Tenant Protection Research Articles

The issue of claims for compensation under Article 18(1) of the Act of 21 June 2001 on the Protection of Tenants’ Rights, Commune Housing Resources and Amendments to the Civil Code

The paper briefly outlines some selected issues regarding claims for compensation against a person occupying residential premises without a legal title under Article 18(1) of the Act of 21 June 2001 on the Protection of Tenants’ Rights, Commune Housing Resources and Amendments to the Civil Code. The nature of the compensation and the obligation to pay the same, the nature of liability for damage on the part of the person occupying residential premises without a legal title as well the right of action to pursue claims under Article 18(1) of the above-mentioned Act have been discussed.

Preventing Evictions After Disasters: The Role of Landlord-Tenant Law

ABSTRACT Disaster recovery is not a time of exception, it is a time when existing social, economic, and racial inequalities are reproduced and exacerbated. Housing institutions can amplify inequality during disaster recovery. We use quantitative methods to ask whether evictions increase during disaster recovery periods in four states. We stratify our case selection by the type of statutory protections for landlords and tenants in state law. In three cases that have pro-business or a mixture of pro-business and tenant protections, we find strong, significant increases in eviction rates in disaster-affected neighborhoods relative to neighborhoods in adjacent areas with no disaster declaration. By contrast, in the case that has primarily tenant protections, there is no statistically significant rise in evictions following the disaster. We conclude that tenant protections are not sufficient to prevent swift increases in evictions following disasters in states with a policy environment that is also characterized by landlord protections. We close with policy recommendations to prevent evictions after disasters, and suggestions for further research.

Social Policy or Crowding-Out? Tenant Protection in Comparative Long-Run Perspective

In the shadow of homeownership and public housing, social policy through the regulation of private rental markets is a neglected and underestimated eld of social policy. This paper, therefore, presents unique new data on the development of private tenancy legislation through the binary coding of rent control, the protection of tenants from eviction, and rental housing rationing laws across more than 25 countries and 100 years. This long-run perspective reveals the dynamic eects of rent control on the rise of homeownership as the dominant tenure during the 20th century. We nd that both rent regulation and rationing legislation eectively increased homeownership, but only up to a certain threshold. We suggest that the short-term lure of an inexpensive social policy for tenants has led to the long-term marginalization of rental markets in many countries

Housing rent dynamics and rent regulation in St. Petersburg (1880–1917)

This article studies housing rents in St. Petersburg from 1880 to 1917, covering an eventful period of Russian and world history. Digitizing over 5000 rental advertisements, we construct a state-of-the-art index – the first pre-war and pre-Soviet market data index for any Russian city. In 1915, a rent control and tenant protection policy was introduced in response to soaring prices following the outbreak of WWI. We document official compliance, rising tenure duration, and strongly increased affordability for workers. While the immediate prelude to the October Revolution was indeed characterized by economic turmoil, rent affordability did not dominate.

Social policy or crowding-out? Tenant protection in comparative long-run perspective

Private rental markets have become increasingly important since the Global Financial Crisis 2008–2009 and rent controls are back on the political agenda. Yet, they have received less attention from housing scholars than homeownership and public housing. This paper presents new data on the development of private tenancy legislation based on a content-coding of rent control, protection of tenants from eviction, and rental housing rationing laws across more than 15 countries and 100 years. This long-run perspective allows for inquiring about the dynamic effects of rent control on the rise of homeownership as the dominant tenure during the twentieth century. We find that both rent regulation and rationing measures were followed by increases of homeownership and decreases of private rentals. We suggest that homeownership was not just produced by generous subsidies or the homeownership dream, but also through the push-effect of regulation crowding out rental units.

