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AARP Foundation Legal Advocacy

Docket: Housing and Livable Communities

    

Case Name: Francis v. Kings Park Manor

Court: U.S. Ct. App. 2d Cir.  Docket: 15-1823

Read AARP's Amicus Brief (PDF)

Case Issue: Are landlords liable for unlawful discrimination under the Fair Housing Act (FHA) when they fail to take reasonable action after a tenant brings complaints of harassment or a continuing pattern of racially discriminatory conduct by another tenant? Under the FHA, are plaintiffs required to show that the defendant acted with discriminatory intent in these circumstances?

Case Name: Freeman v. Md. Transit Admin.

Court: Md. Fed. Dist. Ct. N. Div.  Docket: G15-cv-00149

Read Summary

Case Issue: Did state transit administration discriminate against individuals with disabilities by improper administration of its paratransit program?

Case Name: Hope Fair Housing Ctr. v. Alden Gardens

Court: U.S. Dist. Ct. ND Ill  Docket: 1:15-cv-009715

Read Complaint

Case Issue: Is it a violation of the Fair Housing Act, ADA, and Section 504 to deny housing to a person who has a history of mental illness?

Case Name: Hope Fair Housing Ctr. v. East Gate Manor of Algonquin

Court: U.S. Dist. Ct. ND Ill  Docket: 1:15-cv-009717

Read Complaint

Case Issue: Is it a violation of the Fair Housing Act, ADA, and Section 504 to deny housing to a person who has a history of mental illness?

Case Name: Hope Fair Housing Ctr. v. Tabor Hills Supportive Living Cmty.

Court: U.S. Dist. Ct. ND Ill  Docket: 1:15-cv-009719

Read Complaint

Case Issue: Is it a violation of the Fair Housing Act, ADA, and Section 504 to deny housing to a person who has a history of mental illness?

Case Name: Huntington Continental Townhouse Ass'n v. The JM Trust

Court: Cal. Ct. App., 4th App. Dist.   Docket: G049624

Read Summary and AARP's Amicus Brief (PDF)

Case Issue: Does state law require homeowner associations to accept partial payments from delinquent homeowners?

Case Name: Jesinoski v. Countrywide Home Loans

Court: U.S. Supreme Court  Docket: 13-684

Read Summary and AARP's Amicus Brief (PDF)

Case Result: Homeowners who rescind their morgage within the three-year limitation period in the Truth in Lending Act are not required to file a lawsuit to effectuate that rescission as statute only requires written notice to the lender.

Case Name: Kolbe v. BAC Home Loans Servicing

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

Read Summary AARP's Amicus Brief (PDF)

Case Result: En banc court was evenly split on the merits, resulting in the decision of the district court to permit lenders insured through the FHA mortgage program to require greater amounts of flood insurance than is necessary to protect the outstanding mortgage balance.

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 several defendants because their conduct had disrupted and lengthened the litigation and caused plaintiffs to expend unnecessary time and resources. On appeal, parties settled dispute by defendants paying 90 percent of the fees and costs.

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 Summary AARP's Amicus Brief (PDF)

Case Result: Bona fide leases survive foreclosure under federal Protecting Tenants Against Foreclosure Act (PTFA); and state law claims may be brought to enforce the PTFA.

Case Name: O'Connor v. Eden Management

Court: U.S. Dist. Ct. ND Ill.     Docket: 13cv7391

Read Summary and Complaint (PDF)

Case Issue: Is it a violation of Fair Housing Act, ADA, and Section 504 to deny housing to a person who has a history of mental illness?

Case Name: Plunkett v. HUD

Court: U.S. Dist. Ct. D.C.   Docket: 14-cv-00326

Read Summary and Class Complaint for Declaratory and Injunctive Relief (PDF)

Case Issue: Did HUD fail to protect surviving spouses of reverse mortgage borrowers from foreclosure and eviction after the death of their spouses as required by the HECM statute?

Case Name: Rodriguez v. Village Green Realty

Court: U.S. Ct. App. 2d Cir.   Docket: 13-4792

Read Summary and AARP's Amicus Brief (PDF)

Case Issue: If property manager tells renter that property is no longer suitable for her daughter who has epilepsy and other learning impairments and that family should move closer to health care providers, did court err in finding that daugher was not a person with a disability under the Fair Housing Act and that statement did not indicate a preference, limitation or discrimination based on disability?

Case Name: Texas Dep't of Hous. and Cmty. Affairs v. The Inclusive Communities Project

Court: U.S. Supreme Court  Docket: 13-1371

Read Summary and AARP's Amicus Brief (PDF)

Case Result:The Court found that the disparate impact standard is cognizable under the Fair Housing Act (FHA) and that the Act not only prohibits intentional acts of discrimination, but also housing practices that have an unjustified discriminatory effect.

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

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

Read Summary

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?

Case Name: Willits v. Carter & City of Los Angeles

Court: Cal. Ct. App.    Docket: B241060

Read Summary and AARP's Amicus Brief (PDF)

Case Result:  Non-opt out provision of settlement violated due process.

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Find
Legal Cases

Find 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. The cases within the drop-down categories below are in alphabetical order for ease of searching.

Strengthening Law and Policy through
Legal Advocacy

Our legal advocacy initiatives  - conducted by AARP Foundation Litigation (AFL) - reflect more than 15 years of work in federal and state courts across the country. Through our efforts, we support the Foundation’s four impact areas: Tackling Senior Hunger, Paving the Way to Stable Income, assuring the adequacy and availability of Safe and Afffordable Housing and Reconnecting People to Families and Communities, and ensure that those 50 and older have a voice in the laws and policies that affect their daily lives.