), a case alleging that Quicken Loans discriminated against borrowers with disabilities by requiring that they provide a letter from a doctor as a condition of their loans. First Merchants will also open a branch and loan production office to serve the banking and credit needs of residents in predominantly African-American neighborhoods in Indianapolis. ), United States v. Village of Hatch (D. N.M.). (E.D. Pa.), United States v. Park City Communities (f.k.a. Home The complaint, filed on April 15, 2004, alleged a pattern or practice of race discrimination by the owners of apartments in Chalmette, Louisiana. Ala.). (E.D. United States v. Lexington Village Apartments and Hillcrest Village (D. N.J.), United States v. Little Rock Planning Commission (E.D. Pa.), United States & Willborn v. Sabbia (N.D. Ill.). 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. According to housing discrimination attorneys, the best way to gather evidence for a case with state or local fair housing officials or HUD is to actively listen to landlords, agents, brokers, and lenders, take notes, and look for red flags. > Under the settlement agreement, the defendants agree to pay Ms. Poeschel $30,000 in damages and attorneys fees and to adopt a new reasonable accommodation policy. The defendants must also offer to pay current owners to correct certain inaccessible features within condominium units, including those found in bathrooms and kitchens. Co. (W.D. Defendant selected the mobile homes located on Elm Street for exclusive enforcement of the 1993 zoning ordinance because of the large concentration of families with permanent resident aliens of Mexican national origin which resided in mobile homes on Elm Street. and . ), United States v. Lucky Joy Restaurant, Inc. Gender-based housing discrimination victims may have more difficulty finding suitable housing, which can lead to financial insecurity and devastating health consequences. 30 Fordham Urb. Mass. The complaint alleges that Gary Price, the manager of residential rental properties in the Harrisonburg area of Virginia, sexually harassed female tenants and discriminated against tenants on the basis of race by, among other things, using racial slurs and excluding or attempting to exclude tenants guests on the basis of the guests race, in violation of the Fair Housing Act. Merchant's racial slurs violated customer's civil rights, N.J. court says. The complaint alleged that Citi repossessed 164 automobiles between 2007 and 2010 from protected servicemembers without first obtaining court orders, in violation of Section 3952 of the Servicemembers Civil Relief Act (SCRA). On November 21, 2018, the United States filed an amended complaint in United States v. Pelfrey (W.D. The complaint, filed on September 15, 2005, alleged that the Village Board's actions were taken on account of the disability of the residents, in violation of Section 804(f)(1) of the Fair Housing Act, and also that the Village failed to make a reasonable accommodation in violation of Section 804(f)(3)(b). The firm is also required to retain documents related to its design of the buildings. On October 1, 2020, the court entered a consent decree in United States v. Klosterman (S.D. The complaint also alleged that the defendants may have towed and sold at least twenty servicemembers' cars without court orders. ), United States v. Loventhal Silver Riverdale LLC (S.D.N.Y. extell development stock. Thecomplaint allegedthat the bank violated the Fair Housing Act and Equal Credit Opportunity Act on the basis of race andnational origin when itrefused to take mortgage loan applications from areas in Connecticut and Westchester County, New York with significantAfrican-American and Hispanic populations. United States v. Village Realty of Staten Island Ltd. Pa.), Defiore v. City Rescue Mission of New Castle (W.D. Victor M. Goode and Conrad A. Johnson, The original complaint, filed on December 23, 2010, alleged that the defendants engaged in a pattern or practice of sexual harassment in housing at properties that they own and operate in and around Toledo, Ohio in violation of the Fair Housing Act. The consent order provides for $42,250 in damages to the HUD complainant, as well as standard injunctive relief. This article briefly describes the Fair Housing Act and the Fair Housing Act Amendments of 1988 and the problem of tenant hoarding in society and under the law. The church filed a First Amendment suit and sought a preliminary injunction to allow it to rent the facility. The United States notes that the Supreme Court in 1981 held that a university could not discriminate against student groups and speakers based on their desire to use a generally open forum to engage in religious worship and discussion, and that later cases make clear this applies to other types of forums opened up by governments. Please try again. ), United States v. SDC Legend Communities, Inc. (W.D. The complaint seeks injunctive and declaratory relief. However, sometimes the circumstances of discrimination are so intolerable that