Mass. All rights reserved. 4. The original complaint, filed on September 27, 2018, alleged that John or Jane Doe, executor of the Estate of Walter Pelfrey; Rosemarie Pelfrey, as trustee of the Rosemarie Pelfrey Revocable Trust, and as trustee of the W. Ray Pelfrey Revocable Trust; Pelfrey Investment Company, LLC; and Omega Enterprises, LLC (collectively Defendants) violated the Fair Housing Act because Walter Ray Pelfrey, who managed dozens of residential properties owned by the Defendants, engaged in a pattern or practice of sexual harassment against female tenants and prospective tenants. Wash.). Ill.), United States v. First United Bank (N.D. On November 28, 2017, the United States Attorneys Office entered into a. which was filed on November 10, 2016, allegedthat the Housing Authority violated the Fair Housing Act on the basis of disability by refusing to grant the HUD complainants request for a reasonable accommodation to be transferred to a different unit because of her disability. ), United States v. Midwest BankCentre (E.D. Iowa), United States v. Murphy Development, LLC (M.D. 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. Contact us. ), United States v. First United Security Bank (S.D. Wis.), United States v. Southwind Village, LLC (M.D. The defendants filed a motion for summary judgment on the grounds that reverse redlining does not violate either law because they have provided credit to African Americans, and on the same terms that they would provide to whites. The court did not make an individualized determination of plaintiffs' damages. On May 15, 2013, the court entered a partial consent order with the nine architects and civil engineers. The consent order has a term of three years. Pa.), United States v. Stonecleave Village Ass'n, Inc. (D. La.). Auth. Pa.), United States v. Luther Burbank Savings (C.D. ), United States v. Southport Bank (E.D. Pa.), United States v. American Family Mutual Insurance (E.D. ), United States v. City of Parma (N.D. Ohio), United States v. City of Payette, Idaho (D. Idaho), United States v. City of Petal (S.D. Fla.), United States v. Foxcroft Partnership (N.D. Ill.), United States v. Fox Point at Redstone Ass'n, Inc. (D. Utah), United States v. Freeway Club (N.D. Ala.). ), 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. Ala.). Cal. 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. 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. Discrimination of this kind can also lead to segregation and concentrated poverty, harming entire communities. filed on October 12, 2017, alleged that the defendants denied the complainants requests for a reasonable modification to remove a concrete parking bumper and a reasonable accommodation of two assigned parking spaces. Emotional Harm in Housing Discrimination Cases: A New Look at a Lingering Problem, Ill.). This policy was corroborated by the New Hampshire Legal Assistance Fair Housing Project. The complaint, which was filed on January 18, 2017, against the designers and developers of The Verdesian, an apartment building in New York City, alleged that the defendants violated the Fair Housing Act by failing to design and construct The Verdesian so as to be accessible to persons with disabilities. 1143 On May 10, 2013, the court entered a consent decree resolving United States v. Clarendon Hill Somerville, LP (D.Mass. On October 27, 2010, the Division participated in oral argument as amicus in Gordon v. Pete's Auto Service of Denbigh, Inc. (4th Cir. Mo. On September 8, 2004, the court entered a consent order resolving Trujillo v. Board of Directors of Triumvera Tower Condominium Association (N.D. Ill.). Tenn.). 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. Home The Civil Rights Division and the U.S. Attorneys Office for the Western District of Oklahoma are handling this case jointly. United States v. City of Agawam (D. (C.D. Okla.), a Fair Housing Act HUD election case that alleged discrimination based on disability. 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. and Dev., Inc. (D. N.H.), United States v. Horoy, Inc. d/b/a Across Town Movers (S.D. Tex.). (S.D.N.Y. This practice can manifest itself in a variety of ways. The complaint, filed on July 10, 2015, alleged that the property owners violated the Fair Housing Act by placing a series of written advertisements that indicated a preference against renting to families with children, and denying the family with children--who responded to one of the advertisement-- the opportunity to rent a single-family home. Enterprises, Inc. ("Aristocrat") (E.D. Tex.). Va.), United States v. C.F. The more egregious the discrimination and more severe the losses suffered by the victim, the greater the value of the case could be. Tex. (S.D.N.Y. Available at: https://ir.lawnet.fordham.edu/ulj/vol30/iss3/17. On May 4, 2015, the court entered a consent orderresolving United States v. J & R Associates (D. ), a Fair Housing Act election case. In their complaint, the plaintiffs claim that Capital City's lending practices violated several federal laws, including