The Implied Warranty of Habitability: Is Rent Escrow the Solution or the Obstacle to Tenant's Enforcement?

Authors

Jana Ault Phillips, Missouri State University
Carol J. Miller, Missouri State University

Abstract

The implied warranty of habitability, a legal doctrine aimed at ensuring residential tenants receive habitable living conditions, has evolved significantly over the past fifty years. However, its effectiveness is often undermined by procedural barriers, cultural biases in judicial interpretations, and systemic challenges faced by low-income tenants. The article argues that while the doctrine has expanded tenants' rights through landmark court decisions and legislative efforts like the Uniform Residential Landlord Tenant Act (URLTA), its social justice goals are frequently frustrated by inadequate enforcement mechanisms and structural inequities in the legal system. The article calls for reforms to address these shortcomings and improve access to justice for vulnerable tenants.

Disciplines

Housing Law | Law

Recommended Citation

Jana A. Phillips & Carol J. Miller, The Implied Warranty of Habitability: Is Rent Escrow the Solution or the Obstacle to Tenant's Enforcement?, 25 Cardozo J. Equal Rts. & Soc. Just. 1 (2018).
Available at: https://larc.cardozo.yu.edu/cardozoersj/vol25/iss1/3