Making assumptions about someone's abilities or character based on their ethnicity and basing a housing decision on that is also an example of national origin discrimination. On September 10, 2020, the United States filed an amended Fair Housing ActcomplaintinUnited States v. City of Hesperia(C.D. Wash.). Under the terms of the consent decree the defendants will establish a settlement fund of $20,000 to compensate victims, pay $5,000 in civil penalties to the United States, eliminate the restrictions on children, and provide training on the Fair Housing to their staff. Groome and United States v. Jefferson Parrish (E.D. Fla.). A court can award you interest on the injury to feelings and financial loss parts of your compensation. Corp. (D. Nev.), United States v. Pacific Properties (D. Nev.), United States v. Pacifico Ford, Inc. (E.D. United States v. St. Bernard Parish (E.D. Accessibility Statement. 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 ADA requires landlords to make reasonable accommodations for tenants with mental or physical disabilities, not to refuse them, or treat tenants with disabilities differently. Mass. 3955, by imposing lease termination charges against 13 servicemembers who had properly terminated their residential leases under the SCRA. ), United States v. Mid America Bank, fsb (N.D. Ill.), United States v. Midtown Development, LLC (S.D. On March 29, 2019, the United States District Court for the Northern District of New York issued an opinion granting CFCs motion for a preliminary injunction and enjoining the Village from enforcing the ordinance to prevent CFC from using the property as a church until further proceedings are held. The court's opinion adopted the United States' argument that the plaintiff in a design-and-construction case may demonstrate liability by showing that the defendant did not follow the HUD FHA Guidelines, and that the defendant may overcome this showing only by demonstrating compliance with another, comparable accessibility standard. (S.D.N.Y. ), United States v. PRG Real Estate Management (E.D. This case was handled primarily by the U.S. Attorney's Office. Mich.), United States v. Genesis Designer Homes (S.D. United States v. Equity Homes, Inc. (D. The decree also provides for training of employees and record-keeping and reporting. The United States had filed a statement of interest on November 1, 2010. Ala.), United States v. Fitchburg Housing Authority (D. This includes refusing to sell a house to someone based on race, national origin, religion, gender, sexual orientation, disability, or family status. Co. (W.D. Attorneys' Offices of the Eastern and Western Districts of Michigan. Emotional Harm in Housing Discrimination Cases: A New Look at a Lingering Problem, (E.D.N.C.). The Fair Housing Act is a federal law that prohibits housing and housing-related discrimination based on race, color, religion, national origin, gender, familial status, or disability. ), United States v. Landings Real Estate Group (D. Conn.), United States v. Larkspur, LLC (S.D.N.Y. The federal fair housing laws became effective in 1968. This case was referred to the Department of Justice by the Fair Housing Center of Southeastern Michigan. In the consent order, the defendants admit that African American and Latino individuals were wrongly excluded from the club. The court ordered Springfield to submit a remedial plan to cure these violations within 90 days. In the first, Cummings v.Premier Rehab Keller, the Court will decide whether victims of discrimination by federal funding recipients, including health care providers, can seek damages for emotional distress under Section 1557 of the Affordable Care Act, Section 504 of the Rehabilitation Act, and other federal civil . This article was initially published in Volume 30 of the Fordham Urban Law Journal and is republished with permission. 3604(f)(3)(C), and the Americans with Disabilities Act, 42 U.S.C. United States v. Highland Management Group, Inc. (D. Minn.). Pa.). A trial was held in Benton, Illinois on June 19-20, 2006 in the case of United States v. Zellpac Inc. (S.D. The complaint alleges that defendants, the designers and the builder, failed to design and construct five multifamily complexes in Hawaii in a manner that complies with the accessibility requirements of the Fair Housing Act. On September 11, 2020, the United States filed an amended complaint in the Eastern District of Virginia in All Muslim Association of America, Inc. v. Stafford County, et al. The consent decree requires standard injnctive relief, non-discriminatory occupany standards, record-keeping, reporting and training. United States v. Nistler (D. Mont) (Nistler II), United States v. Nixon State Bank (W.D. The Civil Rights Division and the U.S. Attorneys Office for the Central District of California are handling the case jointly. Ill.), United States v. Village of Walthill, NE (D. 