AFL Docket Housing Legal Advocacy
AFL Docket Housing - Legal Advocacy Legal Advocacy
Read AARP's (PDF)
Case Issue: Did HUD act illegally in failing to protect surviving spouses of reverse mortgage borrowers from foreclosure and eviction after the death of their spouses, as required by statute?
Case Name: Bennett v. Donovan Court: U.S. Dist. Ct. D.C. Read Case Result: After case filed, HUD revoked reverse mortgage policies preventing surviving spouse/heirs from purchasing property by paying the lesser of the loan balance or 95% of fair market value; court failed to decide if statute prevents foreclosure of property occupied by surviving spouse.
Case Name: Carter v. Huntington Title & Escrow
Court: Md. Ct. App. Docket: 413
Read AARP's (PDF)
Case Result: Class action challenging title company's failure to give homeowners benefit of lower "reissue" rate for title insurance on refinanced mortgages was dismissed as complaint must first be brought before the Maryland insurance commission.
Case Name: Chandler v. Wells Fargo Bank
Court: U.S. Dist. Ct. ND Cal.
Case Issue: Did lender violate HUD regulations and its reverse mortgage contracts with borrowers by not providing borrowers and their estates notice of and the opportunity to sell the property for 95% of its appraised value after the loan becomes due?
Case Name: Dobson v. Wells Fargo Bank Minnesota
Court: NC Supreme Court Docket: 260A11
Read AARP's (PDF) Case Result: The court rejected homeowner's appeal from the mortgage servicer's non-judicial foreclosure brought without strictly complying with state laws mandating production of the original note and compliance with the rules of evidence regarding any affidavits in support of the foreclosure.
Case Name: Equal Rights Center v. Post Properties, Inc. Court: U.S. Ct. App. D.C. Cir. Docket: 09-5359
Read AARP's (PDF) Case Result: Court affirmed summary judgment dismissing fair housing testing organization claim based on lack of standing, but held that the court had applied too stringent a standard when it dismissed.
Case Name: Fair Hous. Res. Ctr., Inc. v. DJMS 4 Reasons Ltd. Court: U.S. Ct. App. 6th Cir. Docket: 10-3365
Read AARP's (PDF) Case Issue: In a case brought under the Fair Housing Act’s prohibition against making discriminatory statements, is it reversible error if a judge fails to instruct the jury that refusing to provide reasonable accommodations is unlawful discrimination under the Act so that a landlord who stated repeatedly that he would never allow service animals or any kind of disability related companion, guide or helper animal, would be in violation of the Act? Case Name: First American Financial v. Edwards Court: U.S. Supreme Court Docket: 10-708 Read AARP's (PDF) Case Issue: In the absence of any allegation that a violation of the Real Estate Settlement Procedures Act affected the price, quality, or other characteristics of the settlement services provided, does a homeowner who purchased settlement services have standing to sue for statutory damages under the Act? Case Name: Gilchrist v. Hialeah Hous. Auth. Court: U.S. Dist. Ct. Fla. Case Result: Case voluntary dismissed when plaintiff moved to another jurisdiction and Housing Authority agreed to re-examine policies concerning live in aides and reasonable accommodations.
Case Name: Guggenheim v. City of Goleta Court: U.S. Ct. App. 9th Cir. Docket: 06-56306 Read AARP's (PDF) Case Result: Ordinance limiting rent increases for owners of mobile homes is not unconstitutional taking of mobile home park owners' property.
Case Name: Herriott v. Channing House
Court: U.S. Ct. App. 9th Cir.
Read
Case Result: As a result of a confidential settlement, the parties agreed to dismiss the appeal.
Case Name: Hyatt v. Northern California Presbyterian Homes and Services
Court: U.S. Dist. Ct. ND Cal.
Read
Case Result: Case resulted in a confidential settlement. Case Name: Magner v. Gallagher
Court: U.S. Supreme Court
Read AARP's (PDF)
Case Issue: Does the Fair Housing Act include disparate impact claims and is so, what are the burden-shifting aspects of a case? Case Name: Mt. Holly Gardens Citizens in Action v.Twp. of Mt. Holly Court: U.S. Dist. Ct. N.J. Docket: 08-2584
Case Result: Township could proceed with eminent domain to demolish and displace current residents who are predominantly minority because residents had not shown the town's actions had caused a disparate impact.
Case Name: Mt. Holly Gardens Citizens in Action v. Twp. of Mt. Holly Court: U.S. Ct. App. 3d Cir. Read
Case Issue: Does it violate the Fair Housing Act when in order to address problems of deterioration and aging in a community of mostly minority residents the municipality chooses full scale demolition rather than a less discriminatory alternative? Case Name: Sabi v. Sterling Court: Cal. Ct. Appeal, 2d App. Dist., Div. 8 Docket: No. B205279 Read AARP's (PDF) Case Result: Landlord's refusal to accept tenant's Section 8 Voucher did not violate California's source of income discrimination law on state and federal disability discrimination laws.
