On October 16, 2019, the United States Attorneys Office for the Southern District of New York filed a complaint in United States v. Atlantic Development Group, LLC (S.D.N.Y. The ADA requires landlords to make reasonable accommodations for tenants with mental or physical disabilities, not to refuse them, or treat tenants with disabilities differently. The settlement agreement requires the defendants to pay up to $1,490,000 to compensate 127 servicemembers who had unlawful default judgments entered against them and $34,920 to compensate 10 servicemembers who were charged early lease termination fees in violation of the SCRA. ), United States v. Chad David Ables, d/b/a Pops Cove (W.D. It can take many forms and is common when people from various vulnerable populations are looking for a place to live. On October 25, 2019, the United States with the United States Attorneys Office filed an amended complaint in United States v. Advocate Law Groups of Florida, P.A. ), United States v. Shanrie Company, Inc.(S.D. In a separate settlement the City agreed to pay $400,000 to Ability Housing and $25,000 to Disability Rights Florida, an advocate for people with disabilities, and to establish a $1.5 million grant to develop permanent supportive housing in the City for people with disabilities. The cases discussed below have not been updated to the present-day value in accordance with Lara G. v Postmaster General, EEOC Req. (E.D.N.Y. (E.D.N.Y.). ), United States v. Stone Legacy Corp. (W.D. Cal. ), United States v. Dovenberg Investments (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. Part I provides an overview of the current state of emotional harm cases. The complainants contacted the Metropolitan Milwaukee Fair Housing Council (MMFHC), and they conducted testing that supported the allegations. 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. 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. United States v. B.C. S.D. United States v. City of Hollywood (S.D. Cal. Wis.). ), United States v. Canal Street Apartments (D. Idaho), United States v. Candlelight Manor Condominium Association (W.D. In consolidated cases brought by the United States and Louisiana ACORN Fair Housing and Gene Lewis, plaintiffs alleged that the defendant, the owner and operator of an apartment complex in Lake Charles, Louisiana, intentionally discriminated on the basis of race against Gene Lewis when he refused to rent him a studio apartment. Cal. The settlement agreement requires the defendants to pay the complainant $20,000 and to comply with the Fair Housing Act. 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. Worse yet, age discrimination is not explicitly forbidden by the Fair Housing Acts federal law. Haw.). 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. With continued education, advocacy, and stricter enforcement of the relevant acts, we can hopefully create a future where everyone has access to safe and affordable housing. The consent decree requires the defendants to: pay $33,000 to the HUD complainant's Special Needs Trust and $4,500 to HOPE Fair Housing Center; adopt a reasonable accommodation policy and to obtain fair housing training. The complaint alleges that Twin Creek engaged in a pattern or practice of violating the Servicemembers Civil Relief Act (SCRA), 50 U.S.C. On August 10, the Division filed an opposition to the motion to dismiss. Md. (S.D.N.Y.). On February 10, 1998, the court entered a consent decree resolving United States v. Village of Addison (N.D. Ill.). 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. Additionally, the defendants will pay $400,000 to compensate nine plaintiffs in a related private suit. Cal. Ohio), United States v. Meadowlark Manor Condominium Association (W.D. United States v. Town of Colorado City (D. Ariz.), United States v. Fred Thomas d/b/a Best Western Scenic Motor Inn (E.D. The settlement provides for $35,000 for complainants, $35,000 for additional aggrieved persons, and a $25,000 civil money penalty, as well as injunctive relief. This can take many forms, ranging from landlords refusing to rent to women or trans people, to sexual harassment by landlords. 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 United States Statement of Interest argues that the facts alleged by the Ramapough state substantial burden and unequal treatment claims under RLUIPA. Firms. The settlement agreement requires the defendants to pay the complainant $20,000 and to comply with the Fair Housing Act. On May 15, 2013, the court entered a partial consent order with the nine architects and civil engineers. Document Cited authorities . (W.D.N.Y. United States v. Village Realty of Staten Island Ltd. At trial, the jury returned a verdict finding that Zellpac and Emery had violated the disability provision's of the Fair Housing Act. 