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STEWARD v. HOLLAND FAMILY PROPERTIES, LLC

Record No. 110113.

726 S.E.2d 251 (2012)

284 Va. 282

Dontral STEWARD, An Infant, Who Sues Through Rosa STEWARD, His Mother and Next Friend v. HOLLAND FAMILY PROPERTIES, LLC, et al.

Supreme Court of Virginia.

June 7, 2012.

Attorney(s) appearing for the Case

Richard J. Serpe ( Cindra M. Dowd , on brief), Norfolk, for appellant.

Thomas S. Berkley ( Edward J. Powers ; Vandeventer Black , on brief), Norfolk, for appellee Holland Family Properties.

Kevin P. Greene ( L. Lucy Brandon ; Wilcox & Savage, on brief), Norfolk, for appellee Jean Cross.

Amicus Curiae: Virginia Trial Lawyers Association ( Mark S. Lindensmith ; Mark & Harrison, Staunton, on brief), in support of appellant.

Present: KINSER, C.J., LEMONS, MILLETTE, MIMS, McCLANAHAN and POWELL, JJ., and LACY, S.J.

Opinion by Senior Justice ELIZABETH B. LACY.

In this appeal we consider whether Holland Family Properties, LLC ("Holland") and Jean Cross ("Cross"), landlords subject to the Virginia Residential Landlord and Tenant Act, Code § 55-248.2 et seq. ("the VRLTA"), have a duty in tort to the tenants of leased properties to comply with building and housing codes concerning public health and safety. For the reasons stated below, we conclude that a tort duty is not imposed...

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