207 results for 'cat:"Housing"'.
J. Breyer dismisses all claims from a resident who says the housing commission wrongfully denied her call for help in purchasing a home under a federal housing program that lets local housing groups help low-income families with buying a home. The program allows for "vast discretion" on what benefits are offered to whom, and there is no evidence the local housing commission violated that discretion. In fact, the commission has already helped the resident by offering her rental assistance.
Court: USDC Northern District of California, Judge: Breyer, Filed On: March 25, 2024, Case #: 3:22cv6827, NOS: Housing/Accommodations - Civil Rights, Categories: Ada / Rehabilitation Act, housing
J. Egan finds that the lower court improperly held that a city board designated to help cope with a rental housing emergency exceeded its authority. The muncipality's declaration of an emergency was based on a valid study of local properties, and the rent-adjustment guidelines and fair-market rate set by the board in an attempt to tackle the problem was within its emergency powers. Reversed in part.
Court: New York Appellate Divisions, Judge: Egan, Filed On: March 21, 2024, Case #: CV-23-0327, Categories: Municipal Law, housing
J. Frimpong grants in part a housing provider for individuals with disabilities' motion for summary judgment and denies in part the city's motion for summary judgment regarding allegations that the city enacted discriminatory zoning codes that applied more stringent rules on "group homes" which discriminate against individuals with disabilities. The housing provider has provided evidence that its residents are disabled. The city has not shown that "these ordinances benefit the disabled." The housing provider is entitled to summary judgment on its reasonable accommodation claim as the city has not shown "that the requested accommodation was not necessary, not reasonable, or would cause undue hardship."
Court: USDC Central District of California, Judge: Frimpong, Filed On: March 20, 2024, Case #: 8:20cv504, NOS: Housing/Accommodations - Civil Rights, Categories: housing
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Per curiam, the appellate division finds that the lower court properly granted the city housing department's motion to dismiss the property owner's suit seeking to relitigate the question of whether the department could be compelled to issue a cure completion certificate. The property owner agreed to submit to the department's discretion on this issue under the cure agreement, and the issue is therefore barred by res judicata. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: March 19, 2024, Case #: 01501, Categories: Administrative Law, housing
J. Joseph denies requests by a city to dismiss claims of civil rights violations by organizers of a residential treatment facility for alcoholics for alleged lack of standing, after neighboring church pastors opposed the proposed $1 million sale of a 54-bedroom building for use as a sober house. While the rehab home organizers argue potential residents were subjected to disability discrimination, they also claim this discrimination led to the deprivation of their own rights when the city refused to sell it the property.
Court: USDC Western District of Louisiana , Judge: Joseph, Filed On: March 18, 2024, Case #: 3:23cv697, NOS: Other Contract - Contract, Categories: Ada / Rehabilitation Act, housing, Contract
J. Cota denies, in part, a community services district’s motion to dismiss a resident’s pro se constitutional claims arising from its alleged refusal to connect his home to the water distribution system or allow him access to the district's jobs. He makes sufficiently allegations to support his due process and retaliation claims, and "has stated the bare minimum to proceed" on his equal protection claim.
Court: USDC Eastern District of California, Judge: Cota, Filed On: March 18, 2024, Case #: 2:21cv119, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, housing, Due Process
[Combined.] J. Lynch finds that the lower court properly held that a town could tap an escrow account established for a proposed residential resort community to assess compliance with original design parameters. When questions arose on whether a lot owner deviated from the design directives, the town was entitled to utilize the escrow account to pay the consultants retained to assist in the review. Affirmed.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: March 14, 2024, Case #: CV-23-0407, Categories: Government, Municipal Law, housing
Per curiam, the circuit finds that the district court properly dismissed class claims challenging the conversion of a subsidized New York City housing complex from public ownership to private ownership. The class lacked standing because details of the conversion were so financially complex they could not feasibly be undone, and thus alleged injuries could not be resolved by a favorable ruling. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: March 8, 2024, Case #: 23-397, Categories: housing, Class Action
J. Giles grants the home owners' association's motion to dismiss claims they violated the Servicemembers Civil Relief Act and Fair Housing Act. The servicemember, new to the neighborhood, believed the home owners' association denied his request to build a fence and a second driveway because of his South Asian ethnicity. The Acts are intended to protect vulnerable people from eviction, but the servicemember failed to identify any specific parts of the Acts the HOA violated in what they say was a purely aesthetic decision that had nothing to with his ethnicity.
Court: USDC Eastern District of Virginia, Judge: Giles, Filed On: March 5, 2024, Case #: 1:23cv551, NOS: Other Civil Rights - Civil Rights, Categories: Property, housing, Military
J. Lemelle denies summary judgment to the city of New Orleans and rules in favor of a group of property owners seeking short-term rental permits for lodging offered on internet platforms like Airbnb and Vrbo. The ruling bars the city from excluding surviving spouses and trust beneficiaries, such as adult children, as residential STR owners and operators, as their exclusion "has no lawful rational basis.”
Court: USDC Eastern District of Louisiana , Judge: Lemelle, Filed On: February 28, 2024, Case #: 2:19dv13773, NOS: All Other Real Property - Real Property, Categories: Government, Property, housing
J. Gwin denies the property manager's motion to dismiss, ruling that even though he was not an owner of the management company, he can still be held liable under federal law for acts of sexual harassment and abuse toward tenants and applicants. Meanwhile, the management company's failure to discipline the manager after it became aware of years of harassment toward female tenants renders it liable for his actions; therefore, the management company's motion to dismiss is also denied.
