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The AARP Foundation Litigation Update, our quarterly email newsletter, provides information about our current activities and cases.

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AARP Foundation Legal Advocacy

Docket: Housing

    

Case Name: Gilchrist v. Hialeah Hous. Auth.

Court: U.S. Dist. Ct. Fla.

Case Result: Case voluntary dismissed when plaintiff moved to another jurisdiction and Housing Authority agreed to re-examine policies concerning live in aides and reasonable accommodations.

Case Name: Guggenheim v. City of Goleta

Court: U.S. Ct. App. 9th Cir.    Docket: 06-56306

Read Summary and AARP's Amicus Brief (PDF)

Case Result: Ordinance limiting rent increases for owners of mobile homes is not unconstitutional taking of mobile home park owners' property.

Case Name: Herriott v. Channing House

Court: U.S. Ct. App. 9th Cir.

Read Summary

Case Result: As a result of a confidential settlement, the parties agreed to dismiss the appeal.

Case Name: Hyatt v. Northern California Presbyterian Homes and Services

Court: U.S. Dist. Ct. ND Cal.

Read Summary

Case Result: Case resulted in a confidential settlement.

Case Name: Kolbe v. BAC Home Loans Servicing

Court: U.S. Ct. App. 1st Cir.  Docket: 11-2030

Read AARP's Amicus Brief (PDF)

Case Issue: Do FHA mortgage lenders have discretion to require a borrower to carry flood insurance in excess of amount HUD sets as the minimum amount of insurance necessary to protect the mortgage loan?

Case Name: Lodge v. United Homes

Court: U.S. Ct. App. 2d Cir.  Docket: 12-1710

Read Decision, Attorney fees v. Bayview (PDF)

Case Result: Court sanctioned defendants because their conduct had disrupted and lengthened the litigation and caused plaintiffs to expend unnecessary time and resources. Parties settled the sanctions dispute by defendants paying plaintiffs counsel 90% of the disputed fees and costs.

Case Name: Magner v. Gallagher

Court: U.S. Supreme Court

Read Summary AARP's Amicus Brief (PDF)

Case Result: Parties settled case leaving intact ruling that the manner in which the city implemented code enforcement scheme created an adverse discriminatory impact that violated the Fair Housing Act (FHA).

Case Name: Miami Valley Fair Housing Ctr. v. The Connor Group

Court: U.S. Ct. App. 6th Cir.   Docket: 12-3284

Read Summary AARP's Amicus Brief (PDF)

Case Issue: Does "Great Bachelor Pad! . . . apartments are a great bachelor pad for any single man looking to hook up" violate the Fair Housing Act's provision barring discriminatory advertising?

Case Name: Mt. Holly Gardens Citizens in Action v.Twp. of Mt. Holly (on remand)

Court:  U.S. Dist. Ct. N.J.  Docket:  08-2584 (NLH) (JS)

Case Issue: Is it a violation of the Fair Housing Act to adopt redevelopment plan that includes demolition, wholesale relocation and replacement of current affordable housing with more expensive housing in a way that causes an adverse disparate impact on African American and Latino residents?

Case Name: Mt. Holly Gardens Citizens in Action v.Twp. of Mt. Holly

Court:  U.S. Dist. Ct. N.J.  Docket:  08-2584

Case Result: Township could proceed with eminent domain to demolish and displace current residents who are predominantly minority because residents had not shown the town's actions had caused a disparate impact.

Case Name: Mt. Holly Gardens Citizens in Action v. Twp. of Mt. Holly

Court: U.S. Ct. App. 3d Cir.

Read Summary 

Case Result: Evidence in pre-trial motions established a prima facie case of disparate impact discrimination on the basis of race and national origin under the Fair Housing Act.

Case Name: Nativi v. Deutsche Bank Nat. Trust

Court: Ct. App. State of Cal., 6th App. Dist.     Docket: H037715

Read AARP's Amicus Brief (PDF)

Case Result: What are a tenant's rights under the federal Protecting Tenants at Foreclosure Act?

Case Name: Sabi v. Sterling

Court: Cal. Ct. Appeal, 2d App. Dist., Div. 8  Docket: No. B205279

Read AARP's Amicus Brief (PDF)

Case Result: Landlord's refusal to accept tenant's Section 8 Voucher did not violate California's source of income discrimination law on state and federal disability discrimination laws.

Case Name: Twp. of Mt. Holly v. Mt. Holly Gardens Citizens in Action

Court: U.S. Supreme Court  Docket: 11-1507

Case Issue: Are disparate impact claims cognizable under Fair Housing Act?

Case Name: United Homes v. Barkley

Court: U.S. Ct. App. 2d Cir.  Docket: 12:2909; 12:2912; 12:3619; 12:3621

Case Issue: Was there sufficient evidence to sustain the jury verdict and damages awards for fraud, conspiracy to commit fraud and violation of the NY General Business Law, and did the court abuse its discretion in its award of attorneys' fees to plaintiffs?

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Find the most recent cases in which AFL has advocated in courts nationwide for the rights of older persons, and filed AARP’s amicus curiae (“friend of the court”) briefs that help courts decide precedent-setting cases.

About
Foundation Litigation

AARP Foundation Litigation (AFL) is an advocate in courts nationwide for the rights of people 50 and older, addressing diverse legal issues that affect their daily lives and assuring that they have a voice in the judicial system. Learn more about our litigation teams.