Tex.). The United States had filed a statement of interest on November 1, 2010. On January 13, 2020, the United States filed a complaint in United States v. Hernandez(C.D. Neb.). Nevertheless, many recent commentators have agreed that few areas of the law have failed to achieve their lofty goals as dramatically and persistently as our nation's fair housing statutes. United States v. JPI Construction, LP (N.D. Cal. Miss. Haw.). 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. 4. at 27. The Equal Opportunity Office and Office of Special Investigations at McConnell Air Force Base and KHRC assisted with the Division's investigation. On March 14, 2019, the Division and the United States Attorneys Office filed a complaint in United States v. PRG Real Estate Management (E.D. Ala.), United States v. Fitchburg Housing Authority (D. The complaint alleges that United Tows, a Dallas-based towing company, violated Section 3958 of the Servicemembers Civil Relief Act (SCRA) when it auctioned, sold or otherwise disposed of vehicles owned by SCRA-protected servicemembers without obtaining court orders. On December 12, 2017, the United States executed a settlement agreement resolving United States v. MSM Brothers, Inc. d/b/a White Cliffs at Dover (D. N.H.), a Fair Housing Act election case. The Statement of Interest further argues that the RLUIPA claims, which allege that the Townships conduct has significantly chilled Ramapoughs use of the land for religious purposes, are ripe and can be heard by the court. (D.D.C.). USAA's injunction lawsuit alleged that federal banking law preempts state agencies, including PHRC, which enforce state laws prohibiting lending discrimination from investigating a federally chartered bank. Defendants no longer own, lease or manage rental property; the consent order requires that they establish SCRA-compliant policies, procedures, and obtain training if they reenter that line of business. Enterprises, LLC (S.D. The complaint alleges that Bank of America discriminated on the basis of disability, in violation of the FHA, through implementation of a policy that prohibited the issuance of mortgage loans to adults who had legal guardians or conservators. On December 12, 2008, Homecomings Financial, LLC and GMAC Mortgage, LLC and their affiliates, including but not limited to GMAC Bank and Residential Funding Company, LLC, agreed to resolve our Servicemembers Civil Relief Act (SCRA) investigation. The agreement further requires Southwind Village to take steps to ensure that African Americans are no longer restricted from renting recreational vehicle lots at Southwind Village Mobile Home Park, located at 1269 River Road in North Fort Myers, and to provide periodic reports to the government. ), United States v. Mid America Bank, fsb (N.D. Ill.), United States v. Midtown Development, LLC (S.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. Ind. The violations include steps into the individual units, an insufficient number of curb cuts, doors which are impassable by persons using wheelchairs, no reinforcements in the bathroom walls for the installation of grab bars, and an inaccessible rental office. Jackson (S.D. 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. On January 22, 2016, the court entered a consent decree in United States v. Brooklyn Park 73rd Leased Housing Assoc., LLC (D. Minn.), a Fair Housing Act election case. 1974). The agreement also requires Nissan to adopt new polices and training to prevent future violations of the SCRA. 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. Reed, et al. Others criticize the limited enforcement it has received, but most agree that persistent opposition to the integration of our housing market has left Title VIII as an ironic component of the civil rights arsenal. La. The defendants also agreed to pay $20,000 to aggrieved persons identified by the United States. On June 16, 2016, the court entered a consent decree in United States v. City of Beaumont (E.D. The City has also agreed to rescind the written interpretation that prevented Ability Housing from providing the housing at issue, designate a fair housing compliance officer, provide Fair Housing Act and Americans with Disabilities Act training for City employees, and pay a $25,000 civil penalty to the government. As a result of the Justice Department's investigation, Homecomings has refunded MSgt Gomez's $9,144 prepayment penalty and has agreed to waive the prepayment penalties of servicemembers in the future who are transferred involuntarily to a base thirty miles or more from their current residence. The