Court: USDC Northern District of Ohio, Judge: Gwin, Filed On: February 21, 2024, Case #: 4:23cv1744, NOS: Housing/Accommodations - Civil Rights, Categories: Civil Rights, housing
J. Berkenkotter finds the trial court erroneously ruled in favor of the landlord on his eviction claim because Colorado law allowed the tenant to assert the affirmative defense of retaliation under the Colorado Fair Housing Act. Although a landlord may bring a forcible entry and detainer action against a tenant for "no reason or any reason," due process requires a tenant be given the opportunity to rebut evidence presented by the landlord; therefore, the tenant in this case must be allowed to present her retaliation claim based on allegations the landlord evicted her when she refused to have sex with him. Reversed.
Court: Colorado Supreme Court, Judge: Berkenkotter, Filed On: February 20, 2024, Case #: 2024CO11, Categories: Civil Procedure, Landlord Tenant, housing
Per curiam, the appellate division finds that the lower court properly declined to reserve the housing agency's decision to retroactively remove a rent reduction order retroactive to 2020 rather than 1989. The order was entered following a fire at the apartment in 1987, but the landlord did not submit an application for rent restoration until 2020, at which point it proved the apartment was once again habitable. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: February 20, 2024, Case #: 00853, Categories: Administrative Law, housing
J. Sullivan finds that the district court properly dismissed claims contending the village exercised discriminatory animus in denying building permits for five lots in a planned 181-unit residential subdivision to be marketed to Hasidic Jews. The claims were not ripe since the developer had not appealed the denial to the village zoning board and had not sought a variance, even if such steps were not expected to be successful. Affirmed.
Court: 2nd Circuit, Judge: Sullivan, Filed On: February 16, 2024, Case #: 22-1047, Categories: Zoning, housing, Equal Protection
J. Loken finds a lower court improperly granted a non- for- profit sober living company's request to establish residency for a group of recovering alcoholics and substance abusers in a single family home in a residential area in the City of Anoka, Minnesota. The non- for- profit argued that the City violated ADA and Fair Housing Act violations for denying a waiver for zoning purposes to set up housing for four recovering addicts who are not related to each other, and who are entitled to a therapeutic environment. However, the City presented sufficient evidence in court that the non- for- profit would not have the financial resources to maintain a sober environment in the long run, and that establishing the residence would violate its zoning rules. Reversed.
Court: 8th Circuit, Judge: Loken, Filed On: February 15, 2024, Case #: 22-3071, Categories: Ada / Rehabilitation Act, Zoning, housing
J. Singas finds that the appellate division improperly annulled a finding that a letter threatening legal action against a nonprofit constituted retaliation. An apartment complex owner sent the letter after the nonprofit sent an agent to pose as a prospective tenant, which led to the claim that the apartment complex attempted to steer her to a different building upon discovering she intended to bring her children to live with her. The matter should be remanded since the state division of human rights shifted the burden to the owner to prove the nonprofit acted in bad faith in alleging familial discrimination. Reversed.
Court: New York Court Of Appeals, Judge: Singas, Filed On: February 15, 2024, Case #: 02, Categories: Anti-slapp, housing
J. Pepper finds the citizen has provided sufficient proof such that he is waived from prepaying the filing fee in his pro se lawsuit alleging, among other things, that the property management company refused to rent an apartment to him because he is Black. The citizen will be allowed to proceed with his discrimination claims, the U.S. Marshal Service is ordered to serve the company and other defendants with the lawsuit, and those parties are ordered to respond to the complaint.
Court: USDC Eastern District of Wisconsin, Judge: Pepper, Filed On: February 14, 2024, Case #: 2:24cv199, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, housing
J. McKeown finds that the district court improperly dismissed an amended complaint brought by a mobile home park seeking to enjoin the enforcement of California AB 978, a mobile home rent control statute. The mobile home park alleged that if it raises mobile home rents more than AB 978 allows, the California Attorney General will enforce AB 978 against it and seek sanctions. The mobile home park adequately pled standing based on a pre-enforcement injury and plausibly alleged that it refrained from raising rents because of the Attorney General’s interpretation of AB 978, and demonstrated a substantial threat of enforcement given that the Attorney General not only refused to disavow its intent to enforce AB 978 but also admitted that AB 978 targets the mobile home park. Reversed.
Court: 9th Circuit, Judge: McKeown, Filed On: February 13, 2024, Case #: 22-16063, Categories: housing
J. Lewison finds a lower court properly dismissed a civilian's claims that he is entitled to secure his now-deceased grandmother's flat. The civilian argued that a city council is obligated to grant him tenancy. However the city council presented sufficient evidence in court that her tenancy was granted to her alone and is not transferrable. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Lewison, Filed On: February 5, 2024, Case #: CA-2023-782, Categories: housing
J. Kim finds that the trial court properly ordered a city to exempt from coastal development permit requirements property owners' proposal to build an accessory dwelling unit. The city was not entitled to deference in its interpretation of statute, which broadly exempts improvements that consist of new construction that is directly attached to an existing residence. Affirmed.
Court: California Courts Of Appeal, Judge: Kim, Filed On: February 1, 2024, Case #: B323731, Categories: Zoning, housing
J. Hsu denies a family's motion for permanent injunction preventing further discrimination but grants in part their fee award regarding allegations that the military did not provide their daughter with a reasonable accommodation for her learning disability. "The Court is loath to impede on military operations by requiring an equitable remedy that exceeds the harm the jury found in this case." After a reduction in hours and hourly rate, a fee award of $351,780 and costs of $22,029 are granted.
Court: USDC Central District of California, Judge: Hsu, Filed On: February 1, 2024, Case #: 5:22cv931, NOS: Housing/Accommodations - Civil Rights, Categories: housing