a court will allow employees to recover under multiple legal claims, including intentional infliction of emotional distress (IIED). ), United States v. Housing Authority of the City of San Buenaventura (C.D. The judgment awards civil penalties of $55,000 against Anthony James, $30,000 against Christopher Terrill James, and $5,000 against Kisha James; and prohibited Anthony James and Christopher Terrill James from directly or indirectly participating in property management at residential rental properties in the future. On April 12, 2018, the United States entered into a settlement agreement resolving United States v. Riexinger(E.D. The complaint was originally brought to the Division's attention through a private local attorney. Or. 3955, by imposing lease termination charges against 13 servicemembers who had properly terminated their residential leases under the SCRA. This, and future civil rights legislation, would be characterized by the development of a national agenda . (E.D.N.Y. ), United States v. J & R Associates (D. Below is a list of U.S. Supreme Court cases involving fair housing and housing discrimination, including links to the full text of the U.S. Supreme Court decisions. On November 16, 2018, the United States filed a complaint in United States v. Town of Irmo (D. S.C.), based on a land-use or zoning referral from the Department of Housing and Urban Development. United States v. Gulf Shores Apts (S.D. On August 18, 2020, Stafford County revised its cemetery ordinance to impose 656-foot distance requirements between cemeteries and private wells along with an expensive, lengthy, and unnecessary permitting process, thereby prohibiting the All Muslim Association of America (AMAA) from developing a religious cemetery on the vast majority of the land it bought for such purpose. The court subsequently denied summary judgment for the defendants, and the case is currently on appeal regarding class certification. ), United States v. Lincolnshire Senior Care LLC (N.D. Ill.), United States v. LNL Associates (D. Kan.), United States v. Loki Properties (D. Minn.), United States v. Long Beach Mortgage Company (C.D. The decree also established a five million dollar fund to compensate individual victims; over 1,600 households in the community received damages. Rutherford County, Tenn., is the defendant in the civil case, and had granted permission for the construction of the mosque. The statement of interest states that (1) Smith v. City of Jackson did not overrule, explicitly or implicitly, decades of Fair Housing Act disparate impact precedent, (2) disparate treatment claims do not require proof of ill intent, and (3) Equal Credit Opportunity Act claims do not require a denial of credit. 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. The complaint, which was filed on January 18, 2017, against the designers and developers of The Verdesian, an apartment building in New York City, alleged that the defendants violated the Fair Housing Act by failing to design and construct The Verdesian so as to be accessible to persons with disabilities. Here are some examples of housing discrimination. My Account | EEOC EMOTIONAL DISTRESS AWARDS . The Village will pay $25,000 in monetary damages to the owner, and $7,500 to each of two residents who were forced to leave the home in 2003, as well as a $15,000 civil penalty. The complainants filed a lawsuit in this matter in March, 2004. Va.). ), United States v. Quality Built Construction, Inc. (E.D.N.Y. Furthermore, individuals who engage in discriminatory housing practices, or knowingly aid or abet such discrimination, may face criminal charges dictated by federal law. 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. Witherington (S.D. Psychotherapy records are discoverable in cases involving emotional distress. The case, Redeemer Fellowship of Edisto Island v. Town of Edisto Beach, involves a small Christian congregation that sought to rent space for Sunday worship in the Civic Center, which is available for rental by community groups to hold events and activities. On October 22, 2002, the court (Lawson, J.) ), United States v. Urban Rental Company (C.D. ), United States v. Matusoff Rental Company (S.D. This harm can come in many forms. In the consent order, filed on June 20, 2001, the Defendants agreed to pay $5,000 in damages to the complainant and her son. The complaint, which was filed on November 16, 2005, alleged that the defendants refused to sell property located in the Village of Sherman, County of Sagamon, Illinois to the HUD complainants because the planned use for the property was as a group home for adults with developmental disabilities. ), United States v. Trinity Villas, Inc. (M.D. These orders can require a . Prashads alleged conduct includes making unwelcome sexual advances and comments; engaging in unwanted sexual touching; offering to grant tangible housing benefits in exchange for engaging in sexual acts; refusing to provide maintenance or taking adverse housing actions against female tenants who resisted or