the Fair Housing and the Equal Credit Opportunity Acts by engaging in a pattern or practice of targeting African American communities, a practice known as "reverse redlining," for abusive or predatory lending practices. Fordham Urb. Faculty Publications 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. The properties are Rockwood Apartments in Bear, Delaware; Bethany Bay Resort Community in Sussex County, Delaware; and West Creek Village in Elkton, Maryland. ), United States v. City of Waukegan (N.D. Ill.), United States v. City of Waukegan, Ill. (N.D. Ill.), United States v. City of Wildwood (D. N.J.), United States v. City Rescue Mission (W.D. The complainants filed a lawsuit in this matter in March, 2004. The Court reasoned that CFC has a likelihood of success to prevail on the merits of its RLUIPA equal terms claim because the ordinance treats religious assemblies less well than secular assemblies and the interests articulated by the Village are not compelling to justify unequal treatment. If you think that you have been denied fair housing rights, then take the initiative and talk to a civil rights attorney about your situation. 2. Under the terms of the agreement, J & R Associates will establish a $70,000 settlement fund to compensate victims of the discriminatory practices. Worse yet, age discrimination is not explicitly forbidden by the Fair Housing Acts federal law. The record states two claims for retaliation, one for the refusal to renew the Complainant's lease and one for the giving of poor, untrue housing references. It is past time to act for everyone to live in safety. The Fair Housing Act is enforced by the Department of Housing and Urban Development (HUD). Cal. The settlement agreement requires Citi to pay $907,000 in compensation to the servicemembers whose cars were illegally repossessed and to remove the repossessions from the servicemembers credit reports. (E.D.N.Y. On September 28, 2020, the United States filed a complaint in United States v. United Tows, LLC (N.D. Md.). Terms of use | Among other relief, the defendants also will adopt reasonable accommodation policies and will provide annual training regarding the Fair Housing Act and reasonable accommodation policies to all current and future employees and agents. ), a HUD election/pattern or practice case. This case was referred to the Division by HUD as a pattern or practice case. 12183(a)(1). In this pattern or practice case under the Fair Housing Act, the Division alleged that the defendant municipality discriminated against Unity House, a "sober home" providing a supportive environment for recovering alcoholics and drug users, by denying it a permit to house up to nine residents. The consent order provides for $40,000 in damages to the complainant, as well as standard injunctive relief, including mandatory training and the implementation of a reasonable accommodation policy. The HUD complainants intervened in the case. ), a Fair Housing Act pattern-or-practice/election case. 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. The statement of interest argued that preemption does not apply because the Fair Housing Act specifically provides for state agencies to investigate housing discrimination complaints when they are certified by HUD as having laws and enforcement procedures that are substantially equivalent to the federal law. ), United States v. Goitia et al (S.D. 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. Tex.). Cal. Cal. 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. (M.D. United States v. Univ. Tenn.), Metropolitan St. Louis Equal Housing Opportunity Council v. Gundacker Real Estate, Co. (E.D. ), United States v. City of Saraland, Alabama and Saraland Board of Adjustment (S.D. For employers with 101-200 employees, the limit is $100,000. Search, Browse Law ), Baltimore Neighborhoods, Inc. v. Rommel Builders, Inc. (D. 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. The case was primarily handled by the United States Attorneys Office. ), United States v. Fort Norfolk Retirement Community, Inc., d/b/a Harbor's Edge (E.D. Ohio), United States v. Citizens Republic Bancorp, Inc. and Citizens Bank (E.D. United States v. Garden Homes Management Corp. (D. N.J.), United States v. General Properties Company (E.D. Discrimination of this type can take the form of refusing to rent or sell to someone based on their national origin, or imposing different terms or conditions on people of different nationalities. 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. The agreement requires accessibility improvements to the apartment units and the complexes' common areas. 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. Tex.). Employment Discrimination Settlement Tax Treatment. The defendant is also enjoined from further discrimination based on gender and must keep records for future review by the Division. (S.D.N.Y.). 