| Date: |
01/02/02 |
|||
|---|---|---|---|---|
| Subject/Topic: |
URLTA | |||
| Q: | Tenn. Code Ann. 66-28-102(c)(1) says, in pertinent part:
"Unless created to avoid the application of this chapter (URLTA), the following arrangements are not governed by this chapter:
In a county in which the URLTA is applicable, and assuming this is talking about on-campus housing at colleges, including dorms, apartments, and even on-campus fraternity houses, does it also apply to off-campus housing, in particular, an offcampus fraternity house? Would fraternity members that live in an off-campus,
city-recognized/zoned fraternity house be allowed to
contract around the URLTA by signing a "Housing
Contract" instead of a lease? In effect, the "Housing
Contract" would be classified as a "non-exclusive license
for residential space" instead of a "lease of real property,"
giving the housing corporation certain rights (such as the
commingling of security deposits with other moneys) that
the URLTA would not allow. Is this possible? |
|||
| A: | You pose an interesting question. If the college owns the
off campus house, then I think there's a good argument
that the exemption applies. (The frat could argue though
that its not "residence at an institution." If the house is
privately owned, I tend to think the Act would apply. No
matter who owns the property, if the Act applies I don't
think you can get around it by using a "Housing Contract" or similar device. |
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