12 results for 'cat:"Municipal Law" AND cat:"Housing"'.
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
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
[Combined.] J. Lynch finds that the lower court properly held that a town could tap an escrow account established for a proposed residential resort community to assess compliance with original design parameters. When questions arose on whether a lot owner deviated from the design directives, the town was entitled to utilize the escrow account to pay the consultants retained to assist in the review. Affirmed.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: March 14, 2024, Case #: CV-23-0407, Categories: Government, municipal Law, housing
J. Georges affirms a decision granting a town’s motion for summary judgment against some of the town’s residents who brought suit against the town to compel it to transfer municipal land to its conservation commission. However, the disputed land is designated for affordable housing and cannot be used for another purpose unless the town’s select board determines it isn’t needed for affordable housing.
Court: Massachusetts Supreme Court, Judge: Georges, Filed On: January 5, 2024, Case #: SJC-13410, Categories: municipal Law, Zoning, housing
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
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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
[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. 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. 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. 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. 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. 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