207 results for 'cat:"Housing"'.
J. Wright denies a motion for class certification in the nonprofit and the once-homeless individuals' suit against various government entities alleging that police sweeps of encampments of the homeless in Minneapolis parks have violated their civil rights. While the plaintiffs are no longer homeless, the transitory nature of homelessness qualifies them for an exception to typical standing requirements. They have not, however, successfully demonstrated that the proposed class is sufficiently numerous for class certification, nor identified predominantly common questions that would be more efficiently resolved in a class action. They have demonstrated that they would be adequate representatives of the proposed class, but not that their experience is typical of homeless people in Minneapolis. The need for tailored relief based on the circumstances of the various encampments would also prevent them from obtaining relief to the entire class through a single injunction.
Court: USDC Minnesota, Judge: Wright, Filed On: January 31, 2024, Case #: 0:20cv2189, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, housing, Class Action
J. Arguello allows a tenant to continue claims contending a maintenance worker stalked and harassed her, illegally entered her apartment, and raped her. The public housing authority did not have immunity and may have been vicariously liable for failing to monitor or fire the maintenance worker prior to the assault.
Court: USDC Colorado, Judge: Arguello, Filed On: January 31, 2024, Case #: 1:23cv1019, NOS: Housing/Accommodations - Civil Rights, Categories: Tort, Immunity, housing
J. Suddaby finds a group of tenants living in federally subsidized housing likely to win on their claims for Second Amendment violations, and issues a preliminary injunction prohibiting the regional housing authority from enforcing a clause in its lease agreements barring tenants from using, possessing or displaying firearms in their homes. The court finds the alleged constitutional violations constitute irreparable harm which justifies court intervention and further agrees with the tenants’ arguments that the housing authority fails to show its firearms ban is part of a historical tradition of firearms regulation.
Court: USDC Northern District of New York, Judge: Suddaby, Filed On: January 30, 2024, Case #: 5:23cv1540, NOS: Other Civil Rights - Civil Rights, Categories: housing, Firearms
J. Chen preserves federal housing discrimination claims against an architectural firm brought by a group of 28 senior housing complexes as assignees. The court finds claims under the Federal Housing Act can be assigned to a separate entity, and there is insufficient evidence as to whether the assignors were fully compensated for their injuries, which would extinguish their respective claims. The court dismisses their state law housing discrimination claims as abandoned.
Court: USDC Northern District of New York, Judge: Sannes, Filed On: January 29, 2024, Case #: 5:22cv278, NOS: Housing/Accommodations - Civil Rights, Categories: Civil Rights, housing
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J. Kennedy finds that the lower court properly confirmed an arbitration award in favor of the appellee company in this dispute involving the construction of an affordable housing property and the option provision contained within the parties' limited partnership agreement. The court rejects the appellant's argument that "the option was indefinite and unenforceable." Affirmed.
Court: Texas Courts of Appeals, Judge: Kennedy, Filed On: January 26, 2024, Case #: 05-22-00721-CV, Categories: Arbitration, housing, Contract
J. Smith denies a mobile home park and its owner’s motion to exclude reports in their entirety with a proviso to exclude the portion of the investigative report in connection with one of the tenant’s references to the owner’s refusal to submit a polygraph examination. The investigative report pertains to the government’s claim the owner violated the Fair Housing Act by demanding sex from female tenants, harassing them, watching them through their windows and entering their homes without permission, among other things. All the parties may raise specific objections to the remainder of the report at trial.
Court: USDC Northern District of Alabama , Judge: Smith, Filed On: January 25, 2024, Case #: 5:18cv1055, NOS: Housing/Accommodations - Civil Rights, Categories: Civil Rights, Evidence, housing
J. Wilkinson finds the lower court improperly granted judgment to the property owners instead finding their policy violated the Fair Housing Act because it disproportionately ousted Latinos from the rental properties. The property owners began requiring proof of renters' legal status to renew leases, arguing they were protecting themselves against federal anti-harbouring laws. The anti-harbouring statute does not apply to landlords merely leasing to undocumented immigrants. Reversed.
