209 results for 'cat:"Housing"'.
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
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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. 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. 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. 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
J. Breyer dismisses all claims from a resident who says the housing commission wrongfully denied her call for help in purchasing a home under a federal housing program that lets local housing groups help low-income families with buying a home. The program allows for "vast discretion" on what benefits are offered to whom, and there is no evidence the local housing commission violated that discretion. In fact, the commission has already helped the resident by offering her rental assistance.
Court: USDC Northern District of California, Judge: Breyer, Filed On: March 25, 2024, Case #: 3:22cv6827, NOS: Housing/Accommodations - Civil Rights, Categories: Ada / Rehabilitation Act, housing
J. Egan finds that the lower court improperly held that a city board designated to help cope with a rental housing emergency exceeded its authority. The muncipality's declaration of an emergency was based on a valid study of local properties, and the rent-adjustment guidelines and fair-market rate set by the board in an attempt to tackle the problem was within its emergency powers. Reversed in part.
Court: New York Appellate Divisions, Judge: Egan, Filed On: March 21, 2024, Case #: CV-23-0327, Categories: Municipal Law, housing
J. Frimpong grants in part a housing provider for individuals with disabilities' motion for summary judgment and denies in part the city's motion for summary judgment regarding allegations that the city enacted discriminatory zoning codes that applied more stringent rules on "group homes" which discriminate against individuals with disabilities. The housing provider has provided evidence that its residents are disabled. The city has not shown that "these ordinances benefit the disabled." The housing provider is entitled to summary judgment on its reasonable accommodation claim as the city has not shown "that the requested accommodation was not necessary, not reasonable, or would cause undue hardship."
Court: USDC Central District of California, Judge: Frimpong, Filed On: March 20, 2024, Case #: 8:20cv504, NOS: Housing/Accommodations - Civil Rights, Categories: housing
Per curiam, the appellate division finds that the lower court properly granted the city housing department's motion to dismiss the property owner's suit seeking to relitigate the question of whether the department could be compelled to issue a cure completion certificate. The property owner agreed to submit to the department's discretion on this issue under the cure agreement, and the issue is therefore barred by res judicata. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: March 19, 2024, Case #: 01501, Categories: Administrative Law, housing
J. Joseph denies requests by a city to dismiss claims of civil rights violations by organizers of a residential treatment facility for alcoholics for alleged lack of standing, after neighboring church pastors opposed the proposed $1 million sale of a 54-bedroom building for use as a sober house. While the rehab home organizers argue potential residents were subjected to disability discrimination, they also claim this discrimination led to the deprivation of their own rights when the city refused to sell it the property.
Court: USDC Western District of Louisiana , Judge: Joseph, Filed On: March 18, 2024, Case #: 3:23cv697, NOS: Other Contract - Contract, Categories: Ada / Rehabilitation Act, housing, Contract
J. Cota denies, in part, a community services district’s motion to dismiss a resident’s pro se constitutional claims arising from its alleged refusal to connect his home to the water distribution system or allow him access to the district's jobs. He makes sufficiently allegations to support his due process and retaliation claims, and "has stated the bare minimum to proceed" on his equal protection claim.
Court: USDC Eastern District of California, Judge: Cota, Filed On: March 18, 2024, Case #: 2:21cv119, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, housing, Due Process