), Mt. The complaint also alleged that the City retaliated against Ability Housing when, in response to Ability Housings private FHA/ADA suit against the City, the City told a local nonprofit that it was prohibited from funding Ability Housing with money the nonprofit received from the City. 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. On October 27, 2017, the jury returned a verdict of $43,500 in favor of the United States in United States v. DeRaffele (D. Ill.). Tex. The law certainly stands as a bold and optimistic proclamation. The Statement of Interest argues that the CDA does not prevent an FHA lawsuit against Facebook for the conduct alleged in the complaint. Mass. injury or physical sickness are treated the same as proceeds received for Personal physical injuries or physical sickness above. Wis.), United States v. Summerhill Place, LLC (W.D. (E.D.N.C. 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 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. United States v. Hubbard Properties, Inc. (S.D. ), United States v. Horsley and Horsely Construction (D. Idaho), United States v. Housing Authority of Baltimore City (D. United States v. Cherrywood & Associates, LP (D. Idaho), United States v. Chevy Chase Bank (D.D.C. ), United States v. Twin Creek Apartments, LLC d/b/a/ Pavilion at Twin Creek (D. 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. (E.D. Part of the geographic area from which mobile homes are banned under the 1993 zoning ordinance includes Elm Street, a neighborhood populated predominantly by permanent resident aliens of Mexican national origin at the time of the passage of the 1993 zoning ordinance. On November 8, 2016 the court entered a default judgment against Carl Bruckler which requires him to pay a $5,000 civil penalty to the United States. The Township opposed the Ramapoughs motion to amend, arguing that the complaint failed to allege facts sufficient to state claims under RLUIPA and that the RLUIPA claims were not ripe for judicial review. On May 13, 2008,the courtdenied plaintiffs' motion for summary judgment in Turning Point Foundation v. DeStefano (D. Conn.). Neb. In Cummings v.Premier Rehab Keller, the Court held that plaintiffs in suits brought under Section 1557 of the Affordable Care Act and Section 504 of . Pa.), United States v. Westlake Services, LLC (C.D. Va.). The consent decree, which has a five year term, contains the following substantive provisions: 1) general injunctive relief that prohibits each defendant from discriminating in the terms, conditions, or privileges of renting an apartment; 2) a requirement that Robert Wones, who is currently not in the rental business, hire an independent management company, in the event that he acquires more rental property in the Minneapolis area, to take over daily management of each property pursuant to specified guidelines in the decree; and 3) a requirement that Defendants must pay a total of $352,500 to 20 identified aggrieved persons and a $35,000 civil penalty. United States v. Envoy Apartments Association, Inc. (S.D. 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. 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. Tex. Defendants will also pay a $55,000 civil penalty to the United States. Cal. Wis.), alleging that the owners and operators of a two-story duplex in Milwaukee, Wisconsin violated the Fair Housing Act by refusing to rent an apartment to the HUD complainant and her partner based on her disability and for denying her reasonable accommodation request to live with her an emotional assistance dog. Va.), United States v. Summerland Heights III, L.P (E.D. ), United States v. Zellpac Inc. (S.D. ), United States v. Perlick Family Trust (E.D. 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 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. Plaintiff-intervenor Idaho Human Rights Commission joined in the United States' allegations and is a party to the consent order. The consent decree includes the following: the builder and developer, must: (1) retrofit the common use areas of the apartment complex; (2) ensure that at least one fully retrofitted one-bedroom unit and two-bedroom unit remain vacant and available at all times for viewing and rental by a prospective tenant who requests such a unit; (3) give notice to every prospective tenant of the availability of the fully accessible units; (4) compensate aggrieved persons up to $5,000 over any out of pocket costs suffered by such persons; and (5) include enhanced accessibility features in a portion of the units in the next two multi-family projects which they construct. The consent decree requires the defendants to: adopt uniform, non-discriminatory standards, policies and procedures; provide training for employees on the requirements of the Fair Housing Act; maintain records and submit bi-annual reports to the Division, and pay a $9,000 civil penalty. Cal. ), United States v. Wells Fargo Bank, N.A., d/b/a Wells Fargo Dealer Services, Inc. (C.D. The amicus brief argues that Islam is plainly a religion, that a mosque is plainly a place of worship, and that county acted appropriately under the Religious Land Use and Institutionalized Persons Act (RLUIPA) in treating the application as it would any other application from a religious institution. 