complaint, which was filed on May 26, 2015, alleged that the City implemented and enforced spacing requirements and overly restrictive fire code regulations for small group homes for individuals with intellectual or developmental disabilities, in violation of the Fair Housing Act and the Americans with Disabilities Act.The consent decree requires the City to pay $435,000 in monetary relief to 11 aggrieved individuals and a $15,000 civil penalty. Pursuant to the consent order, the defendants must pay $75,000 in damages and repair the credit of the aggrieved servicemembers. United States v. Kreisler a/k/a Bob Peterson (D. Minn.), United States v. Lake County Board of Commissioners (N.D. Ala.), United States v. Wayne County Housing Authority (S.D. ), United States v. Township of Jackson and Jackson Planning Board (D. N.J.), United States v. Toyota Motor Credit Corp. (C.D. United States v. American Honda Finance Corporation (C.D. 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. On April 12, 2019, the United States entered into a settlement agreement in United States v. Hatfield (W.D.N.C.). ), United States v. Cracker Barrel Old Country Store (N.D. Ga.). Our complaint asserted that individuals applying for an ANB/UNOCAL MasterCard through the bank's Spanish-language application were processed through a separate approval system, which utilized a credit scoring system that required higher scores than those required for English-language applicants. 30 (2002-2003) In late November 2001, the complainant responded to an ad in the local newspaper for an apartment and told defendant Guy Emery that he was looking for an apartment for his mother who used a wheelchair. In April 1998, a jury found Big D Enterprises, Inc. and its owner, Edwin Dooley, had discriminated against prospective African American tenants at three Fort Smith, Arkansas apartment complexes. ), in support of the Congregation's motion for summary judgment in this Religious Land Use and Institutionalized Persons Act (RLUIPA) suit. The United States further argue that plaintiffs do not need to prove that defendant was on notice regarding the alleged discrimination, but that, in any case, plaintiffs have offered evidence that defendant was on notice. (M.D. Cal. Va.). Nelsons alleged conduct includes, among other things, engaging in unwelcome sexual touching, offering to reduce monthly rental payments in exchange for sex, making unwelcome sexual comments and advances, making intrusive and unannounced visits to female tenants homes to further his sexual advances, and evicting or threatening to evict female tenants who objected or refused his sexual advances. The complaint, which was filed on December 19, 1995, alleged the defendants discriminated on the basis of familial status when the defendants' employees harassed tenant families by yelling obscenities at young children and threatening parents with eviction for minor infractions of rules that imposed unreasonable and discriminatory restrictions on children. Imagine when this security is disrupted due to housing discrimination; it can be a devastating obstacle to an essential part of your life. Tex.). United States v. Zaremba Management (N.D. Ohio), Youkhanna v. Sterling Heights (E.D. ), United States v. Bank of America Corp., Citibank, NA, JPMorgan Chase & Co., Ally Fiancial, Inc. and Wells Fargo & Co. Tenn.), United States v. Fairfax Manor Group, LLC (W.D. ), United States v. San Miguel 1 Homeowners Association (S.D. Mich.), United States v. Falcon Development Corp. (D. Nev.), United States v. Falcon Development Company No. ), United States v. Deposit Guaranty National Bank (N.D. (S.D.N.Y.). On March 15, 2016, the court entered a consent order in United States v. Mere (M.D. Miss. On October 1, 2007, the court entered a consent order in United States v. Adams (W.D. Va.), United States v. C.F. Co. (W.D. The order also permanently bars Johnson from having any further involvement in the management, rental or maintenance of housing. ), United States v. Tower 31, LLC (S.D.N.Y. (E.D.N.Y.). Wis.). On July 17, 2017, the court issued an order denying defendants motion to dismiss. The United States also named 908 Bridge Cooperative, the corporate owner of the rental property where the harassment occurred, as a defendant in the lawsuit. On May 24, 2017, the court entered a final partial consent decree in United States v. Albanese Organization, Inc. (E.D.N.Y. ), United States v. Twin Creek Apartments, LLC d/b/a/ Pavilion at Twin Creek (D. v. Township of Mount Holly (3rd Cir. Ill.), United States v. Town of Maiden, NC (W.D.N.C. (S.D. Emotional distress damages are a subset of what are commonly called "compensatory damages.". All rights reserved. The settlement agreement requires Citi to pay $907,000 in compensation to the servicemembers whose cars were illegally repossessed and to remove the repossessions from the servicemembers credit reports. Document Number Case Name Order Date Issued; 05-89-0306-1: Sec. and Dev., Inc. (D. N.H.), United States v. Horoy, Inc. d/b/a Across Town Movers (S.D. Va.), United States v. SunTrust Mortgage, Inc. (E.D. 