Getting started‎ > ‎

Emergency Housing

What is a landlord's duty when disaster strikes?

What do you need to know

 The basics
1.  No statutory authority that i am aware of.
2.  Maybe a contractual (lease) duty since LL has failed to provide safe and decent housing as a result of the "emergency".  HOWEVER this is contract law and so it is not clear that the "emergency" could be construed as terminating the landlord's duty.  That concept (there's a latin term for it) could be offset if there were evidence of landlord negligence in the emergency (eg. landlord failed to address known electrical problems which resulted in a fire-see this week's rhinoUP).
3.  Maybe a "work out" in the case of subsidized housing where the HAP could be maintained if the owner provides alternate housing.  Example of Walter Sellars fire where HUD continued to provide HAP payments and tenants continued to pay rent and Wallick provided alternative housing and then moved folks back into the rehabbed units.  (I think this may also have happened at Erie Square.)