Statements by Village officials indicate that a purpose of the 1990 and 1993 zoning ordinances was to remove permanent resident aliens of Mexican national origin from the Village, and to help insure that such persons would not reside in the Village in the future. Haw.). On June 14, 2016, the court entered the consent decree in United States v. Brinson (D. Nev.), a Fair Housing Act election referral alleging a pattern or practice of familial status discrimination. The Departments complaint also alleges that First Merchants adopted a residential mortgage lending policy that had the effect of denying residents of predominantly African-American neighborhoods equal access to credit in violation of federal law. The agreement further requires Southwind Village to take steps to ensure that African Americans are no longer restricted from renting recreational vehicle lots at Southwind Village Mobile Home Park, located at 1269 River Road in North Fort Myers, and to provide periodic reports to the government. Please read the cases before citing . > eral housing discrimination cases, 9 . On October 27, 2010, the Division participated in oral argument as amicus in Gordon v. Pete's Auto Service of Denbigh, Inc. (4th Cir. Tex. Wis.), United States and Dunfee v. Lund (W.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. The consent order also calls for injunctive relief, including training, a nondiscrimination policy, record keeping and monitoring. It also alleged that the Housing Authority failed to meet its communitys need for accessible units many years after federal regulations and a voluntary compliance agreement with HUD required it to do so. Ill.). On April 5, 2004, the court entered a consent decree resolving United States v. Carter (M.D. Tex. On October 27, 2017, the jury returned a verdict of $43,500 in favor of the United States in United States v. DeRaffele (D. 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. Rivers & Associates, Inc., the architectural firm that designed the complex, must: (1) pay a $5,000 civil penalty; (2) donate 100-hours of technical assistance to non-profit organizations that serve the housing needs of persons with disabilities in the Greenville community; and (3) contribute to any amount paid to compensate aggrieved persons by Aldridge & Southerland. Mo. On March 20, 2017, the court entered a default judgment against defendants, Anthony James, Christopher Terrill James and Kisha James in United States v. Encore Management Co. (S.D. ), United States v. Glenwood Management Corp. Under the terms of the consent order the defendants are required to pay up to $165,000 to compensate victims and $20,000 in civil penalties to the United States. The consent decree requires the defendants to pay $16,000 to the HUD complainant, continue to allow him to keep an emotional support animal, waive all claims against him for attorneys fees, create a new reasonable accommodations policy, obtain fair housing training and be subjected to various reporting and recordkeeping requirements. ), United States v. Perlick Family Trust (E.D. ), United States v. Star Management Corp. (D. (M.D. This harm can come in many forms. ), a case brought under the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA). With the United States Supreme Court's condemnation of legal segregation in Brown v. Board of Education in 1954, and a vigorous civil rights movement that led to the passage of the 1964 Civil Rights Act, the nation entered the beginning of a new era in race relations. The court keeps the churchs requests for damages and declaratory relief, however, and orders that the private parties work the issue of damages out amongst themselves. Discrimination of any sort is simply unacceptable, and as evidenced by Jennifer's case, can have devastating consequences. 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. A prior partial consent decree, entered on February 13, 2017, resolved allegations against the developers of the property and provided for standard injunctive relief, compliance surveys for two additional properties developed by the defendants, retrofits of non-compliant features, payments of $175,000-$500,000 to aggrieved persons, and a $45,000 civil penalty. United States v. Centier Bank (N.D. The complaint, which was filed on January 5, 2017, alleged the designers and developers of One River Place and Silver Towers in New York City violated the Fair Housing Act by failing to design and construct these properties so as to be accessible to persons with disabilities. Discrimination in housing is the illegal practice of treating people differently based on their protected class when renting, selling, financing, or advertising housing. The complaint, filed on October 12, 2017, alleged that the defendants, Fairfax Manor Group, LLC d/b/a Fairfax Manor Townhomes, Cannon, Austin & Cannon, Inc., Nelson Cannon, and Sam Kraker, denied the complainants requests for a reasonable modification to remove a concrete parking bumper and a reasonable accommodation of two assigned parking spaces. March 31, 2019), a sexual harassment/retaliation case, the court - in addition to denying defendant's motion for judgment as a matter of law on plaintiff's retaliation claim - next evaluated the jury's damage awards to plaintiff ($750,000 in emotional distress damages, $500,000 in punitive damages). 