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. Both partial consent orders required the defendants to undergo training on the Fair Housing Act and to provide periodic reports to the government. On March 18, 2019, the court issued an order dismissing the churchs request for a preliminary injunction as moot because the Town remedied the illegal conduct through a legislative enactment. The Eighth Circuit Court of Appeals affirmed the district court's judgment and its opinion is reported at 184 F.3d. ), United States v. Gainesville Housing Authority (N.D. Fla.), United States v. Gambone Brothers Development Company (E.D. Ala.), United States v. Wayne County Housing Authority (S.D. United States v. Ashford County Housing Authority (M.D. 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. 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. A separate settlement resolving a similar lawsuit brought by the AICC against the city has also been submitted to the court for approval. On November 23, 2017, the United States Attorneys Office entered into a settlement agreement resolving United States v. Salem (D. The complaint, which was filed on September 30, 2015, alleged that the owners and manager of a mobile home and recreational vehicle park discriminated on the basis of race or color by falsely telling prospective African American renters that there were no available recreational vehicle lots at the park and discouraging them from returning to the park in the future to seek housing. It is past time to act for everyone to live in safety. The brief argues that 1) violations of the HUD Fair Housing Amendments Act Guidelines establish a prima facie case that the Act's design and construction provisions have been violated, which may be overcome only by showing compliance with a comparable, objective accessibility standard; and 2) the failure to design and construct accessible multifamily housing is a discrete violation of the Fair Housing Act and does not require that an individual be denied housing based on disability. (E.D.N.C.). ), United States v. Dawn Properties, Inc. (S.D. La.). The case was based on evidence developed by the Division's Fair Housing Testing Program. 3958, by auctioning off a motor vehicle belonging to a United States Marine Corps Sergeant who was deployed to Japan, without a court order. This article explains why Cummings does not apply to most discrimination cases or other causes of action and provides advice when seeking emotional distress damages. In addition, defendants will attend fair housing training, appoint a Fair Housing Act compliance officer at Traditions and other senior living facilities, and will implement new resident policies, including a new reasonable accommodation policy and a new motorized wheelchair policy. On March 6, 2019, the United States, together with the United States Attorneys Office, filed a complaint in United States v. Crank (E.D. The Office of the Comptroller of the Currency referred this matter to us. 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. Makowsky Construction Company (W.D. ), United States v. Ginsburg Development, LLC (S.D.N.Y. On February 28, 2003, the United States entered into a settlement agreement with F & K Management, Inc., d/b/a Hard Times Cafes and Santa Fe Cue Clubs, to resolve a complaint brought to the attention of the Division's National Origin Working Group (NOWG) by the Sikh Coalition, a national Sikh advocacy group. My Account | On September 8, 2020, the Division sought leave to file an Amended Complaint, which alleges that this revised ordinance continues to impose a substantial burden on the AMAAs exercise of religion, in violation of RLUIPA. On April 12, 2007, the court approved and entered a consent decree resolving United States v. Fleetwood Capital Development, L.L.C. The Civil Rights Division and the U.S. Attorneys Office for the Central District of California are handling the case jointly. The consent decree requires standard injnctive relief, non-discriminatory occupany standards, record-keeping, reporting and training. 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. Cal. On October 6, 2021, the court entered a consent order in United States v. Conrad Johnson, Columbia Law SchoolFollow. (S.D.N.Y.). United States v. Nistler (D. Mont) (Nistler II), United States v. Nixon State Bank (W.D. It also alleged that they discriminated against families with children. ), a Fair Housing Act election case. Haw.). This case was referred to the Division by HUD as a pattern or practice case. keys to navigate, use enter to select, Stay up-to-date with how the law affects your life. A pattern of practice claim was later added. ), United States v. Pecan Terrace (W.D. Available at: The HUD complainants intervened in the case. This can take many forms, ranging from landlords refusing to rent to women or trans people, to