The Division's complaint , filed October 9, 2002, alleged that John Barrett, an Athens, Georgia apartment-complex owner and developer, violated the Fair Housing Act by failing to construct accessible housing in seven apartment complexes which he owns and operates. United States v. Hialeah Housing Auth. ), United States v. City of Jacksonville (M.D. On May 15, 2000, the Fifth Circuit reversed and vacated the jury's punitive damages award to Gene Lewis, holding that a plaintiff suing under the Fair Housing Act may not receive punitive damages absent an award of compensatory or nominal damages. The consent order has a term of three years. The court relied heavily on Seaton, 491 F.2d 634 and Robert G. Schwemm, Compensatory Damages and Federal Fair Housing Cases, 16 Harv. Gordon v. Pete's Auto Service of Denbigh, Inc. (4th Cir.). Consumer Financial Protection Bureau & United States v. Hudson City Savings Bank, F.S.B. ), United States v. Montagne Development, Inc. (D. On March 6, 2019, the Division, together with the United States Attorneys Office, filed a proposed consent decree in United States v. California Auto Finance (C.D. United States v. City of Sterling Heights, On March 20, 2017, the court entered a default, alleged that the owner, property management company, district manager, and maintenance employee of a 56-unit apartment building located in. No. Mich.), United States v. Candy II, d/b/a Eve (E.D. Written by. On September 15, 1998, the jury found liability against Danny LeBlanc and awarded Gene Lewis no compensatory damages, but $10,000 in punitive damages. The complaint also names Domco, LLC and Domco II, LLC. Constitutional Law Commons, Home | The case was referred to the Division after the Department of Housing and Urban Development (HUD) received a complaint, conducted an investigation and issued a charge of discrimination. The complaint alleges that the DOA discriminated on the basis of disability by failing to grant a reasonable accommodation to its no-pets policy to a HUD complainant, and alleges that DOA engaged in a pattern or practice of discrimination and/or a denial of rights against a group of persons for adopting a discriminatory policy and refusing to grant reasonable accommodations to persons with disabilities who need assistance animals. The complaint alleged that the Village planned and began the acquisition and demolition of dwellings in the two largest Hispanic communities in the Village by acquiring, demolishing, and planning to continue to demolish affordable and decent housing in those communities. The complaint, which was filed onDecember 19, 2012, alleged Clarendon Hill Towers violated the Fair Housing Act by refusing to rent to a couple because they had three minor children. The case was referred to the Division after the Department of Housing and Urban Development (HUD) received a complaint, conducted an investigation, and issued a charge of discrimination. The complaint further alleged that, in 1994, the Village, pursuant to the State of Illinois Tax Increment Allocation Redevelopment Act, Section 65 ILCS/11-74.4-3, created two redevelopment districts, the Army Trail/Mill Road and Michael Lane Tax Increment Financing districts (the "TIF districts"), as the means to accomplish these ends. On June, 23, 2020, the court entered a consent decree in United States v. Christensen (E.D. 3 (2003), Emotional Harm in Housing Discrimination Cases: A New Look at a Lingering Problem, Victor M. Goode, City University School of Law United States v. City of Hollywood (S.D. ), Southwest Key Programs, Inc. v. City of Escondido (S.D. Pursuant to the consent order, the defendants will remove steps to provide an accessible route through the property, build a new building containing 24 FHA compliant apartments, 8 of which will contain super-accessible features, and construct a new accessible leasing office. On March 3, 2020, the district court entered judgment for the United States and against the defendant on liability in United States v. City of Springfield (C.D. (D. N.J.), Consumer Financial Protection Bureau & United States v. National City Bank (W.D. Because of this refusal, the complainant allegedly was forced to move out. United States v. Makowsky Construction Company (W.D. Me.). On April 11, 2018, the United States entered into a settlement agreement resolving United States v. Belshaw (C.D. of Nebraska (D. This article will discuss the various types of housing discrimination and provide examples of each, with the hope of providing you with a better understanding of what it is and how to prevent it from happening to you or someone you know. The case was referred to the Division after the Department of Housing and Urban Development (HUD) received a complaint, conducted an investigation and issued a charge of discrimination. Mich.). Part