Mich.), Hand in Hand/Mano en Mano v. Town of Milbridge, Maine (D. The complaint, filed on February 17, 2005, alleged that the defendant Guy Emery, the rental manager discriminated on the basis of disability. United States v. Envoy Apartments Association, Inc. (S.D. The settlement provides for $35,000 for complainants, $35,000 for additional aggrieved persons, and a $25,000 civil money penalty, as well as injunctive relief. On September 25, 2002, the court entered the consent decreein United States v. The John Buck Company (N.D. Ill.). The consent decree requires the state agency to pay $15,000 in damages to the each of the two servicemembers and a $20,000 civil penalty (total of $50,000), in addition to adopting various policy changes to prevent future SCRA violations. On January 30, 2020, the court entered a consent order in United States v. Levenson (D. ), supporting the servicemember's argument that there is a private right of action to enforce the provision of the SCRA that requires lienholders to get a court order before enforcing a lien on a servicemember's property. Cal. On July 27, 1999, the court entered a consent decree resolving United States v. Orchard HillBuilding Co. Inc.(N.D. Ill.), The complaint, which was filed on July 1, 1999, alleged the architect and developer built residential properties, Creekside of Spring Creek and Convington Knolls, violated the Fair Housing Act when they did not include certain features that would make the units accessible to persons with disabilities. 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. Wis.). 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. United States v. PR III/Broadstone Blake Street, LLC et al. United States v. Woodbury Gardens Redevelopment Co. Owners Corp. Tex.). Although the jury answered "No" to the verdict question "Do you find by the preponderance of the evidence that the defendants violated the Fair Housing Act by refusing to rent an apartment to (DNA), or otherwise making an apartment unavailable to her, because she used a wheelchair?" United States v. Fernando L. Sumaza & Co., Inc. (D. MEEKER, Colo. (CBS4) - Residents with disabilities using the Meeker Housing Authority won a discrimination lawsuit for $1 million. Haw. ), United States v. Wheeling Housing Authority (N.D. W. Va.), United States v. The Whitacres, LLC (N.D. W. Va.), United States v. WHPC-DWR, LLC (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. ), United States v. County of Culpeper (W.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,which was filed on April 30, 2015, alleged the owner of the Royal Park Apartments, an eight-building multi-family residential complex with 224 units in North Attleboro, Massachusetts violated the Fair Housing Act by steering families with children into certain buildings, floors, and units. Subscribe to our e-newsletter to keep up to date on our cases, events, and other fair housing news. 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. Fleetwood Capital Development, L.L.C. | Last updated August 18, 2017. Mich.). United States v. Ashford County Housing Authority (M.D. ), United States v. Kenna Homes Cooperative Corporation (S.D. This article explores how Medicaid policies excluding or limiting coverage for transition-related health care for transgender people reproduce hierarchies of race and class and examines the social, economic, legal, political, medical, and mental health impact of these policies on low-income trans communities. 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. Under the terms of the consent decree the Village shall: pay $5,000 to each of the forty-four households in Green Oaks who were relocated as a result of the Village's acquisition and/or removal of buildings prior to the entry of this consent decree; establish a fund in the amount of $100,000 for private plaintiffs representing the class pursuant to the notice; pay $1, 000 to any household displaced in the center core of Green Oaks Courts pursuant to the implementation of the Plan; pay $60,000 to Hispanics United of DuPage County, the Hispanic Council, and the Leadership Council for Metropolitan Open Communities; pay $30,000 into an interest-bearing account to be used in furtherance of fair housing in Addison by enhancing awareness of the requirements of federal fair housing laws. The settlement agreement requires the defendants to pay up to $1,490,000 to compensate 127 servicemembers who had unlawful default judgments entered against them and $34,920 to compensate 10 servicemembers who were charged early lease termination fees in violation of the SCRA. ), United States v. Cracker Barrel Old Country Store (N.D. Ga.). 