), a Fair Housing Act election case. ), United States v. Woodcliff Lake, NJ (D .N.J. United States v. Advocate Law Groups of Florida, P.A. Emotional distress damages are a subset of what are commonly called "compensatory damages.". United States v. Town of Lake Hunting and Fishing Club (C.D. The Town responded by enacting a policy barring worship services at the Civic Center, citing separation of church and state concerns. The consent decree contains injunctive relief and civil penalties of $30,000. On October 1, 2007, the court entered a consent order in United States v. Adams (W.D. filed under the . This case involves a Secretary-initiated HUD complaint that elected, as well as a pattern-or-practice and group of persons claim. 4. > Ill.), United States v. City of Farmersville, Texas (E.D. On or about December 17, 2001, the complainant met with defendant Guy Emery and viewed the apartment. 32. On July 2, 2003, the court entered the consent decree in United States v. ADI Management, Inc. and Capstone, Inc. discriminated on the basis of disability by failing to design and construct five Boise complexes in accordance with the Fair Housing Act's accessibility requirements for new multifamily housing. The consent order has a term of three years. By Marcia Stewart. United States v. City of Blakely Housing Authority (M.D. The defendant is also enjoined from further discrimination based on gender and must keep records for future review by the Division. Check in will be at 10:00 a.m. at the Samaritan Center, 5555 Conner St., Detroit, MI 48213. The complaint, which was filed on March 16, 2020, alleged that the owner of a 21-unit apartment building in Pullman, Washington violated the Fair Housing Act on the basis of disability by refusing to allow a woman to live with her assistance dog and then fining her and beginning eviction proceedings against her and her son. ), United States v. Northern Trust Company (N.D. Ill.), United States v. Northwest Trustee Services, Inc.(W.D. Under the consent order, defendants will pay a minimum of $250,000 and a maximum of $325,000 into a settlement fund to compensate residents and prospective residents who were harmed by these 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. United States v. 475 Ninth Avenue Associates, LLC (S.D.N.Y. The complaint alleged that as a result, Ability Housing lost the grant and the property. 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. The complaint alleges that defendants engaged in a pattern or practice of discrimination by offering less favorable auto loan terms to African American testers than white testers, including by telling African American testers that they needed larger down payments than white testers for the same used cars, and telling African American testers that they were required to fund their down payments in one lump sum, while they gave white testers an option of paying in two installments. ), United States v. Stealth Investments, LLC (D. Idaho), United States v. Stevens and Anstine d/b/a Knollwood Partners (E.D. The complaint alleges that Bay View discriminates on the basis of religion by prohibiting non-Christians from becoming members of the Association and owning homes in the Bay View community, a summer resort on Little Traverse Bay in Emmet County, Michigan. That, according to the lawsuit, allows property owners and developers to target and exclude certain users according to those characteristics from seeing housing-related advertisements, in violation of the Fair Housing Act. ), an FHA design and construction case involving multiple properties in numerous states. Pa.). Ind. (W.D.N.Y. The complaint alleges that Gary Price, the manager of residential rental properties in the Harrisonburg area of Virginia, sexually harassed female tenants and discriminated against tenants on the basis of race by, among other things, using racial slurs and excluding or attempting to exclude tenants guests on the basis of the guests race, in violation of the Fair Housing Act. He has also agreed to hire a management company to manage his rental properties. ), United States v. Bankert (Jymco) (E.D.N.C. Corp. (D. Nev.), United States v. Pacific Properties (D. Nev.), United States v. Pacifico Ford, Inc. (E.D. 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 . Va.), United States v. Fountainbleau Apartments (E.D. 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 Cal. As of the date of the stipulation the principal of the firm is deceased and the firm is an inactive entity. ), United States v. Fifth Third Bank (S.D. 3. ), United States v. The Pointe Apartments Owner, LP (E.D. The settlement agreement requires defendants to retrofit the three buildings to make them accessible, pay $10,000 in damages to the complainant, the Northwest Fair Housing Alliance, adopt a nondiscrimination policy, and attend training on the Fair Housing Act. On June 29, 2017, the court entered aconsent decree in United States v. City of Jacksonville (M.D. The complaint alleges that the DOA discriminated on the basis of disability by failing to grant a reasonable accommodation to its no-pets policy to a HUD complainant, and alleges that DOA engaged in a pattern or practice of discrimination and/or a denial of rights against a group of persons for adopting a discriminatory policy and refusing to grant reasonable accommodations to persons with disabilities who need assistance animals. On July 20, 2017, the court entered a stipulation and order of settlement and dismissal in United States v. 505 Central Ave. The Equal Opportunity Office and Office of Special Investigations at McConnell Air Force Base and KHRC assisted with the Division's investigation. 3601-3619 and 3631, and also known as the Fair Housing Act ("FHA"), prohibits discrimination in the lease, sale, or rental of housing on the basis of race, color, religion, sex, familial status, or national origin. About | 924 (8th Cir. The agreement also provided that the company issue a non-discrimination statement, recruit qualified prospective customers from the state's insurance plan, conduct random testing, no longer exclude homes solely on the basis of the age or sales price of the home, and provide a new custom value policy so that quality insurance coverage will be more widely available. ), United States v. Perlick Family Trust (E.D. Ala.), United States v. Fitchburg Housing Authority (D. FUCK ME NOW. ), United States v. Zellpac Inc. (S.D. On September 18, 2017, the United States filed a complaint and executed a settlement agreement in United States v. CitiFinancial Credit Co. (N.D. The United States filed a Statement of Interest arguing that, under the Act, the front doors and walkways are public use and common use portions of covered dwellings and therefore required to be accessible, regardless whether there is another accessible route into the unit. The settlement agreement requires the defendants to pay $15,000 to the plaintiff/intervenor and her minor children. The defendant was aware of the large concentration of families with permanent resident aliens of Mexican national origin which resided in mobile homes on Elm Street before it formally adopted the 1993 zoning ordinance, and before it began enforcing such ordinance. United States v. Avatar Properties, Inc. (D. N.H.), United States v. BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing, LP (C.D. ), a case alleging that Quicken Loans discriminated against borrowers with disabilities by requiring that they provide a letter from a doctor as a condition of their loans. 