Nat'l Fair Hous. Alliance, Inc. v. S.C. Bodner Co.

4 Citing cases

  1. Fair Hous. Justice Ctr. v. 203 Jay St. Assocs.

    21-CV-1192 (NGG) (JRC) (E.D.N.Y. Aug. 4, 2022)   Cited 16 times

    Consistent with Congressional intent and the Supreme Court's direction that the FHA be construed broadly, courts have recognized potential violations of the FHA's design and construct provision absent a showing of individual discrimination against a disabled person. See, e.g., Garcia v. Brockway, 526 F.3d 456, 461 (9th Cir. 2008); Smith v. Pacific Props, and Dev. Corp., 358 F.3d 1097, 1104 (9th Cir. 2004); Fair Hous. Justice Ctr., Inc.v.JDS Dev. LLC, 443 F.Supp.3d 494, 504 (S.D,N.Y. 2020); Nadi Fair Hous. Alliance, Inc.v.S.C. Bodner Co., 844 F.Supp.2d 940, 943-45 (S.D. Ind. 2012). Particularly instructive is S.C. Bodner, where a fair housing organization sued property owners for failure to comply with the FHA's design and construct requirements following a testing investigation similar to the one at hand.

  2. Bowman v. Merrimac Real Estate Holdings

    Case No. CIV-19-0675-F (W.D. Okla. Nov. 27, 2019)   Cited 1 times

    These courts have based their conclusions on the need for such a defendant's presence in the suit in the event that remediation is ultimately required, albeit at no expense to such defendant. As stated in National Fair Housing Alliance, Inc v. S.C. Bodner Co., Inc., 844 F. Supp.2d 940, 945 (S.D. Ind. 2012): As for the remedial Defendants, the court agrees with the Plaintiffs, that the presence of those Defendants in the lawsuit is required if complete relief is to be provided.

  3. United States v. Dawn Props., Inc.

    CAUSE NO. 1:14CV224-LG-JCG (S.D. Miss. Feb. 2, 2015)

    While unclear, to the extent Inn by the Sea HOA argues that it should be severed as a Defendant because it was not properly joined pursuant to Federal Rule of Civil Procedure 19, case law supports the inclusion of the HOA as a Defendant. See, e.g., Nat'l Fair Housing Alliance, Inc. v. S.C. Bodner Co., 844 F. Supp. 2d 940, 945 (S.D. Ind. 2012); Nat'l Fair Housing Alliance v. A.G. Spanos Constr., Inc., 542 F. Supp. 2d 1054, 1066-67 (N.D. Cal. 2008); Baltimore Neighborhoods, Inc. v. Rommel Builders, Inc., 40 F. Supp. 2d 700, 712 (D. Md. 1999). (1) Whether the claims arise out of the same transaction or occurrence

  4. Equal Rights Ctr. v. Equity Residential

    Civil No. CCB-06-1060 (D. Md. Jun. 6, 2013)   Cited 1 times

    That court, citing Harding, held that the plaintiff had laid out a plausible claim of discrimination under § 3604(f)(1) and (f)(2) against a building owner that allegedly knew or should have known that the building it owned had been constructed in violation of § 3604(f)(3)(C). Nat'l Fair Hous. Alliance, Inc. v. S.C. Bodner Co., 844 F. Supp. 2d 940, 944-45 (S.D. Ind. 2012). Citing the Supreme Court's admonition to give the FHA a "generous construction," the court concluded that a building owner could be liable for knowingly or intentionally exploiting the provisions of the FHA to shift the costs of FHA compliance onto renters.