Lab: Uniform Owner-Resident Relations Act

Calizona, where your client lives, has adopted the Uniform Owner-Resident
Relations Act in the same form as New Mexico. This is the law that governs your client’s
legal problem, and therefore you will need to understand how it operates.

One way to understand a statute is to outline it; statutes are often difficult to read,
and it can be hard to see the specific provisions and details as they are written. You may
use any method for understanding the statute that works for you – an outline or some kind
of chart would probably work best. No matter what you chose, you should do more than
highlight the text of the statute. You might find it useful to break the statute down
according to either of these templates. You do not have to use both (or either of them).
Note you may not find something in the statute for each item in these templates – this is of
itself useful information about what the statute does and doesn’t do.

UORRA Outline

I. Rights or entitlements
a. Landlord
i. Is entitled to/may . . .
ii. Conditions . . .
iii. Exceptions . . .
b. Tenant
i. Is entitled to/may . . .
ii. Conditions . . .
iii. Exceptions . . .
II. Obligations or requirements or duties
a. Landlord
i. Is required to . . .
ii. Conditions . . .
iii. Exceptions . . .
b. Tenant
i. Is required to . . .
ii. Conditions . . .
iii. Exceptions . . .
III. Prohibitions or restrictions
a. Landlord
i. May/must not . . .
ii. Conditions . . .
iii. Exceptions . . .
b. Tenant
i. May/must not . . .
ii. Conditions . . .
iii. Exceptions . . .
IV. Remedies or relief
a. If tenant violates UORRA,
 i. Landlord can . . .
ii. Conditions or procedures . . .
iii. Exceptions . . .
b. If landlord violates UORRA,
i. Tenant can . . .
ii. Conditions or procedures . . .

UORRA Chart

Landlord Tenant
Rights LL has the right to . . . T has the right to . . .
If . . . If . . .
Except when . . . Except when . . .

Duties LL must . . . T must . . .

If . . . If . . .
Except when . . . Except when . . .

Prohibitions LL must not . . . T must not . . .

If . . . If . . .
Except when . . . Except when . . .

Remedies LL can seek this relief . . . T can seek this relief . . .

If . . . If . . .
By doing this . . . By doing this . . .

DISCUSSION EXERCISES

Another way to understand how a statutory scheme works is to analyze what would
happen in different circumstances. Be prepared to discuss your analysis of the following
short fact patterns.

1. Lisa Yazzie owns a small apartment building with four tenants. A recent
windstorm damaged one of the trees in front of the building, and it fell on and seriously
damaged the portico leading to the front entrance. The building itself is structurally sound,
but the portico is in danger of collapsing, and the front door frame is slightly twisted so that
the door cannot be opened. Tenants are using the basement door of the building, which is
down a flight of stairs from the ground floor. There is no ramp or elevator to the basement,
which is not typically open to tenants. The basement door opens to the back of the building,
near the dumpsters, and it is not as well-lit as the front entrance. It has now been 10 days
since storm, and Lisa has neither removed the damaged tree nor repaired the front door.
Being a small landlord, she’s dependent of insurance to pay for this work, and her
insurance company has not yet processed her claim. What are Lisa’s rights, duties, and
remedies, if any, in this situation? What are the tenants’ rights, duties, and remedies, if
any, in this situation?

2. Susan Lovato and her husband Phil are tenants at the Versailles
Apartments. They are long-term residents there, having moved in nearly 30 years ago as
young newlyweds when the building was new. They love the building, and it is very
convenient to Susan’s job. The building is starting to show its age – especially the heating
and cooling system, which was state-of-the-art when installed but is now inadequate. The
landlord has maintained the HVAC system according to the manufacturer’s specifications,
and technicians have made frequent visits to the property to repair the system when it has
stopped working. More than once over the past year, the HVAC system has stopped
working during heat waves or cold spells, when there is higher demand on the system. At
the moment, with temperatures over 100º almost every day, the air conditioning is only
working intermittently, and repairs have been unsuccessful. The system needs to be
replaced in its entirety, but this will be very expensive and disruptive. What are Phil and
Susan’s rights, duties, and remedies, if any, in this situation? What are the owner’s rights,
duties, and remedies, if any, in this situation?

3. Yusuf Pierce is a tenant at the Oleander Villas. He has lived there for almost
two years, and his lease will be up for renewal soon. He and the owner-landlord have had a
contentious relationship: Yusuf has been late with the rent twice, and once bounced a check
for the rent. The landlord has added late fees and bounced-check fees to Yusuf’s account, in
accordance with the lease. Yusuf has protested these fees, but eventually paid them. For
several weeks last November and December, there was almost no hot water. The first
tenant to wake up and have a shower could have a hot shower, but after that, other tenants
would only have cold water. Tenants complained to the owner, who did not respond.
Eventually the boiler was replaced, but several weeks of cold showers in the winter were a
hardship for many tenants. Yusuf tried to organize a tenants’ union, and there was
interest at first, but when the boiler was replaced and hot water was restored, most tenants
lost interest. Since then, the landlord has often parked a truck behind Yusuf’s parking
space, which means he has to find the landlord to have the truck moved before he can leave
for work. This has made Yusuf late or nearly late for work several times. And since the
spring, the landscaping crew has always begun mowing the lawn or using the leaf blower
right outside Yusuf’s unit, often at 6:00 a.m. The landlord has not responded to Yusuf’s
emails about setting a time to sign a new lease. What are Yusuf’s rights, duties, and
remedies, if any, in this situation? What are the owner’s rights, duties, and remedies, if
any, in this situation?