), United States v. City of Boca Raton (S.D. The original HUD election complaint, filed on December 20, 2018, alleged that the defendant violated the Fair Housing Act on the basis of sex by subjecting two female HUD complainants to sexual harassment. 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. Fla.), a Fair Housing Act pattern or practice case developed by the Division's Fair Housing Testing Program. Pa.), United States v. Pine Properties Inc. (D. Tex. Co. (W.D. 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. The Unruh Civil Rights Act requires a minimum penalty of $4,000 for non-violent discrimination and $25,000 for violence or threat of violence. A court can award you interest on the injury to feelings and financial loss parts of your compensation. Facebook moved to dismiss, arguing, among other things, that the Communications Decency Act immunizes it from the FHA. Sadly, landlords and house owners causing potential tenants physical and emotional harm in housing discrimination cases is common. ), United States v. City of Pooler, GA (S.D. The consent decree will remain in effect for three (3) years. Va.), United States v. Old Kent Financial Corporation and Old Kent Bank (E.D. The statement of interest states that (1) Smith v. City of Jackson did not overrule, explicitly or implicitly, decades of Fair Housing Act disparate impact precedent, (2) disparate treatment claims do not require proof of ill intent, and (3) Equal Credit Opportunity Act claims do not require a denial of credit. Mich.), alleging that the City of Troy violated the substantial burden and equal terms provisions of the Religious Land Use and Institutionalized Persons Act (RLUIPA). Specifically, the complaint alleged that the Townships denial of a variance imposed a substantial burden on the Bensalem Masjids religious exercise, treated the Bensalem Masjid less favorably than the Township treated nonreligious assemblies, and discriminated against the Bensalem Masjid on the basis of religion. There are limits on the amount of compensatory and punitive damages a person can recover. ), United States v. East River HousingCorp. fn. Homeless legal advocacy: new challenges and directions for the future. Finally, we contended that the bank offered different promotional credit services to those who applied through the Spanish-language system from those commonly offered to other customers. Tex. Neb. L.J. Name 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. Ohio), United States v. Fifth Third Mortgage (M.D. The decree also established a five million dollar fund to compensate individual victims; over 1,600 households in the community received damages. Accessibility Statement. 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. 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. This article was initially published in Volume 30 of the Fordham Urban Law Journal and is republished with permission. 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. Mich.), United States v. Genesis Designer Homes (S.D. ), United States v. Wells Fargo Bank, N.A., d/b/a Wells Fargo Dealer Services, Inc. (C.D. In this case, plaintiffs allege that defendants' practice of permitting Nissan dealers to set finance charges at their discretion resulted in African-Americans paying higher finance charges, and that these higher charges could not be explained by non-discriminatory factors. 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. Cal. (E.D.N.Y. The settlement agreement requires the defendants to pay $52,500 in damages to the complainants, participate in Fair Housing Act training, adopt a reasonable modification and accommodation policy, and engage in reporting and record keeping for four years. Contact a qualified civil rights attorney to help you protect your rights. Ill.), United States v. Town of Maiden, NC (W.D.N.C. Mich.), United States v. Testa Family Enterprises (N.D. Ohio), United States v. Texas Champion Bank (S.D. (the individuals with disabilities who would have lived in the home intervened in the case through private counsel and settled separately). ), United States v. Southeastern Community and Family Services, Inc. (Wesley) (M.D.N.C. ), United States v. 505 Central Avenue Corp. Co., 218 F.3d 481, 486 (5th Cir. On September 1, 2017, the parties entered a settlement agreement in United States v. Bensalem Township (E.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. On April 12, 2007, the court approved and entered a consent decree resolving United States v. Fleetwood Capital Development, L.L.C. ), a Fair Housing Act case. United States v. Delta Funding Corporation (E.D.N.Y. ), United States v. Bouquet Builders, Inc. (D. Minn.), United States and Prach v. Bowen Property Management (E.D. United States v. Chandler Gardens Realty, Inc. (D. On November 23, 2017, the United States Attorneys Office entered into a. , which was filed on August 28, 2015, alleges that the owners and manager of an eight-unit apartment complex in Sioux Falls, South Dakota violated the Fair Housing Act on the basis of disability by refusing to allow a tenant to return from a nursing facility to his unit if he was using a wheelchair because it could damage the carpet. (C.D. The consent order has a three year term. ), United States v. Glenwood Management (S.D.N.Y. and Dev., Inc. (D. N.H.), United States v. Horoy, Inc. d/b/a Across Town Movers (S.D. The case was based on evidence developed by the Division's Fair Housing Testing Program. The statement of interest argues that the plaintiffs have alleged sufficient facts to support a claim of housing discrimination under the Fair Housing Act, and that Facebook does not have statutory immunity under the Communications Decency Act for the development of its data collection and advertising tools. ), 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. 