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'Illegitimate' Or 'Leveling The Playing Field'?: Why Habitability Cases Are Surging In Eviction Court

Right-to-counsel expansion is driving a national surge in habitability defenses and mold/deferred-maintenance claims in eviction court, pushing cases toward settlements instead of eviction filings and raising landlords' liability-insurance costs. Mold is named among the leading habitability allegations.

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Source publication date: 2026-10-22

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US
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unverified

Right-to-counsel expansion is driving a national surge in habitability defenses and mold/deferred-maintenance claims in eviction court, pushing cases toward settlements instead of eviction filings and raising landlords' liability-insurance costs. Mold is named among the leading habitability allegations.

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Bisnow

https://www.bisnow.com/news/national/multifamily/-illegitimate-or-leveling-the-playing-field-why-eviction-and-habitability-cases-are-surging

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