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. ), United States v. Dyersburg Apartments, Ltd. (W.D. The complaint alleges that Facebooks classification of its users and its ad targeting tools permit landlords, developers, and housing service providers to limit the audience for their ads based on sex, religion, familial status, and national origin in violation of the FHA. Fla.). 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 . of Nashville (M.D. Facebook moved to dismiss, arguing, among other things, that the Communications Decency Act immunizes it from the FHA. On June 13, 2019, the United States filed the complaint and proposed settlement. Tex. As alleged, the individual defendants and their defunct companies The Home Loan Auditors LLC, Century Law Center LLC, SOE Assistance Center Inc. told homeowners that forensic home loan audits were essential for loan modifications, when the audits had no impact on the loan modification process and provided no financial benefit. 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. Cal. ), United States v. City of Lilburn (N.D. Ga.), United States v. City of Lomita (C.D. Mich.), Jagannath Organization for Global Awareness, Inc. v. Howard County, Maryland (D. . (C.D. The Division argued in the Statement of Interest that CFC is likely to prevail on the merits of its RLUIPA equal term claim, and that the Villages justifications for barring churches from the C-1 district are not valid bases under RLUIPA to treat churches less favorably than similarly situated secular assemblies. The complaint alleged that the City had previously certified that this use was consistent with the Citys zoning code, but the City reversed itself in response to intense community pressure based on stereotypes about prospective residents with disabilities. Specifically, the complaint alleged the owners and managers of the Foster Apartments, either turned away black testers or steered them to an apartment building in a black neighborhood while encouraging whites to rent their other properties. Tenn.), United States v. Fountain View Apartments, Inc. (M.D. Miss.). United States v. Pittsfield Charter Township (E.D. Discrimination of this kind is not only unjust in principle, but it often forces families to relocate to a less desirable neighborhood, sacrifice school access, or pay higher costs to protect their children from the dangers of lower-quality housing options. Mich.), United States v. Empirian Property Management, Inc. (D. The complaint, which was filed on September 28, 2016, alleged that the owner and operator of the Houston-based sports bar 360 Midtown (formerly d/b/a Gaslamp) implemented discriminatory admission practices to discourage and/or deny African American, Hispanic and Asian-American prospective patrons entrance. 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. The complaint, which was filed silumtaneously with the consent order on September 28, 2007, alleged a pattern or practice of discrimination and a denial of rights to a group of persons on the basis of familial status in violation of the Fair Housing Actby the owners and management of Phoenix Village Apartments, located in Fort Smith, Arkansas. The complaint seeks injunctive and declaratory relief. 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. The Civil Rights Division intervened and filed a brief arguing that Congress had power to pass the legislation under both the Commerce Clause and the Fourteenth Amendment to the Constitution. On April 28, 2011, the United States filed a statement of interest in support of the Pennsylvania Human Relations Commission (PHRC). 2000). Consumer Financial Protection Bureau & United States v. Hudson City Savings Bank, F.S.B. ), United States v. City of Jacksonville (M.D. Va.), United States v. Dawn Construction, Inc. One area that was not included in this initial congressional effort, but later found its way into the legislative agenda, was the subject of housing discrimination. In addition, the agreement requires credit repair, policy charges and monitoring for SCRA compliance. ), alleging a pattern or practice of sexual harassment in violation of the Fair Housing Act. Concerning Discrimination Cases. The modification agreement covers three additional properties in Las Vegas, Nevada, and includes provisions requiring Pulte to annually notify current owners, for a period of three years, of their option to have Pulte retrofit their units at no expense to them in order to bring them in compliance with the Act, as well as to report to the United States the names and addresses of those persons who elect to have their units retrofitted. Proving emotional distress requires the plaintiff to show "specific evidence of actual harm." Williams v. Trader Pub. La.). ), United States v. Dovenberg Investments (W.D. On July 17, 1995, the United States resolved this case with a consent decree, which required the company to pay $14.5 million in damages to compensate the victims of the company's discriminatory policies. In Part III, this Article examines the cycles of ignorance that have contributed to an under-valuation of emotional harm in housing discrimination litigation. (D.D.C.). 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