II discusses the issue of bias in the process of reviewing discrimination cases from the perspective of critical race theory and recent social science data. On November 30, 2012, the court entered a consent decree in United States v. Geneva Terrace (W.D. The complaint, which was filed on December 10, 2008, and amended on November 2, 2009, alleged that a towing company in Norfolk, Virginia towed and sold a Navy Lieutenant's car without a court order, in violation of the SCRA. that Part examines the relationship between the size of the award and such factors as the type of housing involved, the family and employment status of the plaintiff, and the . ), alleging a pattern or practice of sexual harassment in violation of the Fair Housing Act. S.D. Wis.), United States v. District of Columbia (D.D.C. After the City denied the Islamic Associations application to build a religious cemetery, the United States opened an investigation of the Citys actions in September 2017. On January 7, 2005, the court entered a consent decree in United States v. West Creek, L.L.C. ), United States v. City of Columbus (S.D. Feedback |
. P.R. Emotional distress damages are potentially applicable in situations involving housing discrimination, injuries due to a landlord's neglect, uninhabitable housing, and many other instances. The Eighth Circuit Court of Appeals affirmed the district court's judgment and its opinion is reported at 184 F.3d. Texas Department of Housing and Community Affairs v. The Inclusive Communities Project, Inc. Complaint For Employment or Workplace Discrimination and Sexual Harassment, Housing Discrimination: U.S. Supreme Court Cases, Set different terms, conditions, or privileges for the sale or rental of a dwelling, Provide different housing services or facilities, Falsely deny that housing is available for inspection, sale, or rental, For profit, persuade owners to sell, or rent (blockbusting) or. The decree also established a five million dollar fund to compensate individual victims; over 1,600 households in the community received damages. The Village shall implement a comprehensive Redevelopment Plan for affordable, multi-family, owner-occupied housing. The United States also alleged that because of this discrimination, the complainants could not purchase the home of their choice from third-party sellers, and were forced into a far more expensive and less satisfactory home. No. v. Moline Builders, et al. The agreement also requires Twin Creek to adopt new polices to prevent future violations of the SCRA. Wis.). Fla.). On October 16, 2019, the United States Attorneys Office for the Southern District of New York filed a complaint in United States v. Atlantic Development Group, LLC (S.D.N.Y. Neb. The case was referred to the Division after the Department of Housing and Urban Development (HUD) received a complaint, conducted an investigation, and issued a charge of discrimination. ), United States v. Perlick Family Trust (E.D. https://scholarship.law.columbia.edu/faculty_scholarship/968, Civil Rights and Discrimination Commons, The United States' complaint, filed on March 2, 2005, alleged that Peter Altmayer intimidated and harassed his next door neighbors, and their two minor children, on the basis of their religion (Jewish) and national origins (Israeli and Mexican). Ill.). The complaint, which was filed on September 12, 2001, alleged that Defendants Victoria and Floyd Madsen, owners of Pioneer Village Mobile Home Park in Weiser, Idaho, violated the Fair Housing Act by refusing to rent a mobile home space to a woman and her adult son, on the basis of his mental disability; and that defendant Victoria Madsen made statements indicating that she did not want tenants with mental disabilities. (S.D.N.Y.). United States v. Nistler (D. Mont) (Nistler II), United States v. Nixon State Bank (W.D. Discrimination of any sort is simply unacceptable, and as evidenced by Jennifer's case, can have devastating consequences. United States v. County of Los Angeles (Antelope Valley) (C.D. 3604(f)(1), (f)(2), and (f)(3)(B), by refusing to grant the complainants request to transfer to a ground floor unit as a reasonable accommodation for his heart condition. ), United States v. Housing Authority of the City of Aurora (D. Colo.), United States v. Housing Authority of the City of Bridgeport, d/b/a Park City Communities (D. Conn.). violated the Fair Housing Act by failing to design and construct properties with required features for people with disabilities. This article explains why Cummings does not apply to most discrimination cases or other causes of action and provides advice when seeking emotional distress damages. On November 13, 2014, the United States filed a statement of interest in support of the Equal Rights Center's summary judgment motion. Cal. Emotional