Law and Economics Colloquium
Presents:
David Hoffman
University of Pennsylvania
Leases as Forms
Tuesday October 19, 2021
4:10pm – 5:45pm
ZOOM Meeting
https://zoom.us/j/99730854871
Abstract: We offer the first large scale descriptive study of residential leases, based on a dataset of ∼170,000 residential leases filed in support of over ∼200,000 Philadelphia eviction proceed[1]ings from 2005 through 2019. These leases are highly likely to contain unenforceable terms, and their pro-landlord tilt has increased sharply over time. Matching leases with individual tenant characteristics, we show that unenforceable terms are likely to be associated with more expensive leaseholds in richer, whiter parts of the city, with mixed effects for individuals within those places. This result is linked to landlords’ growing adoption of shared forms, originally created by non-profit landlord associations, and more recently available online for a nominal fee. Generally, such shared form leases contain worse rules for tenants than the proprietary leases they replace. Over time, it has become easier and cheaper for landlords to adopt such common forms, meaning that access to justice for landlords strips tenants of rights.
David Hoffman is a Professor of Law and Deputy Dean at Penn Law. Professor Hoffman is a widely-cited scholar who focuses his research and teaching on contract law. His work is typically interdisciplinary, built through collaboration with co-authors from a variety of fields. One recent set of papers examined the technical and legal aspects of transactions occurring on and through blockchains. Other work, using qualitative and experimental methods, focuses on how individuals experience contracting online, and what extra-legal goals firms might seek to accomplish using the “terms and conditions.” He has also engaged in the national conversation sparked by the #metoo movement, publishing a paper with a Penn Law student that argues that nondisclosure clauses in employment contracts violate public policy – a contractual doctrine his work continues to explore. His current projects include the building and analysis of a dataset consisting of hundreds of thousands of Philadelphia residential leases.
For further workshop information contact events.law@utoronto.ca
