FBLEC-2e Practical Internet Exercises
Chapter 29: Real Property and Landlord-Tenant Law
Practical Internet Exercise 29–1:
Legal Perspective—Eminent Domain
URL:
http://www.eminentdomainlaw.net/propertyguide.html
Even when a landowner owns land in fee simple, thus having the greatest ownership rights possible, it may be that the owner will have to give up those rights if the government decides to take the property for public use.
The above URL will take you to The California Eminent Domain Handbook’s main page, which is provided by a California law firm that specializes in eminent domain and condemnation law. Read through the first three sections of the handbook by clicking on the links located on the left side of the page under “Contents”, and then answer the following questions:
• What is the power of eminent domain? What are some recognized public areas for which the power can be used? Can the government exercise this power even if a property owner does not want to sell his or her property?
• Are challenges to the government’s right to take a particular property for a particular project common? When challenges are made, are they usually successful? What is the reason for most challenges?
• What is meant by the term “public use”? Does a project need to be actually open to the public to constitute a public use? Can property taken by the government for public use be turned over to a private developer?
• Under California law, what steps must the government take in order to acquire private property by eminent domain?
• What is meant by the term “just compensation”? Business owners may ask for just compensation for what elements other than the real property involved? Who is entitled to just compensation? Are tenants who lease real property that has been condemned entitled to just compensation?
• What is “fair market value”? How does California law define fair market value?
Practical Internet Exercise 29–2:
Management Perspective—Fair Housing
URL:
http://www.hud.gov/offices/fheo/FHLaws/index.cfm
Owners and managers of firms that sell or rent housing need to be aware that federal laws prohibits discrimination in the sale or rental of housing. The Department of Housing and Urban Development (HUD) enforces the fair housing laws.
The above URL above will take you to a page on HUD’s Web site that examines the requirements of the Fair Housing Laws. Read through the section on the Fair Housing Act of 1968 and then click on the link More on the Fair Housing Act. Read through the materials on that page and then answer the following questions:
¨ What types of housing are covered by the act? What types of housing are exempted from the act’s coverage?
¨ What types of actions are prohibited in the sale and rental of housing? Does the prohibition against discriminatory advertising apply even to housing that is otherwise exempted from the act?
¨ Are mortgage lenders included under the Fair Housing Act? If so, what must mortgage lenders do to comply with the act?
¨ Briefly discuss the special protections available to persons with disabilities under the Fair Housing Act.
¨ Discuss the special provisions concerning discrimination based on family status. Why do you think there are special exemptions for housing for older persons? Do you think there should be?
¨ When someone files a complaint with HUD, what actions can HUD take to remedy the problem? Can HUD’s decision be appealed to a court?
Practical Internet Exercise 29–3:
Social Perspective—The Rights of Tenants
URL:
http://www.azsos.gov/public_services/publications/Residential_Landlord_Tenant_Act/
Generally, the rights of tenants (and landlords) are governed by lease contracts. Additionally, however, statutory law often comes into play. An example of a federal statute is the Fair Housing Act, which prohibits discrimination in the sale or rental of housing. At the state level, statutes have been enacted that set forth the rights and duties, respectively, of landlords and tenants.
An example of such a statute is Arizona’s Residential Landlord and Tenant Act (RLTA), which is posted on the Arizona Secretary of State’s Web site at the above URL Scroll down the page and read the sections on Landlord Obligations and Tenant Obligations. Then answer the following questions:
¨ Under Arizona's RLTA, what are the landlord’s obligations with respect to maintaining the facilities? Which party, the landlord or the tenant, must maintain the common areas (halls, stairways, and so on) in safe condition?
¨ What is the landlord's obligation regarding maintaining the premises in a habitable condition?
¨ What are the tenant’s duties with respect to maintaining the premises? In what circumstances will a tenant be liable for damage to the property?
¨ What three options are available to a tenant when a landlord fails to provide reasonable amounts of hot water, heat, air-conditioning, or cooling?
¨ What does Arizona's RLTA say about security deposits? In what circumstances can the landlord retain part or all of the security deposit? If the landlord intends to retain part or all of the security deposit, what must the landlord provide to the tenant, and by when?