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 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"). eral housing discrimination cases, 9 . The consent decree resolves the United States claims under the Fair Housing Act that John Klosterman subjected his female tenants to severe, pervasive, and unwelcome sexual harassment and unlawful retaliation. (E.D.N.C. ), United States v. Springfield Ford, Inc. (E.D. Mo. Wash.). United States v. Kreisler a/k/a Bob Peterson (D. Minn.), United States v. Lake County Board of Commissioners (N.D. The case was handled by the United States Attorneys Office for the District of Colorado. Holly Gardens Citizens in Action, Inc., et al. resolving a Fair Housing Act design and construction case resulting from an election referral from the Department of Housing and Urban Development (HUD). Md.). In addition, the order establishes a $240,000 fund to compensate any persons who are identified victims of the alleged discriminatory practices and pay $42,500 to the complainant. The consent order requires that the defendants adopt new repossession policies, pay one servicemember $30,000, and pay a $50,000 civil penalty to the United States. United States v. 4 Anchorage Lane Owners, Inc. Court Awards of Emotional Distress Damages Over $100,000 . Miss. Share sensitive information only on official, secure websites. All Registered Riders will receive a high-quality fair housing baseball cap and water at the registration tent at check in time prior to the ride. (E.D.N.C. The case was referred to the Division after the Department of Housing and Urban Development received a complaint, conducted an investigation, and issued a charge of discrimination.. United States v. Hudson Valley Federal Credit Union (S.D.N.Y. ), United States v. Fleet Mortgage Company (E.D.N.Y. Additionally, an experienced housing discrimination lawyer can help you understand your options and take the necessary steps to pursue justice. Wash.), United States v. Security State Bank (W.D. The agreement also provides $60,000 in damages awards to four individuals and an organization injured by the violations; establishes a $ 400,000 fund to compensate any other individuals injured by the inaccessible housing; and provides up to $350,000 for accessibility improvements to the condominiums at Bethany Bay if private owners desire them. Ind.). Co., 218 F.3d 481, 486 (5th Cir. On June 7, 2017, the United States, plaintiff/intervenor and defendants entered into a settlement agreement resolving United States v. Dominic Properties, LLC (D. Minn.), a Fair Housing Act election referral from HUD. The jury also found that the defendant retaliated against them by filing a lawsuit against them after they filed their HUD complaint. On May 24, 2017, the court entered a final partial consent decree in United States v. Albanese Organization, Inc. United States v. Hawaii Student Suites, Inc. (D. On May 10, 2013, the court entered a consent decree resolving United States v. Clarendon Hill Somerville, LP (D.Mass. Mass.). If your case involves less than $7,000, you can file a small claims case. Chicago Fair Housing Ordinance. 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. ), Loveless v. Euramex Management Group, LLC (Wesley Apartment Homes, LLC), Memphis Center for Independent Living and the United States v. Milton and Richard Grant Co. (W.D. Any funds remaining after all claims have been paid will be used for consumer education in Hispanic communities. Since its adoption over thirty years ago, lower courts have mainly adopted an interpretation of the Fair Housing Act that reflects an effort to fulfill its broad legislative purpose. Mich.), United States v. Countrywide Financial Corporation (C.D. Wash.). ), a pattern or practice/election Fair Housing Act case. You can file a Fair Housing complaint or a complaint with the US Department of Housing and Urban Development (HUD) if you believe you have been a victim of this type of discrimination. Tenn.). ), United States v. Enclave Development, L.L.C. 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. Fla.), United States v. City of Jackson (S.D. 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. About | Tex.). As part of the agreement, the City has agreed to provide training to its officials and employees about their obligations under RLUIPA and to notify the public about the Citys compliance with RLUIPA in its zoning and land use actions. Making assumptions about someone's abilities or character based on their ethnicity and basing a housing decision on that is also an example of national origin discrimination. Ark.). After the City denied the Islamic Associations application to build a religious cemetery, the United States opened an investigation of the Citys actions in September 2017. 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. The consent decree provides for $100,000 in damages to compensate aggrieved individuals and a $30,000 civil penalty, as well as standard injunctive relief, including fair housing training, adoption of a nondiscrimination policy, and reporting requirements. Id. Ind. United States v. Cunat Bros., Inc. (N.D. Ill.), United States v. Dalton Township, Michigan (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. United States v. Gulf Shores Apts (S.D. Mich.), United States v. RSC Development Group, Inc. (N.D. Ill.), United States v. Rutherford County, Tennessee (M.D. Co. (W.D. Ill.) (consolidated with Valencia v. City of Springfield (C.D. > The complaint alleges that United Communities, which provides on-base military housing at Joint Base McGuire-Dix-Lakehurst in New Jersey, engaged in a pattern or practice of violating the Servicemembers Civil Relief Act (SCRA), 50 U.S.C. United States v. 475 Ninth Avenue Associates, LLC (S.D.N.Y. Even if you are 80 years old and require the regular assistance of someone nearby, a landlord has no legal ground to refuse your tenancy if you have excellent credit history and references. On July 13, 2020, the United States filed an amended complaint and proposed consent order in United States v. The Pointe Apartments Owner, LP, et al. Louisiana ACORN Fair Housing v. LeBlanc (5th Cir.). The complaint was filed on January 29, 2009, and was handled jointly by the Division and the U.S. Attorney's Office for the Eastern District of Michigan in Detroit. The agreement also requires monitoring for SCRA