Harm in Housing Discrimination Cases: A New Look at a Lingering Problem, Mich.), United States v. Related Companies (S.D.N.Y. According to the complaint, Defendant Guy Emery told the son he would not rent to her because he did not want the liability of her slipping on the ice and getting injured. Mich.), United States v. Empirian Property Management, Inc. (D. The complaint alleged that the Countys denial of the permit imposed a substantial burden on the Muslim congregations exercise of religion that was not narrowly tailored to further a compelling governmental interest. Fla.), United States v. Triple H. Realty (D. N.J.), United States v. The City of Troy (E.D. Cal.). ), a Fair Housing Act election and pattern or practice case. They awarded damages based on their "Yes" to "Do you find by a preponderance of the evidence that the defendants violated the Fair Housing Act by Guy Emery's statement, either to (CN) or (DNA), with respect to the rental of an apartment, that indicated a preference, limitations, or discrimination, or an intention to make such a preference, limitation, or discrimination, on the basis that (DNA) used a wheelchair." Faculty Scholarship ), On November 4, 2013, the court entered the, Stipulation and Order of Settlement and Dismissal, second partial consent decree (PDF Version), United States v. Target Recovery Towing (M.D. Faculty Publications Mo. The consent order requires the city to permit the AICC to construct a mosque in the city. Tenn.), United States v. Maldonado d/b/a Midway Mobile Home Park (D. Kan.), United States v. Mammarrapallil (N.D. Ill.), United States v. Martin Family Trust (N.D. (D. Colo.), Avalon Residential Care, Homes, Inc. v. City of Dallas (N.D. The complaint also alleged that the defendants discriminated on the basis of race when their employees treated minority tenants less favorably than white tenants and used racial epithets against tenants on the basis of race. ), United States v. Sayville Development Group, LLC (E.D.N.Y. You can file a lawsuit seeking money to compensate you for harm that you have suffered. In our amicus brief in support of plaintiffs 'opposition to defendant's motion for summary judgment, we argue that a lender has a non-delegable duty to comply with ECOA, and, thus, is liable under ECOA for discriminatory pricing in loans that it approves and funds. Centannis alleged conduct includes, among other things, demanding sexual favors like oral sex to get or keep housing, offering housing benefits like reduced rent in exchange for sexual favors, touching tenants and applicants in a way that was sexual and unwelcome, making unwelcome sexual comments and advances to tenants and applicants, and initiating or threatening to initiate eviction actions against tenants who objected to or refused his sexual advances. La. Copied to clipboard. The complainant told Mr. Emery that refusing to rent to her because she used a wheelchair violated federal anti-discrimination laws. On March 19, 2018, the United States and the United States Attorneys Office entered into a settlement agreement resolving United States v. Fairfax Manor Group, LLC (W. D. Tenn.), a Fair Housing Act election case based on disability. On March 18, 2019, the United States filed a Statement of Interest in Ramapough Mountain Indians, Inc. v. Township of Mahwah (D. N.J.), a case brought under the Religious Land Use and Institutionalized Persons Act (RLUIPA). > The original HUD election complaint, filed on December 20, 2018, alleged that the defendant violated the Fair Housing Act on the basis of sex by subjecting two female HUD complainants to sexual harassment. The Federal Trade Commission has filed a separate action charging the same defendants with violating a number of federal consumer protection laws. Even if you are 80 years old and require the regular assistance of someone nearby, a landlord has no legal ground to refuse your tenancy if you have excellent credit history and references. Ky.). ), alleging that the owner of a single-family home in Florence, Oregon violated the Fair Housing Act on the basis of familial status by refusing to rent the home to a woman because she would be living with her four foster grandchildren. ), United States v. San Francisco Housing Authority (N.D. The United States filed a Statement of Interest arguing that, under the Act, the front doors and walkways are public use and common use portions of covered dwellings and therefore required to be accessible, regardless whether there is another accessible route into the unit. The complaint further alleged that Defendant Jarrah used racial slurs when explicitly instructing employees to exclude African-American, Hispanic and Asian-American patrons from the bar. The court held that the Parish broke the law when it failed to act on the request because of opposition from neighborhood residents and a member of the Parish Board. Ohio), United States v. Meadowlark Manor Condominium Association (W.D. W. Va.). 