207 results for 'cat:"Housing"'.
J. Donnelly finds that the lower court properly granted the nonprofit housing organization's petition for a writ of mandamus to compel the production of certain documents from Ohio Fair Plan because the agency is a "public office" under the Ohio Public Records Act. Although it does not perform a governmental function, Ohio Fair Plan was created by the legislature and handles administrative appeals regarding housing insurance, which renders it a public office subject to the type of records requests made by the nonprofit. Affirmed.
Court: Ohio Supreme Court, Judge: Donnelly, Filed On: August 3, 2023, Case #: 2023-Ohio-2667, Categories: Government, Public Record, 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. Jesson reverses the district court's denial of the tenant's request for expungement of his eviction record. District courts have inherent authority to expunge such records, and on remand the district court is to apply a balancing test established in 1981 by the Minnesota Supreme Court for such cases, considering the difficulties the petitioner has demonstrated in securing housing as a result of the record, the nature and seriousness of the reason for eviction, the potential risk a petitioner may pose and the impact of that risk on the public's right to access records, any additional similar offenses or rehabilitative efforts since the eviction, objective evidence of hardship and how much, if any, back rent is owe and if there is a payment plan in place. Reversed.
Court: Minnesota Court Of Appeals, Judge: Jesson, Filed On: July 31, 2023, Case #: A22-1645, Categories: Public Record, housing
J. Lindblom finds a lower court properly dismissed a historic building trust's motion for judicial review concerning a local borough's grant of planning permission for a mixed use development. The historic building trust argued that the decision was unfair based on the absence of a vote, and that the presiding judge erred in tossing out claims that the proposed development should be deferred due to local opposition. However, the local borough presented sufficient evidence in court that the only parties who are entitled to vote on the matter are counsellors and committee members who have been involved in the proposal throughout planning permission. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Lindblom, Filed On: July 31, 2023, Case #: CA-2022-2041, Categories: Construction, Government, housing
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J. Wise finds the lower court properly found for a homeowners association's in its action to shut down a homeowner's daycare. The provision to ban commercial businesses like her daycare was valid and enforceable, while the owner presented no evidence to support her claim that other tenants were allowed to operate businesses without punishment. Furthermore, the lower court properly dismissed her disability discrimination counterclaim, as the owner failed to provide documentation that her or her son's disabilities required them to stay and work from home, or required an accommodation be granted by the association. Affirmed.
Court: Ohio Court Of Appeals, Judge: Wise, Filed On: July 31, 2023, Case #: 2023-Ohio-2660, Categories: Ada / Rehabilitation Act, housing, Contract
J. Triana finds that the trial court improperly ruled in favor of an Austin resident in a damages case she filed against the local housing authority stemming from a fall she claims was due to a premises defect caused by a construction project at her building. The housing authority’s governmental immunity was not waived by the resident’s claims; therefore, the trial court should have granted its motion to dismiss. Revered.
Court: Texas Courts of Appeals, Judge: Triana, Filed On: July 31, 2023, Case #: 03-22-00085-CV, Categories: Government, Immunity, 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. Triana finds that the district court improperly ruled in part in a housing dispute between the owner of a rental property and a tenant who refused to leave once his lease expired. The tenant was not afforded additional time to conduct discovery on his claims that were dismissed by the district court. However, the district court acted reasonably to permanently enjoin the tenant from entering the property. Reversed in part.
Court: Texas Courts of Appeals, Judge: Triana, Filed On: July 27, 2023, Case #: 03-22-00002-CV, Categories: Landlord Tenant, housing
J. Kelley denies one real estate agency's motion to dismiss and partially grants another agency's motion to dismiss class action claims accusing them of violating the Fair Housing Act through their participation in a tenant-screening software. The real estate agency that developed the software argues that it is not at fault because housing providers make the final decision of whom to house, but this argument fails because the agency does not disclose the factors its software uses to "automate human judgment" or allow housing providers to change which factors are used. However, the tenants fail to provide substantial evidence that the agency has acted in an unfair way.
Court: USDC Massachusetts, Judge: Kelley, Filed On: July 26, 2023, Case #: 1:22cv10800, NOS: Housing/Accommodations - Civil Rights, Categories: Real Estate, housing, Class Action
J. Rubin finds that the trial court properly granted the neighborhood advocacy group's request for a writ of mandate preventing the city from following through on a project that would replace apartments subject to rent stabilization with a hotel. The advocacy group argues that the project is not consistent with a general plan policy concerning the preservation of affordable housing, and the record does not indicate that the city weighed and balanced all applicable policies regarding preservation of affordable housing and relocation of tenants. Affirmed.
Court: California Courts Of Appeal, Judge: Rubin , Filed On: July 25, 2023, Case #: B321050, Categories: Municipal Law, housing
[Consolidated.] J. Humes holds that the trial court properly found that a town was within its discretion to deny an application to develop a 186-acre property for safety and environmental reasons. The town's land-use actions did not amount to a regulatory taking and neither side preserved their inverse condemnation arguments. The "Study" land-use designation did not deprive the owners of equal protection or due process because the town had a rational basis for its actions and the owners were still able to pursue development. But the town must amend the property's "Study" land-use designation, which is non-conforming. The owners are not due costs and attorney fees because they had clear financial incentives to pursue litigation. Affirmed.
