Update 15-05-tenancy-health-and-safety.md

15-torts-and-coordination/15-05-tenancy-health-and-safety.md

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 # Wellspring: Tenancy Health and Safety:
 
-We basically want to duplicate the workplace health and safety mechanisms and burden of proof in here, but for building health and tenancy (tenancy here as a concept extends to such things as being warded in hospital, hotels, etc.. Healthy buildings are a good thing, and placing the burden of due diligence on the landlord to provide methods of maintaining building health is superior to demanding that )
+## Making landlords/building owners keep their buildings healthy:
+
+When a tenant of a structure or natures identifies something in the nature of the structure or the natures, which does in fact cause harm to the individuals resident in the structure or natures, such a tenant shall have a claim against the landlord in the form of a cause of action before the courts known as the "Unameliorated Tenancy Hazard".
+
+## Cause of action: Unameliorated Tenancy Hazard:
+
+### Burden of proof:
+
+The burden of proof lies with the plaintiff to prove that harm does in fact occur, and that there exists at least one good faith method of ameliorating the hazard, as judged by the jury. The plaintiff must also source pricing commitments for the supply and implementation of the method of amelioration. In sourcing these pricing commitments, the plaintiff also implicitly agrees to any changes in the rental agreement necessary to effectuate the method, including changes in rent price.
+
+Good faith here refers to the following properties of the methods proposed by the plaintiff:
+- That such a method of ameliorating the harm exists.
+- That such a method can be deployed without itself imposing a Non-Ameliorable Harmful Activity (`NAHA`) as defined elsewhere in this constitution.
+
+### Limitations on liability:
+
+This cause of action shall be available for:
+- Harms and hazards imposed on the natural resource or structure by nature itself.
+- Harms and hazards introduced by the materials or the design/plan of the structure.
+
+This cause of action shall not be available for:
+- Harms and hazards caused by the tenant's manipulation or use of the natures to cause it to yield the harmful result, if it would otherwise not have yielded the harmful result in its plain, unmolested state (e.g., oil spill, natural gas, etc).
+  - Such harms and hazards caused by the tenant's manipulation or use shall in fact form the basis of liability for the tenant in tort.
+     - Tenants seeking to do engage in potentially harmful manipulations or uses should procure agreement from their landlord in writing.
+
+## Defense: Nature still reigns over humankind:
+
+Should judgment proceed in favour of the defendant, an additional declaratory relief shall be granted if the plaintiff was unable to show that a good faith method of ameliorating the harm existed. And the judgment now being on record, it may inform the residents of the area that the particular harm complained of is a hazard that comes with the territory, which has no human solution as yet, and must be factored into the decision of tenants in that environment; until such time that a good faith method is demonstrated before the courts.