207 results for 'cat:"Housing"'.
J. Varlan enters a consent decree in the government's action against the City of Chattanooga alleging discrimination under the Fair Housing Act and the Americans with Disabilities Act, after a nonprofit organization was allegedly unable to provide housing for certain individuals with disabilities due to the city's "special permit" requirement. The consent decree is meant to "effectuate a comprehensive settlement" of the government's claims in the matter and does not represent "an adverse finding" or judgment against the city.
Court: USDC Eastern District of Tennessee , Judge: Varlan, Filed On: December 8, 2023, Case #: 1:23cv258, NOS: Other Civil Rights - Civil Rights, Categories: Ada / Rehabilitation Act, Settlements, housing
J. Cook finds the lower court improperly denied a developer's motion to do build housing on a plot of land. The local planning commission was found to not have sufficient evidence denying them permission based on safety issues and residential concerns. Reversed.
Court: Alabama Supreme Court, Judge: Cook, Filed On: December 8, 2023, Case #: SC-2023-0017, Categories: Property, Zoning, housing
J. Sales finds a lower court properly dismissed a local housing authority's denial of accommodations to a civilian who is wheelchair bound. The housing authority argued that it provided her and her family with adequate accommodations. However, the civilian sufficiently showed in court that the property was unsuitable based on the lack of an accessible toilet on the first floor. Affirmed.
Court: Supreme Court of the United Kingdom, Judge: Sales, Filed On: November 28, 2023, Case #: 2023UKSC45, Categories: Ada / Rehabilitation Act, Property, housing
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J. Newey finds a lower court properly dismissed a civilian's housing claims against a city council. The civilian argued that the city council is obligated to accommodate his homelessness. However, the city council presented sufficient evidence in court that he became "homeless intentionally" after he was evicted for anti-social behavior. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Newey, Filed On: November 20, 2023, Case #: CA-2023-443, Categories: Civil Rights, housing
J. Pepper grants the citizen's motion to proceed without pre-paying the filing fee in lawsuit in part alleging the property management company declined to lease him an apartment he applied for because he is Black and has a criminal conviction that is more than 20 years old. The citizen has adequately alleged the type of discrimination he faced, who discriminated against him and when, so his complaint can proceed and the U.S. Marshals Service is ordered to serve a copy of it to all the defendants in the lawsuit.
Court: USDC Eastern District of Wisconsin, Judge: Pepper, Filed On: November 17, 2023, Case #: 2:20cv1884, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, housing
J Watson dismisses liability claims against Honolulu and several of its police officers for their involvement in removing an evicted tenant from a rental unit. The evicted tenant did not argue against the officer’s qualified immunity as they did not violate any of the tenant’s constitutional rights. The city also similarly dodges claims of negligent hiring and training, without any opposition by the tenant. Fair Housing Act claims against the landlords and the officers remain.
Court: USDC Hawaii, Judge: Watson, Filed On: November 13, 2023, Case #: 1:22cv491, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, housing, Police Misconduct
J. Proctor grants a group home’s motion for summary judgment on Rehabilitation Act, Fair Housing Act, Americans with Disabilities Act, negligence and other claims brought by a mentally disabled resident alleging he was abused and neglected. The resident fails to establish a prima facie case for his retaliation claim under the Rehabilitation Act. All other claims are to be denied.
Court: USDC Northern District of Alabama , Judge: Proctor, Filed On: November 7, 2023, Case #: 7:21cv308, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Ada / Rehabilitation Act, Negligence, housing
J. Wendlandt affirms the dismissal of local housing authorities’ motion for a declaratory judgment based on the local housing authorities’ belief that their state government exceeds its authority by refusing to approve employment contracts between local housing authorities and their executive directors if they don’t adhere to Department of Housing and Community Development guidelines. Guidelines are not by definition necessarily optional. Guidelines can be mandatory and the use of the term guidelines in a statute rather than mandates does not imply that the statute carries less authority than if it did use the term mandates.
Court: Massachusetts Supreme Court, Judge: Wendlandt, Filed On: November 6, 2023, Case #: SJC-13412, Categories: Administrative Law, Government, housing
J. Stadtmueller grants the city's motion to dismiss the federal government's second amended complaint on behalf of citizens claiming the city, county, housing authority and others falsely certified compliance with federal anti-discrimination and housing laws in order to secure government grants. The government and citizens' allegations, including regarding the creation of "containment zones" around racially segregated and blighted neighborhoods instead of promoting fair housing, fail in part because they are too vague and inadequately show clear connections between the allegations and specific violations of statutory and regulatory provisions, despite the fact that the citizens' "grievances are legitimate."
