Posts Tagged ‘housing discrimination’

May 9 roundup

  • Next sector for a boom in IP litigation: trade secrets? [Ike Brannon]
  • Creating split among federal appeals courts, Seventh Circuit rules auto-erotic asphyxiation falls under insurance policy exclusion for “self-inflicted injury.” [Volokh; Tran v. Minnesota Life Insurance Company] In its commentary, the Institute for Justice is willing to go there: “Will the Supreme Court resolve the split? Don’t hold your breath.”
  • “The county has assigned at least four prosecutors to handle the Bellevue cat case” as Miska, the most notorious cat in King County, Washington, lawyers up [KIRO]
  • I’m quoted in article on Supreme Court’s agreeing to consider whether 1964 ban on employment discrimination because of sex includes ban on transgender discrimination [Nicole Russell, Washington Examiner]
  • Federalist Society podcast on populist antitrust with Babette Boliek, Geoffrey Manne, William Rinehart, Hal Singer, and Joanna Tsai;
  • Did a mobile home park violate housing discrimination law by checking applicants’ lawful immigration status? Fourth Circuit ruling threatens to open “disparate-impact” floodgates Supreme Court warned of in earlier case [Ilya Shapiro and Nathan Harvey on Cato cert amicus in Waples Mobile Home Park v. de Reyes]

March 13 roundup

  • “Near the end of her new proposal to break up Facebook, Google, Amazon, and Apple, Senator Warren asks, ‘So what would the Internet look like after all these reforms?’ It’s a good question.” [Geoffrey Manne and Alec Stapp, Truth on the Market/CNBC]
  • Floral arrangements as constitutionally protected expression: Cato files amicus on behalf of First Amendment rights of Washington florist Barronelle Stutzman not to serve a wedding of which she disapproves [Ilya Shapiro and Patrick Moran, Washington Supreme Court]
  • “Over several months, man repeatedly threatens his next-door neighbor with profanity, racial epithets. The police investigate, warn the man to stop, and then arrest him when he does not. Eventually, the man leaves the apartment complex after the landlord declines to renew his lease. Can the neighbor sue the landlord for failing to intervene sooner? The Second Circuit says yes, the neighbor’s Fair Housing Act claims should not have been dismissed. Dissent: The FHA doesn’t say landlords can be liable for tenant-on-tenant harassment; more likely it precludes such claims.” [IJ “Short Circuit” on Francis v. Kings Park Manor, Second Circuit; Scott Greenfield]
  • Gender identity: R. Shep Melnick on where the momentum is headed among judges, regulators, and administrators [Liberty and Law]
  • Comfort for lawmakers means discomfort for taxpayers? Study finds “growth in state government expenditures in warm states was higher after the introduction of air conditioning” [Thomas A. Garrett and Natalia A. Kolesnikova, Cato Journal]
  • “Succubustic” is not a word you should probably use at all, certainly not to describe any real person, and most definitely not if you are a lawyer to describe a judge [Lowering the Bar]

December 5 roundup

  • “An important win for property owners”: Supreme Court rules 8-0 that protected species habitat doesn’t include tracts containing no actual dusty gopher frogs and not inhabitable by them absent modification [Roger Pilon, George Will, earlier on Weyerhaeuser v. U.S. Fish & Wildlife Service, Cato Daily Podcast with Holly Fretwell and Caleb Brown (“The Frog Never Had a Chance”)]
  • Proposed revision of federal Violence Against Women Act (VAWA) would expand definition of domestic violence to include nonviolent “verbal, emotional, economic, or technological” abuse. Vagueness only the start of the problems here [Wendy McElroy, The Hill]
  • Bad ideas endorsed by the American Bar Association, part 3,972: laws requiring landlords to take Section 8 tenants [ABA Journal; earlier on “source of income discrimination” laws]
  • Minneapolis “Healthy Foods Ordinance” drives up costs for convenience stores, worsens food waste, pressures ethnic grocers into Anglo formats [Christian Britschgi]
  • New York Attorney General-elect Letitia (Tish) James has been zealous about suit-filing in recent years, quality another matter [Scott Greenfield]
  • “Plaintiff wins $1,000 in statutory damages for technical violation of Fair Debt Collection Practices Act. (Debt collector illegally used the words ‘credit bureau’ in its business name.) After plaintiff’s lawyers seek $130k in fees, district court awards them the princely sum of $0. Fifth Circuit: Just so. While fees are ordinarily mandatory, ‘special circumstances’ obtain here: The record suggests that the plaintiff colluded with her lawyers to generate this ‘outrageous’ fee-heavy lawsuit in Texas instead of in her home state of Louisiana.” [John Kenneth Ross, IJ “Short Circuit” on Davis v. Credit Bureau of the South]

