45 results for 'cat:"Civil Rights" AND cat:"Housing"'.
J. Grimberg denies the landlord's motion to dismiss the tenant's race discrimination action brought under the Fair Housing Act. The tenant, who is Black, alleges that the landlord required her Black partner to undergo a background check and pay a background check fee in order to visit her at the property. The tenant presented sufficient facts to show that she was treated differently than similarly situated tenants and to support her allegation that the landlord did not require prospective white tenants to undergo the same background checks for visitors.
Court: USDC Northern District of Georgia, Judge: Grimberg, Filed On: September 21, 2023, Case #: 1:22cv2056, NOS: Housing/Accommodations - Civil Rights, Categories: civil Rights, housing
J. Wilson remands this permissive interlocutory appeal with instructions to the district court to dismiss the housing advocate's disparate impact race claim. The district court allowed the race claim to proceed on the certified question of whether the “predictably will cause” standard for FHA disparate-impact claims remains viable after a decision in a guiding case. The housing advocate has not alleged a cognizable injury and lacks standing to bring the claims. Being that the district court lacked jurisdiction, the certified question cannot be answered.
Court: 5th Circuit, Judge: Wilson , Filed On: September 14, 2023, Case #: 22-30609, Categories: civil Rights, housing, Jurisdiction
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Trapp finds the rental company's failure to object to the jurisdictional factfinding of the Ohio Civil Rights Commission precludes it from challenging the commission's jurisdiction on appeal; therefore, that portion of the appeal is dismissed. However, the commission erroneously found the company violated housing discrimination laws regarding service animals because its conclusions of fact referenced the statute dealing with pets in general, not service animals. Reversed in part.
Court: Ohio Court Of Appeals, Judge: Trapp, Filed On: September 5, 2023, Case #: 2023-Ohio-3123, Categories: civil Rights, housing, Jurisdiction
J. Hamblen finds a lower court improperly dismissed a civilian’s claims for after care services following a stay in a hospital. The health and social care authority argued that she should be detained in a health care facility based on mental health challenges. However, the civilian’s representation provided sufficient evidence in court that she is able to make a decision as to where she resides. Remanded.
Court: Supreme Court of the United Kingdom, Judge: Hamblen, Filed On: August 10, 2023, Case #: 23UKSC31, Categories: civil Rights, Health Care, housing
J. Gallagher partially denies a home loan firm its motion to dismiss allegations of race discrimination in its appraisal of a Black family’s home in application to refinance. The family was appalled at the low value the first appraiser gave. Prior to a second appraisal, the family “whitewashed” their home, putting away family photographs and other visual markers of their race and invited a white friend to stand in as homeowner. An appraiser from a different company valued the home at $750,000, a 60% increase from the first appraisal only seven month later. Also, when a company representative said the family could appeal the initial appraisal and the family filed requisite paperwork, the representative failed to act before the deadline in the appeal process. The family has adequately argued facts supporting race discrimination.
Court: USDC Maryland, Judge: Gallagher, Filed On: August 2, 2023, Case #: 1:22cv2048, NOS: Housing/Accommodations - Civil Rights, Categories: civil Rights, Property, housing
J. Laing finds a lower court properly dismissed a civilian's Housing Act violations against a district council. The civilian argued that the district counsel failed to provide her accommodations. However, the district counsel presented sufficient evidence in court that she became intentionally homeless when she abandoned a room inside of a hostel ran by a charity. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Laing, Filed On: July 27, 2023, Case #: CA-2022-1996, Categories: civil Rights, housing
J. Shepherd finds a lower court properly dismissed a class of sex offenders' claims that the Minnesota Civil Commitment and Treatment Act is unconstitutional. The class of sex offenders argued that the lower court failed to apply the "shocks the conscience" rule for conditions of confinement. However, the class failed to present sufficient evidence in court that they suffered a constitutional violation by living in double occupancy rooms. Affirmed.
Court: 8th Circuit, Judge: Shepherd, Filed On: July 13, 2023, Case #: 22-1459, Categories: civil Rights, housing, Class Action
J. Sannes preserves claims for contribution, breach of contract and violations of various federal and state housing and discrimination laws brought by a group of 28 senior housing complexes against an architectural firm alleging they failed to provide architectural plans for housing renovations that were complaint with the federal housing regulations. The court finds the owners’ claims are not preempted or barred by the Fair Housing Act and that they have standing to bring claims that were assigned to them by a group of Fair Housing organizations who had filed a previous complaint stemming from the housing violations.
Court: USDC Northern District of New York, Judge: Sannes, Filed On: June 7, 2023, Case #: 5:22cv278, NOS: Housing/Accommodations - Civil Rights, Categories: civil Rights, Construction, housing