207 results for 'cat:"Housing"'.
J. Chasanow denies a townhome owner his motion to dismiss allegations of housing discrimination brought by a tenant. After both parties signed the lease, the owner discussed his sex life with the tenant and pressured her to date and have sex with him, including sending nudes and asking if he could stay with her. The tenant clearly rebuffed him each time, but the owner persisted and also allegedly spied on the tenant and her family. The tenant is allowed to proceed because she has proficiently argued violations of the covenant of quiet enjoyment.
Court: USDC Maryland, Judge: Chasanow, Filed On: June 26, 2023, Case #: 8:22cv2065, NOS: Housing/Accommodations - Civil Rights, Categories: Landlord Tenant, housing
J. Feldman finds that the lower court improperly denied the City of Olympia's request to toss a petition challenging a city ordinance that increased the permitted types of housing in residential districts. The ordinance is exempt from legal challenges such as this under the State Environmental Policy Act. Reversed.
Court: Washington Court Of Appeals, Judge: Feldman, Filed On: June 26, 2023, Case #: 85048-2-I, Categories: Environment, Municipal Law, housing
J. Brady dismisses fair housing claims for lack of jurisdiction because plaintiff, a "tester" who seeks out properties that fail to provide accommodations, failed to demonstrate he suffered injury.
Court: USDC Northern District of Indiana, Judge: Brady, Filed On: June 23, 2023, Case #: 1:22cv396, NOS: Housing/Accommodations - Civil Rights, Categories: Ada / Rehabilitation Act, housing, Jurisdiction
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Petrou finds that the trial court improperly held that a city's 2005 loan agreement with a developer barred the later imposition of impact fees on the project. The agreement cannot be interpreted in a way that infringes on the City's police powers to enforce affordable housing, transportation and capital improvement impact fee ordinances. Reversed.
Court: California Courts Of Appeal, Judge: Petrou, Filed On: June 22, 2023, Case #: A164315, Categories: Municipal Law, Zoning, housing
J. Rodriguez denies motions by a tenant seeking relief from lower court findings in a landlord-tenant eviction dispute because the tenant has not provided adequate information to seriously consider his appeals. Concerning a hearing that the tenant disputes, this court does not have “a copy of the reporter’s record or even a docket entry indicating that a hearing took place.”
Court: Texas Courts of Appeals, Judge: Rodriguez, Filed On: June 20, 2023, Case #: 08-23-00035-CV, Categories: Civil Procedure, Property, housing
J. Hull finds that 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: June 20, 2023, Case #: C093603, Categories: Municipal Law, Zoning, housing
J. Wood finds that the lower court properly found for the mortgage servicer in a False Claims Act suit brought by a former employee. The employee showed that the alleged false representations to the U.S. Department of Housing and Urban Development were material to the agency's decision to pay out various claims under the federal mortgage insurance program. However, she cannot show that the false representations caused the subsequent default, and therefore that the agency suffered a monetary loss. Affirmed.
Court: 7th Circuit, Judge: Wood, Filed On: June 14, 2023, Case #: 22-1553, Categories: Fraud, housing, False Claims
J. Palafox denies motions for rehearings from both parties following a dispute between a resident and a condominium association over allegedly unpaid fees that resulted in a foreclosure judgment against the resident. However, the lower court did err in granting no-evidence summary judgment against the resident after he argued he had stopped paying fees because the condominium breached its duty to him by not performing repairs. While this alleged lack of repairs did not excuse defendant from paying fees, it did nonetheless provide him with his own valid cause of action. Affirmed in part.
Court: Texas Courts of Appeals, Judge: Palafox, Filed On: June 13, 2023, Case #: 08-21-00057-CV, Categories: housing, Foreclosure, Contract
J. Treadwell partially finds in favor of the city in an action brought by the developers alleging that the city violated the federal Fair Housing Act and Georgia Fair Housing Act by backing out of agreements to build an affordable housing development. Two developers failed to create a triable issue of fact as to whether the city intentionally discriminated on the basis of race when it rescinded a commitment resolution. The developers cannot show that community opposition to the development was based on racial animus even in light of social media comments equating affordable housing to crime and drug use. The developers also cannot show that the city was not justified in rescinding the resolution because of the reduction in commercial retail space. However, a genuine issue of fact exists as to whether the city retaliated against the developers for the exercise of their rights under the Fair Housing Act based on threats made by the city's counsel.
