University of Virginia Library

End Of Housing Woes?

percentage of dormitory capacity and a
saturation of the community housing market
for students.

He added that the rising demand produced
by the rise in the student population and lack
of proportional increase in University housing
has driven the rents up but not the overall
quality of the dwelling units.

"This excess of demand over supply in
rental units places the lessee in an unequal
bargaining position with prospective landlords"
Mr. Sabato said. "Rarely is there negotiation
over lease terms and housing regulations. The
landlord can say 'take it or leave it' knowing
that if this prospective tenant says no to
excessively harsh lease terms, another
prospective lessee will soon come by and take
the apartment without objection."

To alleviate these problems, Mr. Sabato
proposed the following legislative solutions

To alleviate these problems, Mr. Sabato
proposed that the proposed legislation include
the following:

–Transfer of legal base of leases from
common law of property to contract law.
Property law established only the right of the
tenant to inhabit the dwelling and his
consequent responsibility to pay the rent, Mr.
Sabato said, and can offer no real protection to
the modern urban tenant.

–Adoption of a statewide model lease law,
which would prohibit clauses by which the
tenant waives his legal rights and remedies;
prohibit security deposits in excess of one
month's rent; set a reasonable standard of safe,
healthful, and sanitary living conditions; permit
withholding of rent by the tenant for deposit in
escrow to make necessary repairs at the expense
of the landlord; and prohibit ralistory eviction
when the tenant lodges grievances against the
landlord (unless the tenant has been
delinquent).

–Establishment of grievance mechanisms,
including arbitration boards in each locality,
and housing courts, to be utilized when the
arbitration board is unsuccessful. This would
keep housing litigation out of other court
processes.

Mr. Sabato has sent his proposals to student
body presidents of other colleges in Virginia,
and to State Sen. J. Harry Michael
(D-Charlottesville), and Del. Thomas J. Michie
Jr.

Both legislators have responded favorably to
Mr. Sabato's proposal. Mr. Michael told Mr.
Sabato that his points "seem to me to be valid
ones" and that he hopes "the Study
Commission will deal affirmatively with them."

Because of "complexity of matters involving
both statutory law and various common law
principles, legislation is going to have to be very
carefully drawn. It is to avoid some adverse
effect from the proposed legislation that I will
devote a good deal of detailed consideration to
it," Mr. Michael said.

Mr. Michie said that as a member of the
Board of Directors of the Charlottesville
Housing Foundation, he has "long been aware
that the growth of the University has caused a
press on low income housing for students when
there is not a sufficient supply of it for other
people in the area."

He added that he would "certainly plan to
support" satisfactory legislation on
landlord-tenant relations.

Student Council has set an intensive study
of off-Grounds housing in Charlottesville and
Albemarle County as its top priority for fall
Council's efforts will include taking a survey of
all students living off-Grounds, initiating a
complaint service for both landlords and
student tenants, and compiling a list of
acceptable off-Grounds housing from the
survey. Fall housing seminars and distribution
of an updated booklet on landlord-tenant law
are also planned.

So it seems that Virginia's sadly-needed
landlord-tenant legislation may be soon
forthcoming. Of course, the Virginia Study
Housing Commission is looking for evidence
from both sides of the issue.

"I've got a feeling (that new laws are
needed), and partial support for the feeling,"
Mr. Diamonstein said last February, "but we've
got to have more evidence. We want to equalize
the concept so that both parties will stand on
an equal footing."

But if Mr. Diamonstein needs evidence, he,
can surely find it in Charlottesville. For,
although not all student apartment-dwellers
face problems with their landlords and leases,
Student Legal Services has handled an
overwhelming number of problem cases this
year, some requiring litigation, some not.

The proposed legislation, if passed, will
update an antiquated system, and will surely
make life easier for the student lessee.