Friday, August 2, 2013
Eugene Volokh has this post at The Volokh Conspiracy discussing a case upholding tort liability for renting to a tenant with a past record who subsequently commits a crime on the premises:
If you don’t rent to him, where do you think poor people with such criminal convictions — dating back 7 years and more — should live?
(For an earlier post on this topic, though without the case as an illustration, see here. Note that of course a similar issue is raised by laws that bar people with histories of sex crimes from living within a certain distance of schools, parks, and similar places where children congregate; in many cities, that covers a huge part of the housing stock. But the tort liability risk I discuss here applies not just to people with sex crime records but to the much broader set of people with violent crime records more generally, and perhaps even drug crimes and other crimes that could be seen as predictors of future violence or of future negligence.)