), United States v. PRG Real Estate Management (E.D. On April 28, 2011, the United States filed a statement of interest in support of the Pennsylvania Human Relations Commission (PHRC). On May 13, 2008,the courtdenied plaintiffs' motion for summary judgment in Turning Point Foundation v. DeStefano (D. Conn.). S.D. 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. The consent order also calls for injunctive relief, including training, a nondiscrimination policy, record keeping and monitoring. United States v. Westfield Partners (E.D. ), United States v. Fort Norfolk Retirement Community, Inc., d/b/a Harbor's Edge (E.D. United States v. City of Blakely Housing Authority (M.D. The partial consent order required the defendants to pay a total of $865,000 to make the complexes accessible and pay $60,000 to compensate aggrieved persons harmed by the inaccessible housing. The consent decree will remain in effect for five years. Ala.), United States v. Wayne County Housing Authority (S.D. Cal. Tenn.). This Article explores relevant social science data and examines how it affects the analysis and understanding of evidence of emotional harm. United States v. Pasco County Fair Association, Inc. (M.D. On April 28, the Supreme Court issued a decision in a disability rights case that will foreclose meaningful financial compensation for individuals who face all forms of discrimination in health care settings and other federally funded programs. Hernandez engaged in harassment that included, among other things, frequently and repeatedly engaging in unwanted sexual touching, including sexual assault, making unwelcome sexual advances and comments, offering to reduce rent or excusing late or unpaid rent in exchange for sex, and entering the homes of female tenants without their consent. 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. Fla.), a Fair Housing Act pattern or practice case developed by the Division's Fair Housing Testing Program. (D.D.C.). Ark.). Miss. d/b/a Selma Comfort Inn (S.D. 2000). Trujillo v. Board of Directors of Triumvera Tower Condominium Association (N.D. Ill.). United States v. Hawaii Student Suites, Inc. (D. The complaint, which was filed on April 10, 2018, alleged that a California landlord violated the Servicemembers Civil Relief Act ( SCRA) when he refused to return pet and key deposits to a United States Air Force Lieutenant after he lawfully terminated his lease prior to move-in upon receipt of military orders requiring him to relocate to Texas. Ga.), United States v. Housing Authority of the City of Ruston (W.D. What are some of the consequences of housing discrimination? Mich.). (D. 405, Census Data Information, Subject Characteristic, at http://fact finder.census.gov/servlet/MetadataBrowserServlet?type=subject&id=RACESF1& dsspName=DEC_2000_SF1&back=update&jlang=EN (last visited Mar, MetadataBrowserServlet?type=subject&id=RACESF1& dsspName=DEC_2000_SF1&back=update&jlang=EN (last visited Mar, The Census Bureau used "Revisions to the Standards for the Classification of Federal Data on Race and Ethnicity, COMM'N ON RACIAL & ETHNIC DIVERSITY IN THE PROFESSION, supra note 305, By clicking accept or continuing to use the site, you agree to the terms outlined in our. United States v. Cunat Bros., Inc. (N.D. Ill.), United States v. Dalton Township, Michigan (W.D. The complainant told Mr. Emery that refusing to rent to her because she used a wheelchair violated federal anti-discrimination laws. (E.D. the Fair Housing Act (FHA . Name The 1993 zoning ordinance effectively prohibits all mobile homes not located within a lawful mobile home park, and severely limits the areas within the Village where mobile home parks are allowed. ), United States v. Wallschlaeger (S.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. As alleged, the individual defendants and their defunct companies The Home Loan Auditors LLC, Century Law Center LLC, SOE Assistance Center Inc. told homeowners that forensic home loan audits were essential for loan modifications, when the audits had no impact on the loan modification process and provided no financial benefit. ), United States v. Indigo Investments, LLC (S.D. Del. A prior partial consent decree, entered on February 13, 2017, resolved allegations against the developers of the property and provided for standard injunctive relief, compliance surveys for two additional properties developed by the defendants, retrofits of non-compliant features, payments of $175,000-$500,000 to aggrieved persons, and a $45,000 civil penalty. United States v. The Bay View Association of the United Methodist Church (W.D. Neb. (S.D.N.Y.). The complaint, filed on May 18, 2015, alleged that the owners and managers of an apartment complex in Brooklyn Park, Minnesota placed undue conditions on a woman's request to live with her assistance animal and then refused to renew her lease in violation of the Fair Housing Act. ), United States v. Deposit Guaranty National Bank (N.D. The defendants will also provide a $75,000 fund to compensate aggrieved persons. The case was handled by the Departments Civil Rights Division and the United States Attorneys Office of the Eastern District of Michigan. Cal. Finally, suggestions are made about how to gather relevant psychological and medical information on the effects of discrimination and how to incorporate that information into a case so that the full extent of emotional harm is more properly understood and the victim of discrimination is made whole. Pa.). . In Part III, this . 