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. At trial, the jury returned a verdict finding that Zellpac and Emery had violated the disability provision's of the Fair Housing Act. On March 1, 2017, the court entered a consent order in United States v. City of Sterling Heights (E.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. Often, discrimination stems from fear and misunderstanding. Neb. On January 18, 2005, the court entered a consent decree in United States & Bitton v. Altmayer (N.D. Ill.). 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. Ashford County Housing Authority (M.D. The federal fair housing laws became effective in 1968. ), United States v. Kenna Homes Cooperative Corporation (S.D. On November 21, 2018, the United States filed an amended complaint in United States v. Pelfrey (W.D. ), United States v. Pecan Terrace (W.D. Cal. Tenants (current and prospective) have several ways to fight unlawful discriminationincluding negotiating a settlement with a landlord (perhaps with a mediator's help) and filing a complaint with a government fair housing agency that may result in a conciliation agreement between landlord and tenant. The consent decree provides for a non-discrimination injunction; revisions to defendants' rental policies and practices; posting of non-discrimination notices; training; record keeping and reporting; payment of $39,000 in damages and attorney's fees to the intervening private plaintiffs; and payment of an $11,000 civil penalty. Specifically, United Communities was requiring servicemembers who terminated their leases early following receipt of Permanent Change of Station or deployment orders to repay rent concessions they had received for prior months. Housing and Urban Development. On February 10, 1998, the court entered a consent decree resolving United States v. Village of Addison (N.D. Ill.). ), United States v. City of San Jacinto (C.D. Ga.), United States v. Wallace III (S.D. A separate settlement resolving a similar lawsuit brought by the AICC against the city has also been submitted to the court for approval. Mich.), United States v. Empirian Property Management, Inc. (D. Cal. Ala.). ), United States v. 61 Main Street Corp. Cal. On May 4, 2015, the court entered a consent orderresolving United States v. J & R Associates (D. The jury awarded $5,000 in compensatory damages, $3,000 in punitive damages against Defendant Emery, and $7,000 in punitive damages against Defendant Zellpac, Inc. On February 27, 2006, the United States filed an Opposition to Defendant Zellpac's Inc.'s Motion For Partial Judgment. Civil Rights and Discrimination | Constitutional Law | Law. On October 21, 2003, the court entered a consent decree resolving United States v. Pacific Northwest Electric (D. Idaho). Ind. (E.D. ), United States v. The Home Loan Auditors (N.D. The Defendant Emery responded "so sue me." Ill.), United States v. Village of Walthill, NE (D. The complaint alleges that Joseph Centanni, the owner and manager of rental properties in and around Elizabeth, New Jersey, violated the Fair The judge also refused to let the jury consider whether to grant punitive damages. Cal. There are limits on the amount of compensatory and punitive damages a person can recover. 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. On July 29, 2002, the court entered a consent order resolving United States v. Madsen (D. Idaho), a Fair Housing Act election case. Wis.). On July 18, 2017, the United States Attorneys Office entered into a settlement agreement in United States v. Trump Village Section IV Inc. This case was originally referred to the Division by the Kansas Human Rights Commission (KHRC). The complaint, filed on April 19, 2011, alleged the defendants failed to design and construct nine multifamily properties in Mississippi, Louisiana, and Tennessee in compliance with the Fair Housing Act and the Americans with Disabilities Act. On October 6, 2021, the court entered a consent order in United States v. Md. United States v. Bensalem Township (E.D. My Account | United States v. Tunica County School District (N.D. Under the terms of the agreement, J & R Associates will establish a $70,000 settlement fund to compensate victims of the discriminatory practices. According to the complaint, Goitia made repeated and unwelcome sexual comments, touched the tenants body without her consent on multiple occasions, and retaliated against the tenant for filing a fair housing complaint. The settlement agreement provides a total of $40,000 to the three families and a $10,000 civil penalty. Co. (W.D. In September 