Civil Remedies › Civil Rights › Residential Real Estate

Raising the Bar: HUD Issues New Rule Imposing More Demanding Standard for Defending Against Discrimination Claims Under the Fair...

The Department of Housing and Urban Development (HUD) recently issued a new rule to formalize a national standard for determining whether a housing practice violates the Fair Housing Act (FHA) as the result of a...more

PNC Settles Maternity Leave Mortgage Suit

PNC settled a lawsuit this month over its refusal of a mortgage loan to a Connecticut couple because the wife was on maternity leave. As part of the settlement, the bank must review the last two years’ worth of mortgage...more

CFPB: Mortgage Originator Violations

Yesterday, I outlined for you the features of the CFPB's requisites of a Compliance Management System (CMS). My observations were based on the CFPB's newsletter, entitled Supervisory Highlights: Fall 2012, an issuance to the...more

HUD Proposal Would Impose “Disparate Impact” Regulation on Property Insurance

Originally published in Washington Legal Foundation, Legal Backgrounder, Vol. 27 No. 11 on June 8, 2012. The U.S Department of Housing and Urban Development (HUD) has proposed a Fair Housing Act rule that would increase...more

NFHA Files Second REO Administrative Complaint

On April 17, the National Fair Housing Alliance and certain of its member organizations (collectively NFHA) filed an administrative complaint with the Department of Housing and Urban Development alleging discriminatory...more

K&L Gates Files Federal Pro Bono Action to Challenge Foreclosure Rescue Scheme

On March 6, 2012, K&L Gates LLP filed a federal lawsuit challenging an allegedly discriminatory and otherwise unlawful foreclosure rescue scam targeted to Hispanic homeowners in Northern Virginia. The National and Washington...more

InfoBytes Special Alert: HUD Issues Proposed Disparate Impact Rule

On November 15, the U.S. Department of Housing and Urban Development ("HUD") issued a proposed rule interpreting the Fair Housing Act (the "FHA") as authorizing so-called "disparate impact" or "effects test" claims. If...more

Fee Award is Overturned in Alleged Housing Discrimination Matter

In Department of Fair Employment and Housing v. Mayr, 2011 DJDAR 2265 (2011), the California Court of Appeal for the Sixth Appellate District decided a unique attorney fee case in an alleged housing discrimination...more

Weekly Law Resume - October 14, 2010: Unruh Act - Tenant Unable to Establish Unruh Claim Against Apartment Owner and Manager

Ramirez v. Wong Court of Appeal, Second District (October 6, 2010) The attraction for Unruh Civil Rights claims by plaintiffs is the ability to recover attorneys' fees, along with the potential for an award of penalties...more

New Rights for Tenants Living in Foreclosed Properties

The Massachusetts Legislature has passed a new law providing significant protections for tenants facing eviction by banks which have foreclosed on a property where the tenants are living....more

Fighting Foreclosures and Evictions

A booklet developed for the Street Law Project of the National Lawyers Guild. How tenants and former homeowners can fight back against evictions and foreclosures....more

County of Hawaii v. C&J Coupe Family Ltd. P'ship

Opinion of the Court

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County of Hawaii v. C&J Coupe Family Ltd. P'ship

Reply Brief for the Appellant

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County of Hawaii v. C&J Coupe Family Ltd. P'ship

Opening Brief for the Appellant

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Department of Justice & Major Continuing Care Provider Enter Into Groundbreaking Consent Order

On August 27, 2007, the United States Department of Justice and Covenant Retirement Communities West, Inc. (“Covenant”) entered into a Consent Order resolving United States of America v. Covenant Retirement Communities West,...more

Maui Tomorrow v. State of Hawaii, Board of Land and Natural Resources

Opinion of the Court

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Frustaci v. City of South Portland

$300,000.00 verdict against City Hall affirmed!

City council exceeded its authority by discontinuing public road access to private land without compensating the owner of the affected parcel. Owner was entitled to damages equal to the difference between the value of the...more

San Remo Hotel, L.P. v. City and County of San Francisco

Brief Amicus Curiae of Pacific Legal Foundation, National Association of Realtors, Paul and Sherry Lambert, and Charles and Nell...

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Maui Tomorrow v. State of Hawaii, Board of Land and Natural Resources

Answering Brief of Appellee Hawaii Farm Bureau Federation

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