19 results for 'cat:"Property" AND cat:"Housing"'.
J. Giles grants the home owners' association's motion to dismiss claims they violated the Servicemembers Civil Relief Act and Fair Housing Act. The servicemember, new to the neighborhood, believed the home owners' association denied his request to build a fence and a second driveway because of his South Asian ethnicity. The Acts are intended to protect vulnerable people from eviction, but the servicemember failed to identify any specific parts of the Acts the HOA violated in what they say was a purely aesthetic decision that had nothing to with his ethnicity.
Court: USDC Eastern District of Virginia, Judge: Giles, Filed On: March 5, 2024, Case #: 1:23cv551, NOS: Other Civil Rights - Civil Rights, Categories: property, housing, Military
J. Lemelle denies summary judgment to the city of New Orleans and rules in favor of a group of property owners seeking short-term rental permits for lodging offered on internet platforms like Airbnb and Vrbo. The ruling bars the city from excluding surviving spouses and trust beneficiaries, such as adult children, as residential STR owners and operators, as their exclusion "has no lawful rational basis.”
Court: USDC Eastern District of Louisiana , Judge: Lemelle, Filed On: February 28, 2024, Case #: 2:19dv13773, NOS: All Other Real Property - Real Property, Categories: Government, property, housing
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J. Reiber finds the Environmental Division properly found in favor of the Vermont Permanency Initiative for a zoning permit from the town to renovate property owned by the initiative to house disabled youth. The undisputed facts show the property will be a group home for disabled youth. Affirmed.
Court: Vermont Supreme Court, Judge: Reiber, Filed On: December 21, 2023, Case #: 22-AP-324, Categories: property, housing
J. Cook finds the lower court improperly denied a developer's motion to do build housing on a plot of land. The local planning commission was found to not have sufficient evidence denying them permission based on safety issues and residential concerns. Reversed.
Court: Alabama Supreme Court, Judge: Cook, Filed On: December 8, 2023, Case #: SC-2023-0017, Categories: property, Zoning, housing
J. Sales finds a lower court properly dismissed a local housing authority's denial of accommodations to a civilian who is wheelchair bound. The housing authority argued that it provided her and her family with adequate accommodations. However, the civilian sufficiently showed in court that the property was unsuitable based on the lack of an accessible toilet on the first floor. Affirmed.
Court: Supreme Court of the United Kingdom, Judge: Sales, Filed On: November 28, 2023, Case #: 2023UKSC45, Categories: Ada / Rehabilitation Act, property, housing
[Consolidated.] J. Dingemans finds a lower court properly dismissed a housing complex company's occupation agreement claims against a group of "property guardians," who occupy vacant commercial spaces to deter squatting. The housing complex argued that the property guardians were obligated to thwart squatters and vandals. However, the properly guardians presented sufficient evidence in court that their roll was to safeguard the spaces by sleeping in the buildings for a certain amount of time. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Dingemans, Filed On: October 27, 2023, Case #: CA-2022-767, Categories: property, housing, Contract
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. Barbadoro partially grants a man’s motion for summary judgment against a woman suing him for trespass, nuisance, negligence and violation of the Federal Fair Housing Act in a dispute between the two over the boundary line between their properties. The woman’s trespass claim fails because she doesn’t offer evidence that the area being disputed actually belongs to her and she similarly fails to prove that she has a parking easement or that an easement is necessary for her. Since she fails to show the disputed portion of property belongs to her, her nuisance claim against the man for parking his construction vehicle there fails as well. However, the man fails to show that the woman is a mere trespasser on his property or that he couldn’t have predicted she’d try to park her car between the property she purchased and his construction vehicle.
Court: USDC New Hampshire, Judge: Barbadoro, Filed On: August 15, 2023, Case #: 1:21cv221, NOS: Housing/Accommodations - Civil Rights, Categories: property, Emotional Distress, housing
J. Gallagher partially denies a home loan firm its motion to dismiss allegations of race discrimination in its appraisal of a Black family’s home in application to refinance. The family was appalled at the low value the first appraiser gave. Prior to a second appraisal, the family “whitewashed” their home, putting away family photographs and other visual markers of their race and invited a white friend to stand in as homeowner. An appraiser from a different company valued the home at $750,000, a 60% increase from the first appraisal only seven month later. Also, when a company representative said the family could appeal the initial appraisal and the family filed requisite paperwork, the representative failed to act before the deadline in the appeal process. The family has adequately argued facts supporting race discrimination.
Court: USDC Maryland, Judge: Gallagher, Filed On: August 2, 2023, Case #: 1:22cv2048, NOS: Housing/Accommodations - Civil Rights, Categories: Civil Rights, property, 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. 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. 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. Fearing finds that the lower court properly declared as void a 2020 restrictive
covenant against two individuals that related to whether their homeowners association could amend its covenants to ban or regulate the use of a residence as a vacation rental. To arrive at a different conclusion would be to overrule a Supreme Court precedent, and being an intermediate appellate court, this court lacks that authority. Affirmed.
Court: Washington Court Of Appeals, Judge: Fearing, Filed On: May 16, 2023, Case #: 39299-6-III, Categories: property, housing