(S.D.N.Y. 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. Additionally, they must establish a $300,000 settlement fund for people who suffered harm due to the lack of accessible features at the 32 Ohio properties, pay a civil penalty of $51,303 to the United States, and ensure that any future housing they design or construct complies with the FHA. The Fair Housing Act strives to ensure equal opportunity in housing for all, but this is only possible with strict compliance and rigorous enforcement of the law. ), United States v. Housing Authority of the City of Anderson, Indiana (S.D. FROM $25,000 TO $95,000 . Under the terms of the consent decree, the defendants will retrofit the 283 units and common areas to make them accessible to persons with disabilities, pay damages of $30,000 to Access Living of Metropolitan Chicago, pay $50,000 to compensate tenants who have been harmed by the lack of the accessible features at the complex, and pay a $13,600 civil penalty to the United States. On March 19, 2018, the United States and the United States Attorneys Office entered into a settlement agreement resolving United States v. Fairfax Manor Group, LLC (W. D. Tenn.), a Fair Housing Act election case based on disability. In some cases, people of color are outright denied a lease or mortgage because of their skin color, while in others, they are steered towards specific neighborhoods known for high crime rates, poorer access to schools, or other negative characteristics. ), United States v. First United Security Bank (S.D. Ohio). 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. Consumer Financial Protection Bureau & United States v. Hudson City Savings Bank, F.S.B. Va.), United States v. Synchrony Bank, f/k/a GE Capital Retail Bank (D. Utah), United States v. Taigen & Sons, Inc. (D. Idaho), United States v. Talgar General Partnership (D. N.H.), United States v. Tamarack Property Management Co. (D. Ala.), United States v. City of Springfield (C.D. In September 2018, the City and the Islamic Association entered into a separate agreement allowing for the approval of the cemetery and in December 2018, the City approved the Islamic Associations application to develop the land as a cemetery. On July 29, 2002, the court entered a consent order resolving United States v. Madsen (D. Idaho), a Fair Housing Act election case. The settlement also requires HACB to pay $1,500,000 to those hurt by its discriminatory practices and a $25,000 civil penalty to the United States. 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. (E.D.N.Y. Fla.), United States v. Henrico County (E.D. On June 16, 2017, the parties entered into a settlement agreement in United States v. Crowe (M.D. The consent decree will remain in effect for five years. The complaint, filed on July 14, 2008, alleged that the Condominium Association and the members of its Board of Directors in located in Munster, Indiana, maintained a written policy that prohibited families with minor children from living in the condominium complex The complaint further alleged that members of the Board made oral statements indicating a preference against families with children and that the policy was enforced in a discriminatory manner to exclude African-Americans from living in the condominium complex. (E.D. The United States also presented evidence that Washtenaw County Commissioner Ronnie Peterson, who owned the properties, knew that Johnson was sexually harassing tenants but did nothing to stop it. On August 15, 2013, the court entered a consent decree in United States v. Highland Management Group, Inc. (D. Minn.). Thebrief argues that by targeting minorities for predatory loans, a lender discriminates in the terms and conditions of home financing, even if it makes all or most of its loans in minority areas. Housing Act by engaging in a pattern or practice of sexual harassment against tenants and housing applicants since at least 2005. 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 estimated cost of the retrofits is approximately $800,000. Mich.), United States v. Compass Bank (N.D. Ala.), United States v. Compton Place Associates (M.D. In denying the motion, the court agreed with our argument that (1) assuming this to be true, it would not affect our entitlement to recover under an intentional discrimination theory, and (2) whether Unity House complied with the state law involves disputed issues of fact. All rights reserved. There has always been wide discretion to set damages for emotional distress in Fair Housing cases. Ohio), United States v. Nationwide Nevada (D. Nev.), United States v. Nejam Properties (S.D. United States v. Philadelphian Owner's Association (E.D. At trial, the jury returned a verdict finding that Zellpac and Emery had violated the disability provision's of the Fair Housing Act. 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. On November 13, 2014, the United States filed a statement of interest in support of the Equal Rights Center's summary judgment motion. Below is a list of U.S. Supreme Court cases involving fair housing and housing discrimination, including links to the full text of the U.S. Supreme Court decisions. 