objected; intimidating female tenants by monitoring them from outside their apartments or rooms; and, after receiving notice of Besaws sexual harassment of female tenants, failing to take any action to prevent Besaw from future sexual harassment. Pa.), United States v. Stonecleave Village Ass'n, Inc. (D. (S.D.N.Y. Cal.). The United States also filed an amicus brief in the district court. In addition, the defendants are required to: pay damages in the amount of $29,000 to persons harmed by the lack of accessible features at the complexes; pay $5,000 in damages to the Intermountain Fair Housing Council ("IFHC"); and ensure that new construction complies with the Fair Housing Act with respect to new construction comply with the provisions of the Fair Housing Act. The settlement agreement requires Hatfield to pay $550,000 in damages to 17 actual or prospective residents of Hatfields properties and a $50,000 civil penalty. United States v. Bensalem Township (E.D. If you have experienced these situations or have been otherwise mistreated regarding housing issues, take action. United States & Stadtlander v. Warren Properties, Inc. (S.D. Neb. Fla.), a Fair Housing Act pattern or practice case developed by the Division's Fair Housing Testing Program. Available at: https://ir.lawnet.fordham.edu/ulj/vol30/iss3/17. The defendants include Paul Jeffrey Pritchard, individually and as the trustee of the Paul Jeffrey Pritchard Trust; the Paul Jeffrey Pritchard Trust; the Kim Susanne Pritchard Trust; Kim Susanne Pritchard, as the trustee of the Kim Susanne Pritchard Trust; and Debra M. Schmidt. Mich.), United States v. Orchard Hill Building Co. Inc.(N.D. Ill.). On March 8, 2016, the court entered the consent order in United States v. Rappuhn (N.D. Ala.), a design & construction lawsuit involving the accessibility provisions of the Fair Housing Act and Americans with Disabilities Act. Tex.). On August 23, 2007, the court entered a consent order in United States v. Bathrick (D. Minn.), a pattern or practice sexual harassment case brought under the Fair Housing Act. United States v. Tel-Clinton Trailer Courts, Inc. (E.D. EMOTIONAL HARM IN HOUSING DISCRIMINATION CASES: A NEW LOOK AT A LINGERING PROBLEM Victor M. Goode* and Conrad A. Johnson** INTRODUCTION With the United States Supreme Court's condemnation of legal segregation in Brown v. Board of Education' in 1954, and a vigor-ous civil rights movement that led to the passage of the 1964 Civil Pa.). Fla.), United States v. City of Jackson (S.D. 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). 1. On April25, 2019, the United States filed the agreement with the Court and asked the Court to retain jurisdiction to enforcement its terms while also dismissing the underlying action. 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 December 12, 2016, the United States filed a complaint in United States v. County of Culpeper (W.D. The Equal Opportunity Office and Office of Special Investigations at McConnell Air Force Base and KHRC assisted with the Division's investigation. Sadly, landlords and house owners causing potential tenants physical and emotional harm in housing discrimination cases is common. United States v. The Bigelow Group, Inc. (N.D. Ill.), United States v. Blackpipe State Bank (D. Ill.), United States v. Shanrie Co. Inc. ("Shanrie II") (S.D. 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." The complaint alleges that Gus Crank and Penny Crank, who manage and own rental property in Dayton, Kentucky, violated the Fair Housing Act by engaging in a pattern or practice of sexual harassment against female tenants and coercing, intimidating, threatening, or interfering with tenants in the exercise of their fair housing rights. 3d 472 (SDNY March 1, 2016). United States v. Ashford County Housing Authority (M.D. ), United States v. Atlantic Development Group, LLC (S.D.N.Y.). The consent decree requires the defendants to pay $47,500 to two HUD complainants and $10,000 to the United States as a civil penalty. (E.D. Iowa). The fact that people with disabilities face discrimination in the housing market, and that health care services available to them are often inadequate, speaks volumes about the necessary changes that must be implemented. On September 29, 2020, the United States filed a complaint and a consent order in United States v. Price (W.D. Ala.), United States v. Wayne County Housing Authority (S.D. On September 9, 2019, the United States filed a complaint in United States v. Prashad (D. Equal Employment Opportunity Name The complaint, filed on July 10, 2015, alleged that the property owners violated the Fair Housing Act by placing a series of written advertisements that indicated a preference against renting to families with children, and denying the family with children--who responded to one of the advertisement-- the opportunity to rent a single-family home. ), United States v. San Miguel 1 Homeowners Association (S.D. Discrimination in housing has numerous consequences. Available at: The complaint alleges that Bay View discriminates on the basis of religion by prohibiting non-Christians from becoming members of the Association and owning homes in the Bay View community, a summer resort on Little Traverse Bay in Emmet County, Michigan. United States v. Pacific Life Ins. Pursuant to the consent decree, the defendants will pay a $55,000 civil penalty to the United States and more than $2 million in damages to six victims. United States v. Cincinnati Capital Partners LXXIII, LLC (S.D. ), United States v. Sayville Development Group, LLC (E.D.N.Y. (S.D.N.Y. ), United States v. Cracker Barrel Old Country Store (N.D. Ga.). 