The Honorable Jeffrey Winik

Adjunct Professor of Law

Associate Justice, Housing Court, City of Boston

B.A., University of Michigan
M.A., University College (London, England)
J.D., Boston University School of Law

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Biography

Hon. Jeffrey M. Winik was appointed as an associate justice of the Housing Court in 1995. He has served as the first justice of the Boston division since April 2004. Judge Winik chairs the Housing Court’s education committee and time standard’s committee. He serves as a member of the Supreme Judicial Court judicial evaluation committee and jury empanelment procedure committee. Judge Winik sits on the Boston Homelessness Prevention Center Steering Committee and the Boston Tenancy Preservation Program Advisory Board. He is a member of the Boston Bar Association’s Real Estate Pro Bono Committee.

Judge Winik received a bachelor’s degree from the University of Michigan in 1971, a master’s degree from University College, University of London in 1972, and a juris doctor from the Boston University School of Law in 1975.

Upon graduation from law school, Judge Winik served as an investigating attorney for the New York Commission on Judicial Conduct in New York City. He returned to Massachusetts in 1976. From 1976 to 1978 Judge Winik worked as a staff attorney at Greater Boston Elderly Legal Services/Greater Boston Legal Services. He specialized in federal and state housing issues. In 1978 Judge Winik joined the faculty at Boston University School of Law where he taught for ten years. As an associate clinical professor Judge Winik supervised students in the civil clinical program and taught courses in trial advocacy, evidence, negotiation, legal ethics, and advanced federal litigation. In 1988, Judge Winik went into private practice where he specialized in real estate, land use, and housing litigation. From 1991 until his appointment to the bench in 1995 Judge Winik was a partner with the Boston law firm of Cohen & Winik.

Since 2000 Judge Winik has taught housing law as an adjunct professor at Boston University School of Law. Judge Winik has served on the faculty of the MCLE, the Flaschner Judicial Institute, the Social Law Library and the Boston Bar Association/Volunteer Lawyers Project housing law programs. He has lectured at the Mealey’s National Lead Litigation conferences.

In 2007 Judge Winik received the Yvette C. Mendez Award from the Volunteer Lawyers Project of the Boston Bar Association for his contribution to expanding equal access to justice. In 2013 Judge Winik was the recipient of a Citation of Judicial Excellence from the Boston Bar Association. In November 2017 Judge Winik will receive a Judicial Excellence Award from the Massachusetts Judges Conference.

Courses

3 credits

Over the last sixty years housing law has evolved in a number of significant ways. Where once a lease was primarily considered to involve a transfer of an interest in land, it is now considered to involve a relationship framed by contract principles. Consistent with this change, tort law involving rental property is moving from a traditional negligence standard to a more complex standard based upon a duty derived from the implied warranty of habitability. Courts must now determine whether landlords should be held strictly liable in tort for personal injury claims based on defective conditions, inadequate security, lead poisoning, etc. Where formerly a landlord had significant discretion over tenant selection and tenancy termination, a variety of state housing laws and federal/state anti-discrimination laws now place significant limits on the landlord's power and control over these tenancy relationships. Public housing and governmentally subsidized housing has generated much heated debate as well as litigation over such issues as development-based policing authority and the right to evict entire families based upon criminal conduct of one family member. Finally, during the past four years complex title, tenancy, consumer rights and community preservation issues have arisen in the wake of the foreclosure crisis that has swept the nation. This seminar will focus on the various legal, social policy, and practical issues emerging with respect to traditional tenancies, premises liability, public safety in public and subsidized housing, housing discrimination, environmental protection, and control of foreclosed property. Student classroom participation and papers are required. LIMITED WRITING REQUIREMENT OPTION: A limited number of students may be permitted to satisfy the upper-class writing requirement with the approval of the Associate Dean for Academic Affairs. GRADING NOTICE: This course does not offer the CR/NC/H option. OFFERING PATTERN: This class is frequently offered in alternating years. Students are advised to take this into account when planning their long-term schedule. ** A student who fails to attend the initial meeting of a seminar, or to obtain permission to be absent from either the instructor or the Registrar, will be administratively dropped from the seminar. Students who waitlist for a seminar are required to attend the first seminar meeting to be considered for enrollment.

FALL 2017: LAW JD 961 A1 , Sep 6th to Dec 6th 2017
Days Start End Credits Instructors Bldg Room
Wed 4:20 pm 6:20 pm 3 Jeffrey Winik LAW 513
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