United States v. Zenith of Nevada, Inc., f/k/a Perma-Bilt (D. Nev.), USAA Federal Savings Bank v. Pennsylvania Human Relations Commission (E.D. Despite the existence of the Housing Discrimination Act, national-origin-based discrimination persists. The court reasoned that granting USAA's request "would render the FHA anti-discrimination provision a nullity and unenforceable where a federal savings and loan institution discriminated" and "would frustrate the antidiscrimination enforcement scheme intended by Congress." Wis.). ), United States v. Bank of America Corp., Citibank, NA, JPMorgan Chase & Co., Ally Financial, Inc. and Wells Fargo & Co. 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. Ohio), the terms of which include $175,000 in monetary damages for 20 aggrieved women, a $2,500 civil penalty, and comprehensive injunctive relief. The settlement agreement requires defendants to retrofit the three buildings to make them accessible, pay $10,000 in damages to the complainant, the Northwest Fair Housing Alliance, adopt a nondiscrimination policy, and attend training on the Fair Housing Act. Ill.), United States v. Shanrie Co. Inc. ("Shanrie II") (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. Gender-based housing discrimination victims may have more difficulty finding suitable housing, which can lead to financial insecurity and devastating health consequences. The court's opinion adopted the United States' argument that the plaintiff in a design-and-construction case may demonstrate liability by showing that the defendant did not follow the HUD FHA Guidelines, and that the defendant may overcome this showing only by demonstrating compliance with another, comparable accessibility standard. Cal.). Making assumptions about someone's abilities or character based on their ethnicity and basing a housing decision on that is also an example of national origin discrimination. While some civil right measures have been curtailed over the years, Title VIII has been uniformly supported by the few Supreme Court decisions that have reviewed the constitutionality or the application of the statute. Md.). 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. 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. After respondents were contacted by HUD regarding a complaint of design and construction deficiencies, respondents took corrective actions at an approximate cost of $41,000. ), United States v. Housing Authority of the Town of Milford (D. Conn.), United States v. Housing Authority of the City of Winder, Georgia (N.D. Ga.), United States v. Housing Management Services (W.D. ), United States v. Inland Empire Builders (D. Nev.). On April 1, 2005, the court entered a consent order resolving United States v. B&S Properties of St. Bernard, L.L.C. https://scholarship.law.columbia.edu/faculty_scholarship/968, Civil Rights and Discrimination Commons, The consent decree will remain in effect for three (3) years. The complaint, filed on April 15, 2004, alleged a pattern or practice of race discrimination by the owners of apartments in Chalmette, Louisiana. ), United States v. Enclave Development, L.L.C. The United States signed a modification agreement with Pulte Home Corporation (Pulte) to supplement and amend a settlement agreement previously entered into with Pulte in July 1998. entered the consent decree in United States v. Barrett (M.D. Stress evokes negative emotional responses, such as . The complaint, which was filed on September 28, 2016, alleged that the owner and operator of the Houston-based sports bar 360 Midtown (formerly d/b/a Gaslamp) implemented discriminatory admission practices to discourage and/or deny African American, Hispanic and Asian-American prospective patrons entrance. 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. Under the consent decree, the defendant is required to pay $400,000 to the alleged victims, plus a $25,000 civil penalty to the United States. On March 1, 2017, the court entered a consent order in United States v. City of Sterling Heights (E.D. The decree also established a five million dollar fund to compensate individual victims; over 1,600 households in the community received damages. On September 6, 2017, the parties entered a $95,000 settlement agreementresolving United States v. Appleby (W.D. United States v. Village of South Elgin (N.D. Ill.). 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. Housing discrimination based on familial status can range from refusing to rent an apartment to a family with children to charging higher rents or deposits, as well as making threats or comments about someone's family, such as saying that a tenant with young children is "too noisy" or that an expecting mother "takes up too much space.". The consent decree requires Shur-Way to pay $20,000 in damages to the servicemember, pay a $10,000 civil penalty, and revise its policies. On July 9, 2019, the United States filed a HUD election complaint and proposed consent decree in United States v. The Bay View Association of the United Methodist Church (W.D. The complaint also names Domco, LLC and Domco II, LLC. Fair housing is a civil right protected by the Fair Housing Act (FHA). Fla.), United States v. Foxcroft Partnership (N.D. Ill.), United States v. Fox Point at Redstone Ass'n, Inc. (D. Utah), United States v. Freeway Club (N.D. Ala.). 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. even for an emotional support animal" . On August 17, 2018, the United States Attorneys Office filed a statement of interest in National Fair Housing Alliance v. Facebook (S.D.N.Y. United States v. Applewood of Cross Plains (W.D. 