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William Nelson appealed a judgment ordering the sale of real property, removing him from the property, ordering him to pay past rent, and awarding Steven Nelson and Gail Nelson-Hom attorney fees for defending against his frivolous pleadings. The North Dakota Supreme Court found the district court erred in granting partial summary judgment on William Nelson's claims of undue influence and lack of mental capacity involving the execution of the quitclaim deed to the property and reversed and remanded for trial on those issues. The Supreme Court reversed the award of costs and attorney fees and remanded for reconsideration. View "Nelson v. Nelson" on Justia Law

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Plaintiffs filed suit challenging a mobile home park's policy requiring all occupants to provide documentation evidencing legal status in the United States to renew their leases as violating the Fair Housing Act (FHA). The Fourth Circuit vacated the district court's grant of summary judgment for the mobile home park, holding that plaintiffs have made a prima facie case that the policy disparately impacted Latinos in violation of the FHA, satisfying step one of the disparate impact analysis, and that the district court therefore erred in concluding otherwise. The court also held that the district court seriously misconstrued the robust causality requirement described in Tex. Dep't of Housing & Cmty. Affairs v. Inclusive Communities Project, Inc., 135 S. Ct. 2507, 2513 (2015), and erroneously rejected plaintiffs' prima facie claim that the policy disparately impacted Latinos. Accordingly, the court remanded for further proceedings. View "Giron de Reyes v. Waples Mobile Home Park LP" on Justia Law

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Vorchheimer suffers from pulmonary hypertension and other disabilities and must use a rolling walker to get around. She owned a condominium in The Philadelphian and had a reserved parking space in front of the building. Vorchheimer used her walker to get from her condo to the lobby and then used her cane from the lobby to her car. She could neither lift her walker, nor fold it, nor put it into her car, so she began leaving her walker in the lobby. The building managers refused to allow her to continue to do so, but offered her alternatives that involved having staff members take and store the walker or storing the walker in the building’s indoor garage. She sued under the Fair Housing Amendments Act, 42 U.S.C. 3604(f), claiming that her preferred accommodation was necessary to equally enjoy her home. The Third Circuit affirmed the dismissal of her complaint, holding that she had not plausibly pleaded necessity. For a housing accommodation to be “necessary” under the Act, it must be required for that person to achieve equal housing opportunity, taking into account available alternatives. Leaving the walker in the lobby was her preference but given the four alternatives offered she did not plausibly plead that it was necessary. View "Vorchheimer v. Philadelphian Owners Association" on Justia Law

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The Hayes family is a low-income family whose rent is subsidized by enhanced voucher assistance under the Housing Act, 42 U.S.C. 1437f(t) (Section 8). Enhanced vouchers exist to enable residents to “choose” to continue renting the “dwelling unit in which they currently reside.”because an ordinary voucher does not cover a tenant’s rent to the extent that it exceeds the applicable payment standard, and, following a valid opt-out, property owners are no longer subject to limitations on what they may charge for rent. The Hayes family's eligibility to receive enhanced vouchers is contingent upon their continued tenancy in a unit currently owned by Harvey. Harvey notified the Hayes family that he would not renew their lease. The Hayes family refused to vacate, arguing that as enhanced-voucher tenants, they have an enforceable “right to remain” in their unit as long as it is offered for rental housing. The district court granted Harvey summary judgment. The Third Circuit initially affirmed. On rehearing, the Third Circuit reversed. The statute’s plain language and history indicate that enhanced voucher holders may not be evicted absent good cause, even at the end of a lease term. The court remanded so that the district court may consider whether Harvey has good cause to evict. View "Hayes v. Harvey" on Justia Law

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Coyne's San Francisco property includes a building with three apartments and a free-standing, three-bedroom cottage. De Leo, age 81, had resided in the cottage since 1989. In 2012, Coyne decided to move into the cottage. Martin asked De Leo to move to the lower unit for a reduced rent. De Leo initially agreed. Martin paid that tenant $10,000 to vacate and painted the lower unit. De Leo’s son expressed concerns that no caregiver would have a place to stay if De Leo moved to the lower unit. Martin explained that he could invoke the Ellis Act to evict the tenants. De Leo refused to vacate. Martin transferred ownership to trusts, executed a tenancy in common agreement, and filed a “Notice of Intent to Withdraw Residential Units from the Rental Market” with the Residential Rent Stabilization and Arbitration Board, listing himself as the occupant of the upper unit, although he did not then reside there. Esclamado, a Coyne employee, was listed as the lower unit occupant, but no rent was listed; lower and upper units the as “owner-occupied.” After extensions, the Board recorded notices that the units would be withdrawn from the rental market (Gov. Code, 7060.2). Ultimately, Coyne obtained a judgment of possession. The court of appeal reversed. The trial court abused its discretion excluding De Leo’s evidence on the key factual issue of whether Martin had a bona fide intent to withdraw the Property from the residential rental market--evidence that Martin sold Esclamado a sham ownership interest. View "Coyne v. De Leo" on Justia Law