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. On August 8, 2019, the court entered a consent decree resolving United States v. Waterbury (N.D.N.Y.). Chicago Fair Housing Ordinance. Personal Injury and Medical Malpractice Case Verdicts and Settlements. The court entered the consent order on July 13, 2020. The following are indicators of discriminatory housing practices that are all too common in housing sales and rentals: Owners of private property can legally refuse to sell or rent to anyone for any reason under Fair Housing laws. Pa.), United States v. Vancouver Housing Authority (W.D. Va.). Ill.), United States v. Mills d/b/a Chestnut Properties (D. N.H.), United States v. Mississippi Regional Hous. Va.), United States v. Choice Property Consultants, Inc. (D. On October 27, 2010, the Division participated in oral argument as amicus in Gordon v. Pete's Auto Service of Denbigh, Inc. (4th Cir. Mich.). 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. United States v. Greenbrier Homeowners Association (D. Minn.), United States v. Grand Canyon Enterprises (D. Nev.), United States v. Government of Guam (D. Guam), United States v. Guaranteed Auto Sales (D. The complaint, filed on September 30, 2019, alleges that defendants violated the Equal Credit Opportunity Act by offering different terms of credit based on race to customers seeking to purchase and finance used cars in Glen Burnie, Maryland. ), On November 4, 2013, the court entered the, Stipulation and Order of Settlement and Dismissal, second partial consent decree (PDF Version), United States v. Target Recovery Towing (M.D. Ga.), United States v. Housing Authority of the City of Ruston (W.D. Congregation Etz Chaim v. City of Los Angeles (C.D. United States v. Gentle Manor Estates, LLC (N.D. United States v. Avatar Properties, Inc. (D. N.H.), United States v. BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing, LP (C.D. (S.D.N.Y.). Ill.), a Fair Housing Act pattern or practice/election case which was referred to the Division by the Department of Housing and Urban Development (HUD) alleging discrimination on the basis of disability. The jury found that the defendant made an apartment unavailable to the HUD complainants based in substantial part on their familial status. Contact us. 3604(a), (b), (c) and 3617. The complaint, which was filed on January 11, 2001, alleged the defendants: Boise, Idaho developers, Walter T. Sigmont and Wirt Edmonds, Pacific Northwest Electric, Inc., Edmonds Construction Co., Inc., and architects Teal Whitworth Architects, P.A. Ill.), United States v. Sharlands Terrace LLC (D. Nev.), United States v. Shawmut Mortgage Company (D. Conn.), United States v. Shur-Way Moving and Cartage (N.D. Ill.). Copyright 2003 Gale, Cengage Learning. The court ordered supplemental briefing on whether amendments made to the SCRA on October 13, 2010, adding an explicit private right of action, are retroactive. Fla.). ), United States v. City of St. Anthony Village (D. Minn.), United States v. City of St. Peters (W.D. For employers with 101-200 employees, the limit is $100,000. This practice can manifest itself in a variety of ways. 1999). As part of the Citys settlement with the department, the City has amended its zoning code to better comply with federal anti-discrimination laws, including removing restrictions that apply to housing for persons with disabilities and implementing a reasonable accommodation policy. The agreement requires the defendants to pay $11,000 to the HUD complainants and participate in fair housing training, as well as additional relief. United States v. 118 East 60th Owners, Inc. The court entered the consent decree on March 28, 2019. United States v. PHH Mortgage Corp. (D. N.J.). ), a HUD election/pattern or practice case. The consent decree will remain it effect for seven years. Our amicus brief was submitted in connection with plaintiff's motion for a preliminary injunction. Specifically, the complaint alleged that the defendant encouraged prospective white renters to consider residing at Mere's Park and discouraged African Americans from residing there by, for example, referring African Americans to another mobile home and RV park, making discouraging comments about units that were available for rent, and failing to provide African Americans complete and accurate information about available units and lots. Louisiana ACORN Fair Housing v. LeBlanc (5th Cir.). The complaint asserted that Yoder-Shrader had discriminated at eight of its apartment complexes by either restricting families to certain units within apartment complexes; instructing certain employees that they were not permitted to rent to Hispanic or African-American prospective renters; and, not telling minority apartment-seekers the same information about the availability of rental units as was provided to whites. In addition to Mr. Barrett, the complaint named several companies with which he is associated as defendants in the lawsuit. The consent decree requires the defendants to pay $17,500 to the servicemember and a civil penalty of $2,500, as well as to adopt new policies and procedures to avoid SCRA violations in the future. 