On January 4, 2012, the court entered a consenr decree in United States v. Hialeah Housing Auth. (S.D. Fla.), a Fair Housing Act disability election referral from HUD. On April 19, 2010, Judge Alan Gold granted the defendants' motion for summary judgment. The complaint, which was filed on August 26, 2008, alleged that the defendant public housing authority insisted on transferring the complainant and his family to a unit which was less accessible than the one they were occupying. The court held that no reasonable jury could find that, at the time of the transfer, the complainant had put the defendant on notice that he was claiming to be disabled. IOn May22, 2009, the court denied in part and granted in part defendant's motion to dismiss the complaint. The court ruled that the United States had stated a claim that the complainant had a disability by alleging that his ability to climb stairs was impaired and that he received Social Security disability benefits. The court had also ruled that the defendant had denied the request for a reasonable accommodation even though the complainant moved out of public housing rather than accepting defendant's offer to put him on a waiting list for an accessible unit. The court dismissed the United States' claims for injunctive and declaratory relief because injunctions that simply require compliance with the law are impermissible in the Eleventh Circuit and there was no reason to think that there was a threat of future injury to the complainant. The court had ruled in a prior order that it had subject matter jurisdiction even though HUD had taken over two years to conduct its investigation, and that the case should not be dismissed based on res judicata or collateral estoppel. On August 9, 2010, the Division filed a brief for the United States as appellant in the United States Court of Appeals for the Eleventh Circuit. On March 22, 2010, the Eleventh Circuit issued its decision. The court summarily and per curiam, reversed the district court's grant of summary judgment and remanded the case for further proceedings. The court of appeals concluded that there were issues of fact concerning whether HHA knew about Mr. Rodriguez's disability and request for an accommodation, and whether the HHA refused to provide an accommodation. The court decree required the defendants to pay a total of $24,000 to the four HUD complainants. The decree also provided for statndard injunctive relief; including non-discrimination and reasonable accommodation policies and procedures, training, and reporting and record-keeping.




[VERIFIED] Public Invasion Tammy The Bus Stop Pickup !!EXCLUSIVE!!