How do upzonings impact neighborhood demographic change? Examining the link between land use policy and gentrification in New York City

As cities across the country face mounting pressures to address the housing affordability crisis, planners and policymakers have increasingly eyed upzonings as an instrument to alleviate rising housing costs. Yet, upzonings have emerged as a site of deep conflict, driving a wedge between groups advocating for supply-side solutions and those calling for added tenant protections and affordable housing preservation. Upzoning advocates–many affiliated with the yes-in-my-backyard (YIMBY) movement–have argued that in allowing for denser development, upzonings will help to lift artificial restrictions on supply and lower housing prices in the long run. Opponents, often representing tenant interests, have countered that upzonings will accelerate gentrification and displacement pressures. Despite these cleavages about the effects of upzonings on gentrification and displacement, minimal empirical research to date has examined the link between upzonings and neighborhood demographic change. To help fill this gap in the literature, this paper examines how upzoning activity is associated with subsequent change in the non-Hispanic white population in New York City between 2000 and 2010. Using New York as a case study, this paper finds that upzoning activity is positively and significantly associated with the odds of a census tract becoming whiter, suggesting that neighborhood upzonings might accelerate, rather than temper, gentrification pressures in the short term.

Youth Experiencing Homelessness During the COVID-19 Pandemic: Unique Needs and Practical Strategies From International Perspectives

Youth Experiencing Homelessness During the COVID-19 Pandemic: Unique Needs and Practical Strategies From International Perspectives

Tenant Protections in the COVID-19 Pandemic

When the coronavirus pandemic struck, governments at all levels moved to help tenants in unprecedented ways. Though the policies were far from perfect, they were major steps forward. This Article examines those reforms. The eviction crisis predates 2020, but the pandemic made it worse. In response, the federal government took unprecedented actions to protect tenants, a long-overlooked group. States too adopted sweeping moratoriums that stopped most or all evictions from occurring—for a time—along with a number of other pro-tenant policies. States also took concerted action to ensure people did not have utilities cut off, rendering their homes unlivable. The Article gives policymakers lessons learned from the pandemic about how to craft better policies to prioritize the wellbeing of tenants in times of emergency.

The Process Due When Rent is Due: Residential Nonpayment Evictions in New York after COVID-19

At this critical juncture, to prevent homelessness and the unnecessary displacement of families, it is imperative to review New York nonpayment eviction law, with a focus on the procedural protections available to tenants. Additionally, New York’s Housing Stability and Tenant Protection Act (HSTPA) of 2019 dramatically changed the eviction process only months before the COVID-19 pandemic hit. And laws enacted during the pandemic, such as the Tenant Safe Harbor Act, will continue to affect housing practice going forward. Thus, for the benefit of judges and advocates alike, it is important to highlight the unsettled issues that must still be litigated. This article considers the New York nonpayment eviction process chronologically. It first addresses the pre-commencement notices to which tenants are entitled. Then it discusses the court eviction proceeding and warrant process, with an emphasis on tenant protections that are built into the law.

The Rental Crisis Will Not Be Televised: The Case for Protecting Tenants Under Consumer Protection Regimes

The Foreclosure Crisis of the 2000s has likely hurt renters more than homeowners. Incongruously, however, consumer enforcement agencies have been far more zealous in protecting mortgagors than tenants. This Article explores the under-protection of tenants as a class of consumers, particularly in a “commoditized” rental market, and examines how consumer enforcement agencies can more zealously incorporate tenant-protection into their mandates. Much of the prior literature on the legal protections afforded tenants was published in the wake of the consumer rights revolution of the 1970s. This Article is the first to carefully reexamine, in the context of the modern rental market, whether tenants should be protected as consumers and whether tenants have truly reaped the benefits of consumer gains over the last half-century. The Article analyzes original interviews with state consumer protection agencies, engages in the first broad survey of state and federal tenant protection enforcement actions, and provides a new review of the caselaw addressing whether tenants are covered by consumer protection regimes. Concluding that achieving systemic change through broad-scale policing of the rental industry is both vital and often overlooked, the Article proposes specific reforms that consumer protection agencies can adopt to better protect tenants.

