�a..�r� rG��`�.�7.�,:ti :� , : N i ,;
Q .�'.
t -
ABC supports the concept of long-range planning by the city,l It is essential ?„
for the orderly development of the entire county.that this planning be done in
accordance with the Johnson County Regional, Planning Commission's proposed
land use plan when adopted, Cooperation between the staff of the city and that
of the JCRPJ should be standard procedure,
Revenue Sharing funds give our city a unique opportunity to invest in the
future. We suggest that each year $100, 000 be.used for land acquisition.,
This maybe land in the Ralsmton Creek flood, plain; along the Iowa River; land
adjoining, new school properties to be used for :parks; or perhaps land adjacent
to;public buildings. This use of Revenue Sharing is an investment that', can at
any time be put to use or can be turned into profit for the city;
The remodeling of the Civic Center is an unprofitable use of Revenue
Sharing funds, Rather it should be financed by General Obligation Bonds, We
question �the ,advisability, however, of moving ahead rapidly with the remodeling
plans, sevr#ous discussions currently being held with the county over the
v.:., 4 f-
possibilities of jo#ntnfacilit\{'eIs;1maay=aakel .1h/e remodelling obsolete before it is
completed, h�,� :Ih.. �1 ` •>a
ABC supports the park acquisition and recreational improvement, projects
as 'beneficial to the entire community and in accord with the proposed Regional
Land Use`Plan,
The Public Service Repair Facility appears to be an efficient idea.
However, this is'a tajor item and before the council or the people can determine
the wisdom of its construction for the welfare of the city, there are facts and
figures that need to be made public. Rist X1KpLIXIXXXKA:pgX UXdXsoKlil6Kxg6XX
1K8XK3fX83EXK7iXMgMl(i7L8X F#eat—is--the-et location of the r:' proposed facility;
the planned disposition of the existing, facilities; and finally, a comparative'.
analysis of the,operatign and maintenance costs between .the old facility and
the new. ABC is requesting that, these figures be compiled and published for the
edification of all the citizens of Iowa City.
The status of the gasoline engine in the future is open now to serious
question., The oil shortage and the muscle flexing of the Arab countries are
making the decline of the private automobile a distince possibility. It can
no longer be shrugged off 'as the moatnings of environmental cranks, For these
r