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JULY NEWSLETTER

Vol. 4, Issue 3                                                                   July, 2009
________________________________________________________________________
HEALTH CARE REFORM
 
This week, President Obama is putting on the full court press to pass some sort of so called health care reform.  According to the Integris Foundation, the Democratic plan inlcudes the following:
 
  1. A Health Insurance Exchange may be funded by the federal government and provides insurance for small business employees and individuals.
  2. Pre-existing conditions are covered.
  3. Low and moderate income persons (up to $43,000 for individuals and $88,000 for a family of four) receive government assistance on premiums.
  4. There is a maximum amount of annual out-of-pocket spending for medical care.
  5. Persons with incomes up to 133% of the federal poverty level may benefit through Medicaid.
  6. The penalty for not buying insurance is 2.5% of your adjusted gross income.
  7. A business with over $250,000 in annual employee payroll must offer insurance or pay 8% of payroll as a penalty.
  8. Several measures are designed to reduce Medicaid and Medicare costs.
Right now, funding for these "reforms" is targeted to come from upper income tax payers.  However, since these taxpayers also have the greatest ability to enact sophisticated tax reduction strategies and if necessary movement of assets offshore, it is likely that these programs will eventually be funded by higher taxes for all.  But in the meanwhile, it is projected that the maximum tax rate on high income earners will approach or exceed fifty percent in approximately half of the states since the new proposed federal tax maximum will be nearly forty percent.  Small to medium sized business owners should be talking to their financial and insurance advisers NOW about strategies to handle what may become the most drastic increase in tax payer funded  public entitlements in American history.
OK LANDLORDS ...
BEWARE OF NEGLECTING REPAIRS
 
Oklahoma is a common law state.  That means that unless the legislature has addressed a particular issue directly, the common law applies.  In the past, Oklahoma Courts have held that while the Oklahoma Landlord Tenant Act does create a duty for the landlord to maintain the premises in a safe and sanitary fashion, this duty was contractual only and did not automatically create a remedy in tort for tenants injured by alleged breaches of that duty. However, the Oklahoma Supreme Court has now overruled that position, holding that under certain circumstances an action in tort against a landlord may lodge for failure to safely maintain the property:
¶24 The evolving nature of residential leases demand the reformation of an archaic rule, and today this Court supplants the caveat emptor doctrine of landlord tort immunity. In its place, this Court imposes a general duty of care upon landlords to maintain the leased premises, including areas under the tenant's exclusive control or use, in a reasonably safe condition. This duty requires a landlord to act reasonably when the landlord knew or reasonably should have known of the defective condition and had a reasonable opportunity to make repairs.

 

.... Safety features such as "doors and window locks, . . . alarm devices . . .[and as in the instant case, balcony railings], directly relate to security." Lay, 1986 OK 85, ¶ 11, 732 P.2d 455, 459. Leasing a premises that is "inadequately secured due to ineffective or defective materials. . .[creates] a duty on the part of the landlord to provide repairs or modifications. . . upon notification of the defect by the tenant. This duty arises from the landlord-tenant contract and from the implication that the landlord is to provide services under the contract in a diligent manner." Id. ¶ 10, 732 P.2d at 458.

28 The landlord's knowledge is key in triggering the duty to maintain the leased premises in a reasonably safe condition. 

The case is Miller v. David Grace, Inc., 2009 OK 49.