Property Law for the Ages

Within the next 40 years, the number of Americans over age 65 is projected to nearly double. This seismic demographic shift will necessitate a reckoning in a number of areas of law and policy, but property law is especially unprepared. Built primarily for young and middle-aged white men, the common law of property has been critiqued for decades for the ways in which it oppresses or simply leaves behind people based on their race, sex, Native heritage, and more. This Article contributes a new focus on property law’s treatment of people based on their advanced age. Burdened by higher relocation costs, more inelastic incomes, and shorter time horizons than those faced by younger people, elderly people encounter a doctrine that often fails to protect their interests. This Article explores five areas of property law and evaluates how each fits—or, more frequently, fails to fit—the characteristics of many older subjects. From the law of takings to the law of waste, and from tenant protections to homeowners associations, not only is the law a poor fit, but the consequences for the health, safety, finances, and well-being of elderly people are often dramatic. At the same time, one of the rare significant efforts made thus far to protect older people from some of these consequences—the Fair Housing Act’s protection for age-restricted communities—has generated new inequities of its own that raise important questions about competing civil rights priorities. Accordingly mindful of the dangers of over-correction, this Article offers institutional reforms in each area aimed to better protect the interests of older people without unduly infringing upon those of others.

Protection of tenants of Warsaw real properties in the light of amendment of the Actof 17 September 2020 on amending the Act about specific rules for removing legal effects of reprivatisation decisions concerning the Warsaw real properties, issued in violation of law, the Act on Commercialisation and Some Powers of Employees, as well as the Property Management Act (Journal of

On 17 September 2020, there was adopted the amendment to the Act of 9 March 2017 about specific rules for removing legal effects of reprivatisation decisions concerning the Warsaw real properties issued in violation of law3, and the Property Management Act that entered into force as of 20 October 2020. It has fundamentally changed a complicated legal situation of tenants of the Warsaw real properties4 –in many aspects, mainly at two levels. Firstly, it gives greater indemnification guarantee with regard to damage and injuries resulting from the reprivatisation of Warsaw real properties repugnant to the law through the introduction of statutory universal succession of the Treasury in lieu of the capital city of Warsaw as an addressee of liability for damages. Secondly, it significantly extends the catalogue of prerequisites for a refusal to grant decree applications, e.g. through preclusion of reprivatisation of real property, if it is inhabited by a tenant within the meaning of Article 2 section 1 item 1 of the Act of 21 June 2001 on the protection of tenants’ rights, municipal housing reserves and on the amendment to the Civil Code5. Moreover, the Act introduces a series of significant changes organising previous provisions of the Commission Act in order to increase its effectiveness, maximise the assurance of protection of rights of real property residents, and minimise reprivatisation-related ailments.

Perlindungan Hukum Penyewa terhadap Objek Hak Tanggungan yang Dibebani Hak Sewa

As a business entity collecting money from the public and channeling it back to the public, the bank principle stipulates that collateral is required to provide credit to customers. The legal problem related to the bank studied in this study is that the object leased by the debtor to a third party is not with the knowledge of the creditor, whose final object is the executable mortgage. This study examines the legal protection for tenants related to executed mortgage objects and what the procedures for implementing the leased mortgage object are. This research was conducted using a normative legal research design with a legislation study approach. The legislative approach is realized by examining the problems (legal problems) that are being faced. The research results reveal that the legal protection for tenants related to the leased mortgage object can be seen from the regulation of Article 1576 BW, which stipulates that tenants can retain their rights on the grounds that the seller is not permitted to cancel the lease, but shall only defend their rights and the lessee with compensation for the end of the lease relationship. Legal protection demands that the lessee in relation to the lease appears because the lessee has neglected its performance as referred to in Article 1550 BW. The procedure for executing an object of mortgage bearing lease rights begins with filing an application and ends with execution. Requests for execution are made by submitting an application directly to the Head of the District Court by attaching a photocopy of court decisions (District Court decisions and / or Supreme Court decisions) which have permanent legal force. The party having the right to request execution is the party declared superior in the content of the court decision, either personally or through the lawyer, accompanied by a special power of attorney.