1143 The Township also agreed to review and amend its zoning ordinance to comply with the requirements of RLUIPA and to advise its officials and employees about the requirements of RLUIPA, among other remedial measures. Va.), United States v. Summerland Heights III, L.P (E.D. (E.D. ), United States v. Wallschlaeger (S.D. The consent decree requires the defendants to: pay $33,000 to the HUD complainant's Special Needs Trust and $4,500 to HOPE Fair Housing Center; adopt a reasonable accommodation policy and to obtain fair housing training. Va.), United States v. Fountainbleau Apartments (E.D. Enhanced accessibility features - including roll-in showers for persons who use wheelchairs - will also be available at all three complexes upon request. The consent decree requires defendants to pay $11,000 in damages to the estate of the complainant. Additional relief includes: an injunction prohibiting discriminatory housing practices by the defendants in the future; mandatory fair housing training for Mr. Barone and his employees; and an agreement that Ms. Barone will withdraw from the management of rental properties. Additional defendants are: Watergate/Treehouse Associates, L.P., Chanticleer Associates, L.P., New Colony Hilton Associates, L.P., Heritage Trace Apartments, LLC, PRG Ashton Creek Associates, LLC and New Hyde Park Associates, LLC. In addition, the agreement requires credit repair, policy charges and monitoring for SCRA compliance. The Office of the Comptroller of the Currency referred this matter to us. ), United States v. Father & Son Moving & Storage (D. The Coalition reported that on September 23, 2001, a young Indian-American Sikh was told by a manager to remove his turban or leave at its Springfield, Virginia club. In August 2018, the United States notified the City that it had concluded that the City had violated RLUIPA and intended to file suit, and offered the City an opportunity to negotiate a resolution. This harm can come in many forms. This is a Fair Housing Act pattern or practice/election case, which was referred to the Division by HUD and alleges discrimination on the basis of familial status. ), United States v. Stealth Investments, LLC (D. Idaho), United States v. Stevens and Anstine d/b/a Knollwood Partners (E.D. On June 28, 2000, the United States signed a settlement agreement with a real estate company settling our allegations that one of its former agents violated the Fair Housing Act on the basis of race by engaging in a pattern or practice of discrimination in the sale of a dwelling. Specifically, the complaint alleged the owners and managers of the Foster Apartments, either turned away black testers or steered them to an apartment building in a black neighborhood while encouraging whites to rent their other properties. Cal. Unfortunately, landlords in the United States may attempt to evict tenants with disabilities, refuse to make necessary repairs, or add accessibility features to their units. (D. Colo.). The case was litigated by the United States Attorneys Office for the Southern District of New York. Ala.). Document Cited authorities . Fair Housing Act Cases. ), United States v. SDC Legend Communities, Inc. (W.D. United States v. PHH Mortgage Corp. (D. N.J.). On March 25, 2019, the United States Attorney's Office filed a complaint and proposed consent decree in United States v. 118 East 60th Owners, Inc. United States v. Riverbay Corporation (S.D.N.Y. S.D. On July 15, 2020, the County filed a motion to dismiss the United States Complaint. The consent order, includes equitable relief requiring that the defendant, among other items, undergo training, change its policies, and report semi-annually to the United States. To view the content in your browser, please download Adobe Reader or, alternately, This is a Fair Housing Act disability discrimination case filed by the owners of two recovery houses for people with addictions, who allege that the city of New Haven failed to make a reasonable accommodation by allowing more than eight to ten persons to reside in the houses. ), United States v. Albanese Organization, Inc. On October 21, 2003, the court entered a consent decree resolving United States v. Pacific Northwest Electric (D. Idaho). The agreement also provided that the company issue a non-discrimination statement, recruit qualified prospective customers from the state's insurance plan, conduct random testing, no longer exclude homes solely on the basis of the age or sales price of the home, and provide a new custom value policy so that quality insurance coverage will be more widely available. The settlement provides for $35,000 for complainants, $35,000 for additional