News & Analysis as of

Fair Housing Act (FHA) Local Ordinance

Greenbaum, Rowe, Smith & Davis LLP

NJ Appellate Division Rules that Municipal Ordinance Restricting Ownership to Individuals Over 55 Violates Fair Housing Act and NJ...

On July 31, 2024, the New Jersey Appellate Division issued its ruling in New Jersey REALTORS® v. Township of Berkeley, upholding a trial court’s decision invalidating a municipal ordinance requiring that the owners of units...more

Sheppard Mullin Richter & Hampton LLP

U.S. Supreme Court Declines to Consider Appeal of Ninth Circuit Ruling that Sober Living Homes Do Not Have to Prove Each Resident...

Near the end of 2023, the United States Supreme Court declined to consider the City of Costa Mesa’s appeal of a January Ninth Circuit ruling in SoCal Recovery, LLC v. City of Costa Mesa (2023) 56 F.4th 802. The decision held...more

Perkins Coie

2020 Land Use and Development Case Summaries

Perkins Coie on

Below are summaries of the key California and Ninth Circuit land use and development cases decided in 2020. Each case name is linked to our more extensive discussion of the case on the Land Use & Development Law Report. 1....more

Perkins Coie

Disparate-Impact ClaimUnder FHA and FEHA Must Demonstrate Causal Connection Between a City’s Approval of Development Projects and...

Perkins Coie on

The court of appeal held that the City’s approval of mixed-used development projects was not an “artificial, arbitrary, or unnecessary barrier[]” to fair housing necessary to support disparate-impact claims under the FHA and...more

Farrell Fritz, P.C.

Short-Term Rental Law Stumbles, But Survives Federal Court Challenge

Farrell Fritz, P.C. on

Earlier this month, a challenge to the Town of Shelter Island (“Shelter Island”) short term rental law ordinance enacted in April 2017, amended May 2019 (“STRL”), came to an end – for now. ...more

Fox Rothschild LLP

Discussing The Application Of Local Breed Specific Laws And Assistance Animals

Fox Rothschild LLP on

There are many local jurisdictions around the country which have adopted what are referred to as a Breed Specific Law (BSL). As might be expected from its name, a BSL prohibits certain dog breeds (and/or breed mixes) from...more

Robinson+Cole RLUIPA Defense

Additional Eruv Disputes in New Jersey

We recently posted about a lawsuit filed by Bergen Rockland Eruv Association, Inc. (“BREA”) against the Township of Mahwah, New Jersey, regarding a dispute over the expansion of an eruv. Since then, eruv disputes have evoked...more

Farrell Fritz, P.C.

Departments of Justice and Housing and Urban Development Release Updated Fair Housing Act Guidance on State and Local Land Use...

Farrell Fritz, P.C. on

Jointly responsible for enforcing the federal Fair Housing Act (“FHA”), the U.S. Departments of Justice and Housing and Urban Development (“the Departments”) have issued numerous guidance documents and policy statements to...more

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