Court: USDC Middle District of Georgia, Judge: Treadwell, Filed On: June 13, 2023, Case #: 5:20cv159, NOS: Housing/Accommodations - Civil Rights, Categories: housing
J. Lorenz dismisses claims brought by a short-term rental alliance group seeking to enjoin the City of San Diego from enforcing ordinances that regulate short-term residential rentals not occupied by the host. The ordinance does not target property owners, whether they occupy the rental property or not, but rather distinguishes between short-term rentals based on whether they are occupied by a host. The ordinance does not require that the property owner act as the host. The city has legitimate reasons for the ordinance, including preserving the available housing inventory and preserving the neighborhood character.
Court: USDC Southern District of California, Judge: Lorenz, Filed On: June 12, 2023, Case #: 3:22cv1831, NOS: Housing/Accommodations - Civil Rights, Categories: Constitution, Municipal Law, housing
J. Palafox finds a lower court ruled correctly in issuing a take-nothing summary judgment against a home developer after it sued a HOA for several claims in a dispute over HOA rules prohibiting it from working on a home in the subdivision. The developer raised a range of alleged issues with the lower court finding, including arguing that the “Architectural Control Committee” for the HOA had acted “arbitrarily and capriciously,” but the developer has raised no points to show either that the HOA’s rules were unreasonable or illegal or that it was treated differently than other developers may have been. Affirmed.
Court: Texas Courts of Appeals, Judge: Palafox, Filed On: June 12, 2023, Case #: 08-22-00134-CV, Categories: Property, housing, Contract
J. Wright denies in part a management company's motion for judgment as a matter of law in a disability discrimination suit in which a jury found in favor of a tenant after the management company refused to assign the tenant a handicap accessible space in front of the apartment. The management company challenges the ruling, claiming that it provided a reasonable alternative accommodation. Evidence does not support the jury's verdict that the management company caused the individual harm, or the $250,000 award in emotional distress damages. However, the jury did not err in finding that the management company's offer to move the individual to another apartment was not a reasonable alternative accommodation. The management company's motion for a new trial is granted.
Court: USDC Central District of California, Judge: Wright, Filed On: June 7, 2023, Case #: 2:21cv3275, NOS: Housing/Accommodations - Civil Rights, Categories: Ada / Rehabilitation Act, housing
J. Sannes preserves claims for contribution, breach of contract and violations of various federal and state housing and discrimination laws brought by a group of 28 senior housing complexes against an architectural firm alleging they failed to provide architectural plans for housing renovations that were complaint with the federal housing regulations. The court finds the owners’ claims are not preempted or barred by the Fair Housing Act and that they have standing to bring claims that were assigned to them by a group of Fair Housing organizations who had filed a previous complaint stemming from the housing violations.
Court: USDC Northern District of New York, Judge: Sannes, Filed On: June 7, 2023, Case #: 5:22cv278, NOS: Housing/Accommodations - Civil Rights, Categories: Civil Rights, Construction, housing
J. Miller finds that the trial court properly found in favor of the landlord in a housing discrimination action brought by the tenant under the Fair Housing Act and Georgia's Fair Business Practices Act. The action arose from a dispute over whether the landlord made reasonable accommodations for the tenant's PTSD disability. There is no evidence that the landlord ever actually refused the tenant's request for a service animal or took negative actions against him for his service animal. The tenant failed to show that waiving pet fees was necessary to accommodate his PTSD. Affirmed.
Court: Georgia Court of Appeals, Judge: Miller, Filed On: June 7, 2023, Case #: A23A0568, Categories: housing
J. Barbier grants summary judgment to the Federal National Mortgage Association establishing the liability of the owner of six separate borrowers, all of which are the owner’s limited liability companies, which are all now in bankruptcy. The fact that the borrowers filed for bankruptcy automatically accelerated the federal loan, and the borrowers became personally liable for all payments immediately due, without any written notice required from Fannie Mae.