compliance. (E.D.N.C.). Va.). It also includes injunctive provisions that prohibit Gary Price from being directly involved in the management of residential rental properties or contacting former, current, or prospective tenants, and require that Defendants refrain from future discrimination on the basis of sex and race, seek dismissal or vacatur of unlawful detainer and related actions they filed against aggrieved persons and expungement of related credit reports, retain an independent manager, obtain fair housing training, maintain records, and submit reports to the United States. Makinen v. City of New York, 167 F. Supp. United States v. Penny Pincher, Inc. (S.D. From 2010 to 2014, the agency's Civil Rights Division obtained more than $1.4 billion in relief under fair . On April 1, 2005, the court entered a consent order resolving United States v. B&S Properties of St. Bernard, L.L.C. ), United States v. Lowrey Hotel and Caf (W.D. This case originated with a complaint filed by Access Living of Metropolitan Chicago with the Department of Housing and Urban Development (HUD). The case was handled by the Departments Housing and Civil Enforcement Section within the Civil Rights Division. The complaint asserted that Yoder-Shrader had discriminated at eight of its apartment complexes by either restricting families to certain units within apartment complexes; instructing certain employees that they were not permitted to rent to Hispanic or African-American prospective renters; and, not telling minority apartment-seekers the same information about the availability of rental units as was provided to whites. Fla.). Wis.), United States v. Wilmark Development Company (D. Nev.). Fla.), United States v. Epcon Communities, LLC (S.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. Ind. Tex.). Ohio), United States v. Nationwide Nevada (D. Nev.), United States v. Nejam Properties (S.D. ), United States v. Kenna Homes Cooperative Corporation (S.D. Va.), United States v. Old Kent Financial Corporation and Old Kent Bank (E.D. The complaint, which was filed on November 14, 2014, alleged that the owner, property management company, district manager, and maintenance employee of a 56-unit apartment building located in Cross Lanes, West Virginia 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. 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). United States v. American Honda Finance Corporation (C.D. On April 12, 2019, the United States entered into a settlement agreement in United States v. Hatfield (W.D.N.C.). court also granted the United States motion to amend the case caption. United States v. City of Toledo, Ohio (N.D. Ohio), United States v. City of Walnut, California (C.D. Tex. A separate settlement resolving a similar lawsuit brought by the AICC against the city has also been submitted to the court for approval. The supplemental consent order also allows the current owners to access accessibility funds created in the original consent order to help pay for the costs of retrofits. Mass.). The tribe also alleges that the Township treated it differently from other similarly situated nonreligious groups. In an employment discrimination case under Title VII of the 1964 Civil Rights Act, such as sexual harassment or glass ceiling/promotion discrimination, you may be able to recover money damages that are referred to as emotional distress damages. ), United States v. City of Milwaukee (E.D. The complaint, which was filed on September 30, 2015, alleged that the owners and manager of a mobile home and recreational vehicle park discriminated on the basis of race or color by falsely telling prospective African American renters that there were no available recreational vehicle lots at the park and discouraging them from returning to the park in the future to seek housing. On November 23, 2017, the United States Attorneys Office entered into a settlement agreement resolving United States v. Salem (D. On October 15, 2020, the court entered a consent order resolving United States v. ASAP Towing & Storage Company (M.D. Cal. Ala.), United States v. Wayne County Housing Authority (S.D. In August 2018, the United States notified the City that it had concluded that the City had violated RLUIPA and intended to file suit, and offered the City an opportunity to negotiate a resolution. Housing and Urban Development. On September 27, 2018, the United States filed a complaint and entered into a settlement agreement in United States v. United Communities, LLC (D. N.J.). Nelson Civil Engineers, and the Spanish Gardens Condominiums Homeowners Association, Thomas v. Anchorage Equal Rights Commission (9th Cir. The violations include steps into the individual units, an insufficient number of curb cuts, doors which are impassable by persons using wheelchairs, no reinforcements in the bathroom walls for the installation of grab bars, and an inaccessible rental office. (E.D.N.Y.). housing discrimination remains persistent and Title VIII is a mere . Name Here are some examples of housing discrimination. 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. Neb. > Iowa). The complaint, filed on February 17, 2005, alleged that the defendant Guy Emery, the rental manager discriminated on the basis of disability. The consent order also calls for injunctive relief, including training, a nondiscrimination policy, record keeping and monitoring. 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. Ga.), United States v. Housing Authority of the City of Royston (M.D. Tex. United States v. Tel-Clinton Trailer Courts, Inc. (E.D. Ohio), United States, NFHA & LIHS v. Uvaydov (E.D.N.Y.