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AARP Foundation Legal Advocacy

Docket: Housing and Livable Communities

    

Case Name: Freeman v. Md. Transit Admin.

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

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

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: 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: 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 Issue: Does the Fair Housing Act prohibit housing practices that discriminate through their unjustified adverse effects or only those housing practices where discriminatory intent can be proven?

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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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.