United States v. Centier Bank (N.D. ), United States v. Lowrey Hotel and Caf (W.D. Landlords, for example, may refuse to rent to someone because of their race or national origin. (seeUnited States v. Lawrence Downtown Holdings LLC (S.D.N.Y. ), United States v. Father & Son Moving & Storage (D. The United States had filed this case after a determination by the Department of Housing and Urban Development [HUD] that reasonable cause existed to believe that the defendants refused to rent to an African American household. 1143 Ala.), United States v. Associates National Bank (D. 358, 359- 360, 375 & fn. Specifically, the United States alleges that Atlantic Development Group and its principal, Peter Fine, have designed and constructed more than 6,000 apartments in 68 rental buildings throughout the Bronx, Manhattan, and Westchester County that do not comply with the FHAs accessibility requirements. United States v. VanderVennen (W.D. Rutherford County, Tenn., is the defendant in the civil case, and had granted permission for the construction of the mosque. They awarded damages based on their "Yes" to "Do you find by a preponderance of the evidence that the defendants violated the Fair Housing Act by Guy Emery's statement, either to (CN) or (DNA), with respect to the rental of an apartment, that indicated a preference, limitations, or discrimination, or an intention to make such a preference, limitation, or discrimination, on the basis that (DNA) used a wheelchair." Md.). This Article explores relevant social science data and examines how it affects the analysis and understanding of evidence of emotional harm. ), United States v. Town of Cicero (N.D. Ill.), United States and Oxford House Inc. v. Town of Garner, North Carolina, and the Town of Garner Board of Adjustment (E.D.N.C.). Created byFindLaw's team of legal writers and editors Haw.). 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. Westminster Asset Corp. (C.D. Pa.), United States v. City of Joliet (N.D. Ill.), United States v. City of Lake Station (N.D. However, it is often unreported. On July 16, 2020, the court entered a consent order in United States v. Dunnwood Acres Apts., LLC, et al., (E.D. Cal.). Ind.). Three of the apartment complexes are located in Athens, Georgia; two are located in Statesboro, Georgia; and one is located in Greenville, North Carolina. 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. The complaint, filed on March 1, 2017, and amended on March 6, 2017, alleged that the defendants Robert Pascucci, Bedford Development, LLC, Carnegie Construction Corp., Jobco, Inc., and Warshauer Mellusi Warshauer Architects P.C. United States v. Applewood of Cross Plains (W.D. 1974). A trial was held in Benton, Illinois on June 19-20, 2006 in the case of United States v. Zellpac Inc. (S.D. United States v. Woodbury Gardens Redevelopment Co. Owners Corp. The United States signed a modification agreement with Pulte Home Corporation (Pulte) to supplement and amend a settlement agreement previously entered into with Pulte in July 1998. United States v. Jacksonville Housing Authority and City of Jacksonville (M.D. ), United States v. Christensen (E.D. Our complaint asserted that individuals applying for an ANB/UNOCAL MasterCard through the bank's Spanish-language application were processed through a separate approval system, which utilized a credit scoring system that required higher scores than those required for English-language applicants. 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. Tex.). 924 (8th Cir. The complaint, filed on May 18, 2015, alleged that the owners and managers of an apartment complex in Brooklyn Park, Minnesota placed undue conditions on a woman's request to live with her assistance animal and then refused to renew her lease in violation of the Fair Housing Act. 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. United States v. Eagle Bank and Trust Company of Missouri (E.D. This article was initially published in Volume 30 of the Fordham Urban Law Journal and is republished with permission. even for an emotional support animal" . The Division's complaint, filed on September 1, 2005, alleged that the defendants refused to rent an apartment to a woman and her ten year old daughter, implemented rental practices that discriminated based on familial status, and made discriminatory statements. On May 4, 2015, the court entered a consent orderresolving United States v. J & R Associates (D. United States v. Nistler (D. Mont) (Nistler II), United States v. Nixon State Bank (W.D. Recent New York appellate decisions will impact municipal tort litigation. | Last updated August 18, 2017. 