Justia Landlord - Tenant Opinion Summaries

Thorncreek, a Park Forest townhouse complex, applied to the Village for a permit to use a vacant townhouse as a business office but began to conduct its business from the townhouse without a permit. The Village cited it for zoning violations and operating without the required permit. The Village later filed suit to halt the zoning and operating violations and to redress certain building-code violations. Thorncreek counterclaimed against the Village and 10 officials, claiming civil-rights violations under 42 U.S.C. 1981, 1983, 1985, and 1986 and the Illinois Civil Rights Act. Two Thorncreek "areas" went into foreclosure. Thorncreek blamed the Village’s regulatory overreach in denying a business license, interfering with business operations, refusing to grant a conditional use permit, failing to issue a certificate of occupancy, and unequally enforcing a building-code provision requiring electrical upgrades, based on irrational animus against Clapper, the owner, and racial bias against its black residents. A jury found the Village and Village Manager Mick liable for a class-of-one equal-protection violation; found Mick and Kerestes, the director of community development, liable for conspiracy (section 1985(3)); otherwise rejected the claims, and awarded $2,014,000 in compensatory damages. Because the jury rejected the race-based equal-protection claim, the judge struck the verdict against Kerestes. The judge awarded $430,999.25 in fees and $44,844.33 in costs. The Seventh Circuit affirmed, rejecting challenges to the judgment against Mick, the admission of evidence concerning Clapper’s wealth, and the admission of Thorncreek’s financial records. View "Thorncreek Apartments I, LLC v. Village of Park Forest" on Justia Law

Thorncreek, a Park Forest townhouse complex, applied to the Village for a permit to use a vacant townhouse as a business office but began to conduct its business from the townhouse without a permit. The Village cited it for zoning violations and operating without the required permit. The Village later filed suit to halt the zoning and operating violations and to redress certain building-code violations. Thorncreek counterclaimed against the Village and 10 officials, claiming civil-rights violations under 42 U.S.C. 1981, 1983, 1985, and 1986 and the Illinois Civil Rights Act. Two Thorncreek "areas" went into foreclosure. Thorncreek blamed the Village’s regulatory overreach in denying a business license, interfering with business operations, refusing to grant a conditional use permit, failing to issue a certificate of occupancy, and unequally enforcing a building-code provision requiring electrical upgrades, based on irrational animus against Clapper, the owner, and racial bias against its black residents. A jury found the Village and Village Manager Mick liable for a class-of-one equal-protection violation; found Mick and Kerestes, the director of community development, liable for conspiracy (section 1985(3)); otherwise rejected the claims, and awarded $2,014,000 in compensatory damages. Because the jury rejected the race-based equal-protection claim, the judge struck the verdict against Kerestes. The judge awarded $430,999.25 in fees and $44,844.33 in costs. The Seventh Circuit affirmed, rejecting challenges to the judgment against Mick, the admission of evidence concerning Clapper’s wealth, and the admission of Thorncreek’s financial records. View "Thorncreek Apartments I, LLC v. Village of Park Forest" on Justia Law

The Ninth Circuit affirmed the district court's judgment on the pleadings in an action challenging a city ordinance that limits the rights of landlords to commence and conduct buyout negotiations. The panel held that the Ordinance did not prevent plaintiffs, an individual property owner and several landlord organizations, from commencing buyout negotiations if a tenant refuses to sign the disclosure form; the Disclosure Provision did not violate plaintiffs' First Amendment rights; the creation of a publicly searchable database of buyout agreements did not violate landlords' right to privacy under the California Constitution; the Ordinance did not violate landlords' rights to equal protection or due process; and the Condominium Conversion Provision did not violate landlords' "liberty of contract." View "San Francisco Apartment Assoc. v. City and County of San Francisco" on Justia Law

