The defendants appealed the jury verdict and the district court's injunction prohibiting the defendants from engaging in future acts of discrimination. The amended complaint alleges that the City and Sheriffs Department created and enacted the ordinance with the intent to drive African American and Latino renters out of their homes and out of Hesperia, and that the Sheriffs Department, acting on behalf of the City, discriminatorily enforced the ordinance against African American and Latino renters and in majority-minority areas of Hesperia. La.). The settlement also requires HACB to pay $1,500,000 to those hurt by its discriminatory practices and a $25,000 civil penalty to the United States. FTC v. Capital City Mortgage Corp., No. As part of the Citys settlement with the department, the City has amended its zoning code to better comply with federal anti-discrimination laws, including removing restrictions that apply to housing for persons with disabilities and implementing a reasonable accommodation policy. Share sensitive information only on official, secure websites. 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. On June 29, 2020, the United States filed a complaint in United States v. Goitia et al, in the U.S. District Court for the Southern District of Iowa, alleging that Juan Goitia, the manager of multiple residential rental units in Davenport, sexually harassed a female tenant from March 2018 until August 2018. 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. This case was the Department's first challenge, under the Fair Housing Act, to racial discrimination in the provision of homeowner's insurance. The jury also found that the United States had proven a pattern or practice of discrimination and stated that the defendant should pay $35,000 to the United States as a civil penalty. 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.). ), United States v. Chateau Village Apartments (N.D. Ill.). Pa.), States v. NALS Apartment Homes, LLC (D. Utah), United States v. Nara Bank and Union Auto Sales (C.D. 740 N. Sedgwick, Third Floor, Chicago, IL 60654 . $2.8 million Wrongful death, products liability case involving a tow motor accident at a sewage treatment plant. Home | Despite the relatively few debates and the near absence of any extensive record from committees, Congress finally passed the Civil Rights Act of 1968. The United States had filed a statement of interest on November 1, 2010. Ill.). 2. Defendants also include; Linda Hamilton, JillOullette, and Donna McCarthy. Fla.), United States v. Pearl River Gardens, LLC (S.D.N.Y. 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. Neb.). A trial was held in Benton, Illinois on June 19-20, 2006 in the case of United States v. Zellpac Inc. (S.D. The complaint, which was referred to PHRC for investigation by the United States Department of Housing and Urban Development (HUD) alleged that USAA discriminated on the basis of nation origin in making a home loan. Fla.). EEOC EMOTIONAL DISTRESS AWARDS . The complaint alleges that PRG Real Estate Management, a property management company, and related entities, engaged in a pattern or practice of violating the Servicemembers Civil Relief Act (SCRA), 50 U.S.C. ), a case brought under the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA). United States v. Univ. The consent order requires the defendants to: pay $70,000 to the complainants; admit that their actions violated the Fair Housing Act; issue a letter of apology; pay $10,000 to the widow of a Triumvera resident who used a wheelchair during the last years of his life, and pay a $3,500 civil penalty. ), United States v. Perlick Family Trust (E.D. 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. The lawsuit alleged that the Green Valley Country Club Apartments were not accessible to persons with disabilities because, among other things, there was no accessible route into the dwellings, the doors in the units were too narrow to allow access by persons using wheelchairs, bathroom walls lack reinforcements needed for the safe installation of grab bars, and the common and public use areas were not accessible. Wash.), United States v. Security State Bank (W.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. In this case brought under the state Fair Employment and Housing Act (FEHA) (Gov. 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. Montagne Development, Inc. (D. Calvillo, et al. The settlement agreement requires Nissan to pay $2,937,971 in damages to servicemembers and a $62,029 civil penalty to the United States, for a total of $3 million. ), United States v. Glenwood Management Corp. United States v. Fair Plaza Associates (D. N.M.), United States v. Fairway Trails Limited (E.D. 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. Tex. United States v. Hillman Housing Corp. Ark.). 12183(a)(1). The case, Redeemer Fellowship of Edisto Island v. Town of Edisto Beach, involves a small Christian congregation that sought to rent space for Sunday worship in the Civic Center, which is available for rental by community groups to hold events and activities. 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. https://scholarship.law.columbia.edu/faculty_scholarship/968, Civil Rights and Discrimination Commons, ), 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. 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. Miss. Pa.), United States v. Pine Properties Inc. (D. ), 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. Tenn.). Pa.), United States v. Luther Burbank Savings (C.D. 924 (8th Cir. 1143, 1157 (2003) ("[M]any victims must rely on their emotional harm claim as their primary basis for economic compensation."). 