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Case Citations [1] (July 2018 through April 2019)

handle is hein.ali/resdplltnt0033 and id is 1 raw text is: PROPERTY 2D: LANDLORD AND TENANT PART II. TENANT'S RIGHTS CHAPTER 4. PARAMOUNT TITLE PREVENTS CONTEMPLATED USE § 4.3 Existence of or Eviction by Paramount Title After Entry by Tenant C.A.7, 2018. Cit. in disc. Lesbian tenant brought a lawsuit under the Fair Housing Act against her landlord, alleging that defendant failed to provide her with non-discriminatory housing and retaliated against her for lodging complaints of homophobic abuse by other tenants. The district court granted defendant's motion to dismiss, finding, inter alia, that landlords were not liable for failing to stop tenant- on-tenant harassment unless the landlord's inaction was driven by discriminatory animus. This court reversed and remanded, holding that a landlord's duty to not discriminate in housing conditions included the duty to prevent known harassment of tenants on protected grounds. The court cited Restatement Second of Property: Landlord and Tenant § 4.3 in explaining that a landlord's duty extended beyond mere possession of the premises and included providing tenants the use of the totality of the leased premises. Wetzel v. Glen St. Andrew Living Community, LLC, 901 F.3d 856, 867. CHAPTER 6. CONDUCT OF LANDLORD OR THIRD PERSON INTERFERES WITH PERMISSIBLE USE § 6.1 Landlord's Conduct Interferes with Permissible Use C.A.7, 2018. Quot. in sup.; com. (d) quot. in sup.; illus. 10 and 11 cit. in sup. Lesbian tenant brought a lawsuit under the Fair Housing Act against her landlord, alleging that defendant failed to provide her with non-discriminatory housing and retaliated against her for lodging complaints of homophobic abuse by other tenants. The district court granted defendant's motion to dismiss, finding, inter alia, that landlords were not liable for failing to stop tenant-on-tenant harassment unless the landlord's inaction was driven by discriminatory animus. This court reversed and remanded, holding that a landlord's duty to not discriminate in housing conditions included the duty to prevent known harassment of tenants by other tenants on protected grounds. The court cited Restatement Second of Property: Landlord and Tenant § 6.1 in explaining that a landlord was required to provide tenants a residence that was free from interference against permissible use of the property by the tenant, including interference by third parties. Wetzel v. Glen St. Andrew Living Community, LLC, 901 F.3d 856, 865. PART II. TENANT'S REMEDIES CHAPTER 11. PROCEDURE WITH RESPECT TO RENT ABATEMENT, RENT APPLICATION AND RENT WITHHOLDING § 11.3 Rent Withholding COPYRIGHT 02019 By THE AMERICAN LAW INSTITUTE All rights reserved ALI Printed in the United States of America For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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