Wetzel v. Glen St. Andrew Living Cmty., LLC, 901 F.3d 856 (2018)

Citation: Wetzel v. Glen St. Andrew Living Cmty., LLC, 901 F.3d 856 (2018)
Parent Document: Wetzel v. Glen St. Andrew Living Cmty., LLC, 901 F.3d 856 (2018)
Jurisdiction: United States (federal)
Effective Date: 2018-08-27
Original Source: https://www.courtlistener.com/opinion/8443663/wetzel-v-glen-st-andrew-living-... ↗

Full Text

1,062 chars

Contrary to St. Andrew's assertion, this case is unlike Halprin . There, the Halprin family sued its homeowners' association because the association's president incessantly harassed them because they were Jewish. Halprin , 388 F.3d at 328. The Halprin opinion took a limited approach to post-acquisition claims under section 3604(b), and so it had no reason to reach the question whether the harassment was connected to a term, condition, or privilege, or the provision of services, related to homeownership. In Bloch , however, the en banc court distinguished Halprin as a case in which the homeowners' association had no contractual relationship to the Halprin family. Bloch , 587 F.3d at 780. St. Andrew tries to use Halprin by noting that there was no contractual relationship between Wetzel and any other tenant . True enough, but that is not the relevant comparator. It is between Wetzel and St. Andrew, and that relationship was governed by the Agreement and the Tenant Handbook. Nothing in Halprin supports the dismissal of Wetzel's case at this time. IV

Other Sections in This Document (38)

Full Text