Roberson v. SOUTHWOOD MANOR ASSOCIATES, LLC
249 P.3d 1059
Alaska2011Background
- Roberson, a mobile home park tenant, accrued late charges for late space rent payments; Southwood sued for back rent and charges.
- Roberson counterclaimed under Alaska's UT(P)A, alleging the late charges were unfair or deceptive.
- The superior court dismissed the UT(P)A counterclaim, holding UTPA does not cover residential leases.
- Roberson petitioned for review to determine whether AS 45.50.471 applies to residential leases.
- The Alaska Supreme Court held that the UTPA does not apply to residential leases, affirming the superior court.
- Legislative amendments and URLTA context were cited as reinforcing the exclusion of real estate transactions from the UTPA.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does AS 45.50.471 apply to residential leases? | Roberson argues UTPA should cover housing leases as consumer services. | Southwood contends UTPA excludes real estate transactions like leases. | UTPA does not apply to residential leases. |
| Should real estate transactions, including leases, fall within UTPA scope per case law? | Leases transfer consumer housing services; modern tenants are consumers. | Residential leases are real property transactions and fall outside UTPA. | Real property transactions are outside UTPA; leases are not within its scope. |
Key Cases Cited
- First Nat'l Bank of Anchorage v. Alaska, 660 P.2d 406 (Alaska 1982) (UTPA does not regulate real property sales)
- Barber v. National Bank of Alaska, 815 P.2d 857 (Alaska 1991) (UTPA does not apply to mortgage transactions)
- Aloha Lumber Corp. v. University of Alaska, 994 P.2d 991 (Alaska 1999) (UTPA does not apply to sale of standing timber; timber is real property, not a consumer good)
- Western Star Trucks, Inc. v. Big Iron Equipment Service, Inc., 101 P.3d 1047 (Alaska 2004) (UTPA governs business-to-business transactions; real estate transactions are outside UTPA)