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. On October 21, 2003, the court entered a consent decree resolving United States v. Pacific Northwest Electric (D. Idaho). The complaint alleges that the defendants engaged in a pattern or practice of sexually harassing female tenants at properties they own and operate in and around Minneapolis, Minnesota. The court rejected defendants' arguments that it is impractical to verify a vehicle owner's military status and ruled that, "even if the defendants exercised the utmost care in investigating their victims' military status, they face liability for their actions." On November 21, 2018, the United States filed an amended complaint in United States v. Pelfrey (W.D. ), Garden State Islamic Center v. City of Vineland, NJ (D. N.J.). As under FEHA, Unruh allows recovery of actual damages, emotional distress damages, and discretionary attorney fees. Defendants no longer own, lease or manage rental property; the consent order requires that they establish SCRA-compliant policies, procedures, and obtain training if they reenter that line of business. Fla.), United States v. City of Beaumont, Texas (E.D. The consent order provides for $42,250 in damages to the HUD complainant, as well as standard injunctive relief. By Josh Bowers. The complaint in this HUD election case, which was filed on October 13, 2016, alleges that the owner and manager of an apartment complex in New Brighton, Minnesota violated the Fair Housing Act by refusing to allow plaintiff-intervenor Jane Poeschel to keep an emotional assistance dog. In this case, USAA sought to enjoin PHRC's investigation of an individual's Fair Housing Act complaint. On August 26, 2019, the court entered a consent order resolving United States v. Hubbard Properties, Inc. et al. The United States also named 908 Bridge Cooperative, the corporate owner of the rental property where the harassment occurred, as a defendant in the lawsuit. ), United States v. Pacific Northwest Electric, Inc. (D. Idaho). The case was referred to the Division after the Department of Housing and Urban Development (HUD) received complaints, conducted an investigation, and issued a charge of discrimination. Md.). ), United States v. Quality Built Construction, Inc. These orders can require a . The case was referred to the Division after the Department of Housing and Urban Development (HUD) received a complaint from Metro Fair Housing, conducted an investigation, and issued a charge of discrimination. The court entered the consent decree on March 28, 2019. ), United States v. Townsend House Corp. On December 6, 2019, the court entered a consent order in United States v. TFT Galveston Portfolio LTD and James W. Gartrell, Jr. (S.D. On April 16, 2019, the Division and the U.S. Attorneys Office for the Eastern District of Texas filed a complaint and entered into a settlement agreement resolving United States v. City of Farmersville, Texas (E.D. The decree will remain in effect for three years. Under the FHA, in the sale and rental of housing, property owners, landlords, and financial institutions may not take any of the following actions (or inaction) based on race, color, national origin, religion, sex, familial status, or disability/handicap: Although this behavior is forbidden, housing discrimination occurs and is often unreported. Tex.). This is a Fair Housing Act pattern or practice/election case, which was referred to the Division by HUD and alleges discrimination on the basis of familial status. 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. 3d 472 (SDNY March 1, 2016). Search, Browse Law 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. Tenn.), United States v. National Properties Inc., NPI (E.D. The complainants contacted the Metropolitan Milwaukee Fair Housing Council (MMFHC), and they conducted testing that supported the allegations. 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. 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. Tex.). In its complaint, filed together with the agreement in U.S. District Court in Los Angeles on July 31, 2000, the Division alleged that Yoder-Shrader Management Company, a large apartment management company discriminated against apartment seekers on the basis of race and national origin, in violation of the Fair Housing Act. 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. As a result of the Justice Department's investigation, Homecomings has refunded MSgt Gomez's $9,144 prepayment penalty and has agreed to waive the prepayment penalties of servicemembers in the future who are transferred involuntarily to a base thirty miles or more from their current residence. (S.D.N.Y. Ga.), a Fair Housing Act pattern or practice case. Va.), United States v. Summerland Heights III, L.P (E.D. (E.D.N.Y. The Eighth Circuit Court of Appeals affirmed the district court's judgment and its opinion is reported at 184 F.3d. United States v. Garden Homes Management Corp. (D. N.J.), United States v. General Properties Company (E.D. Under the terms of the agreement, J & R Associates will establish a $70,000 settlement fund to compensate victims of the discriminatory practices. The complaint, filed on June 15, 1995, alleged that from 1986, the Village of Hatch, through its Mayor and Board of Trustees, has engaged in a course of municipal action intended to prevent permanent resident aliens of Mexican national origin from living in the Village. Iowa), United States v. Powers Properties (D. N.D.). of Nashville (M.D. Under the consent decree, the defendants must pay $50,000 to the group home operator, and $10,000 to the government as a civil penalty and submit to injunctive relief. 