Also known as:habitations · habitatio · dwelling · usufruct
Written by attorneys — see sources below.
A structure that a person uses regularly for sleeping or living.
See Our Sources· 33 primary sources
Cases
Statutes
Federal Rules
How its tested
Common Examples
6
Breaking Only To Exit
Hector Huerta hid inside Harper Hill's habitation after hours with intent to steal valuables. He later pried open an interior door solely to carry items out. Because the force did not help him enter the habitation, the breaking element fails.
Implied Warranty Claim
Hyun Han bought a newly built home from Highland Farms. After closing, cracks appeared in the foundation that made the habitation unsuitable for living. Han sued the builder for breach of the implied warranty that the home was suitable for human habitation.
Nighttime Burglary Grading
Hope Howard entered Helena Hoffman's habitation at night to commit theft. The structure was regularly used for sleeping. Because the offense occurred in a habitation at night, the burglary is graded as a second-degree felony.
Hakeem Harris reached through a broken window of Harlan Hayes's habitation and used a hook to pull jewelry from a dresser. The insertion of the tool counted as entry because Harris employed it to commit the felony inside the habitation.
Hot Pursuit Into Home
Officers had probable cause to arrest Harvey Holt in a public park. Holt fled into his own habitation. Police followed under the hot pursuit doctrine and completed the arrest inside the habitation without a warrant.
No Duty To Retreat
Hank Horton was attacked inside his own habitation by an armed intruder. Because the assault occurred in his habitation, Horton had no duty to retreat before using defensive force.
3 common questions
Students Frequently Ask...
Does a temporary absence by the occupants destroy a structure's status as a habitation?
No. A structure remains a habitation when occupants regularly used it for sleeping before leaving and intend to return, even if they are gone for months and leave most belongings behind.
Supporting sources
When does a breaking inside a habitation fail to satisfy the burglary element?
A breaking fails when it occurs only after the defendant is already inside and serves solely to allow exit rather than to gain entry.
Supporting sources
Does mixed business and residential use prevent a structure from qualifying as a habitation?
No. A structure qualifies as a habitation if any portion is regularly used for sleeping, even when the ground floor operates as a business.
Supporting sources
431 U.S. 494, 503 (1977)
…case presents the question whether East Cleveland’s housing ordinance, which prohibits a grandmother from living in the same dwelling with her grandson, violates the Due Process Clause of the Fourteenth Amendment. Appellant, Mrs. Inez Moore, lives in her East Cleveland home with her son Dale Moore and two grandsons,…