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. (S.D.N.Y. The law certainly stands as a bold and optimistic proclamation. On March 31, 2016, thecourt entered an opinion and order on the parties' partial summary judgment motions in Equal Rights Center v. Equity Residential (D. Under the agreement, Ms. Michele Crowe must pay a total of $1,900 in damages ($1,425 to the servicemember and a $475 civil penalty to the United States), adopt lease language that complies with the SCRA, report to the United States on SCRA compliance, and refrain from engaging in future SCRA violations. EMOTIONAL HARM IN HOUSING DISCRIMINATION CASES: A NEW LOOK AT A LINGERING PROBLEM Victor M. Goode* and Conrad A. Johnson** INTRODUCTION With the United States Supreme Court's condemnation of legal segregation in Brown v. Board of Education' in 1954, and a vigor-ous civil rights movement that led to the passage of the 1964 Civil The 1998 settlement agreement resolved the United States' allegations that Pulte had failed to design and construct certain developments in Florida, Illinois, and Virginia to be accessible to persons with disabilities as required by the Fair Housing Act. Emotional Harm in Housing Discrimination Cases: A New Look at a Lingering Problem, United States v. Walker d/b/a The Knights (M.D. Check in will be at 10:00 a.m. at the Samaritan Center, 5555 Conner St., Detroit, MI 48213. The consent decree will remain in effect for five years. Md.). The defendants, Wilmark Development Co., Mark Schmidt Construction, and WLW of Nevada, Inc., have agreed to pay a total of $718,000 to make the complex accessible to persons with disabilities. The defendants will also provide a $75,000 fund to compensate aggrieved persons. United States v. Equity Homes, Inc. (D. (S.D.N.Y.). The more egregious the discrimination and more severe the losses suffered by the victim, the greater the value of the case could be. (E.D. Some have argued that this has been primarily due to the deficiencies in the law itself. 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. United Tows LLC (N.D. The consent decree requires Mr. Barrett and his companies over the next 15 months over the next 15 months to retrofit the public and common use areas of the seven complexes and of the individual apartments units to make them accessible to persons with disabilities. The amended complaint added No Joke Properties, Inc., as a corporate defendant that managed some of the properties where the alleged discrimination occurred. The settlement agreement requires Hatfield to pay $550,000 in damages to 17 actual or prospective residents of Hatfields properties and a $50,000 civil penalty. On April 15, 2019,the United States filed an amended complaint in United States v. Chad David Ables, d/b/a Pops Cove (W.D. Wash.), United States v. Notre Dame de Namur University (N.D. And discrimination based on race, color, national origin, sex, age or disability is particularly likely to cause serious emotional harm." Justices Sonia Sotomayor and Elena Kagan joined Justice . Haw.). The tribe also alleges that the Township treated it differently from other similarly situated nonreligious groups. (S.D.N.Y. The decree also established a five million dollar fund to compensate individual victims; over 1,600 households in the community received damages. Housing discrimination is a serious violation, whether it results in fewer housing choices, unfair terms, or some other indignity. Under the terms of the settlement agreement the defendants must pay a total of $125,000, including compensatory damages and attorneys fees to the complainant and civil penalties to the United States. On August 13, 2019, the court entered a consent order resolving United States v. Dyersburg Apartments, Ltd. (W.D. On September 28, 2017, the United States Attorneys Office executed a settlement agreement in United States v. VP2, LLC (D. Minn.), a Fair Housing Act election case. (E.D.N.Y. Enterprises, Inc. ("Aristocrat") (E.D. Tex.). 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. 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. Defendants argued that their only obligation was to provide an accessible route into the unit, which, they alleged, they had done by providing an accessible route through the garage. On March 29, 1999, the United States filed a lawsuit against Associates National Bank of Delaware [ANB], a leading issuer of Visa and MasterCard bank cards, claiming that the bank violated the Equal Credit Opportunity Act [ECOA] by discriminating on the basis of national origin, specifically, against persons of Hispanic origin. As of the date of the stipulation the principal of the firm is deceased and the firm is an inactive entity. United States v. Garden Homes Management Corp. (D. N.J.), United States v. General Properties Company (E.D. Discrimination in housing is defined as any type of discrimination that occurs when a person attempts to purchase, rent, or lease a home. This article briefly describes the Fair Housing Act and the Fair Housing Act Amendments of 1988 and the problem of tenant hoarding in society and under the law. The Fair Housing Act is a federal law that prohibits housing and housing-related discrimination based on race, color, religion, national origin, gender, familial status, or disability. W. Va.), United States v. Kent State University (N.D. Ohio), United States v. Kips Bay Towers Condominium, Inc. Too often, landlords discriminate and break the law. Ill.), United States v. Sharlands Terrace LLC (D. Nev.), United States v. Shawmut Mortgage Company (D. Conn.), United States v. Shur-Way Moving and Cartage (N.D. Ill.). The consent order, provides for monetary relief in the amount of $106,500 to compensate seven aggrieved persons, and a $13,500 civil penalty. On November 17, 2009, the court granted the United States' motion for leave to file a brief as amicus curiae in Hand in Hand/Mano en Mano v. Town of Milbridge, Maine C.A. The consent order, includes equitable relief requiring that the defendant, among other items, undergo training, change its policies, and report semi-annually to the United States. The lawsuit is based on the results of testing conducted by the departments Fair Housing Testing Program, in which individuals pose as prospective car buyers to gather information about possible discriminatory practices. On April 28, 2011, the United States filed a Statement of Interest in Congregation Etz Chaim v. City of Los Angeles (C.D. A federal court jury in San Diego, California found that the defendants employee, a condominium security guard, had sexually harassed the plaintiff. The court entered the consent order on July 13, 2020. United States v. City of Blakely Housing Authority (M.D. Wis.), United States v. Capital One, N.A. On November 21, 2018, the United States filed an amended complaint in United States v. Pelfrey (W.D. The consent decree will remain in effect for three (3) years. The consent decree requires the defendants to pay $17,500 to the servicemember and a civil penalty of $2,500, as well as to adopt new policies and procedures to avoid SCRA violations in the future. . Cal. On July 11, 2000, the United States filed an amicus curiae brief in support of plaintiffs in Cason v. Nissan Motor Acceptance Corporation (M.D. 