207 results for 'cat:"Housing"'.
J. Diaz finds the lower court properly granted judgment to the homeowner. The owner and the county have been embroiled in litigation over whether her large vacation home, boasting 24 bedrooms, 25 bathrooms, and a pool, complies with county and state zoning requirements. A recent amendment to North Carolina’s state zoning law meant the home now complies with county and state requirements. Affirmed.
Court: 4th Circuit, Judge: Diaz, Filed On: May 17, 2024, Case #: 22-1785, Categories: Property, Zoning, housing
Per curiam, the Supreme Judicial Court of Massachusetts upholds the denial of a homeowner’s motion to vacate a judgment, to amend a complaint and to impose sanctions against mortgage servicers and their counsel. The homeowner fails to demonstrate extraordinary circumstances warranting the relief that he seeks. Affirmed.
Court: Massachusetts Supreme Court, Judge: Per curiam, Filed On: May 16, 2024, Case #: SJC-13459, Categories: Property, housing, Foreclosure
Per curiam, the Supreme Judicial Court of New Hampshire reverses an order upholding the determination that two owners of a trailer are not allowed to rent out their travel trailer for short term occupancy. The plain language of the relevant zoning ordinance allows such short-term occupancy rentals. Reversed.
Court: New Hampshire Supreme Court, Judge: Per curiam, Filed On: May 14, 2024, Case #: 2023-0189, Categories: Municipal Law, Zoning, housing
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. Glickman upholds the superior court's finding for a condo developer and neighboring condominium on a condo association's claims pertaining to rooftop restrictions the developer agreed to include in its bylaws to appease the neighboring condo and attain a permit to build a condo exceeding height limitations. The bylaws, which were amended properly, are not unreasonable. Affirmed.
Court: DC Court of Appeals, Judge: Glickman, Filed On: May 9, 2024, Case #: 21-CV-0798 , Categories: Licensing, Real Estate, housing
J. Suddaby dismisses the Second Amendment Foundation, a gun rights advocacy group with over 720,000 members across the country, from a civil rights lawsuit that claims a housing authority violates their members’ right to bear arms by prohibiting tenants from possessing any firearms as a condition of their Section 8 housing benefits. The court rules the advocacy group lacks representational and associational standing to bring suit under a 50-year legal precedent.
Court: USDC Northern District of New York, Judge: Suddaby, Filed On: May 9, 2024, Case #: 5:23cv1540, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, housing, Firearms
J. Peterson grants the resident partial summary judgment for her Violence Against Women Act (VAWA) claim in her complaint accusing the housing authority of evicting her from its Alderwood Apartments without notice after her abusive husband, a veteran who obtained housing with a Veterans Affairs Supportive Housing voucher, removed her as a beneficiary of his VASH voucher with the housing authority's help but without notifying the resident. The housing authority claims that it had no obligation to give the resident notice of its actions because she was not the head of the household or the VASH voucher holder, but the VAWA requires that all adult tenants are sent notice of such actions.
Court: USDC Western District of Washington, Judge: Peterson, Filed On: April 26, 2024, Case #: 2:22cv1757, NOS: Housing/Accommodations - Civil Rights, Categories: Civil Rights, housing
J. Boom finds for the housing authority in civil rights claims because evidence indicates a tenant's support dog had a history of aggression towards other residents, and his request for accommodations allowing the dog to be kept off-leash was unreasonable. Meanwhile, the tenant failed to demonstrate he had been retaliated against or subjected to a hostile living environment.
Court: USDC Western District of Kentucky, Judge: Boom, Filed On: April 19, 2024, Case #: 3:22cv463, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Ada / Rehabilitation Act, housing
J. Copenhaver denies the homeowner's motion to remand back to Kanawha County Circuit Court her suit seeking to halt the non-judicial foreclosure of her South Charleston home by the deed holder and the substitute trustee. The homeowner's attempt at remand by filing an amended complaint removing a claim under the Fair Debt Collection Practices Act is futile since the court's original jurisdiction was fixed once the deed holder filed its notice for removal, and judicial economy is best served by the court retaining supplemental jurisdiction on her state law claims.
