DRAFT FOR ATTORNEY REVIEW — NOT FINAL

§ 290

Citation
§ 290
Parent Document
Francis v. Kings Park Manor, Inc., 992 F.3d 67 (2021)
Effective Date
2021-03-25
Original Source
https://www.courtlistener.com/opinion/4867798/francis-v-kings-park-manor-inc/ ↗

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10In support of this view, the majority compares the level of control by a landlord over
tenants with an employer’s control over its employees. The comparison to employers is
a red herring. It is true that “an employer’s manner and degree of control over its
agent-employees” differs, sometimes markedly, from “that of a landlord over its
tenants.” Majority Op. at 21–22. But those differences do not mean that landlords can
never control their tenants regardless of the circumstances.
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landlords and tenants, and the landlord’s prior history of remedial action, all