Docket Housing
Case Name: Bennett v. Donovan Court: U.S. Ct. App. D.C. Cir.Read AARP's (PDF)
Case Issue: Did HUD act illegally in failing to protect surviving spouses of reverse mortgage borrowers from foreclosure and eviction after the death of their spouses, as required by statute?
Case Name: Bennett v. Donovan Court: U.S. Dist. Ct. D.C. Read Case Result: After case filed, HUD revoked reverse mortgage policies preventing surviving spouse/heirs from purchasing property by paying the lesser of the loan balance or 95% of fair market value; court failed to decide if statute prevents foreclosure of property occupied by surviving spouse.
Case Name: Carter v. Huntington Title & Escrow
Court: Md. Ct. App. Docket: 413
Read AARP's (PDF)
Case Result: Class action challenging title company's failure to give homeowners benefit of lower "reissue" rate for title insurance on refinanced mortgages was dismissed as complaint must first be brought before the Maryland insurance commission.
Case Name: Chandler v. Wells Fargo Bank
Court: U.S. Dist. Ct. ND Cal.
Case Issue: Did lender violate HUD regulations and its reverse mortgage contracts with borrowers by not providing borrowers and their estates notice of and the opportunity to sell the property for 95% of its appraised value after the loan becomes due?
Case Name: Dobson v. Wells Fargo Bank Minnesota
Court: NC Supreme Court Docket: 260A11
Read AARP's (PDF) Case Result: The court rejected homeowner's appeal from the mortgage servicer's non-judicial foreclosure brought without strictly complying with state laws mandating production of the original note and compliance with the rules of evidence regarding any affidavits in support of the foreclosure.
Case Name: Equal Rights Center v. Post Properties, Inc. Court: U.S. Ct. App. D.C. Cir. Docket: 09-5359
Read AARP's (PDF) Case Result: Court affirmed summary judgment dismissing fair housing testing organization claim based on lack of standing, but held that the court had applied too stringent a standard when it dismissed.
Case Name: Fair Hous. Res. Ctr., Inc. v. DJMS 4 Reasons Ltd. Court: U.S. Ct. App. 6th Cir. Docket: 10-3365
Read AARP's (PDF) Case Issue: In a case brought under the Fair Housing Act’s prohibition against making discriminatory statements, is it reversible error if a judge fails to instruct the jury that refusing to provide reasonable accommodations is unlawful discrimination under the Act so that a landlord who stated repeatedly that he would never allow service animals or any kind of disability related companion, guide or helper animal, would be in violation of the Act? Case Name: First American Financial v. Edwards Court: U.S. Supreme Court Docket: 10-708 Read AARP's (PDF) Case Issue: In the absence of any allegation that a violation of the Real Estate Settlement Procedures Act affected the price, quality, or other characteristics of the settlement services provided, does a homeowner who purchased settlement services have standing to sue for statutory damages under the Act? Case Name: Gilchrist v. Hialeah Hous. Auth. Court: U.S. Dist. Ct. Fla. Case Result: Case voluntary dismissed when plaintiff moved to another jurisdiction and Housing Authority agreed to re-examine policies concerning live in aides and reasonable accommodations.
Case Name: Guggenheim v. City of Goleta Court: U.S. Ct. App. 9th Cir. Docket: 06-56306 Read AARP's (PDF) Case Result: Ordinance limiting rent increases for owners of mobile homes is not unconstitutional taking of mobile home park owners' property.
Case Name: Herriott v. Channing House
Court: U.S. Ct. App. 9th Cir.
Read
Case Result: As a result of a confidential settlement, the parties agreed to dismiss the appeal.
Case Name: Hyatt v. Northern California Presbyterian Homes and Services
Court: U.S. Dist. Ct. ND Cal.
Read
Case Result: Case resulted in a confidential settlement. Case Name: Magner v. Gallagher
Court: U.S. Supreme Court
Read AARP's (PDF)
Case Issue: Does the Fair Housing Act include disparate impact claims and is so, what are the burden-shifting aspects of a case? Case Name: Mt. Holly Gardens Citizens in Action v.Twp. of Mt. Holly Court: U.S. Dist. Ct. N.J. Docket: 08-2584
Case Result: Township could proceed with eminent domain to demolish and displace current residents who are predominantly minority because residents had not shown the town's actions had caused a disparate impact.
Case Name: Mt. Holly Gardens Citizens in Action v. Twp. of Mt. Holly Court: U.S. Ct. App. 3d Cir. Read
Case Issue: Does it violate the Fair Housing Act when in order to address problems of deterioration and aging in a community of mostly minority residents the municipality chooses full scale demolition rather than a less discriminatory alternative? Case Name: Sabi v. Sterling Court: Cal. Ct. Appeal, 2d App. Dist., Div. 8 Docket: No. B205279 Read AARP's (PDF) Case Result: Landlord's refusal to accept tenant's Section 8 Voucher did not violate California's source of income discrimination law on state and federal disability discrimination laws.