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.). The complaint, which was filed on January 29, 2020, alleged that a landlord in Brookline, Massachusetts refused to return an overpayment of rent and delayed the return of a servicemembers security after he properly terminated his lease under the Servicemembers Civil Relief Act (SCRA). Neb.). Subscribe to our e-newsletter to keep up to date on our cases, events, and other fair housing news. United States v. Camden Property Trust (D. Nev.), United States v. Camp Riverview, Inc., d/b/a as Camp Riverview (W.D. La.). Additionally, the defendants will pay $400,000 to compensate nine plaintiffs in a related private suit. Va.). The complaint contended that the bank requested information from the applicant concerning the nature and severity of their disabilities when she sought a mortgage loan. On May 4, 2015, the court entered a consent orderresolving United States v. J & R Associates (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. 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. Also under the decree, the building manager who engaged in the most severe of the harassing conduct is permanently enjoined from having any involvement in the management or maintenance of occupied rental housing property. Ga.), United States v. Housing Authority of the City of Ruston (W.D. About | 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. Discrimination of any sort is simply unacceptable, and as evidenced by Jennifer's case, can have devastating consequences. Riders will roll out at 10:30 a.m. On June 29, 2020, the United States filed a complaint in United States v. Goitia et al, in the U.S. District Court for the Southern District of Iowa, alleging that Juan Goitia, the manager of multiple residential rental units in Davenport, sexually harassed a female tenant from March 2018 until August 2018. On November 29, 2004, the court entered a consent decree resolving United States v. Wilmark Development Company (D. Nev.). 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 January 6, 2011, the court issued an order holding that the City's administrative zoning decisions did not preclude the congregation's RLUIPA claims in federal court. (E.D.N.Y. United States v. Cincinnati Capital Partners LXXIII, LLC (S.D. (S.D.N.Y. 2. Miss. This provision, enacted as 42 U.S.C. Several justices seemed to share the conviction that emotional or dignitary harm is a frequent consequence of unlawful discrimination. ), United States v. Housing Authority for the City of Eastman, Georgia (S.D. The Defendant Emery responded "so sue me." Ohio), United States v. United Communities, LLC (D. N.J.). (S.D.N.Y. Mich.), a HUD election referral. Ohio). Miss. United States v. Dorchester Owners Association (E.D. Pa.), United States v. The Mortgage Super Center (D. Ariz.), United States v. MSM Brothers, Inc. d/b/a White Cliffs at Dover (D. N.H.). The complaint also alleged that the landlord claimed damages to the property that were far in excess of what could appropriately be charged to the tenant. ), United States v. Stone Legacy Corp. (W.D. (S.D.N.Y.). In general, when someone prevails with a housing discrimination complaint, the following types of remedies and penalties are available: Court orders or injunctions to stop the illegal discrimination. On June 16, 2017, the parties entered into a settlement agreement in United States v. Crowe (M.D. The complaint alleges that two San Antonio-area landlords engaged in a pattern or practice of violating the Servicemembers Civil Relief Act (SCRA) by imposing early termination charges against servicemembers who terminated their residential leases after receiving qualifying military orders and by denying other servicemembers requests to terminate pursuant to the SCRA. On December 6, 2019, the court entered a consent order in United States v. TFT Galveston Portfolio LTD and James W. Gartrell, Jr. (S.D. That, according to the lawsuit, allows property owners and developers to target and exclude certain users according to those characteristics from seeing housing-related