Wellspring: Tenancy Health and Safety:

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", if the landlord has not in fact provided a good faith (good faith doesn't necessarily mean "state of the art") method of ameliorating the hazard, or has not maintained said method at the ready, well resourced and in good repair.

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 and that it actually ameliorates the harm complained of.
That such a method can be deployed without itself imposing a Non-Ameliorable Harmful Activity (NAHA) as defined elsewhere in this constitution.

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.

Finding options and settling the dispute:

Should judgment proceed in favour of the plaintiff, the landlord may also propose methods for ameliorating the harm which shall be subjected to the same good faith criteria. Should both sides of the advocacy not be able to come to an agreement over which method(s) shall be deployed, a legislatively defined process shall be used to settle the dispute and guide the jury to arrive at the final decision on behalf of the litigants.

The plaintiffs implicitly agree to a renegotiation of the terms of tenancy, in line with the requirements to effectuate the finally decided method, including changes to rent pricing etc, as decided by mutual agreement or by the jury through the legislatively defined dispute settlement procedure.

Declaratory relief: 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 exists. The judgment now being on record, it should 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.

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