sexual harassment by landlords. In addition, the Village is required to provide training to its employees; maintain records; and reporting requirements. This discretion is limited by two crucial elements: the egregiousness of the Respondent's behavior and the effect of that behavior on the Complainant. On September 14, 2007, the court entered a consent decree resolving United States and Spears v. Perlick Family Trust (E.D. The principal violations at the properties include, among other things, a lack of accessible routes to many covered units and public and common use areas due to steps, the absence of curb cuts, vertical level changes, and steep running and cross slopes; a lack of accessible routes into and through the dwelling units due to high thresholds, narrow passage ways, and narrow doors; and adaptive design violations in the bathrooms and kitchens. (W.D.N.Y. As stated by Senator Walter Mondale, one of its sponsors, the Act would replace the nation's ghettos by "truly integrated and balanced living patterns." This article was initially published in Volume 30 of the Fordham Urban Law Journal and is republished with permission. On November 28, 2017, the United States Attorneys Office entered into a. which was filed on November 10, 2016, allegedthat the Housing Authority violated the Fair Housing Act on the basis of disability by refusing to grant the HUD complainants request for a reasonable accommodation to be transferred to a different unit because of her disability. The Federal Trade Commission has filed a separate action charging the same defendants with violating a number of federal consumer protection laws. The complaint also names Domco, LLC and Domco II, LLC. On September 19, 2019, the United States file a complaint in United States v. the City of Troy, Michigan (E.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. 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. 3d 472 (SDNY March 1, 2016). Menu United States v. Hillman Housing Corp. The United States' complaint, filed on March 2, 2005, alleged that Peter Altmayer intimidated and harassed his next door neighbors, and their two minor children, on the basis of their religion (Jewish) and national origins (Israeli and Mexican). Miss. ), United States v. Dawson Development Co. (N.D. Ala.), United States v. Decatur Federal Savings & Loan (N.D. Ga.), United States v. Deer Run Management Co., Inc. (W.D. The Ability Center of Greater Toledo v. Moline Builders, Inc. (N.D. Ohio), On August 10, 2020, the court issued an order granting partial summary judgment in favor of the plaintiffs and against the defendants in Ability Center, et al. (E.D. ), United States v. City of Saraland, Alabama and Saraland Board of Adjustment (S.D. Pa.), United States v. Park City Communities (f.k.a. This matter was litigated jointly by this Section and the United States Attorney's Office. even for an emotional support animal" . Ohio), United States v. Meadowlark Manor Condominium Association (W.D. ), United States v. Yanofsky, d/b/a South Bank Apartments (S.D. The complaint also alleged that the defendants discriminated on the basis of race when their employees treated minority tenants less favorably than white tenants and used racial epithets against tenants on the basis of race. The complaint, filed on June 13, 2017, alleged that an Alabama landlord violated the Servicemembers Civil Relief Act ("SCRA") when she refused to return any portion of the security deposit to a United States Air Force Major after he lawfully terminated his lease early upon receipt of military orders. Some recent housing discrimination cases also involve zoning practices that make it difficult or impossible for members of religious organizations to worship together in their homes or neighborhoods. The consent decree will remain in effect for five years. The defendants appealed the jury verdict and the district court's injunction prohibiting the defendants from engaging in future acts of discrimination. The complaint further alleged that Defendant Jarrah used racial slurs when explicitly instructing employees to exclude African-American, Hispanic and Asian-American patrons from the bar. The United States alleges that the defendants violated 42 U.S.C. 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. L.J. On July 16, 2020, the court entered a consent order in United States v. Dunnwood Acres Apts., LLC, et al., (E.D. ), United States v. Madrid d/b/a Trinity House Living Services (D. N.M.). United States v. Equity Homes, Inc. (D. The agreement also includes injunctive relief, including permanently barring Hatfield from participating in the rental, sale, or financing of residential properties. On November 30, 2012, the court entered a consent decree in United States v. Geneva Terrace (W.D. This case involves a Secretary-initiated HUD complaint that elected, as well as a pattern-or-practice and group of persons claim. The consent decree will remain in effect for two years. Since its adoption over thirty years ago, lower courts have mainly adopted an interpretation of the Fair Housing Act that reflects an effort to fulfill its broad legislative purpose. and Capstone, Inc. discriminated on the basis of disability by failing to design and construct five Boise complexes in accordance with the Fair Housing Act's accessibility requirements for new multifamily housing. Part I provides an overview of the current state of emotional harm cases. Mont.). 