), United States v. Southport Bank (E.D. The complaint, which was filed on July 20, 2017, alleged that the complainant, a mother of an infant child, visited the White Cliffs at Dover apartments to inquire about two-bedroom apartments, but was told that White Cliffs had a policy of placing families with children under the age of 10 in first floor units only, and that no first floor units were currently available, nor was there room on the waiting list for first floor units. The defendants must also offer to pay current owners to correct certain inaccessible features within condominium units, including those found in bathrooms and kitchens. Ill.), United States v. First United Bank (N.D. ), United States v. Dovenberg Investments (W.D. The Village agrees that it will provide relocation assistance to all households displaced by the Plan. 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. Tex. 3931 and 3955, when they: (1) obtained default judgments against servicemember-tenants without filing an affidavit disclosing the tenants military status to the court; and (2) imposed early termination fees on servicemembers who terminated their leases pursuant to military orders. 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. The complaint also names Domco, LLC and Domco II, LLC. Haw.). 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. Cal. The owners of the eleven (11) buildings within Green Oaks, which were acquired by the Village prior to the entry the consent decree, shall receive an amount of money in addition to the purchase price paid by the Village. The case was handled by the Departments Housing and Civil Enforcement Section within the Civil Rights Division. 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 defendants own and operate several apartment properties in and around Sylvester, Georgia. In Curtis v. Loether, supra, 415 U.S. 189, a title VIII housing discrimination case, the United States Supreme Court made a similar distinction. The court's opinion held PHRC's investigation "is not subject to federal preemption" because it is specifically authorized and required by federal law," as set out in the Fair Housing Act. Conrad A. Johnson, Colombia University School of Law, housing, emotional harm, discrimination, civil rights. The complaint alleges that the Defendants discriminated against the Complainants on the basis of disability by failing to grant a reasonable accommodation to its breed restriction policy to allow a daughter with PTSD to visit her mother at the mobile home community with her assistance animal and that the Defendants interfered with their fair housing rights by banning the daughter and evicting the mother from the community. (D.D.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. ), United States v. Shanrie Company, Inc.(S.D. Ohio), United States, NFHA & LIHS v. Uvaydov (E.D.N.Y. ), United States v. Landings Real Estate Group (D. Conn.), United States v. Larkspur, LLC (S.D.N.Y. During this meeting, the plaintiff again told defendant Guy Emery that he was looking at the apartment on behalf of his mother who used a wheelchair. Ill.), United States v. Village of Walthill, NE (D. On January 7, 2020, the court entered a consent order in United States v. Creekside Condominium Owners Assn (D. Colo.). On February 22, 2008, the United States filed a brief as amicus curiae to address legal issues raised by defendants, without taking a position on the merits of the summary judgment motion. 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. 3955, by imposing lease termination charges against 65 servicemembers who had properly terminated their residential leases under the SCRA. Cal. Iowa). In addition, racially targeted loans that are designed to fail make housing unavailable because of race since the borrowers are likely to lose their homes through foreclosure. United States v. JPI Construction, LP (N.D. United States v. Acme Investments, Inc. (E.D. ), United States v. The Valley Club of Huntingdon Valley (E.D. Pa.), United States v. Vancouver Housing Authority (W.D. United States v. Town of Lake Hunting and Fishing Club (C.D. Va.). Tex. The complaint, filed February 19, 2003, alleged that Beaudet subjected female tenants to severe, pervasive, and unwelcome sexual harassment. Louisiana ACORN Fair Housing v. LeBlanc (5th Cir.). United States v. Penny Pincher, Inc. (S.D. Tex. (E.D.N.Y. ), United States v. Edward Rose & Sons (E.D. The complaint alleges that Nelson, who owns and manages at least two four-unit rental properties in the San Diego, California area, engaged in a pattern or practice of sexual harassment of and retaliation against female tenants from at least 2005 to the present. The Parish zoning ordinance required the group home provider to seek an accommodation to house five persons instead of the permitted four. Prior to entering into the settlement agreement, the defendant had granted the complainants request for a unit transfer. When she sold her home to move closer to the new base, Homecomings denied MSgt Gomez's request to waive the prepayment penalty on her residential mortgage loan. 3. The plaintiff alleges that the moratorium was adopted because of resident opposition based on the national origin and familial status of the prospective residents. Cal. A separate settlement resolving a similar lawsuit brought by the AICC against the city has also been submitted to the court for approval. The court held that the Parish broke the law when it failed to act on the request because of opposition from neighborhood residents and a member of the Parish Board. 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. On November 29, 2004, the court entered a consent decree resolving United States v. Wilmark Development Company (D. Nev.). PURPOSE: This enforcement guidance sets forth the Commission's position on the availability of compensatory and punitive damages pursuant to the Civil Rights Act of 1991, 102, "Damages in Cases of Intentional Discrimination." 