Background
More than 100 Ohio State University students and parents sued the university over alleged moisture, mold, asbestos, bacteria, and other unsafe conditions at Lawrence Tower during the 2024-2025 academic year. They alleged that OSU falsely represented the dormitory was safe and concealed hazardous conditions.
The plaintiffs brought claims under Ohio’s Consumer Sales Practices Act, arguing that the mandatory student-housing agreement was a mixed transaction involving both a residential lease and educational or residential-curriculum services. The trial court dismissed the claims under Civ.R. 12(B)(6) and denied leave to file a second amended complaint.
The Court’s Holding
The Tenth District affirmed. Under Heritage Hills, Ltd. v. Deacon, Ohio’s Consumer Sales Practices Act does not apply to residential lease transactions because the Landlord-Tenant Act provides the governing statutory framework.
Although a mixed transaction can bring its services or personal-property component within the Consumer Sales Practices Act, the court held that the plaintiffs’ actual allegations concerned the premises’ condition and OSU’s duties to maintain and repair student housing. Those are landlord-tenant obligations, including for university-owned student housing, and cannot be transformed into consumer-protection claims by characterizing housing as part of OSU’s educational services. The proposed amendments about a residential curriculum would not change that conclusion, so amendment was futile.
Key Takeaways
- Ohio’s Consumer Sales Practices Act does not govern claims arising from the residential-lease portion of a student-housing agreement.
- Courts examine the substance of pleaded claims, not a plaintiff’s characterization of the transaction.
- Allegations about unsafe premises, maintenance, and repairs fall within the landlord-tenant relationship.
Why It Matters
The decision confirms that students in university-owned housing cannot use the Consumer Sales Practices Act to pursue claims based solely on alleged unsafe or poorly maintained dormitory conditions. Even where housing is mandatory and connected to educational programming, claims concerning the condition of the residence remain governed by Ohio landlord-tenant law.