mezuza off door
masinter at NSU.ACAST.NOVA.EDU
Wed Apr 16 22:50:53 PDT 1997
There is no need to litigate exotic theories of state action; as I said in
an earlier post, the Fair Housing Act provides a remedy against the
association and its directors and officers responsible. The cheap and
easy solution is to file an adminisative complaint with HUD, who can seek
compensatory damages and an injunction on your behalf. Call or write if
you like; I have litigated Fair Housing Act claims.
Michael R. Masinter 3305 College Avenue
Nova Southeastern University Fort Lauderdale, Fl. 33314
Shepard Broad Law Center (954) 262-6151
masinter at law.acast.nova.edu
On Wed, 16 Apr 1997, David F. Klein wrote:
> I appreciate your response to my post.
> I am an attorney in Honolulu (criminal defense) who has been faced with the
> problem of the mezuza..
> Interest enough, I may not have a problem with state action as the the
> condo is leasehold (leasehold is common in Hawaii as it stems from the
> Monarchy owning everything and the people using just what they need).
> The land is actually owned by the City and County of Honolulu and leased to
> the Association on a 99 year lease. I am sure the lease would contain
> non-discrimination clauses. I have yet to obtain a copy of the lease.
> The association sent out a notice that the mezuza is to be removed by April
> 21, 1997 (which happens to be the first night of Passover). If it is not
> removed, they claim that the owner of the apartment will have to pay $10
> per day which will result in a lien being filed against the property.
> I plan to file for an injunction to prohibit the condo from filing the
> lien, enforcing any type of violation and removal of the mezuza.
> The condo has indicated that this rule applies to everyone. I cannot
> recall if at Christmas people had wreaths on their doors. I do recall a
> large Christmas tree in the lobby of the building (I am not suggesting that
> the Christmas tree be banned), but wonder if this should be used in the
> pleadings. I do not wish to offend anyone at the building by suggesting
> that the tree not be allowed.
> David F. Klein
> Pacific Tower, Suite 1510
> 1001 Bishop Street
> Honolulu, Hawaii 96813
> tel: 808 523-7774
> fax: 808 537-2322
> dfklein at aloha.net
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