2018, the Ramapough Mountain Indians, a Native American tribe, moved to file an amended complaint (Complaint) alleging RLUIPA claims against the Township of Mahwah, NJ (Township). The case was based on evidence developed by the Division's Fair Housing Testing Program. The United States Navy referred this matter to the Department of Justice. Pa.), States v. NALS Apartment Homes, LLC (D. Utah), United States v. Nara Bank and Union Auto Sales (C.D. United States v. Autumn Ridge Condominium Association, Inc. (N.D. Pa.). The complaint, filed February 19, 2003, alleged that Beaudet subjected female tenants to severe, pervasive, and unwelcome sexual harassment. On April 12, 2018, the United States entered into a settlement agreement resolving United States v. Riexinger(E.D. Comments. 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. Mass.). On December 2, 2004, the court entered a consent decree resolving United States v. Beaudet (D. Minn.) The Defendant, David R. Beaudet, has owned and managed numerous single-family rental homes throughout St. Paul since 1990. 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. 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. This implies that proving the existence of discriminatory behavior against a protected class will be a difficult task. However, the judge refused to let the claims of the plaintiff's two sons and grandson go to the jury. In addition to prohibiting future discrimination, the consent order requires the defendants to modify its admission and ID checking policies, train employees, advertise its new procedures and nondiscrimination policies in English and Spanish, and document its compliance efforts. Conrad A. Johnson, Colombia University School of Law, housing, emotional harm, discrimination, civil rights. Compounding the problem is the . Both are considered taxable "income" by the IRS. The consent decree will remain it effect for seven years. ), United States v. Nationwide Mutual Insurance Co. (S.D. 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 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. Neb.). The amended complaint further alleges that the Citys discrimination against African American and Latino renters violates Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from discriminating on the basis of race, color or national origin. Cal. United States v. City of Sterling Heights, On March 20, 2017, the court entered a default, alleged that the owner, property management company, district manager, and maintenance employee of a 56-unit apartment building located in. United States v. Jacksonville Housing Authority and City of Jacksonville (M.D. 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. 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. (S.D.N.Y. Respondent Danielian will conduct annual in-house training for a period of three years to its employees involved in the design of multi-family dwellings. The court also stated that federal banking law does not preempt state antidiscrimination laws that require banks to follow the same requirements as federal fair lending law. FROM $25,000 TO $95,000 . Mass. The Complainant filed a claim of discrimination with the City of Madison Department of Civil Rights on August 28, 2015, which she then amended on March 23, 2016 and July 6, 2016. The Division alleged that she was suffering from anxiety and depression, caused by being mobility-impaired due to the cancer. United States v. Pacific Properties and Dev. The defendants will also undergo fair-housing training, and comply with record-keeping and reporting requirements. ), 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. The defendant is also enjoined from further discrimination based on gender and must keep records for future review by the Division. Pa.), United States v. Breckenridge Plaza (E.D. On September 30, the United States filed a pattern or practice complaint in United States v. Albert C. Kobayashi, Inc., et al. 358, 359- 360, 375 & fn. The city has also agreed to publicize its non-discrimination policies and practices, undergo training on the requirements of RLUIPA, and report periodically to the Justice Department. Under the terms of the consent order, the defendants will pay a $100,000 civil penalty, $60,000 in damages to victims, and $10,000 to fund community-wide training for tenants and landlords regarding the Fair Housing Act. (E.D. The complaint alleged that the City violated the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA) when, in July 2017, it denied an application by the Islamic Association of Collin County (Islamic Association) to build a cemetery. United States v. Homestead Bldg. 