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. 12183(a)(1). United States v. Advocate Law Groups of Florida, P.A. Ill.), United States v. Spyder Web Enterprises LLC (D. N.J.), United States v. S & S Group, Ltd. d/b/a ReMax East-West (DeJohn) (N.D. Ill.), United States v. S-Sixteen Limited Partnership (D. Idaho). Specifically, United Communities was requiring servicemembers who terminated their leases early following receipt of Permanent Change of Station or deployment orders to repay rent concessions they had received for prior months. (S.D.N.Y.). On June 11, 2019, the United States filed a complaint in United States v. Nelson (S.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. 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. ),a Fair Housing ActHUD election referral. ), United States v. City of St. Anthony Village (D. Minn.), United States v. City of St. Peters (W.D. This provision, enacted as 42 U.S.C. The consent order requires that the defendants adopt new repossession policies, pay one servicemember $30,000, and pay a $50,000 civil penalty to the United States. 3958 by auctioning off the belongings of a United States Air Force Technical Sergeant who was deployed to Qatar, without a court order. (S.D. Va.). United States v. Fort Davis State Bank (W.D. Urban Law Journal Specifically, the complaint alleged that he subjected female tenants to unwanted sexual touching and advances, conditioned the terms of women's tenancy on the granting of sexual favors, and entered the apartments of female tenants without permission or notice. Part I describes the, Racial Diversity on the Bench: Beyond Role Models and Public Confidence, 57 WASH. & LEE L. REV. The consent decree requires Mr. Barrett and his companies over the next 15 months over the next 15 months to retrofit the public and common use areas of the seven complexes and of the individual apartments units to make them accessible to persons with disabilities. From 2010 to 2014, the agency's Civil Rights Division obtained more than $1.4 billion in relief under fair . Three of the apartment complexes are located in Athens, Georgia; two are located in Statesboro, Georgia; and one is located in Greenville, North Carolina. (S.D.N.Y.). United States v. Carteret Terrace, LLC (D. N.J.), United States v. C&F Mortgage Corporation (E.D. This course of action has been carried out, among other ways, through the use of zoning and land use policies which have effectively removed mobile homes as a source of affordable housing for such persons. > 2. ), United States v. The Home Loan Auditors (N.D. Ohio), United States v. Nationwide Nevada (D. Nev.), United States v. Nejam Properties (S.D. ), United States v. Township of Jackson and Jackson Planning Board (D. N.J.), United States v. Toyota Motor Credit Corp. (C.D. 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. The complaint, which was filed on August 13, 2013, alleged that defendants; Edina Park Apartments LLC, and Amy Koch discriminated against Somalis in violation of the Fair Housing Act. On December 2, 2004, the court entered a consent decree resolving United States v. Beaudet (D. Minn.) The Defendant, David R. Beaudet, has owned and managed numerous single-family rental homes throughout St. Paul since 1990. Ohio). The complaint alleges that the Ramapough sought to worship communally and erect religious structures, including a sweat lodge and prayer circle, on their land, but that the Township tried to bar the tribe's worship practices by rescinding a zoning permit that authorized religious worship, limiting the number of people permitted on the property to worship, demanding the removal of structures central to the Ramapoughs worship, issuing large fines, and initiating civil and criminal enforcement proceedings. The complaint alleged that from 2011 to at least 2017, First Merchants violated the Fair Housing Act and Equal Credit Opportunity Act on the basis of race by engaging in unlawful redlining in Indianapolis by intentionally avoiding predominantly African-American neighborhoods. ), United States v. City of Des Plaines, Illinois (N.D. Ill.), United States v. City of Fairview Heights (S.D. The agreement also includes a non-discrimination policy, advertising, training and reporting to the United States. Available at: https://ir.lawnet.fordham.edu/ulj/vol30/iss3/17. Haw.). 