Recent Real Property Decisions

This report includes significant decisions in the outlined phases of real property law.No significant decisions were found by committee members in other phases.New law continues to develop in the active landlord and tenant field.Kansas and California cases recognized an implied warranty of habitability, adding these states to the growing list of jurisdictions enunciating this doctrine.A Maryland case, County Council for Montgomery County v.Investors Funding Corporation,' found certain portions of a county landlord/ tenant ordinance invalid including requirement of duplicate leases because state law permits oral leases, monetary penalties because of lack of due process, and covenants against retaliatory evictions because it violated express state law on the subject.In condominium law, a New Jersey case, Centex Homes Corp v. Boag, 2 held the developer not entitled to specific performance of a contract to sell a condominium unit since damages could be readily ascertained.Two cases on age discrimination, one involving a covenant, the other zoning, reflect that the real property field will not be exempt from litigation on this species of discrimination.In Riley v. Stoves, 3 the Arizona Court of Appeals upheld a private covenant on a mobile home subdivision restricting occupancy to persons 21 years or older, stating there was no denial of equal protection since the classification fulfilled a legitimate need for older buyers.In Shepard v. Woodland Twp.Comm., 4 a New Jersey trial court held an amendment to a zoning ordinance relating to senior citizens communities limiting residency to persons 52 years of age or older unconstitutional since the age requirement bore no realistic relationship to a recognized objective of zoning legislation.Fuentes v. Shevin 8 continues to foster revolutionary changes in real *Report of Committee on Significant Decisions, Real Property Division.