November 7 roundup

  • Notwithstanding one-person-one-vote, some House districts do have unusually high or low populations. Main reasons: 1) Small states get rounded up or down; 2) demographics change in existing districts over 10-year Census cycle especially where new housing is being built [Hristina Byrnes, 24/7 Wall Street, I’m quoted]
  • “‘Outrageously excessive’ requests for attorney fees can be altogether denied, 3rd Circuit says” [ABA Journal]
  • Prenda copyright troll Paul Hansmeier, who also did mass ADA filings, pleads guilty to fraud and money laundering charges [Dan Browning, Minneapolis Star-Tribune via Mike Masnick, TechDirt]
  • Thread: calm, factual discussion of Department of Justice brief on Title VII and gender identity [Popehat on Twitter]
  • We’ve often discussed the high cost of the maritime-protectionist Jones Act, and now Cato has launched a Project on Jones Act Reform;
  • “Landlord, a Fairfax, Va. mobile home park, imposes requirement that all adult tenants show proof of legal residence in the country; four Latino families (four men with legal status, four women who are illegal immigrants, and 10 U.S. citizen children) face fines, eviction. A violation of the Fair Housing Act? Could be, says the Fourth Circuit (over a dissent).” [IJ Short Circuit]

Can landlords opt out of the Section 8 rental program?

The Section 8 federal housing voucher program was conceived as one in which owners of rental properties participate voluntarily, but that may be changing. One straw in the wind: the push for “source of income discrimination” laws prohibiting landlords from turning away Section 8 tenants. Another: a new Third Circuit decision declaring that the owner of a unit converted to market-rate could not refuse to renew a lease even after the original tenant died. I look at Hayes v. Harvey in my new post at Cato.

HUD’s Carson to localities: stop throttling housing availability

Housing and Urban Development Secretary Ben Carson is pressing local governments to ease barriers to housing construction, which might turn out to be a genuinely progressive stance in a period in which housing costs are soaring in many in-demand cities, led by the West Coast. One reason for HUD to take notice of these local barriers to building is that by artificially driving up rents and construction costs, they drive up the cost of HUD’s own programs: “the most-restrictively zoned states receive nearly twice the federal dollars per capita compared to the least-restrictively zoned states…Determining whether attaching requirements to grants is a constitutionally-sound strategy is best decided by a legal expert. However, Carson’s new focus on educating policy makers on the damaging consequences of local policy, while acknowledging HUD cannot overcome local problems by spending money, is a welcome change.” [Vanessa Brown Calder, Cato]

More/related: Tyler Cowen (on New York Times coverage), Elijah Chiland, Curbed L.A., and Ilya Somin on introduction of bill by Sen. Cory Booker, D-N.J., to discourage exclusionary zoning by attaching strings to the (itself highly dubious) $3.3 billion federal Community Development Block Grant program.

July 5 roundup

April 19 roundup

  • “Crash survivor sues publisher, claims he was exploited by book’s false claim of visit to heaven” [Debra Cassens Weiss, ABA Journal on William Alexander “Alex” Malarkey claim against Tyndale House Publishers] More: Lowering the Bar;
  • Attorney-client privilege and the raid on Trump lawyer Michael Cohen: my Saturday chat with Yuripzy Morgan of Baltimore’s WBAL radio [listen] On the same general subject, Clark Neily chats with Caleb Brown for the Cato Daily Podcast, and Ken at Popehat has a Stormy Daniels/Michael Cohen civil litigation lawsplainer;
  • “While there were many problems with the $1.3 trillion omnibus spending bill, one thing the Republican-led Congress got absolutely right was defunding Affirmatively Furthering Fair Housing” [Robert Romano, Daily Torch, earlier on AFFH]
  • “The nearest Macy’s department store is several thousand miles away” but a small hair salon in Scotland will need to change its similar name or face lawyers’ wrath [Timothy Geigner, TechDirt]
  • Facebook sued for allegedly allowing housing discrimination by way of ad targeting [autoplays] [Seth Fiegerman, CNN Money]
  • Beverage equivalent of clear backpacks: South Carolina bill would make it a crime to let teenagers consume energy drinks [Jacob Sullum]

Update: court strikes down Seattle landlords-must-accept-first-tenant law

A Washington court has struck down Seattle’s new law requiring landlords to rent to the first qualified tenant-applicant who applies, supposedly as a way of countering unconscious or implicit bias. Judge Suzanne Parisien

said the law violated property rights by stripping landlords of their ability to “freely dispose of property” and to choose their own tenant, a “fundamental attribute of property ownership.”

The judge also concluded the law violated landlords’ due process rights by imposing the rule without limitation. “A law that undertakes to abolish or limit the exercise of rights beyond what is necessary to provide for the public welfare cannot be included in the lawful police power of the government,” she wrote.

Finally, the judge said the law violated the First Amendment by broadly banning certain types of advertising by property owners absent individualized suspicion of discrimination. [David Kroman, Crosscut, earlier] More: Ilya Somin.