Posts Tagged ‘landlord tenant law’

Rent out units? Care about constitutional rights?

If you rent out one or a couple of living units at your home and are interested in liberty under the U.S. constitution, a non-profit legal group that works to combat government overreach would like to hear from you. At issue are the rights of resident small landlords — specifically, persons who live in a building themselves and rent out a living space or two (but not more than three) on the premises. Without getting too specific about the details, the federal government is asserting a constitutionally dubious power to regulate on certain questions that are of practical importance to many home-based landlords, but aren’t related to hot-button areas like race or sexual orientation.

This isn’t a project connected with the Cato Institute, by the way; I just offered to spread the word because I think these are lawyers who 1) do good work and 2) have identified an important issue. If you’re interested in learning more, email editor – at – overlawyered – dot – com.

Environment roundup

  • Environmental law’s oft-praised public trust doctrine may have made California drought worse [Gary Libecap, Regulation magazine, via Peter Van Doren, Cato] Blame Nestlé for California water crisis? Well, people can try [Coyote]
  • True to “so-called Seattle Process of inclusive and abundant dialogue,” tunnel to replace Alaskan Way viaduct has developed into expensive fiasco [Karen Weise, Bloomberg]
  • Jefferson’s method of surveying “abstract and commodifiable” land, well suited to flat Midwest, curbed litigation and greatly advanced American prosperity [Steve Sailer, Chronicles]
  • RFK Jr.’s Waterkeeper “tightly intertwined with more than one of the players in [Skelos] investigation” [Scott Waldman, Capital New York]
  • High overhead: “what they are doing is pricing people out of the ceiling fan market” [Michael Bastasch, Daily Caller, re: Rep. Marsha Blackburn criticism of energy regulations]
  • Didn’t know San Francisco had such a high rate of vacant rentals: “America’s Rent-Controlled Cities Are Its Least Affordable” [Scott Beyer] Craziness of city’s housing policy long predates today’s war against techie newcomers [Coyote]
  • “Chimpanzee almost gets habeas corpus — and in any event the Nonhuman Rights Project gets a court hearing” [Volokh, earlier on chimpanzees and rights]

Tweet-suing Chicago landlord sunk by class action

When Horizon, a large Chicago apartment building manager locked in a legal dispute with one of its tenants, chose to sue her over a disparaging tweet a few years back (more), one of the owning family’s members was quoted in the press as saying that “the suit was warranted and that Horizon is ‘a sue first, ask questions later kind of an organization,'” a comment for which the company subsequently apologized. You’ll never believe what happened next

December 2 roundup

  • “Lying to a Lover Could Become ‘Rape’ In New Jersey” [Elizabeth Nolan Brown/Reason, Scott Greenfield]
  • “A $21 Check Prompts Toyota Driver to Wonder Who Benefited from Class Action” [Jacob Gershman, WSJ Law Blog]
  • On “right of publicity” litigation over the image of the late General George Patton [Eugene Volokh]
  • HBO exec: “We have probably 160 lawyers” looking at film about Scientology [The Hollywood Reporter]
  • Revisiting the old and unlamented Cambridge, Mass. rent control system [Fred Meyer, earlier]
  • Lawyers! Wanna win big by appealing to the jurors’ “reptile” brain? Check this highly educational offering [Keenan Ball]
  • “Suit claims Google’s listings for unlicensed locksmiths harmed licensed business” [ABA Journal]

November 20 roundup

  • More Than You Wanted To Know: favorable review of new Omri Ben-Shahar and Carl Schneider book on failure of mandatory disclosure regimes [George Leef, Cato Regulation, PDF, related earlier here and here]
  • Colorful allegations: “Tampa lawyers can be questioned about DUI setup claims” [Tampa Bay Times]
  • Intimidation the new norm: FCC head blockaded at his D.C. home to pressure him into OKing net regulation scheme [Washington Post; related, Sen. Mary Landrieu because of her support for Keystone pipeline; earlier here, here, here, here (Boehner, Wal-Mart, etc.), here (businesspeople), here (SEIU and bankers), here (Boston teamsters), here (Google), etc.]
  • Speaking of net neutrality debate, Jack Shafer (“You can’t build a better Internet out of red tape”) and Richard Epstein;
  • “FAA’s Slow Pace Grounds U.S. Drone Makers” [Friends of Chamber]
  • OECD deal could smother tax shelter competition, which might be good for rulers, if not necessarily for the ruled [Alberto Mingardi]
  • “$100/month Upper East Side tenant loses suit to raze high-rise neighbor” and the best bit comes in the last sentence [NY Daily News]

September 12 roundup

  • ObamaCare, Common Core, EPA policy all raise specter of federal commandeering of state governments [Richard Epstein and Mario Loyola, The Atlantic] Vocally supporting Common Core, William Bennett provides new reasons to be queasy about it [Neal McCluskey, Cato]
  • Mom lets six-year-old play within sight of his own front door. Then Child Protective Services arrives [Haiku of the Day]
  • Study finds no evidence California cellphone ban reduced accidents [The Newspaper]
  • Or maybe if you’ve been in good health for 13 years it’s okay to let the grievance slide: pols, union leaders urge unimpaired WTC rescuers to enroll for possible future compensation [AP/WCBS]
  • “Thomson Reuters Thinks Not Responding To Their Email Means You’ve Freely Licensed All Your Content” [Mike Masnick, TechDirt]
  • New frontiers in urban expropriation: San Francisco imposes crushing new “relocation assistance” burden on rental owners [Pacific Legal Foundation]
  • A lesson in standing up for individual liberty, and not being discouraged by setbacks [my Cato Institute piece on Lillian Gobitis Klose’s flag-pledge case, Donald Boudreaux/Cafe Hayek]