22 results for 'cat:"Landlord Tenant" AND cat:"Housing"'.
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. Berkenkotter finds the trial court erroneously ruled in favor of the landlord on his eviction claim because Colorado law allowed the tenant to assert the affirmative defense of retaliation under the Colorado Fair Housing Act. Although a landlord may bring a forcible entry and detainer action against a tenant for "no reason or any reason," due process requires a tenant be given the opportunity to rebut evidence presented by the landlord; therefore, the tenant in this case must be allowed to present her retaliation claim based on allegations the landlord evicted her when she refused to have sex with him. Reversed.
Court: Colorado Supreme Court, Judge: Berkenkotter, Filed On: February 20, 2024, Case #: 2024CO11, Categories: Civil Procedure, landlord Tenant, housing
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J. Wilkinson finds the lower court improperly granted judgment to the property owners instead finding their policy violated the Fair Housing Act because it disproportionately ousted Latinos from the rental properties. The property owners began requiring proof of renters' legal status to renew leases, arguing they were protecting themselves against federal anti-harbouring laws. The anti-harbouring statute does not apply to landlords merely leasing to undocumented immigrants. Reversed.
Court: 4th Circuit, Judge: Wilkinson, Filed On: January 23, 2024, Case #: 22-1660, Categories: Immigration, landlord Tenant, housing
J. Poissant finds that the trial court properly ruled in favor of the landlord in a dispute with a former tenant who alleged claims including familial status discrimination after receiving lease violation notices due to complaints by her downstairs neighbor about noise from her children. The former tenant did not show a prima facie case of disparate treatment against families by the landlord. Affirmed.
Court: Texas Courts of Appeals, Judge: Poissant, Filed On: December 14, 2023, Case #: 14-22-00169-CV, Categories: landlord Tenant, housing, Contract
J. Shanker upholds the superior court's finding for a housing co-op on a granddaughter's contract claims arising from an occupancy agreement the co-op had with her now-deceased grandmother. The granddaughter did not apply for membership in the co-op, and the co-op was under no contractual obligation to buy the estate's membership shares when the membership was not transferred through inheritance. Affirmed.
Court: DC Court of Appeals, Judge: Shanker, Filed On: December 14, 2023, Case #: 22-CV-0646, Categories: landlord Tenant, Wills / Probate, housing
J. Singal grants two real estate companies’ motion for summary judgment against the tenant suing them for evicting her following her allegedly completing 10 lease violations, including exiting her unit through a window, not answering her door to allow maintenance to enter her apartment to resolve issues she reported to it, causing water damage by allowing her sink to overflow, two noise complaints and making false statements about maintenance and management. The companies did what they were supposed to in attempting to accommodate both her mold allergy and her hearing impairment. While they denied specific accommodations she suggested, they explained why and were open to alternatives and informed her of her right to appeal.
Court: USDC Maine, Judge: Singal, Filed On: September 29, 2023, Case #: 2:21cv300, NOS: Housing/Accommodations - Civil Rights, Categories: Ada / Rehabilitation Act, landlord Tenant, 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. 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. 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. 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. 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. 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