03-92-0245-1 (March 11 . Cal. 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. The 1990 zoning ordinance effectively prohibited all "non-grandfathered" mobile homes in the Village. Specifically, the complaint alleged that the defendants violated 42 U.S.C. The settlement agreement requires the defendants to pay for up to $172,784 for retrofits to common areas and units, establish an aggrieved persons fund of $30,000, pay $322,216 for damages, attorneys fees, and unit retrofits to the private plaintiffs who filed the HUD complaints that initiated the matter, report future design and construction projects to counsel for the United States, and agree to refrain from discrimination based on disability in the future. ), Opulent Life Church v. City of Holly Springs (5th Circuit). This matter arose when United States Air Force Master Sergeant Brenda S. Gomez received permanent change of station orders transferring her from Tinker Air Force Base to Vance Air Force Base. This case was based on evidence developedby the Diviision'sFair Housing Testing Program. ), United States v. City of San Jacinto (C.D. This matter was litigated jointly by this Section and the United States Attorney's Office. Mich.), a case under the federal Fair Housing Act alleging sexual harassment of female tenants. United States v. Centier Bank (N.D. Cal. The consent decree also required the defendants to pay $13,000 to the HUD complainants. 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. Tex. ), United States v. 61 Main Street Corp. Ark. United States v. Carteret Terrace, LLC (D. N.J.), United States v. C&F Mortgage Corporation (E.D. ), a pattern or practice/election Fair Housing Act case. > (E.D. Ill.). ), United States v. COPOCO Community Credit Union (E.D. Name On March 25, 2020, the court entered a consent order resolving United States v. Epcon Communities, Inc. and Epcon Communities Franchising, Inc. (S.D. The complaint, which was filed in December 2016, and was subsequently amended, alleges that the owner and operator of an apartment complex refused to make a reasonable accommodation to allow a person with a disability to keep an assistance animal in his home. Miss.). United States v. Albert C. Kobayashi, Inc., et al. The settlement agreement requires BMW FS to pay $2,165,518.84 to 492 servicemembers and $60,788 to the United States Treasury. Ass'n, et al. This is a Fair Housing Act disability discrimination case filed by the owners of two recovery houses for people with addictions, who allege that the city of New Haven failed to make a reasonable accommodation by allowing more than eight to ten persons to reside in the houses. 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. The jury also found that the defendant retaliated against them by filing a lawsuit against them after they filed their HUD complaint. ), United States v. Trinity Villas, Inc. (M.D. These orders can require a . Pa.), Estes. United States v. Prestonwood Properties (N.D. Okla.). ), United States v. City of Milwaukee (E.D. On March 12, 2020, the United States filed an election complaint in United States v. Dorchester Owners Association (E.D. Jones v. Mayer Co. (1968) The Court held in this case that federal law bars all racial discrimination (private or public), in sale or rental of property. The two main ways to prove emotional distress damages are (1) for the employee (and their friends and family) to testify about how the discrimination caused psychological injury, and/or (2) have a . The Fair Housing Act was passed in 1968 in the aftermath of Dr. Martin Luther King, Jr.'s assassination and as an extension of the Civil Rights Act of 1964; it has been amended several times since then. Wash.), United States v. Security State Bank (W.D. The United States filed a fair housing election complaint alleging that the defendants discriminated against the complainant and her son on the basis of their familial status, by refusing to rent an apartment and falsely telling her that an apartment was not available. Tex.). (E.D.N.Y.) Part I describes the, Racial Diversity on the Bench: Beyond Role Models and Public Confidence, 57 WASH. & LEE L. REV. (E.D.N.Y. 