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AARP Foundation - Legal Advocacy: Housing Docket Skip to content
 

Docket: Housing/Predatory Mortgage Lending/Livable Communities

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

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: Aponte v. Olatoye

Court: N.Y. State Ct. App. Docket: APL-2016-00130    

Read AARP Amicus Brief (PDF)

Case Result: The NY Court of Appeals ruled that it was not a violation of the Fair Housing Act to require Mr. Aponte to move out of his aging mother’s apartment when she died after he spent years caring for her and had no other home to go to.  However, the court did not accept the housing authority’s broad assertion that it never had to grant a caretaker remaining household member status as a reasonable accommodation and cited AARP Foundation’s amicus in limiting its holding to the facts at hand.


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)

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: Barkley v. United Homes

Court: U.S. Dist. Ct. ED N.Y.    Docket: 04-cv-875-(RJD)(KAM)

Read Summary and Decisions: Denying MSJ Bayview (PDF), Post Trial Motion (PDF),  Attorneys Fee Motion (PDF), Decision on Motion to Dismiss (PDF)

Case Result: AFL collected attorney's fees awarded in Barkley v. Olympia from defendants, United Homes, after compelling disclosure of financial statements and assets showing that principals of United Homes had transferred the assets in order to avoid paying the judgment. 


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

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

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: Chandler v. Wells Fargo Bank

Court: U.S. Ct. App. 9th Cir.

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: Cooper v. Senior Citizens Housing of Ann Arbor

Court: U.S. Dist. Ct. ED Mich.   Docket: 18-cv-12448-MAG-MKM

Settled: 7/24/2019

Read Complaint (PDF) Joint Press Release and Press Release (PDF) 

Case Issue: The parties reached an amicable settlement in which Lurie Terrace removed the "able to live independently" requirement from its lease and adopted model policies and practices to prevent disability discrimination and guarantee that reasonable accommodations will be available to tenants.


Case Name: Diamond v. Superior Ct. State of Cal., County of Santa Clara

Court: Ct. App. State of Cal., 6th App. Dist.    Docket: H038734

Read Summary AARP's Amicus Brief (PDF)

Case Result: A homeowner association must strictly comply with statutory notice requirements prior to initiating a judicial foreclosure based on a homeowner assessment lien.


Case Name: Fair Housing Justice Center v. Cuomo

Court: U.S. Dist. Ct. NY (Southern Dist.) Docket: 18-civ-3186

Read Complaint (PDF), Press Release (PDF) Opposition Brief (PDF)

Case Issue: Does a blanket prohibition barring users of wheelchairs from living in Adult Care Facilities regulated and funded through New York State's Department of Health violate the Fair Housing Act, the ADA, and other civil rights laws?


Case Name: Francis v. Kings Park Manor

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

Read AARP's Amicus Brief (PDF) and Decision (PDF)

Case Result: The second circuit held that a landlord may be held liable under the Fair Housing Act and the New York State Human Rights Law for failing to take prompt action to address a hostile housing environment created by one tenant targeting another based on a protected class, like race, where the landlord knew of the harassment and had the power to correct it.


Case Name: Freeman v. Rahn

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

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: Hope Fair Housing Ctr. v. Alden Gardens; H.O.P.E. v. East Gate Manor of Algonquin; H.O.P.E. v. Tabor Hills Supportive Living Cmty.

Court: U.S. Dist. Ct. ND Ill  Docket: 1:15-cv-009715; 15-009717; 15-009719

Decided: 9/6/2018

Read Complaint

Case Result: Tabor Hills, Alden Gardens, and East Gate Manor supported living facilities agreed to stop discriminating against otherwise qualified Medicaid home and community based waiver recipients who were interested in living there on the basis of a mental disability or diagnosis.  They also agreed to change their admission policies and practices, to reach out to previously denied applicants, to training and monitoring, and to pay damages and attorneys fees.


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

Court: U.S. Dist Ct. N.J. (Camden) Docket: 1:08-cv-02584-NLH-JS

Case Issue: Can the residents of the Mt. Holly Gardens redevelopment area who sued Mt. Holly Township for violations of the FHA and obtained a sweeping and comprehensive settlement be compelled to accept replacement housing with mandatory deed restrictions that is of significantly less value than the replacement housing the settlement entitles them to, and is the Township liable to the residents for monetary damages under the settlement if they must accept the deed restrictions required by the state housing program used by the non-profit developer of the replacement housing?


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 faciecase of disparate impact discrimination on the basis of race and national origin under the Fair Housing Act.


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: Pitts v. Greenstein

Court: U.S. Dist. Ct. MD La.    Docket: 3:10-cv-00635

Read Summary and Settlement Agreement (PDF)

Case Result: Louisiana agreed to restore needed home and community-based services to enable Medicaid recipients to remain in the community.


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: Wetzel v. Glen St. Andrew Living Community

Court: U.S. Ct. App. 7th Cir. Docket: 17-1322

Read Brief (PDF) and Opinion (PDF)

Case Result: The court held that landlords are liable under the FHA for failing to take reasonable steps within their control to prevent or correct known harassment on the basis of sexual orientation, even when the landlord did not have discriminatory intent. 


Case Name: Wilmington Savings Fund v. Castillo

Read Counterclaim ESP (PDF), Counterclaim ENG (PDF), Prensa ESP (PDF), Press Release ENG, and Article ESP, Article ENG

Case Issue: Do reverse mortgage borrowers have a contractual obligation to return an annual notarized certificate of occupancy?


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