Malware classification for the cloud via semi-supervised transfer learning

Malware threats and privacy protection are two of the biggest challenges in the cloud computing environment. Many studies have focused on the accuracy of malware detection, but they did not sufficiently take into account the privacy protection of cloud tenants. This paper proposes a novel malware detection model, based on semi-supervised transfer learning (SSTL) for the cloud, that consists of detection, prediction, and transfer components. To protect the privacy of tenants in the public cloud, a byte classifier based on a recurrent neural network (RNN) for its detection component is designed to detect malware. However, because it is limited by the scarcity of training samples, the accuracy of the byte classifier is only 94.72% after supervised learning. An asm classifier is proposed for the prediction component, and it achieves 99.69% accuracy. The transfer component invokes the prediction component to classify an unlabeled dataset, and it combines the predicted labels and byte features of the unlabeled dataset into a new training dataset. Through the advantages of semi-supervised learning, the new dataset is transferred to the byte classifier for training again. The test results on the Kaggle malware datasets show that semi-supervised transfer learning improved the accuracy of the detection component from 94.72% to 96.9%. The improved malware detection method can not only do a better job of resolving the privacy concerns of tenants in the public cloud than other similar methods, but it can also detect malware more accurately.

Self-builder landlordism: exploring the supply and production of private rental housing in Dar es Salaam and Mwanza

Private rental markets accommodate a significant share of Africa’s rapidly growing urban populations. The vast majority of tenants are accommodated in rental housing supplied by private landlords. Few studies offer insights on the dynamics and logics shaping the supply and production of private rental housing in the context of African cities. This paper contributes to fill this remarkable knowledge gap with a study of the supply and production of private rental housing by self-builder households in Dar es Salaam and Mwanza, two of the largest and fastest growing cities in Tanzania. This paper examines the motivations and aspirations of self-builder landlords, the type and quality of rental housing they supply and the logics shaping their investments in housing quality and tenants’ access to services. The paper argues that housing policies should acknowledge the significance of private rental housing in accommodating growing urban populations and the contribution of small landlords, such as the self-builders in Dar es Salaam and Mwanza, in the supply and production of private rental housing. Furthermore, any policies seeking to increase the availability and quality of affordable rental housing should be informed by in-depth understanding of the perspectives of such landlords. While concerns regarding lack of protection of tenants’ rights and sub-standard accommodation are often justified, great care is needed, as policies promoting tenants’ rights or enforcing minimum standards could undermine the supply of new rental housing or make rents wholly unaffordable for the poorest tenants.

Tenant Rights, Eviction, and Rent Affordability

We use state-level differences in the legal relationship between landlords and tenants to estimate the impact of these differences on housing markets. We construct a search-theoretic model of landlord and tenant search and matching, which predicts that an increase in the cost of eviction reduces the number of evictions, but raises rents and homeless rates, and lowers housing supply and vacancy rates. To test these predictions, we construct an annual index to measure the level of the legal protection of tenant rights in each state. Our instrumental variable results indicate while a one-unit increase in the Tenant-Right Index reduces eviction rate by 8.9 percent, rental housing is 6.1 percent more expensive in areas where tenants have more protections against landlords. A higher Tenant-Right Index is also associated with a decrease in housing supply and an increase in the homeless rate. Taken together, our findings highlight a significant trade-off between tenant protections and rent affordability. Thus the welfare effects of tenant rights depend on the presumably large benefits for those who avoid eviction versus a loss of consumer surplus for other housing consumers.

