National Association for Rights Protection and Advocacy
Michael’s practice focuses on litigation under the Fair Housing Act (FHA) and Americans with Disabilities Act (ADA). He has been lead counsel in federal litigation and HUD administrative complaints concerning the obligation of state and municipalities to “affirmatively further fair housing.” Notable cases involve Westchester County (New York), the State of Texas, the State of New Jersey and Sussex County (Delaware).
Mr. Allen joined Relman, Dane & Colfax in June 2006, after 11 years at the Bazelon Center for Mental Health Law and a decade at Legal Services of Northern Virginia. In addition to his focus on housing rights, Michael spearheaded the Bazelon Center's efforts to oppose involuntary outpatient commitment (IOC). He has worked closely with NARPA and with state-based civil rights advocates to turn aside legislative efforts to expand IOC, and to promote alternative approaches. He spoke widely on the topic, and appeared on national television and radio. His writing on IOC issues has appeared in The Washington Post, the St. Louis Post Dispatch and Psychiatric Services. He is a 1979 graduate of Georgetown University, and received his law degree in 1985 from the University of Virginia. He is admitted to practice in the District of Columbia and Virginia.
Michael Allen has developed and litigated a number of innovative cases, including:
National Fair Housing Alliance v. S.C. Bodner Co., 844 F. Supp.2d 940 (S.D. Ind. 2012) (subsequent purchasers of covered multifamily dwellings may be liable for continuing to rent inaccessible units);
State of Connecticut Office for Protection and Advocacy v. State of Connecticut, 706 F. Supp.2d 266 (D. Conn.2010) (Protection & Advocacy agency has standing to pursue claim under Title II of the Americans with Disabilities Act; class certified);
McNamara v. Ohio Bldg. Authority, 697 F. Supp.2d 820 (N.D. Ohio, March 19, 2010) (Title II of the Americans with Disabilities Act can impose non-discrimination obligations on private entities);
Overlook Mutual Homes, Inc. v. Spencer, 666 F. Supp.2d 850 (S.D. Ohio 2009) (emotional support animal can qualify as reasonable accommodation under Fair Housing Act without specialized training);
National Fair Housing Alliance v. A.G. Spanos Const., Inc., 542 F. Supp.2d 1054 (N.D. Cal. 2008) (standing and continuing violation theory in design and construction case brought under the Fair Housing Act);
Anti-Discrimination Center of Metro New York v. Westchester County, 495 F. Supp.2d 375 (S.D. N.Y. 2007) and 668 F. Supp.2d 548 (S.D. N.Y. 2009) (False Claims Act and obligation to affirmatively further fair housing).
- See more at: http://www.relmanlaw.com/attorneys/mallen.php.
His writing includes:
· Reconstructing Fair Housing, available at http://www.ncd.gov/rawmedia_repository/c8b3f693_4dbb_482d_92c7_b16d37858b4c.pdf
· For the Rest of Their Lives: Seniors and the Fair Housing Act, available at http://www.bazelon.org/Where-We-Stand/Community-Integration/Housing/Housing-Policy-Documents.aspx
· NIMBYism: Using the Fair Housing Act to Overcome Municipal Opposition, available at http://www.housingonline.com/Documents/TCA%20Issues/TCAaPriL2009.pdf