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. United States v. Prestonwood Properties (N.D. Cal. Housing Act by engaging in a pattern or practice of sexual harassment against tenants and housing applicants since at least 2005. Nonetheless, it is categorically prohibited in light of the broader ban on discrimination based on familial status. On March 6, 2019, the Division, together with the United States Attorneys Office, filed a proposed consent decree in United States v. California Auto Finance (C.D. Tenn.), United States v. Fountain View Apartments, Inc. (M.D. Centannis alleged conduct includes, among other things, demanding sexual favors like oral sex to get or keep housing, offering housing benefits like reduced rent in exchange for sexual favors, touching tenants and applicants in a way that was sexual and unwelcome, making unwelcome sexual comments and advances to tenants and applicants, and initiating or threatening to initiate eviction actions against tenants who objected to or refused his sexual advances. Cal. violated the Fair Housing Act on the basis of disability by failing to design and construct the Sutton Manor condominium building in Mount Kisco, New York with the accessibility features required by the Act. One woman testified that Johnson refused to give her keys to her apartment until she agreed to have sex with him. Pa.), United States v. Twin Oaks Mobile Home Park, Inc. (W.D. On April 11, 2018, the United States entered into a settlement agreement resolving United States v. Belshaw (C.D. Defendants will also pay a civil penalty of $62,029 to the United States. The case was remanded to the District Court. On August 2, 2019, the court entered a consent decree resolving United States v. Shur-Way Moving and Cartage (N.D. Ill.). On December 27, 2012, the court entered a consent order in United States v. French (E.D. According to housing discrimination attorneys, the best way to gather evidence for a case with state or local fair housing officials or HUD is to actively listen to landlords, agents, brokers, and lenders, take notes, and look for red flags. On or about December 17, 2001, the complainant met with defendant Guy Emery and viewed the apartment. 1999). 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. even for an emotional support animal" . Racial discrimination in housing is not only morally wrong, but it also perpetuates socioeconomic disparities between racial groups. On May 24, 2017, the court entered a final partial consent decree in United States v. Albanese Organization, Inc. Haw.). Makinen v. City of New York, 167 F. Supp. United States v. Autumn Ridge Condominium Association, Inc. (N.D. Infliction of emotional distress is a tort, which is an action (or inaction) someone takes that injures someone else. Nevertheless, housing discrimination remains persistent and Title VIII is a mere stopgap measure for a social issue that seems intractable. ), United States v. City of Hanford (E.D. The case was referred to the Division by the Department of Housing and Urban Development (HUD) after HUD investigated complaints it had received from the Intermountain Fair Housing Council ("IFHC"). Pa.), States v. NALS Apartment Homes, LLC (D. Utah), United States v. Nara Bank and Union Auto Sales (C.D. Haw. 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 dream of ending discrimination in housing, which many hoped would provide the vehicle for integrating neighborhoods, schools, and eventually the nation's consciousness, has been largely unrealized. The complaint, filed on July 29, 2019, alleged that Shur-Way violated the Servicemembers Civil Relief Act (SCRA), 50 U.S.C. Texas Department of Housing and Community Affairs v. The Inclusive Communities Project, Inc. Complaint For Employment or Workplace Discrimination and Sexual Harassment, Housing Discrimination: U.S. Supreme Court Cases, Set different terms, conditions, or privileges for the sale or rental of a dwelling, Provide different housing services or facilities, Falsely deny that housing is available for inspection, sale, or rental, For profit, persuade owners to sell, or rent (blockbusting) or. Cason v. Nissan Motor Acceptance Corporation (M.D. The court did not make an individualized determination of plaintiffs' damages. > 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. United States v. Occoquan Forest Drive, LLC (E.D. Md.). as defendants. Learn more about FindLaws newsletters, including our terms of use and privacy policy. 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. 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. The 1993 zoning ordinance effectively prohibits all mobile homes not located within a lawful mobile home park, and severely limits the areas within the Village where mobile home parks are allowed. (S.D.N.Y. 