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. Mich.). Fla.). Between August 2018 and July 2019, the United States entered into a series of separate settlement agreements with individual defendants to fully resolve its claims in United States v. The Home Loan Auditors (N.D. Reed, et al. On December 27, 2012, the court entered a consent order in United States v. French (E.D. Tex.). United States v. VanderVennen (W.D. Chicago Human Rights Ordinance. The statement of interest argues that the plaintiffs have alleged sufficient facts to support a claim of housing discrimination under the Fair Housing Act, and that Facebook does not have statutory immunity under the Communications Decency Act for the development of its data collection and advertising tools. On March 8, 2002, the United States filed a consent order along with the complaint in United States v. Badeen (D. Kan.) alleging discrimination on the basis of race, color, and national origin. Ill.), United States v. Mills d/b/a Chestnut Properties (D. N.H.), United States v. Mississippi Regional Hous. On March 26, 2019, the United States filed aStatement of InterestinChristian Fellowship Centers of New York, Inc. v. Village of Canton, NY(N.D.N.Y. Equal Rights Center v. Post Properties (D.D.C. The complaint alleged that PHH, one of the nations largest mortgage servicers, engaged in violations of the Servicemembers Civil Relief Act (SCRA), 50 U.S.C. ), Equal Rights Center v. Equity Residential (D. The plaintiff alleges that the moratorium was adopted because of resident opposition based on the national origin and familial status of the prospective residents. On June 10, 1999, the Division filed an amicus brief in the Fifth Circuit arguing that the Fair Housing Act permits an award of punitive damages in the absence of compensatory or nominal damages, and that the district court had properly entered judgment in accordance with the jury's verdict awarding punitive damages to Gene Lewis. Mo. Haw. On September 16, 2020, the United States filed a complaint in United States v. Pfeiffer (D. Minn.). 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. (E.D.N.C. Neb. The requires the bank to maintain new policies that permit loans to adults with guardians or conservators, to ensure that employees are trained on the new policies, and to pay damages of $4,000 for each loan application that was denied as a result of the banks prior unlawful policy. ), United States v. Lowrey Hotel and Caf (W.D. Auth. The agreement also requires United Communities to adopt new polices and training to prevent future violations of the SCRA. The settlement agreement requires the defendants to pay the complainant $25,000, undergo fair housing training, draft a new non-discrimination policy which complies with the Fair Housing Act, and provide annual reports to the Department. ), United States v. Sarasota County Florida (M.D. This case was handled primarily by the U.S. Attorney's Office. Cal. On November 17, 2009, the court granted the United States' motion for leave to file a brief as amicus curiae in Hand in Hand/Mano en Mano v. Town of Milbridge, Maine C.A. Secure .gov websites use HTTPS The complaint also alleged that the defendants may have towed and sold at least twenty servicemembers' cars without court orders. The court approved the entry of the settlement agreement and order on September 11, 2020, United States v. Bank of America N.A., d/b/a Bank of American Home Loans (W.D.N.C. ), United States v. Evergreen Bank Group (N.D. Ill.), United States v. Equity Residential (S.D.N.Y.) Mont. United States v. ADI Management, Inc. On July 29, 2002, the court entered a consent order resolving United States v. Madsen (D. Idaho), a Fair Housing Act election case. On August 24, 2018, the United States Attorneys Office executed a settlement agreement in the United States v. Tinley Park, Illinois (N.D. Ill). Stress and health. The defendant was aware of the large concentration of families with permanent resident aliens of Mexican national origin which resided in mobile homes on Elm Street before it formally adopted the 1993 zoning ordinance, and before it began enforcing such ordinance. plaintiffs in fair housing cases, noneconomic emotional harm or other forms of intangible injury. ), United States v. Wellston Corporation d/b/a Wellston Properties (E.D. On September 11, 2018, the United States filed a complaint and entered into a settlement agreement in United States v. Twin Creek Apartments, LLC d/b/a/ Pavilion at Twin Creek (D. Md. Victor M. Goode and Conrad A. Johnson, Va.). The complaint alleged that the defendants, the owners and managers of Joe's nightclub, one of the largest night clubs in Wichita, Kansas which was formerly known as Acapulco Joe's, discriminated against Latino and African American patrons and potential patrons. On April 1, 2013, the Division filed a statement of interest in Gomez v. Quicken Loans (C.