207 results for 'cat:"Housing"'.
Per curiam, the Fifth Circuit finds the district court improperly dismissed claims brought by the former Director of Procurement for the Houston Housing Authority, alleging that it bypassed federal regulations in violation of the False Claims Act. The cited government action bar provides that an action may not be brought if it is “based upon... a civil suit or an administrative... money penalty proceeding in which the Government is already a party.” An Inspector General audit did not qualify as a government action as it is not a civil action or “administrative... money penalty proceeding.” Claims against the city and property management companies were properly dismissed. Affirmed in part.
Court: 5th Circuit, Judge: Per curiam, Filed On: September 22, 2023, Case #: 21-20435, Categories: Government, housing, False Claims
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. Robart denies the loanee's motion to add a Fair Housing Act claim in her amended complaint alleging that the loan agency falsely mischaracterized an "exorbitantly priced mortgage loan" as a commercial loan. The loanee's claims that the loan agency discriminated against her when issuing her loans in January 2018 and January 2019 are barred by the FHA's two-year statute of limitations for discrimination claims.
Court: USDC Western District of Washington, Judge: Robart, Filed On: September 21, 2023, Case #: 2:22cv531, NOS: Foreclosure - Real Property, Categories: housing, Foreclosure
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J. Vitter denies a request by a mortgage lender to dismiss breach of contract claims brought by a mortgage note holder related to a default on a $292,027 mortgage loan and the resulting foreclosure of a New Orleans property. Because the litigants incorporated federal housing regulations into both the mortgage and the note, the note holder has stated a plausible breach of contract claim.
Court: USDC Eastern District of Louisiana , Judge: Vitter, Filed On: September 15, 2023, Case #: 2:23cv1594, NOS: Other Contract - Contract, Categories: housing, Foreclosure, Contract
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
J. Reichek finds that the lower court properly rendered a default judgment awarding possession of the property to the housing authority in this eviction case. The appellant contends that he arrived at the courtroom three minutes after the judgment. However, he fails to show that the lower court erred by not setting aside the judgment. Affirmed.
Court: Texas Courts of Appeals, Judge: Reichek, Filed On: September 14, 2023, Case #: 05-22-00357-CV, Categories: Civil Procedure, housing
J. Robie finds that the trial court properly upheld a county's certification of a 848-acre multi-use development. The climate change analysis in the project's environmental impact report relied on a methodology that was never rejected by state appellate courts as alleged by an opponent of the project. The methodology the county used did not compare the project's greenhouse gas emissions with a "statewide business-as-usual goal," which the lead agency did in a case cited by the opponent. Affirmed.
Court: California Courts Of Appeal, Judge: Robie, Filed On: September 7, 2023, Case #: C095631, Categories: Environment, Zoning, housing
J. Matsumoto dismisses, for lack of subject matter jurisdiction, an elderly tenant’s due process claims that allege the U.S. Department of Housing and Urban Development and a property manager illegally increased his monthly rent from $688 to $1,521. He fails to allege the department had any involvement in the decision to increase his rent. As well, the court finds the department does not have the authority to grant the relief he seeks.
Court: USDC Eastern District of New York, Judge: Matsumoto, Filed On: September 6, 2023, Case #: 1:22cv3539, NOS: Other Civil Rights - Civil Rights, Categories: housing, Due Process, Jurisdiction
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. Kovner rejects a challenge to the constitutionality of New York City’s Senior Affordable Rental Apartments financing program, claiming it violates due process and equal protection rights. A property developer, who is in the process of developing an affordable housing projected aimed at the elderly homeless population. The developer says the program denied its request to waive its acquisition cost policy which limits financing to the amount equal to the property’s appraisal value at the time it was purchased. The court finds the property developer does not have a protected property interest to the additional financing that it requested.
Court: USDC Eastern District of New York, Judge: Kovner, Filed On: August 31, 2023, Case #: 1:22cv3080, NOS: Other Civil Rights - Civil Rights, Categories: housing, Due Process, Equal Protection
J. Shin vacates the extension of an abuse prevention order because such an order is meant to be used to protect people from abuse from a family or household member, and while the plaintiff and defendant lived together in the same dorm room, they did not prepare or eat meals together or participate in communal activities with each other and there relationship was limited to just sharing a dorm room.
