1. PROPERTY D SLIDES 4-15-16 Tax Returns Due National Titanic Remembrance Day A Good Day All Around

2. Friday April 15: Music to Accompany Final Lecture Into the Woods (Original Cast Recording 1987) Music & Lyrics by Stephen Sondheim Posted on Course Page Sunday Info Memo #6 (Chapter 6) Comments/Best Answers to Most of 2015 Exam For Your Exam: Copy of Instructions and Copy of Attached Syllabus PRE-EXAM OFFICE HOURS NEXT WEEK Mon, Wed-Sun Posted on Course Page & On My Door

3. April 15, 1947 Different from All Other Nights

4. A First at First: A Brief Tribute to Jackie Robinson & Branch Rickey

5. Yet Another First… … in Brooklyn!!!

6. EVERGLADES & Tempest Q3: Does Aerial Violate 83.52? EGRET IN MANGROVE SWAMP

7. EVERGLADES & Tempest Q3: Does Aerial Violate 83.52? Subsections of 83.52 That Might Apply?

8. EVERGLADES & Tempest Q3: Does Aerial Violate 83.52? Subsections of 83.52 That Might Apply: Arguments – (5) Use and operate in a reasonable manner all electrical … appliances…. – (6) Not destroy, deface, damage, impair, or remove any part of the premises … – (7) Conduct himself or herself … in a manner that does not unreasonably disturb the tenant's neighbors or constitute a breach of the peace.

9. EVERGLADES & Tempest Q3: Does Aerial Violate 83.52? Probably Best Fit: – (5) Use and operate in a reasonable manner all electrical … appliances…. deface – (6) Not destroy, deface, damage, impair, or remove any part of the premises … – (7) Conduct himself or herself … in a manner that does not unreasonably disturb the tenant's neighbors or constitute a breach of the peace. (Good-Bye to Everglades)

10. SEQUOIA & Tempest Q4: Does Aerial Violation Justify Immediate Eviction? SEQUOIAS

11. Opportunity to Cure: 83.56(2)(a) v. (b) (a) No Cure : “destruction, damage, or misuse of the landlord's or other tenants' property by intentional act” (b) Can Cure: “having or permitting unauthorized pets, guests, or vehicles; parking in an unauthorized manner or permitting such parking; or failing to keep the premises clean and sanitary” Aerial (assume “Deface” under 83.52(6)) – Literal Arguments – Comparative Arguments – Policy Arguments

12. SEQUOIA & Tempest Q4: Does Aerial Violation Justify Immediate Eviction? Opportunity to Cure: 83.56(2)(a) v. (b) (a) No Cure : “destruction, damage, or misuse of the landlord's or other tenants' property by intentional act” (b) Can Cure: “having or permitting unauthorized pets, guests, or vehicles; parking in an unauthorized manner or permitting such parking; or failing to keep the premises clean and sanitary” Questions on Analysis Under 83.56(2)? – Literal Arguments – Comparative Arguments – Policy Arguments (Good-Bye to Sequoias)

13. ACADIA: Review Problem 6F Sunrise

14. ACADIA: Rev.Prob. 6F (SHORT PROBLEM) Policy Q: Extension of IWH & Remedies Beyond Minimal Habitability Assume we are in state where IWH and Key Remedies are entirely products of common law development (no statutes). Should state courts extend IWH & Remedies to … Substantial Problems with Amenities that are Not Needed for Minimum Habitability Standards (Pool, Dishwasher, etc.)?

15. ACADIA: Rev.Prob. 6F (SHORT PROBLEM) Policy Q: Extension of IWH & Remedies Beyond Minimal Habitability C rents 4-bedroom house for 3 years; lease says house includes dishwasher, dryer, pool. Within 2 months, dishwasher, dryer, pool all unusable. Manager refuses to fix b/c of “cash flow problem” C follows IWH procedures for notice to withhold rent & does so. Ldld follows proper procedures to evict for failure to pay. Should court allow C to have rent-withholding remedy for breach not connected with minimal habitability or limit him to ordinary K remedies? Arguments Each Way

16. ACADIA: Rev.Prob. 6F (SHORT PROBLEM) Policy Q: Extension of IWH & Remedies Beyond Minimal Habitability Useful Areas for Discussion (See Posted Models): Contract Policy Remedies Effective/Appropriate Housing/Habitability Policy Questions? (Good-Bye to Acadias)

17. BADLANDS: Review Problem 6G NORBECK PASS

18. BADLANDS: Rev.Prob. 6G (LAWYERING Q) Habitability Issues In Commercial Lease Client AA manages restaurant located in a large mall. 4 yrs into 15-yr lease. Space includes dining and bar area, kitchen, an office, and two storage rooms. Last 6 months, whenever it rains, the roof of the office leaks. Ldld’s s staff patched the leak a few months ago, but the patch isn’t holding, and the amount of water dripping from the ceiling increases with every storm. AA moved everything in the office (aside from some metal file cabinets) into one of the storage rooms. POSSIBLE SOURCES/THEORIES FOR AA REMEDIES OR LL DUTIES?

19. BADLANDS: Rev.Prob. 6G (LAWYERING Q) Habitability Issues In Commercial Lease POSSIBLE SOURCES/THEORIES FOR AA REMEDIES OR LL DUTIES Landlord Duties in Lease Commercial IWH (Some States) Local Building Codes Partial Constructive Eviction (Some States) Partial Actual Eviction For Each, Set of Follow-Up Qs That Vary with Doctrine

20. BADLANDS: Rev.Prob. 6G (LAWYERING Q) Habitability Issues In Commercial Lease E.g., Areas for investigation for COMMERCIAL IWH Substantive Rules: Who is responsible for what? What constitutes breach or violation? Building Code or other test? Substantive Rules: Who is responsible for what? What constitutes breach or violation? Building Code or other test? Remedies: What remedies are available? What are the requirements for each remedy? What remedies might AA prefer? Remedies: What remedies are available? What are the requirements for each remedy? What remedies might AA prefer? Notice: What notice must AA give to get remedies? Has she in fact given that notice? What precisely has LL done in response? Notice: What notice must AA give to get remedies? Has she in fact given that notice? What precisely has LL done in response? Waiver: Does the lease purport to limit LL's legal duties? Is such a waiver permitted in commercial leases? Waiver: Does the lease purport to limit LL's legal duties? Is such a waiver permitted in commercial leases? For All Theories, Need Investigation re Nature & Extent of Harm to AA/Restaurant

21. BADLANDS: Rev.Prob. 6G (LAWYERING Q) Habitability Issues In Commercial Lease Fact Investigation re Nature & Extent of Harm to AA/Restaurant Should Include These Substantive Areas (Plus Sources of Info): Cause, frequency, and extent of the leak; Cause, frequency, and extent of the leak; Damage already incurred to the room and items in it; Damage already incurred to the room and items in it; How much the leak limits use of the room; How much the leak limits use of the room; Interference with the business because of disruption, unavailability of storage space, smells, mold, insects, etc. Interference with the business because of disruption, unavailability of storage space, smells, mold, insects, etc. Qs (Good-Bye to Badlands)