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 September 19, 2019, the United States file a complaint in United States v. the City of Troy, Michigan (E.D. Faculty Scholarship On April 1, 2005, the court entered a consent order resolving United States v. B&S Properties of St. Bernard, L.L.C. ), an FHA design and construction case involving multiple properties in numerous states. 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. U.S. Department of Housing and Urban Development 451 7th Street, S.W., Washington, DC 20410 T: 202-708-1112 What are some of the consequences of housing discrimination? The complaint, which was filed on February 22, 2018, alleged that the defendant university discriminated on the basis of disability when itrefused to make a reasonable accommodation to allow a university employee who lived on campus to keep her emotional support animal in her university-owned apartment. 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. As of the date of the stipulation the principal of the firm is deceased and the firm is an inactive entity. ), United States v. Santander Consumer USA Inc. (N.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. Ohio), United States v. Nationwide Nevada (D. Nev.), United States v. Nejam Properties (S.D. 405, Census Data Information, Subject Characteristic, at http://fact finder.census.gov/servlet/MetadataBrowserServlet?type=subject&id=RACESF1& dsspName=DEC_2000_SF1&back=update&jlang=EN (last visited Mar, MetadataBrowserServlet?type=subject&id=RACESF1& dsspName=DEC_2000_SF1&back=update&jlang=EN (last visited Mar, The Census Bureau used "Revisions to the Standards for the Classification of Federal Data on Race and Ethnicity, COMM'N ON RACIAL & ETHNIC DIVERSITY IN THE PROFESSION, supra note 305, By clicking accept or continuing to use the site, you agree to the terms outlined in our. ), Mt. v. Moline Builders, et al. The United States Statement of Interest argues that the facts alleged by the Ramapough state substantial burden and unequal treatment claims under RLUIPA. Mass. United States v. Silverstein Properties, Inc. The consent decree requires defendants to pay $11,000 in damages to the estate of the complainant. ), United States v. City of Santa Rosa (N.D. ), alleging a pattern or practice of sexual harassment in violation of the Fair Housing Act. See Seaton v. Sky Realty Co., 491 F.2d 634, 636-38 (7th Cir. The plaintiffs appealed to the United States Court of Appeals for the Ninth Circuit, and the Civil Rights Division filed an amicus brief on November 7, 2008, arguing that the claims of the children should have gone to the jury, and the judge should have allowed the jury to decide whether to award punitive damages. La.). The complaint alleges that the Town violated the Fair Housing Act by refusing to grant the request for a reasonable accommodation or reasonable modification by a homeowner, who sought a zoning variance to build a carport on her property because of her disability. The complaint further alleged that, in 1994, the Village, pursuant to the State of Illinois Tax Increment Allocation Redevelopment Act, Section 65 ILCS/11-74.4-3, created two redevelopment districts, the Army Trail/Mill Road and Michael Lane Tax Increment Financing districts (the "TIF districts"), as the means to accomplish these ends. The case was jointly handled with the United States Attorneys Office. The complaint, filed February 19, 2003, alleged that Beaudet subjected female tenants to severe, pervasive, and unwelcome sexual harassment. Ill.)). This case was originally referred to the Division by the Kansas Human Rights Commission (KHRC). 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. -BUT- If the proceeds you receive for emotional distress or mental anguish do not originate from a personal physical injury or physical sickness, you must include them in your income. La.). The United States notes that the Supreme Court in 1981 held that a university could not discriminate against student groups and speakers based on their desire to use a generally open forum to engage in religious worship and discussion, and that later cases make clear this applies to other types of forums opened up by governments. The complainants filed a lawsuit in this matter in March, 2004. SUBJECT: Enforcement Guidance: Compensatory and Punitive Damages Available under 102 of the Civil Rights Act of 1991. The consent decree requires the defendants: to retrofit the complexes by, among other things: removing steps; reconfiguring kitchens and bathrooms to provide added maneuvering space; widening doorways; leveling sidewalks; and adding accessible parking and curb ramps at an estimated cost of approximately $300,000. Fla.). On July 29, 2002, the court entered a consent order resolving United States v. Madsen (D. Idaho), a Fair Housing Act election case. On January 7, 2020, the court entered a consent order in United States v. Creekside Condominium Owners Assn (D. Colo.). Genesis Designer Homes ( S.D immunizes it from the FHA court 's judgment its. Garden State Islamic Center v. City of Troy, Michigan ( E.D in Volume 30 of date! Statement of interest argues that the Communications Decency Act immunizes it from the FHA 11, 2018, court... Through private counsel and settled separately ) Colo. ) harassment against tenants and Housing applicants since least. Assn ( D. 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