Skip to main content

Expiration of Housing Voucher Does Not Toll Limitations Period

In Ortega v. Housing Authority of the City of Brownsville, 572 F.Supp.2d 829, (S.D. Tex. 2008) the Plaintiff's application for a housing voucher expired when he was unable to prove legal guardianship of his grandson. The Plaintiff alleged discrimination based on familial status in violation of 42 U.S.C. Sec. 3602(k). This section defines "familial status" as "one or more individuals...being domiciled with (1) a parent or another person having legal custody of such individual or individuals; or (2) the designee or such parent or other person having such custody, with the written permission of such parent or other person.

The court had to decide whether the two year limitations period began to run on July 19, 2004 when the housing voucher was issued by the agency or whether it began to run on December 21, 2004 when the agency issued a letter to inform the Plaintiff that the voucher had expired and his application was canceled. The Plaintiff filed suit in December of 2006.

The Plaintiff argues that because he was injured again in May of 2006 when he reapplied and no voucher was issued, the continuing violation doctrine tolled the limitations period. The court rejected this argument. In its analysis, the court relied on Huckabay v. Moore, 142 F.3d 233, 238-39 (5th Cir. 1998) where that court "reasoned the continued violations doctrine was useful where individual acts or events may not be evident of discrimination except in cumulation over time." It also relied on Berry v. Bd. of Supervisors of L.S.U., 715 F.2d 971, 981 (5th cir. 1983) where that court laid out three reqirements for continuing violations: 1) similar subject matter; 2) frequent violations; and 3) a minor degree of permanence.

The third requirement was most persuasive here as the Ortega court held that the violation of the voucher in 2004 "was sufficiently permanent to create a cause of action and put a reasonable person on notice that he could act to protect his rights."

Comments

Popular posts from this blog

SunTrust $21Million Settlement with DOJ

This past Thursday, Businessweek covered a massive settlement in a federal lawsuit alleging racial discrimination in SunTrust’s lending practices. The suit, filed by the US DOJ, was filed in the U.S. District Court in Richmond, VA, alleging more than 20,000 African-American and Hispanic borrowers were charged more than similarly-situated and qualified non-Hispanic white borrowers, between 2005 and 2009. The suit alleged that minority borrowers in 75 geographic markets from Virginia Beach, VA to San Francisco, CA, paid more in loan fees, or were charged higher interest rates based solely on race or national origin. A consent order filed with the complaint says SunTrust denies any wrongdoing, but agreed to the settlement. "SunTrust strongly believes in the principles of fair lending," company spokesman Mike McCoy in Atlanta said. "We are pleased to have reached a settlement and put this matter behind us." Settlements like this come as a surprise, considering the...

Housing Discrimination Alive and Well in the 21st Century

Some people are in denial that in this day and age, discrimination simply does not exist anymore. Taking things at face value, one can see how an individual may be lulled into a false sense of security – legislation designed to protect minorities, affirmative action, et cetera, exist for the advancement of colored peoples in this nation. However, according to a recent study by the Consumer Action group , all is not fair in home and housing. Consumer Action contacted 5,000 community organizations across the country, compiling information from 549 respondents, who reported “serious issues with housing discrimination.” The survey shows that immigrants, the disabled, and families with children aren’t welcome in some places, and that “immigrants face the greatest hardships in finding legal recourse for housing discrimination.” One reason, Consumer Action claims, may be cultural barriers. Non-English-speaking minorities could be left out in the cold by unfair housing practices. The study ...

Legislators Pass Bills to Expedite Short Sale Process

On January 13, Illinois Senate Bill 1259 was signed by Governor Pat Quinn, requiring banks and lending institutions to respond to a short sale offer by a homeowner within 90 days. The bill also gives courts the authority to hold banks accountable to the 90 day response provision. Previously, the court had no jurisdiction over banks, allowing them unprecedented control over the foreclosure process. "Families are not losing their homes to foreclosure because they are dead beats refusing to pay their mortgages," Illinois State Senator Silverstein said on a news release published on his website . "They are people who are struggling to get through the worst economic downturn since the Great Depression. Unfortunately, we are seeing banks stalling the process of a short sale in order to push through foreclosure proceedings, giving families limited options to get out of their mortgage debt." In 2010, the number of new short sales late that year had i ncreased nearly 83 p...