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FHAA Suit Against Condo Association For Not Providing Parking Accommodations, Plus Habeas Petitions

By FindLaw Staff on September 17, 2010 | Last updated on March 21, 2019

Gautier v. Wall, 09-2411, concerned a denial of a defendant's application for a certificate of appealability an order vacating the judgment of the district court as the court lacked jurisdiction to consider defendant's second or successive petition without authorization, and not one of defendant's claims meets the gatekeeping requirements of section 2244(b).

 

Fusi v. O'Brien, 09-1060, concerned a challenge to the district court's denial of defendant's request for habeas relief from his rape conviction.  In vacating the denial, the case is remanded as the district court should have dismissed the petition without prejudice because the defendant failed to exhaust his ineffective assistance of counsel claim in state court.

Astralis Condo. Ass'n v. Sec'y, U.S. Dep't of Housing & Urban Dev., 09-2497, concerned a condominium association's petition for review of an ALJ's order granting relief to plaintiffs, in an action against the condominium association claiming that plaintiffs were entitled to preferred parking spaces at their residence by reason of their handicaps. In denying the petition, the court held that the record in this case provides substantial evidence to support the ALJ's serial findings that the plaintiffs were handicapped, that the condominium association knew of their handicaps, and that the association refused to honor plaintiffs' requests for reasonable accommodation in violation of the Fair Housing Amendments Act.

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