Eight years later, this cost-generating and pernicious practice is still rife and, if anything, it appears to be on the increase. [read post]

Montes v. [read post]

., for instance, the Second Circuit sitting en banc refused to hold a landlord liable for its tenants' racial harassment of fellow tenants, partly because of concern that such responsibility would pressure landlords to exercise undue power over tenants: [Under the alternative proposed by Francis,] prospective and current renters would confront more restrictive leases rife with in terrorem clauses, intensified tenant screening procedures, and intrusions into their dealings with… [read post]