aggrieved persons, and a $25,000 civil money penalty, as well as injunctive relief. ), United States v. City and County of Honolulu Autoworks Inc, d/b/a All Island Towing (D. This fianl consent decree resolves allegations against the architect of the Verdesian, SLCE Architects, LLP. ), United States v. Southport Bank (E.D. On March 15, 2019, the parties entered into a settlement agreement to resolve the case. Mich.), United States v. Van Raden Properties, Inc. (D. Minn.), United States v. Village of Addison (N.D. Ill.). The agreement requires accessibility improvements to the apartment units and the complexes' common areas. Thecomplaint, which was filed on January 19, 2001, alleged that a developer and an architect failed to design and construct a 226-unit apartment complex in Greenville, North Carolina, with the features of accessible and adaptable design required by the Fair Housing Act. As part of the agreement, Bensalem Township, Pennsylvania will permit the Bensalem Masjid, a Muslim nonprofit religious organization, to use its property for the purpose of building a mosque. d/b/a Selma Comfort Inn (S.D. After the permit was denied, Unity House continued to operate legally with five residents. The complaint alleges that PRG Real Estate Management, a property management company, and related entities, engaged in a pattern or practice of violating the Servicemembers Civil Relief Act (SCRA), 50 U.S.C. The complaint, which was filed on March 16, 2020, alleged that the owner of a 21-unit apartment building in Pullman, Washington violated the Fair Housing Act on the basis of disability by refusing to allow a woman to live with her assistance dog and then fining her and beginning eviction proceedings against her and her son. 1-877-979-FAIR info@fhcmichigan.org In Ravina v. Columbia University and Geert Bekaert, 16-cv-2137, 2019 WL 1450449 (S.D.N.Y. The complaint, which was filed on February 22, 2018, alleged that the defendant university discriminated on the basis of disability when itrefused to make a reasonable accommodation to allow a university employee who lived on campus to keep her emotional support animal in her university-owned apartment. 3955, by imposing lease termination charges against 13 servicemembers who had properly terminated their residential leases under the SCRA. Miss. Mich.), United States v. Testa Family Enterprises (N.D. Ohio), United States v. Texas Champion Bank (S.D. Miss.). Ill.), United States v. Webster AV Management, LLC (S.D.N.Y. Ill.) (consolidated with Valencia v. City of Springfield (C.D. The United States filed this case after a determination by the Department of Housing and Urban Development [HUD] that reasonable cause existed to believe that Bank United discriminated against a loan applicant and her children on the basis of disability. United States and Consumer Financial Protection Bureau v. BancorpSouth Bank (N.D. This, and future civil rights legislation, would be characterized by the development of a national agenda . The California Department of Fair Employment and Housing issued Plaintiff a right-to-sue letter within one year before the filling of this lawsuit. Pa.). Md. On August 6, 2010, a federal jury in Detroit returned a $115,000 verdict against Glenn Johnson, Ronnie Peterson and First Pitch Properties LLC in United States v. Peterson (E.D. The case was referred to the Division after the Department of Housing and Urban Development (HUD) received a complaint, conducted an investigation and issued a charge of discrimination. United States v. American Honda Finance Corporation (C.D. The second partial consent order, entered on February 24, 2014, required the developer, builder, and original owner defendants to complete retrofits at each property to bring them into compliance with the FHA and ADA. Under the terms of the consent decree the Village shall: pay $5,000 to each of the forty-four households in Green Oaks who were relocated as a result of the Village's acquisition and/or removal of buildings prior to the entry of this consent decree; establish a fund in the amount of $100,000 for private plaintiffs representing the class pursuant to the notice; pay $1, 000 to any household displaced in the center core of Green Oaks Courts pursuant to the implementation of the Plan; pay $60,000 to Hispanics United of DuPage County, the Hispanic Council, and the Leadership Council for Metropolitan Open Communities; pay $30,000 into an interest-bearing account to be used in furtherance of fair housing in Addison by enhancing awareness of the requirements of federal fair housing laws. Cir. ) of sexual harassment in violation of the Currency referred this matter to us three upon. The complaint also names Domco, LLC and Domco II, d/b/a Eve ( E.D requires defendants pay... 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