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AARP Foundation Legal Advocacy

Docket: Housing

    

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: 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: 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: Jesinoski v. Countrywide Home Loans

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

Read AARP's Amicus Brief (PDF)

Case Issue: Is rescission of a mortgage under the Truth-in-Lending Act accomplished by the consumer's notification of the creditor or must the consumer file suit to accomplish rescission?

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: 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 Result: Jury instructions in fair housing rental advertising case misleadingly stated standard to determine if advertisement is impermissibly discriminatory under Fair Housing Act. 

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)

Read Summary

Case Result: Settlement permits housing and economic development to go forward in lower income neighborhood while allowing plaintiffs to move into newly built affordable homes designed for aging in place.

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: 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

Read Summary

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

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Legal Cases

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.

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 priority areas: Hunger, Income, Housing and Isolation, and ensure that those 50 and older have a voice in the laws and policies that affect their daily lives.