Posts Tagged ‘landlord tenant law’

April 28 roundup

  • Forensics gone wrong: Alabama mom spends nine months in jail after medical examiner misdiagnoses stillbirth as murder [Patrick @ Popehat]
  • Bouncer shot outside bar going after owners individually to collect $1.5 million verdict [W.V. Record]
  • “Feds Seize Assets of Companies Suspected of Hiring Illegal Aliens” [Reisinger, Corporate Counsel]
  • Dealing with compulsive-hoarder tenants who fill apartment up to the ceiling with trash can be legally tricky [San Francisco Weekly]
  • NYC has paid more than a half billion dollars over past decade to settle police misconduct suits [NY Post]
  • Los Angeles schools taking aim at state laws that make it near impossible to fire teachers [L.A. Daily News via Kaus]
  • Another parent put through mistaken-identity child-support hell, this time in Pennsylvania [Harrisburg Patriot-News via Amy Alkon] For a similar case from California, see August 7-8, 2001;
  • Disabled man finds vehicle towed, wheels himself in cold to distant lot, catches pneumonia. Liability for tow company and parking lot owner? [John Hochfelder, who also hosts Blawg Review #209 this week on a theme of remembering his father, a veteran of the WWII battle of Iwo Jima]

Kozinski grudge-match litigant, cont’d

Readers may remember Cyrus Sanai as the litigant with the big grudge against Ninth Circuit Chief Judge Alex Kozinski who proceeded to launch a campaign trying to destroy Kozinski’s career (with some help from the Los Angeles Times). Now a California appeals court has issued the latest ruling in Sanai’s decade-long dispute with the owner of a Newport Beach apartment he once rented. Shaun Martin at California Appellate Report has details on the ruling, which sends the fight back to the lower courts. Martin calls it “a tale of litigation run amok. A tale that explains, in part, why some people hate lawyers; and, in particular, engaging in transactions with them.”

P.S. Sanai, in our comments section, says we’re wrong: for one thing, we described him as having sued the owner of the apartment he once rented when in fact “the complaint at issue is against UDR’s successor in interest, First Advantage Corporation, and UDR’s owner, Harvey Saltz”.

NYC council: poor tenants should have eviction lawyers

Note that the proposal here is not to provide free lawyers in cases where careful case-screening establishes a fair argument that the eviction is in some way legally wrongful or unjustified. It’s to use taxpayer money to make sure that tenants who’ve trashed the apartment or stiffed the landlord on months of rent are also assigned a lawyer who will predictably use all the procedural leverage available to stall things out further, extract a payment as a condition for the tenant’s leaving, and so forth. NYU’s Brennan Center is pushing the scheme, which has 22 sponsors on the New York City council. (Manny Fernandez, “Free Legal Aid Sought for Elderly Tenants”, New York Times, Nov. 16). For more about “Civil Gideon” schemes, see this post (scroll) and this one (David Giacalone: “Attorney Employment Assurance Plan”).

P.S.: To clarify matters: for now, the program would apply to elderly tenants (which doesn’t mean all the occupants of the apartment will necessarily be elderly).

They Came To Stay II

We previously covered the surprising side effect of legal reforms to protect tenants against landlords: homeowners in Florida discovering that a friend or relative invited as a guest gets to leave only when they want to leave without expensive litigation to evict them (Feb. 19). This had tragic results in Montgomery County, Maryland last week. 71-year-old Joyce Hadl charitably allowed a homeless woman, Susan L. Sachs, to stay with her rent-free in exchange for work around the house. According to a friend of Hadl’s, when Sachs started exhibiting signs of mental illness, “walking around the house and calling Hadl insulting names”, Hadl became alarmed and tried to get her to leave, but police called to the home concluded that they could not legally remove her. Hadl has since disappeared, and Sachs is now under police custody, having been charged with her first-degree murder. (David Snyder and Amit R. Paley, “New Arrests in Disappearance”, Washington Post, Aug. 26).

They came to stay

Careful about letting a friend or relative crash at your house: various Floridians found themselves in for legal complications when temporary guests decided they didn’t want to leave. Calling the sheriff doesn’t necessarily work, and it’s legally hazardous to have locks changed, cut off utilities or put the interloper’s possessions out on the street. (Marcus Franklin, “Law slanted in favor of unwelcome guests”, St. Petersburg Times, Feb. 17).