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1 Law & Hous. Newsl. 1 (1973)

handle is hein.journals/lhousj1 and id is 1 raw text is: This is the first issue of the Law and Housing Newsletter published under the auspices of the Case Western Reserve Law Student Services Association, a non- profit corporation incorporated in Ohio. Funding is made available by the Student Bar Association. Contemporary American society is confronting a housing problem of criti- cal proportions. The legal profession is responding to this crisis through progressive judicial decisions and legis- lative action at a more rapid rate than present publications have been able to communicate. This newsletter is to func- tion as an informational source of the most recent developmental trends of court decisions in the area of landlord-tenant law in Ohio, and will include articles on major developments in other States. It will be published quarterly in the months of May, August, November and February. Comments, suggestions and letters are invited in this effort to provide infor- mation on this important area of law. All correspondence and contributions should be addressed to the Case Western Reserve Law Students Services Association, 'A09, CWRU, Cleveland, Ohio 44106. All contributions are tax deductible. WNDHU LAW ANOSING KNEWOLETTENR CASE WESTERN RESERVE UNIVERSITY LAW SCHOOL Volume 1, Number 1, May 1973 The growing concern over the anti- quated nature of landlord-tenant laws. has prompted new legislative proposals. Of these, two recommended bills are of special concern to Ohio - the Uniform Residential Landlord and Tenant Act (URLTA) proposed by the National Confer- ence of Commissioners on Uniform State Laws and the Ohio Senate Bill #103 pre- pared by the Governor's Housing and Community Development Advisory Commis- sion. This article will briefly examine the major provisions of these bills to determine which bill is the better of the two. Naturally, in order to decide which is the better bill, it is important to set up a standard for comparison by looking to the purposes of the proposed legislation. Ideally, new landlord- tenant legislation will: (1) improve the quality of housing in Ohio (2) bal- ance the interests and duties of both the landlord and the tenant in a fair manner and (3) serve an educational func- tion by clearly explaining to both the landlord and the tenant what these duties and interests are. Each of the bills in question has certain major provisions in common. Each bill abrogates the common law doctrine so long applied in leases of caveat emptor by providing that the landlord shall warrant the habitability of the premises which he rents and shall also maintain these premises in a habitable condition during the rental term. On behalf of the landlord the bills provide for certain tenant warranties such as maintaining the premises in a safe and clean manner and not damaging the land- lord's property either by the tenant's own wilful actions or by those of guests under the tenant's control. Each bill contains provisions for security deposits to be made by the tenant to be used to repair any damage he causes during his tenancy. The bills also prohibit the inclusion of confession of judgements in leases. Each bill provides remedies for the landlord and tenant upon breach of the other's warranties and to insure each his respective rights. On the whole, however, the National Uniform Residential Landlord and Tenant Act seems to be the better of the two bills. The major innovation of both Senate Bill #103 and URLTA is the provision for an implied warranty of habitability of Continued panc 4

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