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. Hatfields alleged conduct included making unwelcome sexual comments and advances, groping actual and prospective residents, offering to reduce or eliminate payments in exchange for sexual favors, and taking adverse action against residents who objected to his conduct. Under the settlement, the Bank will invest $1.12 million in a loan subsidy fund to increase credit opportunities to residents of predominantly African-American neighborhoods, and will devote $500,000 toward advertising, community outreach, and credit repair and education. Id. In general, the bases for discrimination can be categorized as follows: Despite the fact that racial discrimination is illegal, it unfortunately still occurs. On September 30, the United States filed a pattern or practice complaint in United States v. Albert C. Kobayashi, Inc., et al. On February 6, 2019, the United States filed a complaint and entered into a settlement agreement resolving United States v. PHH Mortgage Corp. (D. N.J.). 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. ), United States v. Chad David Ables, d/b/a Pops Cove (W.D. The complaint, which was filed on January 2, 2020, alleges that a condo homeowners association refused, over a period of six months, to allow a resident to live with her emotional assistance dog. 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. United States v. Advocate Law Groups of Florida, P.A. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. The consent order provides for $40,000 in damages to the complainant, as well as standard injunctive relief, including mandatory training and the implementation of a reasonable accommodation policy. Ala.). United States v. Hawaii Student Suites, Inc. (D. Mich.). On January 25, 2001, the court entered a consent decreein United States v. Aldridge & Southerland Builders, Inc. The complaint, which was filed on December 15, 2016, alleged that the City violated RLUIPA when it denied the American Islamic Community Centers special land use application to build a mosque in the City. On October 25, 2019, the United States with the United States Attorneys Office filed an amended complaint in United States v. Advocate Law Groups of Florida, P.A. This practice can manifest itself in a variety of ways. On August 13, 2019, the court entered a consent order resolving United States v. Dyersburg Apartments, Ltd. (W.D. The consent decree requires the defendant to pay $35,000 to the complainant, adopt non-discrimination and reasonable accommodation policies, and record keeping. 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. Vol. Request PDF | On Jan 10, 2011, Saadi Lahlou and others published Conclusions: Steps towards more sutainble energy use in housing | Find, read and cite all the research you need on ResearchGate ), United States v. LCW Family Limited Partnership (D. Mich.), alleging that the City of Troy violated the substantial burden and equal terms provisions of the Religious Land Use and Institutionalized Persons Act (RLUIPA). even for an emotional support animal" . 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. The harassment included exchanging sexual acts for rent or partial rent, exposing himself to tenants or prospective tenants, groping tenants or prospective tenants, making unwelcome sexual comments or advances to tenants or prospective tenants, and evicting or threatening to evict tenants who refused to engage in sexual acts. On March 3, 2011, Judge Julian Abele Cook Jr., issued an order requiring defendant Johnson to pay a $55,000 civil penalty, the maximum civil penalty for a first violation of the Fair Housing Act, and orders defendant Peterson to pay a $27,500 penalty. United States v. Gentle Manor Estates, LLC (N.D. This matter was referred to the Departments Servicemembers and Veterans Initiative by the Chief of Community Legal Services, Legal Issues Division, United States Air Force. ), United States v. Gainesville Housing Authority (N.D. Fla.), United States v. Gambone Brothers Development Company (E.D. Part I describes the, Racial Diversity on the Bench: Beyond Role Models and Public Confidence, 57 WASH. & LEE L. REV. For webmasters |. United States v. Carteret Terrace, LLC (D. N.J.), United States v. C&F Mortgage Corporation (E.D. A pattern of practice claim was later added. The most obvious form of religion-based discrimination is when a landlord informs prospective tenants that a