advertisements, in violation of the Fair Housing Act. CFC filed a motion for a preliminary injunction asking the court to find that the Villages zoning law facially violates RLUIPAs equal terms provision, which the Village opposed, arguing that it had legitimate zoning goals, such as promoting commercial enterprise in the C-1 district and the impact of New Yorks law limiting the distance between churches and liquor-serving establishments, to bar CFC from operating in the C-1 district. The more egregious the discrimination and more severe the losses suffered by the victim, the greater the value of the case could be. Both the trial court and the U.S. Court of Appeals for the 5th Circuit held that damages for . Civ. In Ravina v. Columbia University and Geert Bekaert, 16-cv-2137, 2019 WL 1450449 (S.D.N.Y. The complaint, which was filed silumtaneously with the consent order on September 28, 2007, alleged a pattern or practice of discrimination and a denial of rights to a group of persons on the basis of familial status in violation of the Fair Housing Actby the owners and management of Phoenix Village Apartments, located in Fort Smith, Arkansas. Mich.), United States v. Plaza Home Mortgage, Inc. (S.D. The Parish zoning ordinance required the group home provider to seek an accommodation to house five persons instead of the permitted four. 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. Mass.). 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. The complaint, which was filed on July 21, 2016, alleged that the Township violated the substantial burden, equal terms, nondiscrimination, and unreasonable limitations provisions of RLUIPA by denying the Bensalem Masjid a use variance to build a mosque on its property. United States v. City of Hollywood (S.D. The complaint was filed on January 29, 2009, and was handled jointly by the Division and the U.S. Attorney's Office for the Eastern District of Michigan in Detroit. Tenn.), United States v. Fountain View Apartments, Inc. (M.D. Neb. On May 13, 2008,the courtdenied plaintiffs' motion for summary judgment in Turning Point Foundation v. DeStefano (D. Conn.). This fianl consent decree resolves allegations against the architect of the Verdesian, SLCE Architects, LLP. Protected characteristics include race, color, national origin, religion, gender, familial status, sexual orientation, and disability. 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. Mass. Consumer Financial Protection Bureau & United States v. Hudson City Savings Bank, F.S.B. ), Tony Roque v. Seattle Housing Authority (W.D. The complaint alleged that the City had previously certified that this use was consistent with the Citys zoning code, but the City reversed itself in response to intense community pressure based on stereotypes about prospective residents with disabilities. Refusing to provide a mortgage loan or other financial assistance for a home in mortgage lending. Tex. 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. (E.D.N.C.). The lawsuit further alleges that Alberta Lowery and GTP Investment Properties, LLC, the owner and successor-in-interest to the owner of properties at which both sex and race discrimination occurred, are vicariously liable for Prices actions because he managed the properties on their behalf. Tex. Landlords, for example, may refuse to rent to someone because of their race or national origin. Chicago Fair Housing Ordinance. Ga.), United States v. City of Chicago Heights (N.D. Ill.), United States v. City and County of Honolulu (D. United States v. Gulf Shores Apts (S.D. injury or physical sickness are treated the same as proceeds received for Personal physical injuries or physical sickness above. The consent order also provides for extensive injunctive relief, including fair housing training, reporting requirements, and the resignation of the president of the condominium board. Tex. The consent order requires the defendants to pay $12,500 to the HUD complainants and also requires standard injunctive relief including: fair housing training, report and record keeping and affirmative advertising. Final partial consent decree in United States v. Hernandez ( C.D as proceeds received for Personal physical injuries physical... Store ( N.D. Cal race, color, national origin, emotional harm in housing discrimination cases, gender, status. To our e-newsletter to keep up to Date on our cases, events, and as evidenced Jennifer! The Management, rental or maintenance of housing D. Nev. ) Finance Corporation ( C.D Architects, LLP from any. 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