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Brittany Creech appealed her eviction from her from property in Williams County, North Dakota owned by Louis Tornabeni. Creech argued: (1) Tornabeni's notice of intent to evict was deficient; (2) the summary eviction proceeding violated her right to due process; (3) the district court abused its discretion in excluding certain exhibits; (4) the court's findings of fact were clearly erroneous; and (5) the delivery of the deed was defective and prevented Tornabeni from obtaining ownership of the property. Finding no reversible error, the North Dakota Supreme Court affirmed. View "Tornabeni v. Creech" on Justia Law

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Within months of her arrival at St. Andrew, a residential community for older adults, Wetzel physical and verbal abuse from other residents because she is openly lesbian. She repeatedly asked St. Andrew’s staff to help her. The staff limited her use of facilities and built a case for her eviction. Wetzel sued St. Andrew, alleging that it failed to provide her with non‐discriminatory housing and that it retaliated against her because of her complaints, citing the Fair Housing Act, 42 U.S.C. 3601–3619. The district court dismissed Wetzel’s suit. The Seventh Circuit reversed, reading the FHA “more broadly.” Not only does the FHA create liability when a landlord intentionally discriminates against a tenant based on a protected characteristic; it also creates liability against a landlord that has actual notice of tenant‐on‐tenant harassment based on a protected status, yet chooses not to take any reasonable steps within its control to stop that harassment. View "Wetzel v. Glen St. Andrew Living Community, LLC" on Justia Law

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Some of KVG’s commercial tenants got caught growing marijuana in their rental units and caused substantial damage to the premises before the police caught them. KVG speedily evicted the tenants and sought coverage from its insurers for nearly $500,000 in related losses. Westfield denied the claims. The Sixth Circuit affirmed summary judgment for Westfield, reasoning that the damage was excluded by the policy, which is the Building and Personal Property Coverage Form. Under this Form, Westfield agreed to pay for “direct physical loss of or damage to Covered Property . . . caused by or resulting from any Covered Cause of Loss.” A “Covered Cause of Loss” is any “Risk[] Of Direct Physical Loss,” with several exclusions, including that Westfield “will not pay for loss or damage caused by or resulting from” any “[d]ishonest or criminal act by you, any of your partners, members, officers, managers, employees (including leased employees), directors, trustees, authorized representatives or anyone to whom you entrust the property for any purpose.” While cultivating marijuana is a crime under federal law, it is protected by Michigan law under certain conditions but no reasonable jury could find that KVG’s tenants complied with Michigan law. View "K.V.G. Properties, Inc. v. Westfield Insurance Co." on Justia Law

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The Federal Courts Improvement Act of 1996 (FCIA) does not limit injunctive relief against an executive branch officer enforcing a court order, and the Sheriff in this case was not entitled to immunity from plaintiffs' request for declaratory and injunctive relief. The Ninth Circuit reversed the district court's dismissal of a class action challenging the constitutionality of Washington Revised Code 59.18.375, which allows tenants to be evicted from their homes without a court hearing. The panel held that original plaintiffs had standing to sue at the time they filed this action, which was the relevant time frame for analyzing Article III standing; plaintiffs who were subsequently added to the action did not have standing to sue because their circumstances left their prospects of injury too speculative to support Article III standing; and, even after original plaintiffs settled their dispute with their landlord, the action was not moot because the dispute was capable of repetition, yet evading review. On the merits, the panel held that the district court misread the statute and that the text of section 375 makes clear that a hearing was not mandatory; the Rooker-Feldman doctrine did not apply because plaintiffs were not asking the district court to review and reject the judgment entered against them in state court; the Sheriff's two alternative arguments for affirmance of the district court's judgment -- that the action must be brought under 42 U.S.C. 1983 and that the Sheriff was entitled to qualified immunity -- lacked merit; and the Sheriff's remaining arguments were without merit. Accordingly, the panel remanded for further proceedings. View "Moore v. Urquhart" on Justia Law

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Winslett sued her former landlord after he failed to make repairs to her apartment and filed an unlawful detainer action against her. Landlord responded with an anti-SLAPP (Strategic Lawsuit Against Public Participation, Code of Civil Procedure 425.16) motion to strike the claims for retaliation and retaliatory eviction (Civil Code section 1942.5) and under the Oakland Just Cause For Eviction Ordinance. The court granted the motion, awarding Landlord attorney fees and costs. The court of appeal reversed. Because the section 1942.5 scheme of retaliatory eviction remedies would be rendered significantly inoperative if the litigation privilege were to apply, section 1942.5, subdivisions (d) and (h) create an exception to that privilege. Winslett’s “Just Cause Ordinance” claim was not rooted in the unlawful detainer action, in the notice to quit, or in any other protected free speech or petitioning activity, but rather lies in the broader circumstances surrounding the eviction: the alleged pressure tactics designed to force Winslett to abandon her apartment and cease making complaints about tenantability. Because that claim does not arise out of protected activity, there were no grounds for striking it under the anti-SLAPP statute. View "Winslett v. 1811 27th Avenue, LLC" on Justia Law