Final answer:
Constructive eviction is regulated by state laws and implies a substantial interference by the landlord in the tenant's enjoyment of their rented property. To prevent evictions, Matthew Desmond advocates for expanding housing voucher programs and regulating rents. The Fair Housing Act of 1968 supports equal housing opportunities but does not directly address constructive eviction.
Step-by-step explanation:
Constructive eviction is a legal concept that applies when a landlord's actions, or failure to act, substantially interfere with a tenant's enjoyment of the rental premises, leading the tenant to vacate. It is regulated by state laws and under the principles that govern landlord-tenant relationships. The tenant must usually prove that the landlord's actions were serious enough to constitute a breach of the lease or rental agreement. A common example is the landlord's persistent failure to repair serious problems, like a broken heater during winter, which makes the property uninhabitable. According to Matthew Desmond, stable housing is critical to avoiding poverty, and eviction is a devastating outcome that exacerbates the problem. He suggests that expanding housing voucher programs and implementing rent regulation could prevent exploitative practices and improve housing stability for lower-income tenants.
The Fair Housing Act of 1968 also plays a role by prohibiting discrimination in housing, ensuring equal protection under the law for all renters, regardless of race, color, national origin, religion, sex, familial status, and disability. However, it does not specifically address constructive eviction but sets a broader legal framework for fair treatment in housing. Proactive legislation and enforcement of landlord responsibilities are crucial in preventing constructive evictions and maintaining the balance of rights between landlords and tenants.