To: Professor Ann Sinsheimer

From: Stacey Papa

Re: Independent Study/ Landlord Tenant Issues

As part of my independent study project and ongoing writing project, I have been researching landlord/tenant issues in the Pitt/Oakland community. The bulk of my research this past semester has consisted of identifying the needs of the community, potential resources within the law school, different models for service delivery, and the feasibility of developing an ongoing program to deal with landlord tenant issues at the law school.

Currently Pitt does not have any programs in place that specifically deal with landlord tenant issues. Though some basic information is available through the Housing Resource Center, this information is very basic, and many students, particularly at the graduate/professional level are not aware of the HRC. The HRC and the Graduate Students Council experimented with hiring a local attorney to be available for brief sessions with students, but overall, this has not made a significant impact on students’ issues.

Landlord/tenant issues at Pitt

In speaking with Bob Hopkins, the director of HRC, I found that there are a number of landlord/tenant issues common to students at Pitt, and there are differences in these trends with respect to undergraduates, grad/professional students, and international students.

Undergraduate students are more likely to sign leases without reading or understanding even the basic consequences of lease provisions. Often parents are involved in the process, often signing the lease on behalf of the students. Common landlord tenant issues with undergraduates include:

• Signing leases with roommates, groups of friends, or significant others, and attempting to shift responsibilities when relationships deteriorate.
• Subletting, maximum occupancy, and long term guests.
• Non-payment of rent or utilities.
• Security deposit issues.
• Substandard housing and code violations. (Prevalent in Oakland housing)
• Noise violations and damage to property.
• Early termination of leases.

Many of the issues common to undergraduates could be alleviated through education about the renting and lease process before they sign a lease. In many instances, parents, who themselves may be ignorant of many common lease issues, will make all of the decisions on behalf of the student, and then the student is ill equipped to deal with the day to day aspects of being a tenant. Undergrads may move out of the dorms and in with a large group of friends, only to find that one person is unable to meet their obligations, or no longer gets along with the others. An undergrad is more likely to sign a lease with provisions that are unreasonable or illegal, and since undergrads are more likely to live in Oakland, the housing is frequently overpriced, or in very poor condition.

Offering basic information to students before signing a lease, perhaps through the orientation process, or as part of programming within the dorms, would go a long way towards preventing many of these issues. Many of the issues that these students would bring to a clinic type setting would involve simple counseling rather than litigation. Many students are simply stuck in a less than ideal situation as a result of their own choices rather than through the fault of a landlord or roommate.

This group, (and international students), are the most likely to fall prey to slumlords, or be taken advantage of by a landlord who is familiar with the dynamics of the Oakland housing market. Once you move past the basic roommate and long term commitment issues, some of the most heinous abuses take place within this group. Landlords (particularly in Oakland) may charge exorbitant rents or security deposits, maintain substandard living conditions, overcharge for damages, overcrowd units, and threaten retaliation for any actions taken by the tenant.

Some local community groups are attempting to organize efforts within Oakland to fight against absentee landlords, and there may be potential for the law school to play a part in this organization. Though the student population is by definition, transient, adding to the problems, there seems to be a willingness among long term residents to organize and fight the decline of the Oakland community.

Graduate/professional students have generally had more experience with renting, but many are moving to the area for the first time, and may not be aware of many anomalies within the Pittsburgh housing market. Some common issues with this group are:

• Security deposit issues
• Noise/ private enjoyment issues
• Children and pets
• Prompt and adequate repairs

In general, this group is less likely to have the basic issues common to first time renters, but the issues that do arise tend to be more serious, requiring more elaborate action. This group may be more inclined to stay in Pittsburgh, and thus more willing to get involved in courses of action against a landlord that may take some time to resolve.

International students come to Pitt with a unique set of issues, and have been subject to some of the most blatant abuses by landlords. Some of the most common issues include:

• Overcharged rents or security deposits (many cases, deposits well in excess of the legal limit)
• Substandard conditions and abuse of occupancy limits
• Illegal lease provisions
• Illegal evictions

Many of these students may have language barriers, may be unfamiliar with even the basic concepts of leasing, and may have family visiting or staying with them. They are less likely to have family or friends who can assist them with these issues, and may be unfamiliar with resources on campus.

Overall, there is a significant need for legal assistance and counseling for the Pitt/Oakland community. This could take many forms, from developing educational materials, information sessions during high turnover times, clinics or walk-in services, referrals, and general information about resources.