12183(a)(1). This article was initially published in Volume 30 of the Fordham Urban Law Journal and is republished with permission. What are some of the consequences of housing discrimination? Official websites use .gov ), 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. A mortgage lender may deny a qualified borrower's loan due to that persons apparent gender or perceived sexual orientation. Wis.), United States v. Union Savings Bank and Guardian Savings Bank (S.D. 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 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. The owners of the eleven (11) buildings within Green Oaks, which were acquired by the Village prior to the entry the consent decree, shall receive an amount of money in addition to the purchase price paid by the Village. (D. Colo.), Avalon Residential Care, Homes, Inc. v. City of Dallas (N.D. United States v. Pacific Properties and Dev. The Office of the Comptroller of the Currency referred this matter to us. FROM $25,000 TO $95,000 . On September 11, 2018, the United States filed a complaint and entered into a settlement agreement in United States v. Twin Creek Apartments, LLC d/b/a/ Pavilion at Twin Creek (D. The complaint, filed on November 7, 2002, alleged the owner, developer, architect, and site engineer of Green Valley Country Club Apartments in Henderson, Nevada discriminated on the basis of disability by failing to design and construct a complex that is accessible to persons with disabilities under the Fair Housing Act. 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. This fianl consent decree resolves allegations against the architect of the Verdesian, SLCE Architects, LLP. L.J. The parties executed a settlement agreement on June 29 to resolve this lawsuit, filed by the U.S. Attorneys Office on January 18, 2017, alleging that a housing cooperative and management company discriminated against an individual with disabilities when it refused a reasonable accommodation to allow him to purchase a coop unit at Thompkins Manor using a special needs trust. Cal. (S.D. The defendants include Dominic Carchedi, Dominic Properties, LLC, and Lake City Properties DC, LLC.The complaint, which was filed on June 23, 2016 by the United States Attorneys Office, alleges that the owners and managers of an apartment complex in Minneapolis, Minnesota violated the Fair Housing Act on the basis of familial status by enacting and enforcing overly restrictive rules limiting children's presence in the hallways and common areas. Mich.), United States v. Falcon Development Corp. (D. Nev.), United States v. Falcon Development Company No. Mass. (E.D.N.Y. ADC v. Westchester County, New York (S.D.N.Y. 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. On June 14, 2018, the complaint was amended to include a related entity called 3rd Generation, Inc. as a defendant. Fla.), United States v. Cedar Builders, Inc. (E.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. Available at: Fair Housing rights apply to all housing types, including apartments, single-family homes, condominiums, and cooperative housing. On March 15, 2019, the United States Attorneys Office entered into a settlement agreement to resolve United States v. Bedford Development (S.D.N.Y. 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. 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. Cal.). On May 13, 2008,the courtdenied plaintiffs' motion for summary judgment in Turning Point Foundation v. DeStefano (D. Conn.). 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. S.D. La. (S.D. ), Baltimore Neighborhoods, Inc. v. Rommel Builders, Inc. (D. Ill.), a Fair Housing Act pattern or practice/election case which was referred to the Division by the Department of Housing and Urban Development (HUD) alleging discrimination on the basis of disability. 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. Va.). Fla.), United States v. City of Jackson (S.D. Mich.), United States v. Genesis Designer Homes (S.D. Of the 71 properties, 69 were built using either Low-Income Housing Tax Credits ("LIHTC") and/or funds from the HOME Partnership Investment Program ("HOME funds"). as defendants. In Ravina v. Columbia University and Geert Bekaert, 16-cv-2137, 2019 WL 1450449 (S.D.N.Y. On March 16, 2010, the case settled before the court ruled on the issue raised inthe United Statesamicus brief. (C.D. Victims frequently experience emotional distress, anxiety, and depression, as well as difficulty finding a safe and affordable place to live. You can also contact your state's fair housing agency or the human rights commission of your local government. Pa.), United States v. City of Joliet (N.D. Ill.), United States v. City of Lake Station (N.D. The four-year decree also provides for monitoring of the defendants' operation of their business, requires them to undergo training, and imposes restrictions on any subsequent buyer of the rental properties. Under the consent decree, the defendant is required to pay $400,000 to the alleged victims, plus a $25,000 civil penalty to the United States. ), United States v. Indigo Investments, LLC (S.D. Tenn.). United States v. 4 Anchorage Lane Owners, Inc. 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 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 Justice Department has been pursuing a number of banks over alleged discrimination. United States v. Nistler (D. Mont) (Nistler II), United States v. Nixon State Bank (W.D. According to the National Fair Housing Alliance (NFHA), approximately four million incidents of housing discrimination occur in the United States each year. 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. No. A federal court jury in San Diego, California found that the defendants employee, a condominium security guard, had sexually harassed the plaintiff. The agreement also requires Twin Creek to adopt new polices to prevent future violations of the SCRA. Va.). ), United States v. East River HousingCorp. The additional amount shall be at least 125 of the amount paid to the owners by the Village at the time of acquisition. (E.D.N.Y. On July 28, 2020, the United States filed a complaint in United States v. Vandelay Group (E.D. ), United States v. Goitia et al (S.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. (S.D.N.Y. Ind.). 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