With one exception noted later, Ohio courts have been loathe to accept the fact that enforcement of housing codes has been singularly ineffective on a large scale. Without an implied covenant of habit- ability in rental agreements, the indigent tenant today, living in squalid conditions and often lacking a viable alternative, has no effective means of bettering his condition. To remedy this problem, the Ohio legislature, on July 23, 1974, passed Amended Substitute Senate Bill Number 1032 defining the respective rights and obligations of landlords and tenants by holding the lessor of residential property to an implied covenant of habitability and providing several remedies for enforcing that warranty. This Note will explore the public policy favoring such a covenant, and also much of the existing common and statutory law already recognizing the seriousness of the plight facing the urban tenant. Additionally, Ohio's landlord-tenant legislation will be examined to determine the respective rights, duties and respon- sibilities of both parties to a rental agreement.
Note, Covenant of Habitability and the Ohio Landlord-Tenant Legislation, 23 Clev. St. L. Rev. 539 (1974)