LTKE lawyers secure federal court verdict

On 3/29/10, the Honorable Janet Bond Arterton of the United States District Court for the District of Connecticut (Connecticut's Federal Court) issued a very lengthy decision on behalf of our client, the Housing Authority of the City of New Haven. Donn Swift, our partner, represented the firm at trial and before trial was assisted by partner Tim Pothin and associate Ben Gettinger. The decision by Judge Arterton was completely favorable to our client and resolved a significant class action lawsuit in their favor.

The Court had originally granted class action status to this case on the theory that the case involved an adjudication of the rights of hundreds of families who were members of the Section 8 program administered by the Housing Authority. The original claim made by the class was that individuals who had a family member with a disability (as defined by federal law) were being discriminated against by the Housing Authority in a number of ways. Essentially, it was claimed that the Housing Authority did not provide enough assistance to the families in locating suitable handicapped accessible units. The Section 8 program allows a family that obtains a voucher to use the voucher to find a private living unit and then the federal government, through the Housing Authority, provides funds to pay either all or a majority of the rental payment.

The trial was before Judge Arterton alone with no jury and lasted for over two weeks. Both sides presented hundreds of exhibits for the court's consideration and a number of witnesses provided direct factual testimony to the court.

Donn was able to present evidence, as well as legal authority, to support the position of the Housing Authority that it was in full compliance with the federal laws and, in fact, was not discriminating in anyway against Section 8 families. Judge Arterton agreed and found in favor of the Housing Authority. In addition, not only did the judge rule in favor of the Housing Authority but the judge found that although a class was originally allowed, the evidence did not establish that there as any basis to say that the Housing Authority had any policy or practice that violated the law. As a result, the judge took away the class action status basically finding that there were no individuals who were receiving improper treatment and that the Housing Authority was in full compliance with the law.

Shortly after the decision was made, the attorney for the plaintiff filed an appeal. Donn is confident that the Second Circuit Court of Appeals in New York City will agree with the decision of Judge Arterton and deny the appeal.