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. Cal. ), United States v. Housing Authority of the City of Anderson, Indiana (S.D. On March 14, 2001, the United States entered into a settlement agreement with Trop-Edmond, L.P.; Trail Properties, Inc.; and Danielian Associates (respondents), thereby resolving the United States' claims that respondents discriminated on the basis of disability by failing to design and construct units at West Trop Condominiums in Las Vegas, Nevada, to make them accessible to persons with disabilities. Wash.). On August 13, 1997, the United States filed a complaint and the court entered a consent decreein United States v. Albank (N.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. 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. L.J. The complaint was filed on March 21, 2018 and alleges that the defendants, who own and manage rental properties in Cincinnati, Ohio, violated the Fair Housing Act by engaging in a pattern or practice of sexual harassment against female tenants and coercing, intimidating, threatening, or interfering with tenants in the exercise of their fair housing rights. Under the terms of the agreement, the company will pay a total of $226,000, including, $151,000 to the Fair Housing Council of Orange County, whose complaint led to the initiation of the litigation; at least $65,000 to install children's play equipment at six of their apartment complexes; and, $10,000 in civil penalties. Pa.), United States v. City of Joliet (N.D. Ill.), United States v. City of Lake Station (N.D. (E.D.N.Y. If your case involves less than $7,000, you can file a small claims case. ), United States v. Lawrence Properties, Inc. (M.D. The amendment capped the sum of compensatory and punitive damage awards for intentional discrimination according to a sliding scale up to $300,000. 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. The City will also pay $25,000 to Disability Rights Texas, the organization that represented the three individuals who filed the HUD complaints and intervened in the United States' lawsuit.In addition, the City consented to injunctive relief, including ceasing enforcement of its spacing requirements and overly restrictive fire code regulations, implementing a comprehensive reasonable accommodation policy, requiring its officials to attend fair housing training, and appointing a fair housing compliance officer. The Village shall implement a comprehensive Redevelopment Plan for affordable, multi-family, owner-occupied housing. Menu The defendants also agreed to pay $20,000 to aggrieved persons identified by the United States. ), United States v. The Valley Club of Huntingdon Valley (E.D. The court subsequently denied summary judgment for the defendants, and the case is currently on appeal regarding class certification. A federal court jury in San Diego, California found that the defendants employee, a condominium security guard, had sexually harassed the plaintiff. ), United States v. Fidelity Federal Bank (E.D.N.Y. ), Southwest Key Programs, Inc. v. City of Escondido (S.D. Tex.). Any funds remaining after all claims have been paid will be used for consumer education in Hispanic communities. United States v. City of Blakely Housing Authority (M.D. ), Texas Department of Housing and Community Affairs v. The Inclusive Communities Project, Inc. (S. Ct.), Settlement Agreement U.S. and Tiberti-Blood, Inc., John David Burke, L.R. The complaint also alleged that the defendants retaliated by issuing a notice to vacate and by filing an eviction action after complainants filed a fair housing complaint. The consent decree will remain in effect for two years and three months. The defendants must also offer to pay current owners to correct certain inaccessible features within condominium units, including those found in bathrooms and kitchens. Contact a qualified civil rights attorney to help you protect your rights. In August 2018, Cummings sued Premier Rehab, but sought damages only for her "emotional distress.". (D. Accessibility Statement. ), United States v. Zellpac Inc. (S.D. Ohio), the terms of which include $175,000 in monetary damages for 20 aggrieved women, a $2,500 civil penalty, and comprehensive injunctive relief. As part of the agreement, Bensalem Township, Pennsylvania will permit the Bensalem Masjid, a Muslim nonprofit religious organization, to use its property for the purpose of building a mosque. The consent order requires defendant to allow the complainant to keep an assistance dog for as long as he lives at the premises, dismiss its holdover proceedings action against him and obtain training and adopt a reasonable accommodations policy. ), United States v. Father & Son Moving & Storage (D. Fla.), United States v. Cedar Builders, Inc. (E.D. The Equal Opportunity Office and Office of Special Investigations at McConnell Air Force Base and KHRC assisted with the Division's investigation. 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. (S.D.N.Y.). The decree required the defendants to provide fair housing training for their employees and publicize a non-discrimination housing policy at their apartment complexes and revise the tenant rules and regulations affecting families with children. 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