798 F. Supp. 2d 707
D. Maryland2011Background
- ERC is a national disability rights NGO focusing on housing accessibility; it sues Equity Residential and ERP Operating for FHA and ADA design/construction violations; standing is the central issue and is analyzed under FHA and Title III of the ADA; ERC presents evidence of pre- and post- filing investigations and resource diversion; ERC conducted tests at 61 Equity properties and reviewed floor plans to identify likely violations; ERC incurred pre-litigation costs and ongoing litigation costs that allegedly impaired its mission and diverted resources from other programs; court previously denied motions to dismiss and staged partial summary judgment to address standing
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Standing under FHA and Article III | ERC has organizational standing for FHA claims due to diverted resources | ERC lacks injury in fact and causation for FHA standing | ERC shows injury in fact and traceability for FHA standing |
| Statutory standing under Title III of the ADA | ERC seeks Title III relief on its own behalf | Title III confines relief to those subjected to discrimination | ERC lacks statutory standing under Title III |
| Scope of FHA standing across Equity properties | Standing extends to all 298 listed properties as pattern or practice | Standing limited to properties where ERC incurred investigation costs | ERC standing under FHA extends to the properties listed in the complaint as a nationwide pattern or practice |
| Traceability of ERC’s diverted resources to Equity violations | Diversion tied to Equity violations and necessary to fulfill ERC’s mission | Diversion may be self-inflicted or not attributable to Equity | Traceability shown; expenditures tied to Equity’s FHA violations support standing |
| ADA Title III prudential vs statutory standing distinction | Prudential limitations do not apply to Title III | Plain language of Title III restricts suit to discriminated individuals | ERC has no Title III standing due to statutory limitations |
Key Cases Cited
- Havens Realty Corp. v. Coleman, 455 U.S. 363 (1982) (organizational standing based on diversion of resources to counteract discrimination)
- Trafficante v. Metropolitan Life Ins. Co., 409 U.S. 205 (1972) (standing extended under FHA to the full extent of Article III)
- Gladstone Realtors v. Bellwood, 441 U.S. 91 (1979) (statutory standing principles under FHA context)
- Allen v. Wright, 468 U.S. 737 (1984) (prudential standing limitations may not apply when Congress extends jurisdiction)
- Post Properties Equal Rights Ctr. v. Post Props., Inc., 633 F.3d 1136 (2011) (diversion of resources standing analysis under D.C. Circuit)
- Lujan v. Defenders of Wildlife, 504 U.S. 555 (1992) (injury in fact requires concrete, particularized, actual or imminent harm)
- International Brotherhood of Teamsters v. United States, 431 U.S. 324 (1977) (designs considerations of pattern or practice under civil rights statutes)