ACTIVE SHIELDING OF EXTERNAL MAGNETIC FIELD OF BUILT-IN TRANSFORMER SUBSTATIONS

This paper deals with the mitigation of low-frequency magnetic field of build-in transformer substations down to the reference level 0.5 μT in nearby living spaces. To meet the reference level, we substantiate the actuality of the usage of active shielding methods having higher efficiency, comparably to metal consuming passive shielding. We show that the optimization of parameters and localization of compensation coils is the main goal of the synthesis of the active shielding system. The solution of synthesis problem is based on the developed 3D numerical model by using particles multiswarm optimization algorithms from Pareto-optimal solutions set taking into account binary preference relations. This allows justifying the usage of simple active shielding system for magnetic field mitigation down to the reference level in living spaces, located near build-in transformer substations (2×400 kVA, 6/0.4 kV). The synthesized active shielding system has two plane compensation coils installed near the ceiling (wall) of the substation room. The area of each coil is less than 10 m2 and the number of ampere-turns is less than 30. We show that the efficiency of the active shielding system is 6 when it electric power consumption is less than 100 W. This allows mitigating the magnetic field down to 0.5 μT in 40 m2 living space located on top or side from the substation. The application of synthesized active shielding system (subject to the positive results of experimental studies of their full-scale physical models) allows solving the actual and socially significant problem of the health protection of tenants of residential buildings with build-in transformer substations from the negative effects of power frequency magnetic field.

Active Shielding of External Magnetic Field of Built-In Transformer Substations

This paper deals with the mitigation of low-frequency magnetic field of build-in transformer substations down to the reference level 0.5 μT in nearby living spaces. To meet the reference level, we substantiate the actuality of the usage of active shielding methods having higher efficiency, comparably to metal consuming passive shielding. We show that the optimization of parameters and localization of compensation coils is the main goal of the synthesis of the active shielding system. The solution of synthesis problem is based on the developed 3D numerical model by using particles multiswarm optimization algorithms from Pareto-optimal solutions set taking into account binary preference relations. This allows justifying the usage of simple active shielding system for magnetic field mitigation down to the reference level in living spaces, located near build-in transformer substations (2×400 kVA, 6/0.4 kV). The synthesized active shielding system has two plane compensation coils installed near the ceiling (wall) of the substation room. The area of each coil is less than 10 m2 and the number of ampere-turns is less than 30. We show that the efficiency of the active shielding system is 6 when it electric power consumption is less than 100 W. This allows mitigating the magnetic field down to 0.5 μT in 40 m2 living space located on top or side from the substation. The application of synthesized active shielding system (subject to the positive results of experimental studies of their full-scale physical models) allows solving the actual and socially significant problem of the health protection of tenants of residential buildings with build-in transformer substations from the negative effects of power frequency magnetic field.

Vulnerability and opportunity: making sense of the rise in single-family rentals in US neighbourhoods

The growth of single-family rentals (SFRs) in the wake of the US foreclosure crisis has recently begun attracting overdue scholarly attention. The transformation of millions of single-family homes from owner- to renter- occupied over the past decade raises numerous important questions about the vulnerabilities and opportunities created by this historic tenure shift for both households and neighbourhoods. This research reports on the demographics and housing conditions of single-family renters and the characteristics and trajectories of high SFR growth neighbourhoods over the recent housing market cycle. We show that SFRs are distinguished by their high prevalence of children, particularly those living in poverty, and conspicuous lack of tenant protections. Further, SFR growth is most intense in racially diverse yet economically segregated neighbourhoods. Overall, these findings suggest the need for urgent policy responses to reduce vulnerabilities.

The Effects of Rent Control in Latin America: A Century of Regulations in Argentina

Following World War I, rent control became a standard policy response to the housing shortage and the resulting rent increases. Typically, economists blame it for creating inefficiencies in the housing market and beyond. We investigate whether rental market regulations (including rent control, protection of tenants from eviction, and housing rationing) had any effects in a middle-income Latin American economy, such as Argentina. To answer this question, we take advantage of a wide range of housing market indicators and restrictive rental regulation indices covering almost one century. Using a standard OLS model and MARS, a non-linear estimation technique, we find that rental market regulations have exerted a statistically significant negative impact on the growth rates of the real housing rents. However, they were only effective for short periods following both World Wars, when regulations were novel and particularly strong.