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AARP Foundation Legal Advocacy

Docket: Housing and Livable Communities

    

Case Name: Freeman v. Rahn

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

Court Approved Settlement: 2/3/2017

Read Summary and Settlement

Case Result: AFL favorably settled claims that the Maryland Transit Authority paratransit eligibility and telephone reservation systems violated the ADA.

Case Name: Bank of Am. v. City of Miami; Wells Fargo Co. v. City of Miami

Court: U.S. Supreme Court  Docket: 15-1111 & 15-1112 (consolidated)

Filed: 10/7/2016

Read AARP's Amicus Brief (PDF)

Case Issue: Does the term "aggrieved" in the Fair Housing Act impose a zone-of-interst requirement more stringent than the injury-in-fact requirement of Article III of the Constitution to have standing to sue; and whether the City is an "aggrieved person" under the Fair Housing Act so that it could sue lendees for predatory practices that led to foreclosures and increased costs for the City.

Case Name: American Ins. Ass'n v. U.S. Dep't of Housing and Urban Dev.

Court: U.S. Dist Ct. D.C.  Docket: 13-cv-00966-RJL

Filed: 9/13/2016

Read AARP's Amicus Brief (PDF)

Case Issue: Does HUD's final rule, "Implementation of the Fair Housing Act's Discriminatory Effects Standard," violate the Fair Housing Act (FHA) because it allows plaintiffs (1) to show disparate impact only by demonstrating a statistical disparity and (2) displace challenged policy choices without showing theirs are at least as effective? Does the FHA preclude the application of the Rule to homeowner insurers specifically because (1) the Rule "pervasively injects" race into what was a previously "race-blind" process and (2) insurance law requirements break the causal chainbetween the alleged discriminatory acts and the injury claimed by plaintiffs?

Case Name: Chandler v. Wells Fargo Bank

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

Decided: 3/14/2016

Read Summary

Case Result: In a disappointing ruling for surviving heirs, the U.S. Court of Appeals for the Ninth Circuit upheld a federal district court ruling that lenders are not required to honor foreclosure protections in federal regulations when those regulations are not specifically incorporated into the mortgage agreement.

Case Name: Bernard v. CitiMortgage HAMP Litigation (In re)

Court: U.S. Ct. App. 9th Cir.  Docket: 13-80214

Decided: 3/2/2016

Read Summary and Amicus Brief (PDF)

Case Result: The Ninth Circuit affirmed, finding that the district court's denial of class certification was not clear error. The district court cited numerous examples of individual issues that would predominate over issues common to the class regarding whether CitiMortgage breached its Temporary Trial Period deadline and, if so, what damages were caused by the breach. Additionally, it found the Plaintiffs had failed to affirmatively allege that they met one of the prerequisities for seeking class action relief.

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

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

Filed: 10/30/2015

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

Filed: 10/30/2015

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

Filed: 10/30/2015

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: Francis v. Kings Park Manor

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

Filed: 9/22/2015

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

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

Decided: 6/28/2015

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: Rodriguez v. Village Green Realty

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

Decided: 6/2/2015

Read Summary and AARP's Amicus Brief (PDF)

Case Result: The second circuit held that: 1) no particular form of evidence (medical, etc.) is needed to demonstrate a disability, even under the Fair Housing Act's tougher standard (same as the pre-2008 Amendments ADA); 2) an impairment that limits one's ability to secure housing or, importantly, that is perceived to limit that ability, constitutes a disability; and 3) that one can make a discriminatory statement about the availability of housing under the FHA regardless of whether the person in question is actually disabled.

Case Name: Snyder v. Castro

Court: U.S. Dist. Ct. D.C.  Docket: 15-cv-00568-ESH

Filed: 4/15/2015

Read Complaint (PDF)

Case Issue: Did HUD viloate the statutory requirement to protect non-borrowing spouses in its reverse mortgage program?

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: Bennett v. HUD

Court: U.S. Dist. Ct. D.C.  Docket: 1:14-CV-326(ESH)

Case Issue: Is HUD's determination on remand that surviving spouses of reverse mortgage borrowers are entitled to no relief arbitrary, capricious, and an abuse of discretion or otherwise illegal?

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: 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: 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.

Case Name: Bennett v. Donovan

Court: U.S. Dist. Ct. D.C.

Press Release

Read Motion for Summary Judgment (PDF) and Memo in Further Support of MSJ (PDF)

Case Result: HUD withdrew its appeal of decision holding that HUD rule which fails to protect surviving spouses of reverse mortgage borrower was in violation of HECM statute.

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?

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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.