1 In June 1972, the California Court of Appeal reviewed this emerging out-of-state precedent in the case of Hinson v. Accordingly, each of these jurisdictions has discarded the old common law rule and has adopted an implied warranty of habitability for residential leases. In the past several years, however, the highest courts of a rapidly growing number of states and the District of Columbia have reexamined the bases of the old common law rule and have uniformly determined that it no longer corresponds to the realities of the modern urban landlord-tenant relationship. Under traditional common law doctrine, long followed in California, a landlord was under no duty to maintain leased dwellings in habitable condition during the term of the lease. No appearance for Respondent or for Real Party in Interest. Chapman as Amici Curiae on behalf of Petitioner. Curtice for Petitioner.Īllan David Heskin, Myron Moskovitz and Rosalyn M. (Opinion by Tobriner, J., expressing the unanimous view of the court.) THE SUPERIOR COURT OF THE CITY AND COUNTY OF SAN FRANCISCO, Respondent JACK SUMSKI, Real Party in Interest
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