Continuing a neighborhood dispute beyond the grave, a federal appeals court said that Fair Housing Act claims survive the death of a party.
The U.S. Third Circuit Court of Appeal said in Revock v. Cowpet Bay West Condominium Association that the Act is silent about survival claims. However, in a case of first impression, the judges said that federal courts have already provided a uniform rule for survival in many cases.
"Whether a Fair Housing Act claim survives the death of a party is an issue where a uniform federal common law rule is appropriate to fulfill the 'overall purposes' of the statute," the appeals panel said.
The court then reversed a judgment and remanded the case in favor of a woman who died during the litigation and another plaintiff in the case.