Court: USDC Southern District of West Virginia, Judge: Copenhaver, Filed On: April 18, 2024, Case #: 2:24cv103, NOS: Consumer Credit - Other Suits, Categories: Consumer Law, housing, Jurisdiction
Per curiam, the appellate division finds that the lower court improperly granted the landlord's petition to impose rent increases based on the installation of major capital improvements. The city agency reasonably applied part K amendments from the Housing Stability and Tenant Protection Act when considering the landlord's applications. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 16, 2024, Case #: 02003, Categories: housing, Agency
J. Trauger grants in part the third-party defendant's dismissal motion in this dispute involving alleged violations of the Fair Housing Act at an apartment complex. The third-party complaint, which was brought by the previous property owner and a developer, alleges that the architect had a duty to design the property in compliance "with all applicable codes, rules, and regulations" and asserts claims for indemnification and breach of contract. The state law claim for equitable indemnification is dismissed, as "it is preempted under the FHA." The equitable contribution claim is not preempted, however, and it survives dismissal.
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: April 9, 2024, Case #: 3:23cv297, NOS: Housing/Accommodations - Civil Rights, Categories: Civil Procedure, housing, Indemnification
J. Young enters judgment in favor of University of Massachusetts officials against an RA who acted sexually inappropriately towards female college students and then sued the university after it took disciplinary action against him, including requiring him to take a remedial behavior class, forbidding him from contacting the victims and banning him from campus housing. While sharing unpopular opinions is sometimes necessarily permitted in university settings for educational discourse, universities also have a duty to protect their students from the misconduct of other students. The RA also touched at least one female student in a way that was unwanted when he touched her feet without consent.
Court: USDC Massachusetts, Judge: Young, Filed On: April 9, 2024, Case #: 1:23cv12077, NOS: Education - Civil Rights, Categories: Education, housing, First Amendment
J. Jackson grants the landlord defendants' motion for partial summary judgment and dismisses the tenants' claims for failure to accommodate under the Fair Housing Act and the Oklahoma Fair Housing Law. The court concludes that the "requested accommodation was neither necessary nor reasonable." The tenants were allegedly denied a one-year lease renewal, but the standard lease was only for six months. Also, the evidence shows that they moved out of the apartment 32 days "before their required move-out date."
Court: USDC Eastern District of Oklahoma, Judge: Jackson, Filed On: April 8, 2024, Case #: 6:23cv115, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Landlord Tenant, housing
J. Benton finds a lower court properly dismissed three Fannie Mae and Freddie Mac shareholders' claims that the Federal Housing Finance Agency and the Department of Treasury wrongfully eliminated a removal restriction under the Housing and Economic Recovery Act. The shareholders argued that the Treasury's liquidation preference diminishes their interest in the two finance systems companies. However, the treasury sufficiently showed in court that the shareholders failed to plead any harm. Affirmed.
Court: 8th Circuit, Judge: Benton, Filed On: March 28, 2024, Case #: 23-1051, Categories: Government, housing, Banking / Lending
J. Goodwin grants the motion of the vice-president of the mortgage servicing company to dismiss the former customer's predatory lending suit, finding the customer "sets forth few allegations of fact aside from a brief recitation of vague and conclusory assertions." Additionally, the court sanctions the customer for his history of vexatious litigation and prohibits him from filing future pleadings in the Southern District without either seeking leave of the court or retaining the assistance of legal counsel.
Court: USDC Southern District of West Virginia, Judge: Goodwin, Filed On: March 28, 2024, Case #: 2:23cv429, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Sanctions, housing
J. Hoffstadt finds that the trial court properly rejected a facial challenge to the constitutionality of legislation granting cities and counties some discretion to preempt local law in order to increase housing density on a parcel-by-parcel basis. The legislature can supersede local zoning and land use law to address matters of statewide concern, such as a housing shortage. The legislation's preemption of local housing density caps is limited and does not run afoul of voter initiative rights. The legislation permissibly delegates the legislature's preemptive power to local legislative bodies. Affirmed.
Court: California Courts Of Appeal, Judge: Hoffstadt, Filed On: March 28, 2024, Case #: B321875, Categories: Preemption, Zoning, housing
J. Anderson affirms the tax court's determination that the affordable-housing charity used its property in furtherance of its charitable purpose by leasing that property to low-income people for personal residence, and that the leases therefore did not alter the property's tax-exempt status. Affirmed.
Court: Minnesota Supreme Court, Judge: Anderson, Filed On: March 27, 2024, Case #: A23-0737, Categories: Tax, housing
J. Newey finds a lower court improperly dismissed a civilian's accommodation claims against a city council. The city council argued that it provided him with adequate housing. However, the civilian presented sufficient evidence in court that he is entitled to a housing upgrade to accommodate his three children who visit regularly. Reversed.
Court: Her Majesty's Court of Appeal, Judge: Newey, Filed On: March 27, 2024, Case #: CA-2023-758, Categories: Family Law, Government, housing