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. preserve any evidence that tends to show the emotional harm you have suffered, and continue to suffer, including journals, emails, texts, and . United States v. Greenbrier Homeowners Association (D. Minn.), United States v. Grand Canyon Enterprises (D. Nev.), United States v. Government of Guam (D. Guam), United States v. Guaranteed Auto Sales (D. Mich.), Hand in Hand/Mano en Mano v. Town of Milbridge, Maine (D. ), a Fair Housing Act election and pattern or practice case. Ky.), United States v. Habersham Properties, Inc. (N.D. Ga.), United States v. Hallmark Homes (D. Idaho), United States v. Randy Hames and Hames Marina, d/b/a Hames Marina and Mobile Home Park (N.D. Ala.), United States v. Hampton Corporation (D. N.D.), United States and the North Carolina Fair Housing Center v. Harris, Thetford Properties IV L.P. 0520130618, (June 9, 2017 . The United States also filed an amicus brief in the district court. Mich.), United States v. Related Companies (S.D.N.Y. Additionally, the defendants will pay $400,000 to compensate nine plaintiffs in a related private suit. On August 12, 2019, the court approved the entry of settlement agreement and agreed order resolving United States v. First Merchants Bank (S.D. The complaint alleged that the defendants, who are the owners and operators of Traditions of Hanover, a senior living facility, violated the Fair Housing Act by, inter alia, enacting a policy that required residents who use wheelchairs to transfer from their wheelchairs into a dining room chair, enacting a policy that required residents who used motorized and non-motorized wheelchairs to pay a non-refundable deposit, and requiring residents to sign a lease that imposes conditions such as requiring an initial physical assessment as a requirement of tenancy and potential eviction if a resident develops certain health conditions. The consent decree will require Bathrick to pay $360,000 to twelve aggrieved persons and $40,000 to the United States as a civil penalty, enjoin Bathrick from discriminating on the basis of sex, and require him to retain an independent management company to manage his rental properties. Recent New York appellate decisions will impact municipal tort litigation. The court subsequently denied summary judgment for the defendants, and the case is currently on appeal regarding class certification. The consent decree requires the defendants to pay $17,500 to the servicemember and a civil penalty of $2,500, as well as to adopt new policies and procedures to avoid SCRA violations in the future. On April 11, 2018, the United States entered into a settlement agreement resolving United States v. Belshaw (C.D. Here are some examples of housing discrimination. The defendants must also offer to pay current owners to correct certain inaccessible features within condominium units, including those found in bathrooms and kitchens. The defendants will also undergo fair-housing training, and comply with record-keeping and reporting requirements. 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. 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. The complaint further alleged that the County discriminated against the ICC based on religion. The amended complaint added No Joke Properties, Inc., as a corporate defendant that managed some of the properties where the alleged discrimination occurred. The Departments complaint also alleges that First Merchants adopted a residential mortgage lending policy that had the effect of denying residents of predominantly African-American neighborhoods equal access to credit in violation of federal law. On or about December 17, 2001, the complainant met with defendant Guy Emery and viewed the apartment. United States v. Nissan Motor Acceptance Corp. (M.D. ), United States v. Pacific Northwest Electric, Inc. (D. Idaho). A .gov website belongs to an official government organization in the United States. 1143 Home The complaint , which was filed on August 28, 2015, alleges that the owners and manager of an eight-unit apartment complex in Sioux Falls, South Dakota violated the Fair Housing Act on the basis of disability by refusing to allow a tenant to return from a nursing facility to his unit if he was using a wheelchair because it could damage the carpet. On September 28, 2020, the United States filed a complaint and aconsent order in United States v. Western Rim Investors 2011-4, L.P., d/b/a The Estates At Briggs Ranch and Western Rim Investors 2011-3, L.P. d/b/a The Mansions At Briggs Ranch (W.D. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Wash.). For webmasters |. The consent order requires certain retrofits to units and common areas in the building in addition to reporting and training requirements and a payment of $5,000 to the HUD Complainant, the Denver Metro Fair Housing Center. In its complaint, filed together with the agreement in U.S. District Court in Los Angeles on July 31, 2000, the Division alleged that Yoder-Shrader Management Company, a large apartment management company discriminated against apartment seekers on the basis of race and national origin, in violation of the Fair Housing Act. 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. Cal. ), Tony Roque v. Seattle Housing Authority (W.D. Tex.). (W.D.N.Y. Another woman testified that she had sex with Johnson at least 20 times because he threatened that the owner would evict her if she did not. . On November 23, 2017, the United States Attorneys Office entered into a. , which was filed on August 28, 2015, alleges that the owners and manager of an eight-unit apartment complex in Sioux Falls, South Dakota violated the Fair Housing Act on the basis of disability by refusing to allow a tenant to return from a nursing facility to his unit if he was using a wheelchair because it could damage the carpet. The amendment capped the sum of compensatory and punitive damage awards for intentional discrimination according to a sliding scale up to $300,000. 