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. Stress and health. also see United States v. Jarrah; aka Yurman, Land Guardian, Inc., f/d/b/a Gaslamp, d/b/a 360 Midtown (S.D. A court can award you interest on the injury to feelings and financial loss parts of your compensation. The complaint, filed on May 18, 2015, alleged a pattern or practice of discrimination based on familial status by the corporate owner and agent of a 173-lot mobile home park in Crown Point, Indiana. The bank could provide no reason for carving out areas with large concentrations of minority individuals from its lending areas. ), 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.). On March 14, 2019, the Division and the United States Attorneys Office filed a complaint in United States v. PRG Real Estate Management (E.D. In addition, the complaint alleged that the defendants provided transportation as an amenity and that until 2013, that transportation was inaccessible to people who used wheelchairs in violation of the Fair Housing Act. Mo. On March 18, 2019, the United States filed a Statement of Interest in Ramapough Mountain Indians, Inc. v. Township of Mahwah (D. N.J.), a case brought under the Religious Land Use and Institutionalized Persons Act (RLUIPA). Pa.), United States v. Vancouver Housing Authority (W.D. United States v. United Tows LLC (N.D. v. Rutherford County Regional Planning Commission (Chancery Court for Rutherford County, Tennessee). S.D. Gender-based housing discrimination victims may have more difficulty finding suitable housing, which can lead to financial insecurity and devastating health consequences. In addition, the defendants are required to: pay damages in the amount of $29,000 to persons harmed by the lack of accessible features at the complexes; pay $5,000 in damages to the Intermountain Fair Housing Council ("IFHC"); and ensure that new construction complies with the Fair Housing Act with respect to new construction comply with the provisions of the Fair Housing Act. In 1986, the Village of Hatch, through its Mayor and Board of Trustees, passed a moratorium on mobile homes being moved into the Village. The agreement requires accessibility improvements to the apartment units and the complexes' common areas. United States v. Prestonwood Properties (N.D. Wash.). Conrad A. Johnson, Colombia University School of Law, housing, emotional harm, discrimination, civil rights. ), 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. Under the consent order Defendant must pay $3,000 in damages to the servicemember and his wife, pay a civil penalty of $500 to the United States, report to the United States on SCRA compliance, and refrain from engaging in future SCRA violations. In addition, the Village will also take a number of actions to guard against further housing discrimination, including training elected officials and individuals involved in the planning process, developing a fair housing policy, and hiring a fair housing compliance officer. 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. He has also agreed to hire a management company to manage his rental properties. ), United States v. Sallie Mae, Inc. (D. ), United States v. Housing Authority of the County of Los Angeles, City of Lancaster, California, and City of Palmdale, California (C.D. Ky.), United States v. Dominic Properties, LLC (D. Minn.). The case was based on evidence developed by the Division's Fair Housing Testing Program. The agreement also requires Nissan to adopt new polices and training to prevent future violations of the SCRA. 1. Pa.), United States v. Luther Burbank Savings (C.D. (E.D. The consent order requires certain retrofits to units and common areas in the building in addition to reporting and training requirements and a payment of $5,000 to the HUD Complainant, the Denver Metro Fair Housing Center. violated the Fair Housing Act by discriminating against tenants on the basis of sex (both quid pro quo and hostile environment sexual harassment), and that the owner, manager, district manager, and site manager retaliated against tenants who complained about the sexual harassment. On October 6, 2021, the court entered a consent order in United States v. The complaint, filed on June 5, 2002, alleged that the defendants, the owner and property management company of an apartment complex in Jamaica Estates, Queens, violated the Fair Housing Act when they failed to make a reasonable accommodation to their no-pets rule to allow the complainant to keep an emotional support dog in her unit, and instead served her with eviction notices. United States v. Alaska Housing Finance Corp. (D. Alaska). If your case involves a lot of money or is complex, you will probably need the help of a lawyer to file a civil lawsuit. Many state agencies have also adopted the principle prohibitions of Title VIII, and with its 1988 amendments, the law has been strengthened, broadened, and attorney's fee provisions have permitted the private bar to play a primary role in its enforcement. Document Cited authorities . 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. The federal fair housing laws became effective in 1968. Mo. 