Sessions Information

  • May 7, 2019
    9:00 am - 10:15 am
    Session Type: Works-in-Progress
    Session Capacity: N/A
    Hotel: N/A
    Room: Union Square 15&16
    Floor: Fourth Floor

     

    The Limits of Good Law: A Study of Housing Court Outcomes

    Nicole Summers, Harvard

     

    The enactment of the warranty of habitability in the early 1970s was hailed as a revolution in tenants’ rights. Reversing centuries of legal precedent, the doctrine established that a tenant’s obligation to pay rent is contingent upon the landlord’s obligation to maintain the premises in good repair. This article presents the results of the first rigorous empirical study on the effectiveness of the warranty of habitability. Based on statistical analysis of over 1,200 eviction case files and unit-level data matching of these files to Housing Code enforcement records, the study finds that the overwhelming majority of tenants with meritorious warranty of habitability claims do not benefit from the law at all.

     

    The article makes two significant contributions to the literature on the warranty of habitability. First, it establishes definitively that an operationalization gap exists in the law. While prior studies have observed that the warranty appears to be less effective than originally envisioned, no study has been able to rigorously assess the use of the warranty of habitability in cases where it should be used: those in which the tenant has a meritorious claim. This study does so. Second, the article upends the leading theories for why the warranty of habitability is ineffective. These theories posit that tenants are unable to benefit from the warranty of habitability because they lack access to legal representation and/or because strict requirements exist for assertion of the claim. The findings of this study show that neither theory withstands empirical scrutiny.


     

Session Speakers
Harvard Law School
Works-in-Progress Presenter

Session Fees

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