42 USC 1981a (c). On March 8, 1999, with the court entered a consent order in United States v. Pinewood Associates (D. Nev.). ), United States v. Workman Family Trust (N.D. These limits vary depending on the size of the employer: For employers with 15-100 employees, the limit is $50,000. Wash.). Ky.), United States v. Dominic Properties, LLC (D. Minn.). The consent decree requires the defendant to pay $35,000 to the complainant, adopt non-discrimination and reasonable accommodation policies, and record keeping. The sum of the amount of compensatory damages awarded under this section for future pecuniary losses, emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, and other nonpecuniary losses, and the amount of punitive damages awarded under this section, shall not exceed, for each complaining party. (S.D.N.Y.). Protected characteristics include race, color, national origin, religion, gender, familial status, sexual orientation, and disability. Firms. 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. Imagine when this security is disrupted due to housing discrimination; it can be a devastating obstacle to an essential part of your life. 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. Tel-Clinton Trailer Courts, Inc. (E.D. 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. 3958, when it auctioned off the contents of an active duty servicemembers storage unit without a court order. Cal. 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. ), United States v. Andover Forest Homeowners Ass'n, Inc. (E.D. On September 9, 2019, the United States filed a complaint in United States v. Prashad (D. The second partial consent order, entered on February 24, 2014, required the developer, builder, and original owner defendants to complete retrofits at each property to bring them into compliance with the FHA and ADA. "The more inherently degrading or humiliating the defendant's action is, the more reasonable it is Mass. On September 28, 2020, the United States filed a complaint in United States v. United Tows, LLC (N.D. 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. housing discrimination remains persistent and Title VIII is a mere . ), Southwest Key Programs, Inc. v. City of Escondido (S.D. The complaint alleges that the owners and managers of residential rental housing in Honolulu, Hawaii, refused to rent to families with children, in violation of the Fair Housing Act. 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. June 5, 2019 / 12:15 PM / CBS Colorado. The case was originally 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. Ill.), United States v. City of Farmersville, Texas (E.D. The consent orderrequired the bank to provide $55 million in loans at below market rates to the areas that it refused to service previously and to implement a non-discriminatory lending policy. The Fair Housing Act election complaint, which was filed on June 17, 2020, alleged that the defendants discriminated on the basis of disability by refusing to grant a reasonable accommodation for a transfer to a unit with fewer stairs based on the complainants daughters mobility impairment. There are usually two components to asserted damages in an employment termination claim, and therefore to any settlement of such a claim: (1) compensation for economic losses such as back pay, and (2) compensation for emotional distress harm. The consent decree resolves the United States claims under the Fair Housing Act that John Klosterman subjected his female tenants to severe, pervasive, and unwelcome sexual harassment and unlawful retaliation. > The complaint alleges that the defendant violated 50 U.S.C. No. (D. ), United States v. Fleet Mortgage Company (E.D.N.Y. 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. (D.D.C. On August 20, 2020, the United States Attorney's Office filed a complaint in United States v. Carmer (D. ), United States v. Springfield Ford, Inc. (E.D. 1. On December 12, 2016, the United States filed a complaint in United States v. County of Culpeper (W.D. According to the National Fair Housing Alliance (NFHA), approximately four million incidents of housing discrimination occur in the United States each year. United States v. Town of Lake Hunting and Fishing Club (C.D. ), United States v. Bank of America Corp., Citibank, NA, JPMorgan Chase & Co., Ally Financial, Inc. and Wells Fargo & Co. EFFECTIVE DATE: July 14, 1992. Ala.), United States v. Lawrence Downtown Holdings LLC (formerly United States v. Equity Residential)(S.D.N.Y. (D.D.C.). 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. East 60th Owners, Inc Village ( D. 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