3. The federal Fair Housing Act of 1968 and the federal Fair Housing Act Amendments Act of 1988 prohibit discrimination on the basis of the following criteria (called "protected categories"): race or color; religion; national origin; familial status or ageincludes families with children under the age of 18 and pregnant women . ), United States v. DKCD, Inc. d/b/a Renaissance Development (W.D. The agreement also requires monitoring for SCRA compliance. S.D. Pa.), United States & Poeschelv. Garden Grove, LLC (D. Minn.). It can take many forms and is common when people from various vulnerable populations are looking for a place to live. The complaint alleges that Twin Creek engaged in a pattern or practice of violating the Servicemembers Civil Relief Act (SCRA), 50 U.S.C. 03-92-0245-1 (March 11 . ), United States v. Andover Forest Homeowners Ass'n, Inc. (E.D. 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. This can take many forms, ranging from landlords refusing to rent to women or trans people, to sexual harassment by landlords. Tenn.). ), United States v. Miller-Valentine Operations (S.D. (E.D. 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. Conrad Johnson, Columbia Law SchoolFollow. Stay up-to-date with how the law affects your life. that conclusively proved the defendant's steering activities. Auth. ), United States v. Queens Point Manor (D. N.M.), United States v. Raintree Associates LTD. Partnership (D. Nev.), United States v. Raleigh Annex Apartments (S.D. ), United States v. Riverwalk Condominiums, LLC (D. Idaho), United States v. Rockford Villa (D. Minn.), United States v. Rock Springs Vista Development Corp., Inc., (D. Nev.), United States v. Rosewood Park, LLC (D. Nev.), United States v. Routh Guys, LLC d/b/a Kung Fu Saloon (N.D. The consent decree will remain in effect for five years. Ky.). Housing discrimination is illegal under federal law via the Fair Housing Act of 1968 (FHA). The complaint, filed on November 23, 2016, alleged that the village engaged in a pattern or practice of unlawful discrimination and denied rights to a group of persons on the basis of race and color in violation of the Fair Housing Act, when it refused to permit the construction of an affordable housing project in response to racially motivated public opposition. ), United States v. Bank of America (E.D. United States v. City of Janesville (N.D. Iowa), United States v. City of Johnstown, Pa. (W.D. United States v. Silverstein Properties, Inc. Despite the relatively few debates and the near absence of any extensive record from committees, Congress finally passed the Civil Rights Act of 1968. United States v. Highland Management Group, Inc. (D. Minn.). For employers with 101-200 employees, the limit is $100,000. Housing discrimination is more than a refusal to rent, sell, or finance housing. as defendants. The United States estimate that as a result of ANB's actions, approximately 1,800 Hispanic applicants and customers who utilized ANB's Spanish-language applications were adversely affected. On March 15, 2016, the court entered a consent order in United States v. Mere (M.D. (E.D.N.C. Cal. ), United States v. Housing Authority of the City of Aurora (D. Colo.), United States v. Housing Authority of the City of Bridgeport, d/b/a Park City Communities (D. Conn.). The agreement also includes non-monetary relief, including changes in BMW FSs lease termination policies to ensure that required refunds are provided, and employee training. ), United States v. Flagstar Corporation and Denny's (N.D. A PDF Reader is necessary to view these files. PHRC has been certified by HUD as one such agency. ), United States v. Thomas Development Co. (D. Idaho), United States v. TK Properties, LLC (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. What are some of the consequences of housing discrimination? Ark. Specifically, the housing complexes have inaccessible common areas, inaccessible routes into and through the units, doors that are too narrow for the passage of wheelchairs, and bathrooms that cannot accommodate grab bars. Recent New York appellate decisions will impact municipal tort litigation. The complaint, filed October 26, 2011, alleged that Nicolai Quinn, the manager of the apartment complex, told prospective African-American renters that apartments were not available when they were, while telling prospective white renters that there were apartments available. 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. The complaint, filed on November 14, 2004, alleged Pettinaro Construction Company, Inc.; Architecture Plus, P.A. Part II discusses the issue of bias in the process of reviewing discrimination cases from the perspective of critical race theory and recent social science data. On October 30, 2020, the United States filed an amended complaint in United States v. Hubbard (N.D. Ohio). Pa.). Ass'n, et al. On April 5, 2004, the court entered a consent decree resolving United States v. Carter (M.D. The case was based on evidence developed by the Division's Fair Housing Testing Program. (S.D.N.Y.). This case was handled jointly by the Civil Rights Division's Housing and Civil Enforcement Section and the U.S. 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 complaint, which was filed on March 16, 2020, alleged that the owner of a 21-unit apartment building in Pullman, Washington violated the Fair Housing Act on the basis of disability by refusing to allow a woman to live with her assistance dog and then fining her and beginning eviction proceedings against her and her son. v. Baumgardner, Thomas C. 11/15/1990: . ), United States v. County of Culpeper (W.D. also see United States v. Jarrah; aka Yurman, Land Guardian, Inc., f/d/b/a Gaslamp, d/b/a 360 Midtown (S.D. 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. The statement of interest states that (1) Smith v. 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