Court: USDC Eastern District of Wisconsin, Judge: Stadtmueller, Filed On: October 27, 2023, Case #: 2:22cv240, NOS: Qui Tam (31 U.S.C. § 3729(a)) - Torts - Personal Property, Categories: Government, housing, False Claims
[Consolidated.] J. Dingemans finds a lower court properly dismissed a housing complex company's occupation agreement claims against a group of "property guardians," who occupy vacant commercial spaces to deter squatting. The housing complex argued that the property guardians were obligated to thwart squatters and vandals. However, the properly guardians presented sufficient evidence in court that their roll was to safeguard the spaces by sleeping in the buildings for a certain amount of time. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Dingemans, Filed On: October 27, 2023, Case #: CA-2022-767, Categories: Property, housing, Contract
J. Chen finds that the San Francisco Bay Area city of San Rafael can enforce restrictions on the size and locations of homeless encampments in the city, but can only do so if it modifies its original anti-camping ordinance to be less restrictive. "While the city is permitted to break up the encampment at issue, the city must allow 400-square-foot encampments, housing up to four people, and may impose a 100-foot buffer between campsites instead of 200-foot butter. The city must also ensure there is a process clearly identifying permissible sites and an orderly process by which such sites may be allocated or claimed."
Court: USDC Northern District of California, Judge: Chen, Filed On: October 19, 2023, Case #: 3:23cv4085, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, housing
J. Simms grants in part a community’s association motion to dismiss a homeowner's amended complaint for Fair Housing Act and Americans with Disabilities Act violation claiming that the association has failed to allow modifications and accommodations under the FHA and ADA. The items that were found not necessary for accommodation or modification claims to FHA are denied because there is no protection. The homeowner failed to allege any protected activity.
Court: USDC Maryland, Judge: Simms, Filed On: October 12, 2023, Case #: 8:22cv672, NOS: Housing/Accommodations - Civil Rights, Categories: Ada / Rehabilitation Act, housing
J. Sessions denies a nursing home’s motion for summary judgment in a disability discrimination claim of violation to the Fair Housing Act, Americans with Disabilities Act, Rehabilitation Act and Vermont Fair Housing and Public Accommodations Act. The nursing home denied the decedent admission due to a lack of space putting her on a waitlist; her daughter argues it was because of her mother’s mental illness. Considering all evidence, the jury could find fact and conclude the actions were in fact discrimination.
Court: USDC Vermont, Judge: Sessions III, Filed On: October 5, 2023, Case #: 2:20cv153, NOS: Housing/Accommodations - Civil Rights, Categories: Civil Rights, Ada / Rehabilitation Act, housing
J. Moeller vacates the lower court’s judgment in favor of a trust because the suing trust did not have standing to assert their claims objecting to the establishment of an affordable housing project on county land designated for public use. Costs, though not attorney fees, are issued to the sued housing authority, housing trust and county.
Court: Idaho Supreme Court, Judge: Moeller, Filed On: October 4, 2023, Case #: 48799, Categories: Trusts, housing
J. Robart grants a resident’s motion to dismiss with leave to amend for deficiencies in violation of the Fair Housing Act for denying disability accommodations. The resident has until Oct. 26, 2023, to file the amended complaint.
Court: USDC Western District of Washington, Judge: Robart, Filed On: October 4, 2023, Case #: 2:23cv1360, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Ada / Rehabilitation Act, housing
J. Gillmor grants summary judgment to the director of the state’s public housing authority in a case of a tenant accusing the director and other authority employees of discrimination and retaliation. There is no evidence that the director, who oversees thousands of public housing units, knew specifically about the individual tenant’s situation, and an email sent to the director by the tenant after the complaint was filed does not show the director had any direct knowledge of any discrimination.
Court: USDC Hawaii, Judge: Gillmor, Filed On: October 3, 2023, Case #: 1:21cv247, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Government, housing
J. Singal grants two real estate companies’ motion for summary judgment against the tenant suing them for evicting her following her allegedly completing 10 lease violations, including exiting her unit through a window, not answering her door to allow maintenance to enter her apartment to resolve issues she reported to it, causing water damage by allowing her sink to overflow, two noise complaints and making false statements about maintenance and management. The companies did what they were supposed to in attempting to accommodate both her mold allergy and her hearing impairment. While they denied specific accommodations she suggested, they explained why and were open to alternatives and informed her of her right to appeal.
Court: USDC Maine, Judge: Singal, Filed On: September 29, 2023, Case #: 2:21cv300, NOS: Housing/Accommodations - Civil Rights, Categories: Ada / Rehabilitation Act, Landlord Tenant, housing
J. Ramos finds that the landlord's 2015 minimum income policy for all prospective renters requiring an annual income of at least 43 times their total monthly rent violates the Fair Housing Act. The landlord's 2019 amendment to its policy requiring renters with a subsidy to earn just 40 times the rent in income is also illegal, as it still discriminates against people with disabilities and low-income renters. The landlord must pay $750,000 in punitive damages.
Court: USDC Southern District of New York, Judge: Ramos, Filed On: September 29, 2023, Case #: 1:18cv1564, NOS: Housing/Accommodations - Civil Rights, Categories: Civil Rights, housing