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. 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. On July 14, 2020, the court entered a consent order in United States v. 111 East 88th Partners (S.D.N.Y.). There are limits on the amount of compensatory and punitive damages a person can recover. The Court reasoned that CFC has a likelihood of success to prevail on the merits of its RLUIPA equal terms claim because the ordinance treats religious assemblies less well than secular assemblies and the interests articulated by the Village are not compelling to justify unequal treatment. ), a HUD election/pattern or practice case. The more egregious the discrimination and more severe the losses suffered by the victim, the greater the value of the case could be. HUD v. Sams, 2A Fair Housing-Fair Lending (Aspen) 25,069, HUDALJ No. United States v. 4 Anchorage Lane Owners, Inc. 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. La.). Under the terms of the settlement, respondents Trop-Edmond, L.P. and Trail Properties, Inc. will donate $5000 to an organization in Nevada that serves the housing needs of persons with disabilities. Pa.), United States v. Stonecleave Village Ass'n, Inc. (D. This is the largest award ever recovered in a sexual harassment suit brought by the United States under the Fair Housing Act. VIII (S.D. 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 defendants appealed the jury verdict and the district court's injunction prohibiting the defendants from engaging in future acts of discrimination. Accessibility Statement. United States v. Hillman Housing Corp. ), United States v. Reeves & Red Oaks Assisted Living, Inc. (D. Alaska), United States v. Regent Court Apartments, LLC (E.D. Infliction of emotional distress is a tort, which is an action (or inaction) someone takes that injures someone else. 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. (E.D.N.Y.). Mo.). On October 22, 2002, the court (Lawson, J.) The complaint, which was filed on April 10, 2017, alleged that in 2014, the owners and manager of a 16-unit multifamily building terminated the lease of a tenant who asked to add her baby granddaughter to her lease and made statements indicating that they had a policy of not renting to households with children. The settlement agreement requires the defendants to pay the complainant $20,000 and to comply with the Fair Housing Act. Verify that the taxpayer reported taxable amounts at gross rather than reporting them net Ga.), United States v. City of Port Jervis (S.D.N.Y. On September 1, 2017, the parties entered a settlement agreement in United States v. Bensalem Township (E.D. Under the agreement, Ms. Michele Crowe must pay a total of $1,900 in damages ($1,425 to the servicemember and a $475 civil penalty to the United States), adopt lease language that complies with the SCRA, report to the United States on SCRA compliance, and refrain from engaging in future SCRA violations. 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. The case was referred to the Division after the Department of Housing and Urban Development (HUD) received two complaints from former tenants, conducted an investigation, and issued a charge of discrimination. ), United States v. City of Boca Raton (S.D. (E.D.N.Y. 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 complaint, filed on July 7, 1995, alleged that the Village of Addison violated the Fair Housing Act on the basis of national origin. Gordon v. Pete's Auto Service of Denbigh, Inc. (4th Cir.). 1. Cal. By Marcia Stewart. v. Rutherford County Regional Planning Commission (Chancery Court for Rutherford County, Tennessee). As we have seen, housing discrimination comes in many forms, and often happens on multiple bases simultaneously. The settlement resolves allegations that J & R Associates discriminated against tenants of South Asian descent in violation of the Fair Housing Act, which prohibits housing discrimination on the basis of race and national origin. Tex.). 2000). Fla.), United States v. Yoder-Shrader Management Company (C.D. United States v. Chandler Gardens Realty, Inc. (D. Mich.), United States v. Van Raden Properties, Inc. (D. Minn.), United States v. Village of Addison (N.D. Ill.). 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. The complaint, filed on December 16, 2004, alleged that the defendant subjected female tenants to conduct including, but not limited to, unwanted verbal sexual advances; unwanted sexual touching; conditioning the terms and conditions of women's tenancy on the granting of sexual favors; entering the apartments of female tenants without permission or notice; and taking adverse action against female tenants when they refused or objected to his sexual advances. 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. resolving a Fair Housing Act design and construction case resulting from an election referral from the Department of Housing and Urban Development (HUD). The consent decree affects 289 ground floor apartments at Rockwood and West Creek Village and 133 condominium units at Bethany Bay Resort Community. United States v. Walker d/b/a The Knights (M.D. Ind. Wis.), United States v. Union Savings Bank and Guardian Savings Bank (S.D. ), United States v. Pinewood Associates (D. Nev.). Miss. 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.
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