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. ), United States v. Royalwood Cooperative Apts, Inc. (E.D. The consent decree includes provisions for compensatory damages in the amount of $330,000 for aggrieved persons and a $5,000 civil penalty. Ga.), United States v. City of Port Jervis (S.D.N.Y. For employers with 201-500 employees, the limit is $200,000. 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. ), a Fair Housing Act election case. 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. Ind.). This, and future civil rights legislation, would be characterized by the development of a national agenda . Va.). S.D. The court entered the consent order on September 30, 2020. Personal injury lawsuits usually involve the tort of negligence, for instance, while defamation lawsuits will . Neb. Mich.), United States v. Van Raden Properties, Inc. (D. Minn.), United States v. Village of Addison (N.D. Ill.). Wash.), United States v. Boyers' Personal Care Homes (W.D. Va.), alleging that the county violated RLUIPA when it denied a pump and haul sewage permit to the Islamic Center of Culpeper (ICC), effectively preventing the ICC from building a small mosque on land that it had contracted to purchase in the county. In general, when someone prevails with a housing discrimination complaint, the following types of remedies and penalties are available: Court orders or injunctions to stop the illegal discrimination. (D. On August 23, 2011, the court granted summary judgment in favor of PHRC and refused to enjoin the investigation. Cal.). La. United States v. Coldwell Banker Joe T. Lane Realty, Inc. (N.D. Ga.), United States v. Colts Pride Homeowners Association (D. N.J.), United States v. Community State Bank (E.D. Among the features which will be retrofitted are bedroom and bathroom doors which are too narrow to accommodate persons who use wheelchairs; clear floor space in bathrooms that is inadequate for use by persons in wheelchairs; and excessive sloping of the pavement leading up to dwelling unit entrances as well as the thresholds to those entrances which makes it difficult for persons who use wheelchairs to enter units. It provides for standard injunctive relief, a payment of $15,000 to compensate aggrieved persons, and a $30,000 civil penalty. Wis.), United States v. Wilmark Development Company (D. Nev.). (2003). Fla.). United States v. Albert C. Kobayashi, Inc., et al. Wash.). On April 1, 2013, the Division filed a statement of interest in Gomez v. Quicken Loans (C.D. On September 25, 2002, the court entered the consent decreein United States v. The John Buck Company (N.D. Ill.). $2.5 million Medical Malpractice resulting in wrongful death in failing to timely diagnose and treat lung cancer of a 48-year-old mother of four . The amendment capped the sum of compensatory and punitive damage awards for intentional discrimination according to a sliding scale up to $300,000. Cal. 3d 472 (SDNY March 1, 2016). On November 29, 2004, the court entered a consent decree resolving United States v. Wilmark Development Company (D. Nev.). On February 6, 2019, the United States filed a complaint and entered into a settlement agreement resolving United States v. PHH Mortgage Corp. (D. N.J.). ), United States v. Saxon Mortgage Services, Inc. (N.D. Me.). The complaint, filed on July 7, 1995, alleged that the Village of Addison violated the Fair Housing Act on the basis of national origin. Wis.). Hargraves v. Capitol City Mortgage Corp. Wash.), United States v. Notre Dame de Namur University (N.D. Nonetheless, it is categorically prohibited in light of the broader ban on discrimination based on familial status. Emotional harm in housing discrimination cases: a new look at a lingering problem. Ark. ), United States v. Townsend House Corp. ), 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. United States v. Village of Airmont (S.D.N.Y. Tex.) 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. 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. ), United States v. Melinda S. Moore Housing, Inc.(W.D. The amended complaint alleges that the City and Sheriffs Department created and enacted the ordinance with the intent to drive African American and Latino renters out of their homes and out of Hesperia, and that the Sheriffs Department, acting on behalf of the City, discriminatorily enforced the ordinance against African American and Latino renters and in majority-minority areas of Hesperia. The Town responded by enacting a policy barring worship services at the Civic Center, citing separation of church and state concerns. 