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. The consent decree provides for $100,000 in damages to compensate aggrieved individuals and a $30,000 civil penalty, as well as standard injunctive relief, including fair housing training, adoption of a nondiscrimination policy, and reporting requirements. The case was primarily handled by the United States Attorneys Office. The complaint, which was filed on July 20, 2017, alleged that the complainant, a mother of an infant child, visited the White Cliffs at Dover apartments to inquire about two-bedroom apartments, but was told that White Cliffs had a policy of placing families with children under the age of 10 in first floor units only, and that no first floor units were currently available, nor was there room on the waiting list for first floor units. Ala.), United States v. City of Satsuma, Alabama (S.D. Me.). Fla.), United States v. Conn Credit I, LP, et al. On October 27, 2010, the Division participated in oral argument as amicus in Gordon v. Pete's Auto Service of Denbigh, Inc. (4th Cir. Copyright 2023, Thomson Reuters. (E.D. There is a great range of awards, with some courts awarding only nominal damages of $1 and others setting awards of over $20,000. The court relied heavily on Seaton, 491 F.2d 634 and Robert G. Schwemm, Compensatory Damages and Federal Fair Housing Cases, 16 Harv. The settlement agreement requires United Communities to pay $45,001.78 in damages to 13 servicemembers and a $17,500 civil penalty to the United States. Mich.), United States v. Van Raden Properties, Inc. (D. Minn.), United States v. Village of Addison (N.D. Ill.). ), United States v. Blue Meadows Apartments (D. Idaho), United States v. BMW Financial Services (D. N.J.). United States v. Rathbone Retirement Community, Inc. (S.D. (E.D.N.Y. Pa.), Defiore v. City Rescue Mission of New Castle (W.D. ), Opulent Life Church v. City of Holly Springs (5th Circuit). The consent order also contains provisions for monitoring of Pioneer Village's tenant and applicant records, and for requiring the defendants to advertise to the public in accordance with HUD's fair housing advertising guidelines. The defendants appealed the jury verdict and the district court's injunction prohibiting the defendants from engaging in future acts of discrimination. (E.D. At trial, the jury returned a verdict finding that Zellpac and Emery had violated the disability provision's of the Fair Housing Act. VIII (S.D. Ala.), United States v. Lawrence Downtown Holdings LLC (formerly United States v. Equity Residential)(S.D.N.Y. Wis.), United States v. Wilmark Development Company (D. Nev.). United States v. Applewood of Cross Plains (W.D. La.). On June 25, 2020 the court entered a consent decree in United States v. Heritage Senior Living, LLC (E. D. Pa.). United States v. Silverstein Properties, Inc. United States v. Village of Suffern (S.D.N.Y. On April 22, 2005, the court entered a consent decreein United States v. Chateau Village Apartments (N.D. Ill.), a Fair Housing Act election disabilitycase. On June 14, 2016, the court entered the consent decree in United States v. Brinson (D. Nev.), a Fair Housing Act election referral alleging a pattern or practice of familial status discrimination. Tenants (current and prospective) have several ways to fight unlawful discriminationincluding negotiating a settlement with a landlord (perhaps with a mediator's help) and filing a complaint with a government fair housing agency that may result in a conciliation agreement between landlord and tenant. Wash.). If your case involves a lot of money or is complex, you will probably need the help of a lawyer to file a civil lawsuit. Mich.), United States v. Orchard Hill Building Co. Inc.(N.D. Ill.). On July 9, 2019, the United States filed a HUD election complaint and proposed consent decree in United States v. The Bay View Association of the United Methodist Church (W.D. The lawsuit seeks a court order directing the defendants to retrofit these buildings to make them accessible to people with disabilities, to make changes to policies and procedures, and to compensate individuals who suffered discrimination due to the inaccessible conditions. ; Landmark Engineering, Inc.; Hillcrest Associates, Inc.; Howard L. Robertson, Inc.; and Land Tech, L.L.C. ), United States v. City of Pooler, GA (S.D. United States and State of North Carolina v. Auto Fare, Inc. The complaint also alleged that the denial imposed a substantial burden on the religious exercise of the community intending to build a mosque without a compelling governmental justification pursued through the least restrictive means and discriminated against the community based on religion or religious denomination. United States v. Hous. The bank agreed to resolve this matter without a trial and entered into a consent decree, which provided $25,000 in monetary compensation to the complaints, established procedures for processing mortgage applications where the applicant relies on disability income to qualify, and required bank employees to receive training on the Fair Housing Act. 3931 and 3955, when they: (1) obtained default judgments against servicemember-tenants without filing an affidavit disclosing the tenants military status to the court; and (2) imposed early termination fees on servicemembers who terminated their leases pursuant to military orders. Cal. 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. Referring to the plaintiff's complaint, the Supreme Court stated, "[T]he relief sought here-actual and punitive damages-is the traditional form of . 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