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. The court agreed, finding that the failure to provide unimpeded access to the front door to persons who use wheelchairs, including not just those who live in the unit but also a neighbor, friend, or family member, a political candidate, or a repairman, is in effect, to send them away as if unwelcome, and precisely the discrimination the FHAA forbids., Albanian Associated Fund, Inc. v. Township of Wayne (D. N.J.), American Insurance Association v. HUD (D.D.C. Specifically, the complaint alleged that he subjected female tenants to unwanted sexual touching and advances, conditioned the terms of women's tenancy on the granting of sexual favors, and entered the apartments of female tenants without permission or notice. Cal. On September 11, 2020, the United States filed an amended complaint in the Eastern District of Virginia in All Muslim Association of America, Inc. v. Stafford County, et al. Merchant's racial slurs violated customer's civil rights, N.J. court says. This case was handled jointly by the Civil Rights Division's Housing and Civil Enforcement Section and the U.S. Hargraves v. Capitol City Mortgage Corp. The amendment capped the sum of compensatory and punitive damage awards for intentional discrimination according to a sliding scale up to $300,000. Cal.). ), United States v. Wells Fargo Bank, NA (D.D.C. 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. The complaint alleges that Bank of America discriminated on the basis of disability, in violation of the FHA, through implementation of a policy that prohibited the issuance of mortgage loans to adults who had legal guardians or conservators. (E.D. In 1986, the Village of Hatch, through its Mayor and Board of Trustees, passed a moratorium on mobile homes being moved into the Village. This practice, called redlining, effectively limits housing options for people of color and creates segregated communities. $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 . These orders can require a . ), United States v. Cracker Barrel Old Country Store (N.D. Ga.). On October 27, 2017, the jury returned a verdict of $43,500 in favor of the United States in United States v. DeRaffele (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. 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. ), United States v. Pacific Northwest Electric, Inc. (D. Idaho). United States v. Centier Bank (N.D. ), United States v. Housing Authority of Bossier City (W.D. Me.). The federal Fair Housing Act of 1968 and the federal Fair Housing Act Amendments Act of 1988 prohibit discrimination on the basis of the following criteria (called "protected categories"): race or color; religion; national origin; familial status or ageincludes families with children under the age of 18 and pregnant women . The complaint, filed on July 7, 1995, alleged that the Village of Addison violated the Fair Housing Act on the basis of national origin. The defendants include Paul Jeffrey Pritchard, individually and as the trustee of the Paul Jeffrey Pritchard Trust; the Paul Jeffrey Pritchard Trust; the Kim Susanne Pritchard Trust; Kim Susanne Pritchard, as the trustee of the Kim Susanne Pritchard Trust; and Debra M. Schmidt. 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. (S.D.N.Y.). The Eighth Circuit Court of Appeals affirmed the district court's judgment and its opinion is reported at 184 F.3d. On October 18, 2010, the United States' filed an amicus brief in Estes v. Rutherford County Regional Planning Commission (Chancery Court for Rutherford County, Tennessee). United States v. Kreisler a/k/a Bob Peterson (D. Minn.), United States v. Lake County Board of Commissioners (N.D. Terms of use | The Town responded by enacting a policy barring worship services at the Civic Center, citing separation of church and state concerns. Pa.), States v. NALS Apartment Homes, LLC (D. Utah), United States v. Nara Bank and Union Auto Sales (C.D. On April 19, 2018, the United States entered into a settlement agreement resolving the allegations in United States v. Notre Dame de Namur University (N.D. Concerning Discrimination Cases. Ill.). 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. On November 19, 2019, the court entered a consent decree in United States v. Higgins (S.D.N.Y.). On August 1, 2019, the United States filed a complaint and executed a settlement agreement in United States v. Nissan Motor Acceptance Corp. (M.D. The decree also requires the defendants to pay $15,000 in civil penalties and contributions to a fund to further housing opportunities for persons with disabilities. On November 16, 2018, the United States Attorneys Office filed a statement of interest in Onuoha v. Facebook (N.D. United States v. Georgian Manor (N.D. Ga.), United States v. GFI Mortgage Bankers, Inc. Va.). Referring to the plaintiff's complaint, the Supreme Court stated, "[T]he relief sought here-actual and punitive damages-is the traditional form of . The Americans with Disabilities Act (ADA) of 1990 prohibits discrimination against people with disabilities in all aspects of public life, including housing. ), United States v. Resurrection Retirement Community, Inc. (N.D. Ill.), United States v. Richmond 10-72 LTD.(E.D. Verify that the taxpayer reported taxable amounts at gross rather than reporting them net 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. Under Title VII, the amount of compensatory damages and punitive damages (taken together) is "capped", depending on the number of employees the employer has. Ohio), United States v. Fifth Third Mortgage (M.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. 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. 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. Menu 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. The court dismissed the complaint and Mr. Gomez filed an appeal in the Ninth Circuit Court of Appeals. Subscribe. The case was jointly handled with the United States Attorneys Office. The order requires Peterson to adopt and implement a comprehensive sexual harassment policy and complaint procedure at his properties. (E.D.N.C.). ), United States v. Goitia et al (S.D. On July 15, 2020, the County filed a motion to dismiss the United States Complaint. 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