The Ninth Circuit affirmed the district court's judgment on the pleadings in an action challenging a city ordinance that limits the rights of landlords to commence and conduct buyout negotiations. The panel held that the Ordinance did not prevent plaintiffs, an individual property owner and several landlord organizations, from commencing buyout negotiations if a tenant refuses to sign the disclosure form; the Disclosure Provision did not violate plaintiffs' First Amendment rights; the creation of a publicly searchable database of buyout agreements did not violate landlords' right to privacy under the California Constitution; the Ordinance did not violate landlords' rights to equal protection or due process; and the Condominium Conversion Provision did not violate landlords' "liberty of contract." View "San Francisco Apartment Assoc. v. City and County of San Francisco" on Justia Law

Hosford, severely disabled and wheelchair-bound, has muscle spasms and pain.Since 1989, Hosford has resided at Foghorn's Baltimore CIty Ruscombe Gardens Apartments, subsidized through a federal “Section 8” project-based program. Hosford signed a “Drug-Free Housing Policy” with his lease. In 2014, the complex had a bed bug infestation. An extermination company entered Hosford’s unit and saw a marijuana plant growing in his bathtub. They reported this to the management office. A responding police officer concluded the plant was marijuana, confiscated it, and issued a criminal citation. A police chemist concluded that the plant was marijuana. A nolle prosequi was entered on the possession charge. Foghorn gave Hosford a notice of lease termination. When he did not vacate, Foghorn initiated an eviction. The Court of Appeals held that Maryland Code, Real Property 8-402.1(b)(1), which provides that a court ruling on a landlord-tenant dispute must conclude that a breach of a lease is “substantial and warrants an eviction” before granting judgment for possession of the leased premises, is not preempted by federal regulations mandating that subsidized Section 8 project-based housing developments include lease provisions that engaging in any drug-related criminal activity on or near the leased premises is grounds for termination of the lease. View "Chateau Foghorn, LP v. Hosford" on Justia Law

Meadows worked for the Rockford Housing Authority (RHA), and leased, for $10 per month, an RHA apartment in a high-rise occupied by elderly and disabled tenants. RHA tenants complained that someone else was living in Meadows’s apartment. RHA’s manager saw an unidentified man leave the apartment and lock the door with a key and reported to RHA’s director, who contacted Metro, a private security company under contract with the RHA. Metro employee Novay, knocked on the door and spoke with a Sockwell, who stated that he was renting the apartment. Novay took Sockwell’s key and escorted him from the building. Meadows returned to the apartment, and, without notifying RHA or Metro, installed a new lock. That evening, RHA's director suggested changing the apartment's locks to protect the other tenants. The next morning, Meadows went to the police station to report that his apartment “had been ransacked.” Novay arrived to supervise the locksmith and found that Sockwell’s key no longer worked. The locksmith picked the locks. Meadows arrived, became enraged, tried to physically remove Novay, and called the police. Meadows was given a new key and allowed to remain in the apartment that day. Meadows sued Metro’s employees under 42 U.S.C. 1983. The Seventh Circuit affirmed summary judgment for the defendants; the employees of a private security company, who carried out the RHA’s order, are entitled to qualified immunity. View "Meadows v. Rockford Housing Authority" on Justia Law

Freddie Mac is a privately-owned, publicly-chartered financial services corporation, 12 U.S.C. 1452, created to provide stability in the secondary residential mortgage market. Piszel began working as the CFO of Freddie Mac in 2006. Piszel with a signing bonus of $5 million in Freddie Mac restricted stock units that would vest over four years, an annual salary of $650,000, and performance-based incentive compensation of $3 million a year in restricted stock. If terminated without cause, Piszel would receive a lump-sum cash payment of double his annual salary and certain restricted stock units would continue to vest. In 2008, facing Freddie Mac's potential collapse, Congress passed the Housing and Economic Recovery Act,12 U.S.C. 4511, establishing the FHFA as Freddie Mac's new primary regulator, with authority to disaffirm any contract, after which damages for the breach would be limited to “actual direct compensatory damages.” The Act contained a limit on “golden parachutes.” Piszel alleges that he was terminated without cause and Freddie Mac “refused to provide him with any of the benefits to which he was contractually entitled.” The Claims Court dismissed his allegations of an unconstitutional taking. The Federal Circuit affirmed, noting that Piszel’s breach of contract claim remains intact despite the legislation, particularly in light of Piszel’s assertion that his contract called for “deferred compensation,” rather than a golden parachute. View "Piszel v. United States" on Justia Law