specific apartment is unavailable because the landlord does not want to rent to people of a particular religion. The Fair Housing Act strives to ensure equal opportunity in housing for all, but this is only possible with strict compliance and rigorous enforcement of the law. Va.), United States v. Old Kent Financial Corporation and Old Kent Bank (E.D. Ga.), United States v. Housing Authority of the City of Ruston (W.D. Cal. Va.), United States v. Byron Richard d/b/a Hylites Lounge (W.D. Ill.), a Fair Housing Act pattern or practice/election case which was referred to the Division by the Department of Housing and Urban Development (HUD) alleging discrimination on the basis of disability. ), a Fair Housing Act election case. Nonetheless, it is categorically prohibited in light of the broader ban on discrimination based on familial status. Wash.), United States v. Notre Dame de Namur University (N.D. On August 8, 2019, the court entered a consent decree resolving United States v. Waterbury (N.D.N.Y.). ), United States v. Huntington Mortgage Company (N.D. Ohio), United States v. Incorporated Village of Island Park (E.D.N.Y. Wis.), United States v. Capital One, N.A. Under the terms of the settlement agreement the defendants must pay a total of $125,000, including compensatory damages and attorneys fees to the complainant and civil penalties to the United States. ), United States v TFT Galveston Portfolio LTD and James Gartrell, Jr. (S.D. This article was initially published in Volume 30 of the Fordham Urban Law Journal and is republished with permission. The consent decree will remain in effect for three years and three months. Mass.). Both are considered taxable "income" by the IRS. The complaint alleges that the defendants discriminated on the basis of familial status by adopting policies and practices that prohibited children from using amenities at the apartment complex without adult supervision. Hamad v. Woodcrest Condominiums Association (E.D. Cal.). The complaint involves Adam Community Centers (Adam) efforts to establish an Islamic place of worship in Troy at a building previously used as a restaurant and banquet hall. The Office of the Comptroller of the Currency referred this matter to us. One woman testified that Johnson refused to give her keys to her apartment until she agreed to have sex with him. On January 13, 2020, the United States filed a complaint in United States v. Hernandez(C.D. Va.), United States v. Fountainbleau Apartments (E.D. Va.). W. Va.), a Fair Housing Act pattern or practice/election case. United States v. Clarendon Hill Somerville, LP (D. Cal. Miss. Mich.), United States v. Candy II, d/b/a Eve (E.D. Alternatively, a lending institution may refuse to approve a loan for purchasing a house or apartment because the buyer intends to use it as a residence for members of a specific religion. Pleasant (M.D. United States v. Cunat Bros., Inc. (N.D. Ill.), United States v. Dalton Township, Michigan (W.D. The complaint asserted that Yoder-Shrader had discriminated at eight of its apartment complexes by either restricting families to certain units within apartment complexes; instructing certain employees that they were not permitted to rent to Hispanic or African-American prospective renters; and, not telling minority apartment-seekers the same information about the availability of rental units as was provided to whites. 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. Wis.). Discrimination of this kind can also lead to segregation and concentrated poverty, harming entire communities. The complaint, filed on December 5, 2001,and amended on December 12, 2001, alleged the defendants; the John Buck Company, JBC Evanston Limited Partnership, Church & Chicago Limited Partnership, Harry Weese Associates, and Gensler Architecture, Design & Planning Worldwide P.C., discriminated on the basis of disability by failing to design and construct the Park Evanston Apartments, a 283 unit hi-rise building in Evanston, Illinoisto be accessible to persons with disabilities in compliance with the Fair Housing Act. 03-92-0245-1 (March 11 . Cal. ), United States v. PRG Real Estate Management (E.D. When discrimination is discovered, HUD may impose civil penalties on violators and compensate victims. The complaint, filed on October 17, 2019, alleged that the defendants failed to design and construct thirty-two (32) condominium properties in Ohio in a manner that complies with the accessibility requirements of the Fair Housing Act. > Haw.). Ark. Mich.), Voting and Election Resourceswww.vote.gov, On May 24, 2017, the court entered a final partial consent decree in, On September 6, 2017, the parties entered a $95,000. U. RB. On August 20, 2020, the United States Attorney's Office filed a complaint in United States v. Carmer (D. Va.). Va.). Wash.). ), Southwest Key Programs, Inc. v. City of Escondido (S.D. ), United States v. Enclave Development, L.L.C. 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 Fair Housing Act (FHA . Md. 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