Court: Massachusetts Court Of Appeals, Judge: Shin, Filed On: August 28, 2023, Case #: 22-P-944, Categories: Family Law, housing, Assault
J. Mendheim finds that the trial court wrongly calculated damages in a breach of contract suit between a homeowner and homebuyer, where the damages should have been calculated based on the house market value at the time of the breach of contract instead of the new appraisal market value. Reversed and remanded.
Court: Alabama Supreme Court, Judge: Mendheim, Filed On: August 25, 2023, Case #: SC-2022-0965, Categories: Damages, housing, Contract
J. Lewis finds a lower court properly dismissed a single mother's Equality Act violations against a local local borough. The single mother, who unintentionally became homeless, argued that the local borough failed to secure her and her children with adequate housing. However, the bureau presented sufficient evidence in court that it secured housing in a private sector, despite her request to live in London. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Lewis, Filed On: August 22, 2023, Case #: CA-2022-1935, Categories: Government, housing
J. Alston denies the landlord of privatized military housing's motion to dismiss claims it violated the Virginia Consumer Protection Act. The tenant's alleged misrepresentations about the condition of the landlord's rentals relate to facts (rather than opinions), such as the extent of moisture, mold or pest infestation problems and whether those problems had been properly remediated.
Court: USDC Eastern District of Virginia, Judge: Alston, Filed On: August 21, 2023, Case #: 1:22cv286, NOS: All Other Real Property - Real Property, Categories: Landlord Tenant, housing, Military
J. Theofanis finds that the trial court improperly ruled against a tenant in a forcible detainer suit filed against her by an apartment complex. After the trial court ruled to force the tenant off the premises, she appealed, arguing that the apartment complex had not complied with statutory requirements to notify her to leave the property. The apartment complex did not give timely notice, thus rendering the trial court’s decision improper. Reversed.
Court: Texas Courts of Appeals, Judge: Theofanis, Filed On: August 17, 2023, Case #: 03-22-00070-CV, Categories: Landlord Tenant, Property, housing
J. Easterbrook finds that the lower court properly found for the banks made predatory loans to minority homeowners, then foreclosed on the loans in a way that injured the county. Damages under the Federal Housing Act are only available to those who suffered first-tier injuries as a result of the banks' conduct, which would be the borrowers in this case. Affirmed.
Court: 7th Circuit, Judge: Easterbrook, Filed On: August 16, 2023, Case #: 22-1407, Categories: housing, Banking / Lending
J. Barbadoro partially grants a man’s motion for summary judgment against a woman suing him for trespass, nuisance, negligence and violation of the Federal Fair Housing Act in a dispute between the two over the boundary line between their properties. The woman’s trespass claim fails because she doesn’t offer evidence that the area being disputed actually belongs to her and she similarly fails to prove that she has a parking easement or that an easement is necessary for her. Since she fails to show the disputed portion of property belongs to her, her nuisance claim against the man for parking his construction vehicle there fails as well. However, the man fails to show that the woman is a mere trespasser on his property or that he couldn’t have predicted she’d try to park her car between the property she purchased and his construction vehicle.
Court: USDC New Hampshire, Judge: Barbadoro, Filed On: August 15, 2023, Case #: 1:21cv221, NOS: Housing/Accommodations - Civil Rights, Categories: Property, Emotional Distress, housing
J. Norton grants the attorney general a stay of claims in which the NAACP seeks a declaratory judgment that would allow it to provide legal advice to tenants facing eviction, without threat of legal action from the state for providing legal advice without a law license, pending a ruling by the North Carolina Supreme Court regarding the NAACP Housing Advocate project.
Court: USDC South Carolina Aiken, Judge: Norton, Filed On: August 14, 2023, Case #: 2:23cv1121, NOS: Civil Rights - Habeas Corpus, Categories: Licensing, housing
J. Newey finds a lower court properly dismissed a resident's request for housing accommodations. The resident, a native of Somalia, argued that she is entitled to a "suitable" place to live under the Housing Act after being forced to leave a room provided to her by the asylum support services. However, the local borough presented sufficient evidence in court that it provided her with adequate accommodations in a hostel with access to a shared bathroom and kitchen. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Newey, Filed On: August 11, 2023, Case #: CA-2022-408, Categories: Immigration, housing
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