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 Division argued in the Statement of Interest that CFC is likely to prevail on the merits of its RLUIPA equal term claim, and that the Villages justifications for barring churches from the C-1 district are not valid bases under RLUIPA to treat churches less favorably than similarly situated secular assemblies. The United States filed a Statement of Interest arguing that, under the Act, the front doors and walkways are public use and common use portions of covered dwellings and therefore required to be accessible, regardless whether there is another accessible route into the unit. Tex.). In their complaint, the plaintiffs claim that Capital City's lending practices violated several federal laws, including the Fair Housing and the Equal Credit Opportunity Acts by engaging in a pattern or practice of targeting African American communities, a practice known as "reverse redlining," for abusive or predatory lending practices. On December 12, 1996, the court entered a consent decree resolving United States v. Village of Hatch (D. N.M.). Refusing to provide a mortgage loan or other financial assistance for a home in mortgage lending. Mich.), United States v. Orchard Hill Building Co. Inc.(N.D. Ill.). The defendants include Dominic Carchedi, Dominic Properties, LLC, and Lake City Properties DC, LLC.The complaint, which was filed on June 23, 2016 by the United States Attorneys Office, alleges that the owners and managers of an apartment complex in Minneapolis, Minnesota violated the Fair Housing Act on the basis of familial status by enacting and enforcing overly restrictive rules limiting children's presence in the hallways and common areas. The settlement agreement requires the defendants to pay $25,000 to the complainant, adopt a new policy on reasonable accommodations and assistance animals in university housing, conduct fair housing training, and report to the United States on future requests for reasonable accommodations. 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. When discrimination is discovered, HUD may impose civil penalties on violators and compensate victims. La.). The consent order provides that the Madsens will pay them a total of $30,000; that Pioneer Village will implement nondiscriminatory policies and will inform all residents and applicants of these policies and of their rights under the Fair Housing Act and Idaho state law; and that the relevant agents of defendants will attend fair housing training. a Fair Housing Act pattern or practice/election case. Cal. A mortgage lender may deny a qualified borrower's loan due to that persons apparent gender or perceived sexual orientation. Additional relief includes: an injunction prohibiting discriminatory housing practices by the defendants in the future; mandatory fair housing training for Mr. Barone and his employees; and an agreement that Ms. Barone will withdraw from the management of rental properties. United States v. Pittsfield Charter Township (E.D. There are reporting requirements and the Metropolitan Fair Housing Council of Oklahoma City, Oklahoma will receive $3,000.00 in compensatory damages. Tenn.). The case came to the Division after the Department of Housing and Urban Development (HUD) received complaints, conducted an investigation, and issued a charge of discrimination. Fla.). Mich.). The agreement also requires Nissan to adopt new polices and training to prevent future violations of the SCRA. 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. 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. United States v. Tunica County School District (N.D. It provides for standard injunctive relief, a payment of $15,000 to compensate aggrieved persons, and a $30,000 civil penalty. 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. Pa.), United States v. Brazoria Manor Apartments, Ltd. (S.D. The dream of ending discrimination in housing, which many hoped would provide the vehicle for integrating neighborhoods, schools, and eventually the nation's consciousness, has been largely unrealized. Tenn.), Metropolitan St. Louis Equal Housing Opportunity Council v. Gundacker Real Estate, Co. (E.D. The defendants also must pay $40,000 in damages to the Fair Housing Advocates Association, which filed the discrimination complaint with HUD that initiated this case. (E.D. EFFECTIVE DATE: July 14, 1992. 4. On December 13, 2006, the court entered a consent decree in United States v. Village of South Elgin (N.D. Ill.). The Division filed the Amended Complaint later that day. 83 (1981), without reference to more recent discrimination cases or the two more recent versions of Schwemm's work. 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