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. The consent decree will remain in effect for five years. On July 14, 2020, the court entered a consent order in United States v. 111 East 88th Partners (S.D.N.Y.). Available at: https://ir.lawnet.fordham.edu/ulj/vol30/iss3/17. The Defendant Emery responded "so sue me." Defendants own a single-family home in Cheyenne, Wyoming, as well as a number of other small rental properties in that area. Fla.), United States v. Henrico County (E.D. (E.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. Makinen v. City of New York, 167 F. Supp. ), United States v. Evergreen Bank Group (N.D. Ill.), United States v. Equity Residential (S.D.N.Y.) Under the settlement, the Village will pay a total of $360,000 in monetary damages to the Villages former planning director who was placed on leave because of her support for the project, as well as a $50,000 civil penalty to the United States. The HUD complainants intervened in the case. The consent decree contains injunctive relief and civil penalties of $30,000. 83 (1981), without reference to more recent discrimination cases or the two more recent versions of Schwemm's work. Pa.). The Office of the Comptroller of the Currency referred this matter to us. ), United States v. East River HousingCorp. The court's opinion adopted the United States' argument that the plaintiff in a design-and-construction case may demonstrate liability by showing that the defendant did not follow the HUD FHA Guidelines, and that the defendant may overcome this showing only by demonstrating compliance with another, comparable accessibility standard. On July 27, 1999, the court entered a consent decree resolving United States v. Orchard HillBuilding Co. Inc.(N.D. Ill.), The complaint, which was filed on July 1, 1999, alleged the architect and developer built residential properties, Creekside of Spring Creek and Convington Knolls, violated the Fair Housing Act when they did not include certain features that would make the units accessible to persons with disabilities. The complaint further alleged that the County discriminated against the ICC based on religion. Wis.), United States v. City of New Orleans & Louisiana State Bond Commission (E.D. 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. (S.D.N.Y.). Cal. United States v. Autumn Ridge Condominium Association, Inc. (N.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. 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. Nelson Civil Engineers, and the Spanish Gardens Condominiums Homeowners Association, Thomas v. Anchorage Equal Rights Commission (9th Cir. The allegations were based on evidence generated by the Fair Housing Center of Southeastern Michigan. The complaint, which was filed on September 26, 2019, alleged that the developer and builder defendants failed to construct The Battery on Blake Street, a rental apartment building in Denver, CO, so that it was accessible to persons with disabilities. 1:09cv287 (D. > Specifically, the complaint alleged that the defendants violated 42 U.S.C. Cal.). Often, discrimination stems from fear and misunderstanding. ), entry of settlement agreement and agreed order, United States v. Jarrah; aka Yurman (S.D. The Parish zoning ordinance required the group home provider to seek an accommodation to house five persons instead of the permitted four. In other cases, landlord discrimination may result in higher rents or deposits for tenants with disabilities. ), United States v. Loventhal Silver Riverdale LLC (S.D.N.Y. On June 11, 2019, the United States filed a complaint in United States v. Nelson (S.D. The complaint, filed on April 11, 2018, alleged that Douglas Waterbury, a residential property owner and landlord, violated the Fair Housing Act by engaging in a pattern or practice of sexual harassment against female tenants and potential tenants. ), United States v. Fort Norfolk Retirement Community, Inc., d/b/a Harbor's Edge (E.D. 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. The statement of interest addresses the standard the court should apply in evaluating the Congregation's RLUIPA Section 2(b)(1) claim, and discusses certain criteria for determining whether a substantial burden exists under RLUIPA Section 2(a). Mich.), Voting and Election Resourceswww.vote.gov, On May 24, 2017, the court entered a final partial consent decree in, On September 6, 2017, the parties entered a $95,000. Check in will be at 10:00 a.m. at the Samaritan Center, 5555 Conner St., Detroit, MI 48213. Mass.). United States v. American Honda Finance Corporation (C.D. S.D. The consent order requires the defendants to pay $14,000 in monetary damages to a family with children, $12,000 as a civil penalty, and $10,000 to a victim fund. 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. In addition, the complaint alleged that the defendants provided transportation as an amenity and that until 2013, that transportation was inaccessible to people who used wheelchairs in violation of the Fair Housing Act. United States v. Village of Suffern (S.D.N.Y. Ala.), United States v. City of Satsuma, Alabama (S.D. 