Court: 4th Circuit, Judge: Wilkinson, Filed On: January 23, 2024, Case #: 22-1660, Categories: Immigration, Landlord Tenant, housing
J. Rose finds municipalities improperly sought to demand that the governor fill long-standing vacancies on the housing council. While the state legislature expected the governor would make appointments, the executive is not obligated to do so within a certain time period. Further, the relief being sought is not ministerial and cannot be addressed via mandamus.
Court: New Jersey Appellate Division, Judge: Rose , Filed On: January 23, 2024, Case #: A-0050-22, Categories: Administrative Law, housing, Agency
J. Hillman allows plaintiff to continue certain pro se claims contending a condominium failed to protect plaintiff, a disabled tenant, from another resident's anti-Jewish and ableist slurs, as well as his threats to kill her, and failed to take action after security guards mocked her disability. The tenant adequately alleged anti-Jewish discrimination and that security staff had charged her fees to let her into the building.
Court: USDC New Jersey, Judge: Hillman , Filed On: January 22, 2024, Case #: 1:23cv1877, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, housing
J. Copenhaver grants the financial services company's motion for summary judgment in the homeowner's petition to quiet title over a reverse mortgage he signed personally, and as attorney-in-fact of his mother in 2017, finding since the homeowner knew what he was signing, he cannot effectuate his right of rescission without tendering the loan proceeds, plus the current value of the home, to the lender. The court sets for trial the remaining issue of the lender's dispute on the timeliness of the homeowner's rescission notices.
Court: USDC Southern District of West Virginia, Judge: Copenhaver, Filed On: January 17, 2024, Case #: 2:17cv3857, NOS: Other Contract - Contract, Categories: housing, Business Practices, Banking / Lending
J. Frisch affirms the district court's grant of summary judgment to the city in the landlords' suit seeking to overturn an ordinance barring landlords from discriminating against prospective tenants on the basis of their receipt of public assistance. The ordinance does not effect a physical or regulatory taking under the Minnesota Constitution, nor is it preempted by the Minnesota Human Rights Act.
Court: Minnesota Court Of Appeals, Judge: Frisch, Filed On: January 16, 2024, Case #: A23-0191, Categories: Constitution, Preemption, housing
J. Georges affirms a decision granting a town’s motion for summary judgment against some of the town’s residents who brought suit against the town to compel it to transfer municipal land to its conservation commission. However, the disputed land is designated for affordable housing and cannot be used for another purpose unless the town’s select board determines it isn’t needed for affordable housing.
Court: Massachusetts Supreme Court, Judge: Georges, Filed On: January 5, 2024, Case #: SJC-13410, Categories: Municipal Law, Zoning, housing
J. Crenshaw denies the property managers' motion to dismiss the multifamily plaintiffs' second amended complaint in this antitrust case alleging that a software company and its clients "have formed an illegal price-fixing cartel" in the multifamily housing market. The complaint sufficiently alleges that a certain revenue management service called Lease Rent Options "uses private data." Also, the prior complaint does not contradict the current complaint. Accordingly, the court declines to dismiss the claims "as they relate to LRO from the Multifamily Complaint."
Court: USDC Middle District of Tennessee , Judge: Crenshaw, Filed On: December 28, 2023, Case #: 3:22cv1082, NOS: Antitrust - Other Suits, Categories: Antitrust, Civil Procedure, housing
J. Crenshaw denies the lessors' dismissal motion related to the multifamily complaint but grants the dismissal motion pertaining to the student complaint in this consolidated litigation alleging "an illegal price-fixing conspiracy" in the student and multifamily rental housing markets. The student complaint fails to "adequately plead an unreasonable restraint of trade under the Rule of Reason."
Court: USDC Middle District of Tennessee , Judge: Crenshaw, Filed On: December 28, 2023, Case #: 3:22cv1082, NOS: Antitrust - Other Suits, Categories: Antitrust, housing
J. Crenshaw denies the Thoma Bravo defendants' dismissal motions in this litigation alleging that a privately-owned software company, RealPage, and its clients have "an illegal price-fixing cartel" in the rental housing markets. The Thoma Bravo defendants contend that "parent corporations are not liable for the acts of their subsidiaries." However, the multifamily and student housing plaintiffs have sufficiently alleged Thoma Bravo's involvement in the alleged conspiracy at this "early stage" of the litigation.