Court: California Courts Of Appeal, Judge: Humes, Filed On: July 19, 2023, Case #: A163636, Categories: Environment, Zoning, housing
J. Chambers denies the nonprofit corporation’s motion to dismiss the city’s suit for declaratory judgment that the Fair Housing Act and Americans with Disabilities Act do not exempt the nonprofit’s 14 sober living homes from inspection by the city fire marshal under municipal building and fire codes. The court finds “that a judgment in the case would likely ‘serve a useful purpose’ in settling the issue of whether The Lifehouse may avoid Huntington’s inspections and regulations in totality.”
Court: USDC Southern District of West Virginia, Judge: Chambers, Filed On: July 13, 2023, Case #: 3:22cv402, NOS: Housing/Accommodations - Civil Rights, Categories: Municipal Law, Zoning, 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
[Modified.] J. Hull modifies a short-term rental opinion and denies a petition for rehearing with no change in judgment. The trial court, which rejected a challenge to a city measure that prohibits short-term rentals in parts of South Lake Tahoe, properly found that property owners did not have vested property rights in short-term rental permits. However, resident property owners sufficiently pleaded that the measure facially discriminates against interstate commerce, so the trial court must determine if the city can show that a carve-out that allows residents to rent out their homes for 30 days per year cannot be adequately satisfied by nondiscriminatory alternatives. Reversed in part.
Court: California Courts Of Appeal, Judge: Hull, Filed On: July 12, 2023, Case #: C093603, Categories: Municipal Law, Zoning, housing
J. Sanchez finds that the trial court properly rejected a combined land use and Environmental Quality Act challenge to the approval of a mixed-use housing project. The city had discretion to determine whether the mixed-use project qualified for its "residential village" land use category. The developer was not required to create a new environmental impact report to address traffic, hazardous materials and other issues that were adequately addressed in the original report or by subsequent expert reports. Affirmed.
Court: California Courts Of Appeal, Judge: Sanchez, Filed On: July 7, 2023, Case #: G061427, Categories: Environment, Zoning, housing
J. Barbador denies both parties’ motions for summary judgment in a case where real estate developers are suing a town for violation of the Fair Housing Act by placing a year-long moratorium on issuing new building permits and approving new site plans, as well as adopting an ordinance that limits new residential construction, directly following the real estate developers’ proposal to develop affordable housing. The town’s claims that the developers failed to submit a formal site plan and that their proposed project fails to comply with an ordinance that has nothing to do with the moratorium they enacted fail to stand up under scrutiny because both claims relate to the specific development plan that was rejected rather than the proposed development and its goals.
Court: USDC New Hampshire, Judge: Barbadoro, Filed On: July 7, 2023, Case #: 1:21cv770, NOS: Housing/Accommodations - Civil Rights, Categories: Real Estate, Zoning, housing
J. Coogler refuses to find for a property management company on a 72-year-old disabled veteran's housing case, in which he claims his landlord refuses to accept his Section 8 housing vouchers. The veteran's request is reasonable, as he is not asking for lower rent, but only asking the landlord to accept that part of his rent is paid by the local housing authority.
Court: USDC Northern District of Alabama , Judge: Coogler, Filed On: June 28, 2023, Case #: 2:22cv254, NOS: Housing/Accommodations - Civil Rights, Categories: Landlord Tenant, housing
J. Andrews finds a lower court improperly dismissed a local borough's denial of a residential property license to a property owner. The property owner argued that he was fit to obtain licensing from a housing authority. However, he fraudulently claimed in an application that the homes he owned did not have gas appliances. Reversed.
Court: Her Majesty's Court of Appeal, Judge: Andrews, Filed On: June 27, 2023, Case #: CA-2022-2032, Categories: Licensing, Real Estate, housing
J. Chambers grants the modular home manufacturing company’s request in its complaint to compel arbitration in the Putnam County couple’s claim of defects in the construction of their home, finding any decision on whether the parties satisfied the mediation prerequisite in the sales agreement is one for the arbitrator to decide. Since he was neither a signatory nor an indispensable party to the contract, the court grants the husband’s motion to dismiss himself from the suit.
Court: USDC Southern District of West Virginia, Judge: Chambers, Filed On: June 26, 2023, Case #: 3:22cv504, NOS: Arbitration - Other Suits, Categories: Arbitration, housing, Business Practices
J. Stearns denies a couple's motion for summary judgment on their claims against a residential architect and his counterclaims. There are questions of fact regarding their breach of contract and breach of implied covenant of good faith and fair dealing, along with the architect's own contract claim they owe him more than $1.3 million.
Court: USDC Massachusetts, Judge: Stearns, Filed On: June 26, 2023, Case #: 1:21cv10527, NOS: Other Contract - Contract, Categories: housing, Contract