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Chapter 49
Landlord-Tenant Law and Land Use Regulation
VI. Answers to Critical Legal Thinking Cases
49.1 Americans with Disabilities Act
Yes. Cinemark’s wheel-chair seating arrangement in its stadium-style theaters violates Standard 4.33.3
and Title III of the Americans with Disabilities Act (ADA). The regulation at issue appears plainly to
require that wheelchair patrons have something more than a merely unobstructed view in seating adjacent
to other patrons. The regulation requires more than “lines of sight” for wheelchair patrons, it requires
comparable lines of sight. The regulation thus is plain in its requirement that the wheelchair lines of sight
49.2 Implied Warranty of Habitability
warranty certainly entitled them to freedom from conditions threatening their life, health, and safety, and
their high rents justified increased expectations of a well-run, impeccably clean building with consistent
and reliable services. The reality fell far short of their expectations. As to the public areas, the landlord
VII. Answers to Ethics Cases
49.3 Ethics Case
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occupancy. Therefore, the tenants were constructively evicted. Bermuda Avenue Shopping Center
49.4 Ethics Case
Greater Middleton Association wins because a mutual equitable servitude was created. In general, mutual
equitable servitude is a method of imposing reasonable land use controls and private restrictions on the
property of a grantee provided that certain requirements are met. Mutual servitude comes into existence
and the grantee that the land conveyed is to be restricted pursuant to the general plan, (2) that the deeds
show that the parcel conveyed is subject to the restriction at issue in accordance with the plan for the
benefit of all the other parcels in the subdivision and such other parcels are subject to like restriction for
its benefit, and (3) that the dominant and servient tenements be adequately shown. In the present case, all