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. On June 2, 2017, the United States and the defendants entered into a settlementagreement resolving United States v. Pritchard (D. Kan.), a HUD election case alleging the owners and operators of a rental apartment complex in Wichita, Kansas violated the Fair Housing Act on the basis of familial status. ), United States v. Springfield Ford, Inc. (E.D. To view the content in your browser, please download Adobe Reader or, alternately, Chicago Commission on Human Relations . United States v. City of Toledo, Ohio (N.D. Ohio), United States v. City of Walnut, California (C.D. (E.D.N.Y. > The complaint, which was filed on July 21, 2016, alleged that the Township violated the substantial burden, equal terms, nondiscrimination, and unreasonable limitations provisions of RLUIPA by denying the Bensalem Masjid a use variance to build a mosque on its property. The case was referred to the Division after the Department of Housing and Urban Development (HUD) received two complaints from former tenants, conducted an investigation, and issued a charge of discrimination. On November 5, 2019, the Court entered a consent order fully resolving the United States claims in United States v. Housing Authority of the City of Bridgeport, d/b/a Park City Communities (D. Conn.). Ohio), United States v. Millikin Univ. even for an emotional support animal" . After the permit was denied, Unity House continued to operate legally with five residents. 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. United States v. Tel-Clinton Trailer Courts, Inc. (E.D. The decree will remain in effect for three years. The complaint alleges that Gus Crank and Penny Crank, who manage and own rental property in Dayton, Kentucky, 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 settlement agreement, defendants are required to comply with Title II; implement a system for receiving and investigating complaints of discrimination; and conduct monitoring to ensure that 360 Midtowns employees act in a non-discriminatory manner consistent with federal law. ), United States v. Sarasota County Florida (M.D. Wis.), United States v. Union Savings Bank and Guardian Savings Bank (S.D. 31. Md. On September 1, 2006, the court entered a consent decree resolving United States v. Wones (D. Minn.), a Fair Housing Act pattern or practice case alleging sex discrimination. Contact a qualified civil rights attorney to help you protect your rights. keys to navigate, use enter to select, Stay up-to-date with how the law affects your life. EFFECTIVE DATE: July 14, 1992. United States v. Equity Homes, Inc. (D. The settlement agreement requires United Communities to pay $45,001.78 in damages to 13 servicemembers and a $17,500 civil penalty to the United States. The Fair Housing Act strives to ensure equal opportunity in housing for all, but this is only possible with strict compliance and rigorous enforcement of the law. ), United States v. Lawrence Properties, Inc. (M.D. 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. United States v. Silverstein Properties, Inc. United States v. First National Bank of Doa Ana County (D. N.M.), United States v. First National Bank of Gordon (D. On August 15, 2013, the court entered a consent decree in United States v. Highland Management Group, Inc. (D. Minn.). Ohio), United States v. Fifth Third Mortgage (M.D. The email address cannot be subscribed. . For webmasters |. 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. Va.). Cal. (S.D.N.Y. 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. On December 12, 2016, the United States filed a complaint in United States v. County of Culpeper (W.D. (S.D. On April 28, 2011, the United States filed a statement of interest in support of the Pennsylvania Human Relations Commission (PHRC). This matter was litigated jointly by this Section and the United States Attorney's Office. ), United States v. LCW Family Limited Partnership (D. On December 12, 2017, the United States executed a. Fla.). The court did not make an individualized determination of plaintiffs' damages. On November 29, 2010, the Division filed a supplemental amicus arguing that the amendment providing an express private right of action for damages should apply retroactively in this case. The defendants also agreed to pay $20,000 to aggrieved persons identified by the United States. 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. Fortune Society, Inc. v. Sandcastle Towers Housing Development Fund Corp. ), United States v. Resurrection Retirement Community, Inc. (N.D. Ill.), United States v. Richmond 10-72 LTD.(E.D. Tex.). U. RB. On February 22, 2008, the United States filed a brief as amicus curiae to address legal issues raised by defendants, without taking a position on the merits of the summary judgment motion. United States v. Village of Airmont (S.D.N.Y. United States v. Dorchester Owners Association (E.D. Del.). United States v. Witherington (S.D. 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 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 settlement agreement requires the defendants to pay the complainant $25,000, undergo fair housing training, draft a new non-discrimination policy which complies with the Fair Housing Act, and provide annual reports to the Department. Cal. United States v. Crimson Management, LLC, Benefield Housing Partnership d/b/a Cedartown Commons, and Cedartown Housing Association, d/b/a Cedarwood Village. 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. ), United States v. Dawson Development Co. (N.D. Ala.), United States v. Decatur Federal Savings & Loan (N.D. Ga.), United States v. Deer Run Management Co., Inc. (W.D. 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. Compounding the problem is the . At trial, the jury returned a verdict finding that Zellpac and Emery had violated the disability provision's of the Fair Housing Act. 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