In 2006, the Zoretics rented a Castilian Court condominium. Their landlord stopped paying condominium assessments and lost possession to Castilian in 2008. Castilian obtained an eviction order. The Cook County Sheriff evicted the family in January 2009. Later that day, Castilian’s agent allowed them to reenter the unit, agreeing they would sign a new lease. Zoretic never signed the lease or paid rent. After receiving no response to two letters, Castilian’s lawyers obtained a new date stamp (April 2009) from the Clerk on the September 2008 order and placed the order with the Sheriff. On June 5, deputies knocked, announced their presence, got no answer, opened the door, and entered the unit with guns drawn. They found Zoretic, put down their weapons, conducted a protective sweep, and escorted Zoretic out of the unit. Days later, Zoretic sued and was awarded possession until Castilian obtained a lawful eviction order. The family returned, continued not paying rent, and were evicted in March 2012. Zoretic sued under 42 U.S.C. 1983. The court granted the defendants summary judgment. The Seventh Circuit reversed as to Fourth Amendment claims against the deputies, but affirmed as to claims of intentional infliction of emotional distress against the owners. Zoretic failed to create a material factual dispute about whether the owners were extreme and outrageous in pursuing eviction. View "Zoretic v. Darge" on Justia Law

In 2013, Plaintiff, a participant in the Section 8 Federal Housing Choice Voucher Program, listed among her assets a trust that had been established in 2010 to hold Plaintiff's proceeds from a series of tort settlements. The Brookline Housing Authority (BHA) subsequently determined that Plaintiff was “over-income” for continued participation in the Program, as locally administered by the BHA. Plaintiff appealed, requesting that the BHA exclude at least some of these trust disbursements from its income calculation in reasonable accommodation of her disability. The BHA reaffirmed its determination. Thereafter, Plaintiff sued, alleging that the BHA had violated state and federal law by incorrectly calculating her income under the relevant federal regulations and by engaging in disability-based discrimination. The district court ruled in favor of BHA. The First Circuit (1) reversed the district court’s ruling on Plaintiff’s 42 U.S.C. 1983 claim brought under the Housing Act, holding that the BHA misconstrued federal regulations in calculating Plaintiff’s income; (2) vacated the district court’s ruling on Plaintiff’s state and federal discrimination claims and remanded with instructions to dismiss those claims as moot; and (3) affirmed the district court’s denial of Plaintiff’s remaining claims. Remanded. View "DeCambre v. Brookline Housing Auth." on Justia Law

In 2009-2010, eight tenants were evicted from their respective homes for alleged violations of the Lansing Housing and Premises Code. Each eviction followed an inspection of the buildings conducted in conjunction with criminal drug investigations. Each inspector summarized his findings in an eviction “red-tag” notice form, which he gave to the tenant; none of the red-tags provided any information regarding the right to appeal and have an administrative hearing. Each stated: “You must contact the undersigned, no later than ... to set up an appointment to meet at the structure (to verify that all corrections have been completed) or to acquire an authorized extension. Before the re-inspection you must obtain all required permits and have those repairs inspected .... If you have any questions or concerns about complying within the time indicated, you may contact ….” None of the tenants filed an appeal within the 20-day period prescribed by the code. They later filed suit. The Sixth Circuit reversed the district court’s denial of the Inspectors’ qualified immunity defense with respect to the constitutional adequacy of the notice. Sixth Circuit precedent did not clearly establish that a notice of eviction must include a direct explanation of the post-deprivation appeals process. View "Gardner v. Evans" on Justia Law