Opportunities and Resources within the Law School

Though there is a definite need for help with housing issues, at the moment, Pitt Law does not have the resources in place to develop any type of an ongoing program to address landlord/tenant issues. Before considering even the most simple of models of service delivery, the following issues would need to be addressed:

• Lack of curriculum- neither Pitt nor Duquesne law offer a landlord/tenant law class. Real property and some real estate classes may touch on some basic concepts, but do not provide the kind of preparation needed to handle these issues. As of this writing, no current textbooks exist dealing specifically with PA landlord/tenant law. The most recent was in 1988, and may be out of print.
• Lack of student interest- Though almost every student I’ve talked to has had some horror story with a landlord, or some complaint, very few students have been interested in working on these issues. Finding a significant student interest to get a program off the ground would be difficult.
• Lack of ongoing career opportunities- There are little opportunities for career development in landlord tenant law. The area is not profitable, and it is often more expensive to seek the services of a lawyer than to write off an issue altogether. There is significant resistance from the private bar to independent lawyers developing a practice in this area, as many firms see it as ripe with pro bono opportunities, yet very little assistance is actually offered. Unless a student is preparing for a career in public interest law, or perhaps more remotely, real estate, working on these issues does not build the type of experience that employers seek, particularly with third year students. Unless a full clinic could be offered, a project would be more likely to attract first and second year students, who would not have the experience and education needed, or offer the continuity a program would need.
• Lack of appropriate supervision/mentoring- Though it would be feasible to identify supervising attorneys, very few attorneys have significant experience in landlord tenant issues, and those who do are least likely to be able to devote significant time working with a project, as this is not a high profit field.
• Instability and unpredictability within the housing court system- The current housing court in the City of Pittsburgh is undergoing significant change. The housing court is being dismantled and housing issues will be delegated to district justices. Combined with the magistrate system that is the entry point for most housing issues in the county, the legal process for housing issues is wildly unpredictable. Though many of the statutes dealing with landlord tenant issues are clear, many magistrates do not follow them, or loosely interpret them, and a student may find himself before a court that is decidedly landlord-friendly.

Future Possibilites

This is not to say that developing some kind of program at Pitt would be impossible, but considering the current attitudes towards clinics at the law school, the kind of structure and resources that would be needed to attract students are not currently available.

Speaking from my own experience this semester, the barriers that a single student, or a small group of students would experience make it difficult to produce any kind of lasting effect. Working in this particular area can be frustrating, as it deals with a body of law that is very specific to counties and municipalities, changes frequently, has little to no case law, and is unstable at best. Though I have already received many referrals, I am often ill equipped to handle even the most basic of inquiries, because for all the research, even once I find the answer to a simple landlord/tenant question, there is little guarantee that the system will support any kind of action, or will end in a predictable way. Research is particularly difficult, with so much handled at a local level, as it may take hours to find the answer to a simple question.

What I do find possible, as a starting point for future efforts should the situation change, would be to spend the remainder of the semester doing research into the substantive law, and developing educational materials and resources that could be updated and used as a guideline for future projects. Since there are many community groups in place that may serve as an entry point for people dealing with landlord tenant issues, developing resources and training materials that could be used and distributed by the various groups, and modified as needed by each group.

Proposal

My plan would be to develop educational materials, written on a level suitable for the general public, that deal with the various aspects of landlord/tenant law. These materials would include the following:

• Pamphlets/brochures dealing with different issues, such as lease provisions, eviction, self-help, security deposits, renter responsibilities, code violations, the magistrate system, and subletting.
• Each set of materials would include appropriate resources for more information and help specific to that issues, including local agencies, detailed processes, contact information, and source materials.
• Training materials and resource books that could be used by various agencies to handle and appropriately counsel/refer clients dealing with these issues.
• Articles that could be used in community newsletters, newspapers, or websites to educate readers about basic issues.

To develop these materials will require a significant amount of research, with a focus on procedures and laws within Allegheny County, including:

• Identifying and citing applicable statutes and ordinances
• Identifying and meeting with local agencies to define roles and procedures
• Attending some sessions of housing court, and meeting with court personnel to identify common issues and resolutions
• Visiting other campuses with clinics to identify common issues, and compare methods of service delivery
• Developing and distributing materials that could be easily adapted/updated by various groups
• Identifying and analyzing future growth opportunities at the law school

Overall, though I don’t think that forming an ongoing program will be within the scope of my work on this project, I see an opportunity to develop some valuable resources that would start to fill the gap until a more elaborate program could be developed. These resources could certainly be developed within the semester.