4. Ohio), United States v. Millikin Univ. United States v. Space Hunters, Inc. The complaint also alleged that the defendants may have towed and sold at least twenty servicemembers' cars without court orders. ), Garden State Islamic Center v. City of Vineland, NJ (D. N.J.). Cal. United States v. Zaremba Management (N.D. Ohio), Youkhanna v. Sterling Heights (E.D. ), United States v. City of Lilburn (N.D. Ga.), United States v. City of Lomita (C.D. The complaint, which was filed on November 16, 2005, alleged that the defendants refused to sell property located in the Village of Sherman, County of Sagamon, Illinois to the HUD complainants because the planned use for the property was as a group home for adults with developmental disabilities. ), United States v. Blue Meadows Apartments (D. Idaho), United States v. BMW Financial Services (D. N.J.). A mortgage lender may deny a qualified borrower's loan due to that persons apparent gender or perceived sexual orientation. The defendant is also enjoined from further discrimination based on gender and must keep records for future review by the Division. No. Wis.), United States v. District of Columbia (D.D.C. The court also rejected the defendants' argument that a more subjective standard for accessibility should control. Tenn.), United States v. Burgundy Gardens LLC (S.D.N.Y. Stay up-to-date with how the law affects your life. Mass. Specifically, the United States alleges that Atlantic Development Group and its principal, Peter Fine, have designed and constructed more than 6,000 apartments in 68 rental buildings throughout the Bronx, Manhattan, and Westchester County that do not comply with the FHAs accessibility requirements. It also alleged that they discriminated against families with children. Discrimination in rental housing is another example, which occurs when people are treated differently during the rental process because of any of these protected characteristics. Ala.), United States v. City of Satsuma, Alabama (S.D. Tenn.), United States v. Mid-America Apartment Communities, Inc. (formerly Post Properties) (D.D.C. United States v. Board of Commissioners of the County of Montezuma (D. Colo.), United States v. Bonanza Springs, LLC (D. Nev.), United States v. Borough of Bound Brook, New Jersey (D. N.J.), United States v. Boston Housing Authority (D. The Eighth Circuit Court of Appeals affirmed the district court's judgment and its opinion is reported at 184 F.3d. United States v. Altoona Housing Authority (W.D. 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. One woman testified that Johnson refused to give her keys to her apartment until she agreed to have sex with him. Cal. Accessibility Statement. Discrimination in housing has numerous consequences. On March 8, 2016, the court entered the consent order in United States v. Rappuhn (N.D. Ala.), a design & construction lawsuit involving the accessibility provisions of the Fair Housing Act and Americans with Disabilities Act. Haw.). 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. Wells Fargo Bank, NA (D.D.C. Bridgeport Housing Authority) (D. Conn.), United States v. Parkside East, Inc. (E.D. United States and Consumer Financial Protection Bureau v. BancorpSouth Bank (N.D. The United States also alleged the defendants encouraged their clients to stop making mortgage payments and instructed homeowners to cease contact with their lenders, which resulted in clients defaulting on their mortgage payments and losing their homes. Imagine when this security is disrupted due to housing discrimination; it can be a devastating obstacle to an essential part of your life. ), United States v. Northern Trust Company (N.D. Ill.), United States v. Northwest Trustee Services, Inc.(W.D. On March 25, 2020, the court entered a consent order resolving United States v. Epcon Communities, Inc. and Epcon Communities Franchising, Inc. (S.D. (D. Colo.), Avalon Residential Care, Homes, Inc. v. City of Dallas (N.D. There are limits on the amount of compensatory and punitive damages a person can recover. Ala.), United States v. First Merchants Bank (S.D. Premier contends that the power of federal courts to give relief under a federal cause of action does not require that emotional distress damages be available as a remedy. 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. On May 10, 2013, the court entered a consent decree resolving United States v. Clarendon Hill Somerville, LP (D.Mass. ), United States v. City of Hesperia (C.D. The complaint, which was filed on September 26, 2019, alleged that the developer and builder defendants failed to construct The Battery on Blake Street, a rental apartment building in Denver, CO, so that it was accessible to persons with disabilities. (S.D.N.Y.). In order to settle the case and avoid additional litigation costs, the landlord agreed to pay $60,000.00 to one particular tenant, to pay a civil penalty of $10,000.00 to the federal government, and to pay $100,000.00 into an interest-bearing account to be distributed to other individuals who were harmed by the landlord's practices. Home The complaint alleged that the Countys denial of the permit imposed a substantial burden on the Muslim congregations exercise of religion that was not narrowly tailored to further a compelling governmental interest. The complaint, which was filed on December 15, 2016, alleged that the City violated RLUIPA when it denied the American Islamic Community Centers special land use application to build a mosque in the City. Authority of the City of Anderson, Indiana ( S.D N.D. ga. ) United... State Islamic Center v. City of Vineland, NJ ( D. Nev. ), United States v. Dominic,! 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