Court Decisions

Romanian court victory: Forced eviction of Roma in Cluj-Napoca illegal

Published in Wednesday January 8th, 2014

The Cluj-Napoca County Court (Tribunal) decided that the Mayor’s decision to forcibly evict around 300 Roma in December 2010, to a site adjacent to a waste dump, was illegal.

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South African Constitutional Court affirms tenants’ rights to challenge excessive rents

Published in Monday November 4th, 2013

The South African Constitutional Court issued a groundbreaking decision on this case, brought by ESCR-Net member SERI (South Africa), affirming the rights of tenants to challenge excessive rents and unfair lease terminations. The Court found that the Rental Housing Act forbid private landlords or tenants from engaging in unfair practices, and determined that the term “unfair practice” must be interpreted in light of the right of access to adequate housing contained in the South African Constitution.

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Jury Finds Bank of America Liable in Mortgage Case

Published in Thursday October 24th, 2013

Bank of America, one of the nation’s largest banks, was found liable on Wednesday of having sold defective mortgages, a jury decision that will be seen as a victory for the government in its aggressive effort to hold banks accountable for their role in the housing crisis.

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Positive obligations in housing rights in Portugal

Published in Thursday September 26th, 2013

Collective complaint under the Revised European Social Charter by the European Roma Rights Center, alleging violations of the right of the family to social, legal and economic protec­tion (Article 16), the right to protection against poverty and social exclusion(Article 30), the right to adequate housing (Article 31) and the non-discrimination clause (E). European Social Charter. CESCR. CERD.

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Fife rulings could have national implications for future of ‘bedroom tax’

Published in Thursday September 12th, 2013

In a statement that could have nationwide implications, Simon Collins has ruled dimensions do matter when it comes to defining a bedroom. The ruling could open the floodgates for appeals by thousands of tenants affected by the new legislation.

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Brothers’ win blows a hole in bedroom tax benefit cuts

Published in Thursday September 12th, 2013

In a ruling that could open the floodgates for thousands to challenge the under-occupancy legislation, a tribunal found that David Nelson’s spare room was too small to be a bedroom.

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Tenant wins appeal against the bedroom tax

Published in Wednesday September 11th, 2013

Annie Harrower-Gray had her appeal against Fife Council’s decision to cut her benefit upheld by a first-tier tribunal in Scotland following a hearing on 26 August.

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Reaffirming Justiciability: Judgements on the Human Right to Adequate Housing from the High Court of Delhi

Published in Saturday July 6th, 2013

In the year 2010, the High Court of Delhi passed two significant judgements — Sudama Singh and Others vs. Government of Delhi and Anr., and PK Koul vs. Estate Officer and Anr. and Ors. — upholding the human right to adequate housing, and the right to resettlement and rehabilitation. Housing and Land Rights Network (HLRN) considers both these judgements to be very important precedents in Indian case law. They hold great relevance in protecting the human right to adequate housing in India as well as internationally. The judgements, therefore, need to be widely disseminated, read, understood, cited and implemented.

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Federal Court Victory for Homeless Advocates in the US

Published in Saturday March 23rd, 2013 In Social movement news

In a ruling issued earlier today in Washington, D.C., a federal court denied the Obama Administration’s motion to set aside a 1993 court order against the federal government requiring compliance with Title V of the McKinney-Vento Homeless Assistance Act, a law that gives homeless services providers access to unused federal properties for free.

Homeless at Lakewood’s Tent City will be offered indoor housing instead of evicted

Published in Monday March 18th, 2013 In In the media

An encampment of homeless people in the woods near the Jersey shore will gradually be phased out as its 80 or so occupants are given at least a year of housing under an agreement reached today. The deal would eliminate the need for Lakewood’s so-called Tent City and end a seven-year dispute about local governments’ responsibility to care for the poor.

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