Court: USDC Middle District of Tennessee , Judge: Crenshaw, Filed On: December 28, 2023, Case #: 3:23cv326, NOS: Antitrust - Other Suits, Categories: Antitrust, housing
J. Abelson grants the condominium board's motion to dismiss a tenant's Fair Housing Act and Americans with Disabilities Act violation claims alleging discrimination and retaliation. The tenant fails to allege that she was treated adversely because of her alleged disabilities. Rather, she alleges that she was discriminated against because of her race and that those adverse actions harmed her because she has disabilities such as anxiety and a mold allergy.
Court: USDC Maryland, Judge: Abelson, Filed On: December 21, 2023, Case #: 1:23cv1559, NOS: Housing/Accommodations - Civil Rights, Categories: Ada / Rehabilitation Act, housing
J. Reiber finds the Environmental Division properly found in favor of the Vermont Permanency Initiative for a zoning permit from the town to renovate property owned by the initiative to house disabled youth. The undisputed facts show the property will be a group home for disabled youth. Affirmed.
Court: Vermont Supreme Court, Judge: Reiber, Filed On: December 21, 2023, Case #: 22-AP-324, Categories: Property, housing
J. Dysart finds that the district court properly found for a class of individuals living in housing developments operated by the Housing Authority on the issue of liability on their claim for exposure to mold. The district court determined that the Housing Authority was liable for breach of contract, not breach of HUD housing standards, and it was based on the class wide contract terms and conditions of the leases. Further, the testimony of the class members established that they all suffered a breach of contract as a result of the mold in their apartments. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Dysart, Filed On: December 20, 2023, Case #: 2023-CA-0182, Categories: housing, Class Action, Contract
J. Dick denies a request for a preliminary injunction by operators of a youth group home on their argument that a local zoning law prohibiting more than four unrelated individuals from living together in a single-family home violates disability discrimination laws. While the operators’ evidence shows four residents would not make a group home financially viable there is no evidence that financial viability can be reached with 10 residents in a proposed group home. The operators have not shown a substantial likelihood of prevailing on the merits of their case, a key requisite for a preliminary injunction.
Court: USDC Middle District of Louisiana, Judge: Dick, Filed On: December 19, 2023, Case #: 3:23cv408, NOS: Insurance - Contract, Categories: Ada / Rehabilitation Act, housing
J. Lindblom finds a lower court properly dismissed a local resident's challenge of a grant of planning permission against a local planning authority. The local resident argued that the local planning authority was not entitled to demolish a historical residence in order to install solar power equipment. However, the local planning authority sufficiently showed in court that the house, which has since been demolished, was in extreme disrepair. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Lindblom, Filed On: December 15, 2023, Case #: CA-2022-1307, Categories: Government, housing
J. Poissant finds that the trial court properly ruled in favor of the landlord in a dispute with a former tenant who alleged claims including familial status discrimination after receiving lease violation notices due to complaints by her downstairs neighbor about noise from her children. The former tenant did not show a prima facie case of disparate treatment against families by the landlord. Affirmed.
Court: Texas Courts of Appeals, Judge: Poissant, Filed On: December 14, 2023, Case #: 14-22-00169-CV, Categories: Landlord Tenant, housing, Contract
J. Shanker upholds the superior court's finding for a housing co-op on a granddaughter's contract claims arising from an occupancy agreement the co-op had with her now-deceased grandmother. The granddaughter did not apply for membership in the co-op, and the co-op was under no contractual obligation to buy the estate's membership shares when the membership was not transferred through inheritance. Affirmed.
Court: DC Court of Appeals, Judge: Shanker, Filed On: December 14, 2023, Case #: 22-CV-0646, Categories: Landlord Tenant, Wills / Probate, housing
J. Asplin finds a lower court improperly dismissed a group of leaseholders of a residential building's claims that they are entitled to car parking rights. An operator of a block of mansions argued that car parking rights do not include private roads. However, the leaseholders sufficiently showed in court car parking rights have been in existence since 1969. Reversed.
Court: Her Majesty's Court of Appeal, Judge: Asplin, Filed On: December 8, 2023, Case #: CA-2022-2102, Categories: housing, Contract