Court: USDC Eastern District of Louisiana , Judge: Barbier, Filed On: June 2, 2023, Case #: 2:22cv2588, NOS: Other Contract - Contract, Categories: Bankruptcy, housing, Banking / Lending
J. Claire recommends denying, in part, a group of individuals’ motion to dismiss a family’s pro se housing discrimination claims. The family has sufficiently stated claims for disability discrimination, ineffective communication under the Americans with Disabilities Act, accessibility of services and due process violations.
Court: USDC Eastern District of California, Judge: Claire, Filed On: May 31, 2023, Case #: 2:22cv1699, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, housing, Due Process
J. Newey finds a lower court properly dismissed a mixed used building owner's breach of lease claims against an apartment complex. The mixed used building owner argued that the apartment complex operator breached a shared ownership lease. However, the apartment complex operator presented sufficient evidence in court that it was entitled to acquire the right to manage certain blocks of flats that housed qualifying tenants.
Court: Her Majesty's Court of Appeal, Judge: Newey, Filed On: May 30, 2023, Case #: CA-2022-1754, Categories: Landlord Tenant, housing, Contract
J. Land finds that the trial court properly ruled partially in favor of the son in a wrongful death and negligence action against the apartment complex arising from its failure to provide a personal emergency response device to the father. The father died after suffering a stroke in the complex. The trial court correctly found in favor of the son on the issue of the complex's negligence per se and did not abuse its discretion in allowing an expert in property management to testify. Affirmed.
Court: Georgia Court of Appeals, Judge: Land, Filed On: May 30, 2023, Case #: A23A0462, Categories: Negligence, housing, Wrongful Death
J. Melgren grants a class of elderly residents' motion for class certification for fair housing violations and warranty of habitability, but denied their motion for injunctive relief. The class sufficiently showed that a retirement center failed to remedy bed- bug infestations, decaying rodents, and mold.
Court: USDC Kansas, Judge: Melgren, Filed On: May 24, 2023, Case #: 2:22cv2047, NOS: Housing/Accommodations - Civil Rights, Categories: housing, Class Action, Contract
J. Brasel grants summary judgment to the city and its officials in the landlords' suit against them alleging that a rent-stabilization ordinance passed by voters in 2021 is unconstitutional under the Minnesota and U.S. Constitutions. The ordinance does not substantially impair the landlords' leases under the contract clause and it appropriately and reasonably advances a significant and legitimate purpose, namely ensuring that residents have access to affordable housing. The landlords also have not shown that the ordinance violates the Due Process Clause, causing their Section 1983 claim to fail, and a preemption claim under state law is moot. Finally, the ordinance does not create a regulatory taking under either Constitution.
Court: USDC Minnesota, Judge: Brasel, Filed On: May 22, 2023, Case #: 0:22cv1589, NOS: Constitutionality of State Statutes - Other Suits, Categories: Constitution, Municipal Law, housing
J. Wallis finds the trial court lacked subject matter jurisdiction over an eviction dispute between the tenant and the property owner, as the tenant asserts. The trial court, a county court, lacked jurisdiction because the tenant claimed an equitable interest in the relevant property due to a $65,000 deposit she made to purchase and improve it, making the lawsuit an ejectment action that only circuit courts can handle. The trial court's judgment in favor of the property owner is overturned, and the case is remanded so it can be transferred to circuit court. Reversed.
Court: Florida Courts Of Appeal, Judge: Wallis, Filed On: May 19, 2023, Case #: 21-2570, Categories: Property, housing, Jurisdiction
J. Kelly finds a lower court properly granted summary judgment in favor of the government on Fair Housing Act claims against a landlord. The landlord argued that the lower court erred in imposing punitive damages. However, the government sufficiently showed in court that the landlord violated the FHA by imposing different lease agreements based on familial status, and for evicting an unmarried couple who had a newborn baby. Affirmed.
Court: 8th Circuit, Judge: Kelly, Filed On: May 19, 2023, Case #: 22-1444, Categories: Landlord Tenant, housing, Contract