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Docket: Housing/Predatory Mortgage Lending/Livable Communities

Case Name: Ryan v. Mary Ann Morse Healthcare

Court: Supreme Judicial Ct., Mass. Docket: SJC-12708

Decided: 12/5/2019

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

Case Result: The Mass. Supreme Judicial Court held that the Assisted Living Residence (ALR) statute, incorporates applicable consumer protection laws, including the Landlord-Tenant Security Deposit Law. As a result, ALRs may no longer charge general community fees like the $2,800 fee at issue in this case. An ALR is not in violation if it charges an upfront fee for the distinctive services assisted living facilities provide that are not applicable to traditional landlord-tenant relationships, such as fees related to initial assessments of residents to determine their suitability for placement in an assisted living facility. 


Case Name: City of Oakland v. Wells Fargo

Court: U.S. Ct. App. 9th Cir. Docket: 19-15169

Filed: 9/10/2019

Read AARP's Amicus Brief (PDF)

Case Issue: Can Oakland sue Wells Fargo for harm to the city caused by its predatory loans in minority neighborhoods?


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 NameWilmington Savings Fund v. Castillo

Court: Fajardo Superior Court Docket: FA2018cv01073

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

Filed: 6/26/2019

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


Case Name: Francis v. Kings Park Manor

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

Decided: 3/4/2019

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: Fair Housing Justice Center v. Cuomo

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

Filed: 4/12/2018, Opposition brief filed 10/9/2018

Read Complaint (PDF), Press Release (PDF), and 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: 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: The Illinois Department of Healthcare and Family Services (HFS), Department of Human Services (DHS), the Department of Aging (DoA), and the Governor, agreed to make changes to its Supported Living Program (SLP), a Medicaid Home and Community Based Waiver Program, to ensure that no individual was denied admission to the SLP on the basis of a mental disability or diagnosis.  The settlement included requirements for training of staff throughout the agencies, notification to past applicants who may have been improperly denied admission, notice to nursing homes, service providers, and disability organizations that SLPS were now an available housing service to those with mental disabilities who were otherwise qualified, three years of monitoring, and the payment of almost $900,000 in attorneys’ fees to local counsel and AARP Foundation attorneys.


Case Name: Wetzel v. Glen St. Andrew Living Community

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

Decided: 8/27/2018

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: 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

Filed: 5/25/2018

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: Aponte v. Olatoye

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

Decided: 2/15/2018

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: 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: 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: 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: 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: 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?


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