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. As part of the scheme, defendants charged Hispanic homeowners thousands of dollars for their mortgage modification services, instructed Hispanic homeowners to stop paying their mortgages and to stop communicating with their lenders, but defendants did not obtain the promised mortgage modifications, resulting in foreclosures and the loss of homes. (S.D.N.Y. On July 15, 2020, the County filed a motion to dismiss the United States Complaint. The consent decree requires the defendant to pay the complainant $13,000 in damages, to adopt a reasonable accommodations policy, and to obtain fair housing training. The complaint also alleged that the defendants retaliated by issuing a notice to vacate and by filing an eviction action after complainants filed a fair housing complaint. 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. Ala.), United States v. Associates National Bank (D. ), United States v. SDC Legend Communities, Inc. (W.D. 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. 1974). The case was referred to the Division after the Department of Housing and Urban Development received a complaint, conducted an investigation, and issued a charge of discrimination.. United States v. Hudson Valley Federal Credit Union (S.D.N.Y. "The more inherently degrading or humiliating the defendant's action is, the more reasonable it is 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. Va.), United States v. Old Kent Financial Corporation and Old Kent Bank (E.D. Prior to entering into the settlement agreement, the defendant had granted the complainants request for a unit transfer. The complaint, filed on March 6, 2017, alleged the defendants denied a reasonable accommodation request to allow the HUD complainants to keep an assistance animal at an extended-stay hotel. Because of this refusal, the complainant allegedly was forced to move out. INTRODUCTION With the United States Supreme Court's condemnation of legal segregation in Brown v. Board of Education (1) in 1954, and a vigorous civil rights movement that led to the passage of the 1964 Civil Rights Act, (2) the nation entered the beginning of a new era in race relations. In the case, the plaintiffs allege that Facebook uses its data collection and advertising tools to segregate users of the platform into different groups by race and national origin. United States v. Equity Homes, Inc. (D. On July 14, 2020, the court entered a consent order in United States v. 111 East 88th Partners (S.D.N.Y.). United States v. Hubbard Properties, Inc. (S.D. The complaint alleges that the defendants engaged in a pattern or practice of sexually harassing female tenants at properties they own and operate in and around Minneapolis, Minnesota. (S.D.N.Y. The complaint, filed on April 11, 2018, alleged that Douglas Waterbury, a residential property owner and landlord, violated the Fair Housing Act by engaging in a pattern or practice of sexual harassment against female tenants and potential tenants. Cal.). Cal.). In its filed Complaint, CFC alleges that the Village barred it from operating in the C-1 district, even though the Villages zoning law permits other similarly situated secular assembly uses to operate in the district, including municipal buildings, charitable and social clubs, and theaters. The complaint, which was filed on December 23, 2015, alleged that a housing cooperative in Brooklyn, New York refused to allow three residents, including an Army combat veteran with PTSD, to live with their emotional support dogs, and then retaliated against them for exercising their fair housing rights. The complaint, filed on on April 20, 2010, alleged that the managers and owner of three residential apartment buildings in Manhattan engaged in a pattern or practice of sexual harassment of female tenants in violation of Fair Housing Act. 1143 Fair housing is a civil right protected by the Fair Housing Act (FHA). After the permit was denied, Unity House continued to operate legally with five residents. Other statutes, such as the Age Discrimination in Employment Act (ADEA), do not provide for emotional distress damages, but rather provide for "liquidated damages.". The complaint alleges that United Communities, which provides on-base military housing at Joint Base McGuire-Dix-Lakehurst in New Jersey, engaged in a pattern or practice of violating the Servicemembers Civil Relief Act (SCRA), 50 U.S.C. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 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. Miss. 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. On or about January 22, 1990, the Village Board of Trustees adopted Ordinance Number 233, entitled Village of Hatch Municipal Zoning Ordinance ("the 1990 zoning ordinance"). The Parish appealed the decision to the Court of Appeals for the Fifth Circuit, arguing that the Fair Housing Act protections for persons with disabilities are unconstitutional. Wis.), United States v. Southwind Village, LLC (M.D. The decree required the defendants to provide fair housing training for their employees and publicize a non-discrimination housing policy at their apartment complexes and revise the tenant rules and regulations affecting families with children. 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 . United States v. Kreisler a/k/a Bob Peterson (D. Minn.), United States v. Lake County Board of Commissioners (N.D. As part of the agreement, the City has agreed to provide training to its officials and employees about their obligations under RLUIPA and to notify the public about the Citys compliance with RLUIPA in its zoning and land use actions. ), United States v. City of Columbus (S.D. On July 28, 2020, the United States filed a complaint in United States v. Vandelay Group (E.D. United States v. Port Liberte Condo 1 Ass'n, Inc. (D. N.J.), United States v. Portzen Construction, Inc. (S.D. United States v. Creekside Condominium Owners Assn (D. Colo.). Cal. Discrimination is a public health issue. In general, the bases for discrimination can be categorized as follows: Despite the fact that racial discrimination is illegal, it unfortunately still occurs. The consent order has a three year term. United States v. Pittsfield Charter Township (E.D. An official website of the United States government. Tenn.). The amended complaint removes Defendant John or Jane Doe and names Rosemarie Pelfrey as the Personal Representative of the Estate of Walter Ray Pelfrey. 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. City and County of Honolulu Autoworks Inc, d/b/a All Island Towing (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. Wis.), United States v. District of Columbia (D.D.C. The decree also enjoins the defendants from: violating the Fair Housing Act on the basis of disability in the future; requires them to adopt specific guidelines for assessing requests for reasonable accommodations; and requires the president of the property management company to attend a fair housing training program. Nonetheless, it is categorically prohibited in light of the broader ban on discrimination based on familial status. The consent order requires the Housing Authority to institute broad reforms to safeguard the rights of individuals with disabilities, including revising its policies and processes for handling reasonable accommodation requests and developing an inventory of accessible units for tenants with mobility, vision, and hearing-related disabilities. The United States had filed this case after a determination by the Department of Housing and Urban Development [HUD] that reasonable cause existed to believe that the defendants refused to rent to an African American household. Tex.). This practice can manifest itself in a variety of ways. On June, 23, 2020, the court entered a consent decree in United States v. Christensen (E.D. ), United States v. Village of Hatch (D. N.M.). The jury found that the defendant made an apartment unavailable to the HUD complainants based in substantial part on their familial status. On October 15, 2020, the court entered a consent order resolving United States v. ASAP Towing & Storage Company (M.D. Under the consent decree, the defendants must pay $50,000 to the group home operator, and $10,000 to the government as a civil penalty and submit to injunctive relief. The court also held that Springfield, by maintaining and enforcing this ordinance, denied rights under the FHA to a group of persons and that the availability of community-based housing for persons with disabilities is most assuredly an issue of general public importance. The court further held that Springfield violated the FHA by refusing to make a reasonable accommodation for a group home with three residents with intellectual and physical disabilities. Tex.). In addition, the order establishes a $240,000 fund to compensate any persons who are identified victims of the alleged discriminatory practices and pay $42,500 to the complainant. ), United States v. Edward Rose & Sons (E.D. Additionally, the defendants will pay $400,000 to compensate nine plaintiffs in a related private suit. 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. 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