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. United States v. First National Bank of Doa Ana County (D. N.M.), United States v. First National Bank of Gordon (D. ), United States v. Hilltowne Apartments (N.D. Miss. Cummings v. Premier Rehab Keller, P.L.L.C., which the Supreme Court will hear on Tuesday, is about the types of remedies that plaintiffs may recover when they prove violations of certain federal anti-discrimination laws in particular, whether such plaintiffs may recover damages for emotional distress.The facts of Cummings involve emotional distress damages for discrimination based on . Pa.), United States v. Brazoria Manor Apartments, Ltd. (S.D. By Josh Bowers. On September 29, 2020, the court entered a consent order in United States v. Target Recovery Towing (M.D. United States v. Chandler Gardens Realty, Inc. (D. The United States notes that the Supreme Court in 1981 held that a university could not discriminate against student groups and speakers based on their desire to use a generally open forum to engage in religious worship and discussion, and that later cases make clear this applies to other types of forums opened up by governments. The complaint alleges that Joseph Centanni, the owner and manager of rental properties in and around Elizabeth, New Jersey, violated the Fair The complaint, which was filed on December 19, 1995, alleged the defendants discriminated on the basis of familial status when the defendants' employees harassed tenant families by yelling obscenities at young children and threatening parents with eviction for minor infractions of rules that imposed unreasonable and discriminatory restrictions on children. La.). 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 . Chicago Human Rights Ordinance. Miss.). The agreement also includes injunctive relief, including permanently barring Hatfield from participating in the rental, sale, or financing of residential properties. Discrimination is a public health issue. Tenn.). On July 18, 2017, the United States Attorneys Office entered into a settlement agreement in United States v. Trump Village Section IV Inc. United States v. Municipal Housing Agency of Council Bluffs, Iowa (S.D. However, other federal, state, and local laws may apply to a claim, which do not have this cap on damages; Emotional . Pa.), United States v. Park City Communities (f.k.a. 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. Miss. United States v. Fort Davis State Bank (W.D. The agreement further requires Southwind Village to take steps to ensure that African Americans are no longer restricted from renting recreational vehicle lots at Southwind Village Mobile Home Park, located at 1269 River Road in North Fort Myers, and to provide periodic reports to the government. On March 25, 2019, the United States Attorney's Office filed a complaint and proposed consent decree in United States v. 118 East 60th Owners, Inc. United States v. Tel-Clinton Trailer Courts, Inc. (E.D. ), United States v.Webster AV Management LLC (formerly United States v. Strulovitch(S.D.N.Y. Sadly, landlords and house owners causing potential tenants physical and emotional harm in housing discrimination cases is common. 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. ), United States v. Wallschlaeger (S.D. Fla.), a Fair Housing Act pattern or practice case developed by the Division's Fair Housing Testing Program. On May 24, 2017, the court entered a final partial consent decree in United States v. Albanese Organization, Inc. See Seaton v. Sky Realty Co., 491 F.2d 634, 636-38 (7th Cir. When she sold her home to move closer to the new base, Homecomings denied MSgt Gomez's request to waive the prepayment penalty on her residential mortgage loan. USAA's injunction lawsuit alleged that federal banking law preempts state agencies, including PHRC, which enforce state laws prohibiting lending discrimination from investigating a federally chartered bank. Under the settlement agreement, the defendants agree to pay Ms. Poeschel $30,000 in damages and attorneys fees and to adopt a new reasonable accommodation policy. EFFECTIVE DATE: July 14, 1992. On or about December 17, 2001, Guy Emery and Zellpac, Inc., refused to rent to plaintiff's mother. The complaint, filed on March 6, 2017, alleged the defendants denied a reasonable accommodation request to allow the HUD complainants to keep an assistance animal at an extended-stay hotel. On September 8, 2020, the Division sought leave to file an Amended Complaint, which alleges that this revised ordinance continues to impose a substantial burden on the AMAAs exercise of religion, in violation of RLUIPA. The consent order requires the Housing Authority to institute broad reforms to safeguard the rights of individuals with disabilities, including revising its policies and processes for handling reasonable accommodation requests and developing an inventory of accessible units for tenants with mobility, vision, and hearing-related disabilities. The Justice Department has been pursuing a number of banks over alleged discrimination. ), United States v. Housing Authority of the City of San Buenaventura (C.D. In some cases, people of color are outright denied a lease or mortgage because of their skin color, while in others, they are steered towards specific neighborhoods known for high crime rates, poorer access to schools, or other negative characteristics. Hunter v. The District of Columbia (D.D.C. The consent order has a three year term. The consent decree requires defendants to pay $11,000 in damages to the estate of the complainant. On August 26, 2019, the court approved and entered a Stipulation and Order of Settlement and Dismissal of the United States claims against the architectural defendant in United States v. Silverstein Properties, Inc. (W.D.N.C. The amended complaint added No Joke Properties, Inc., as a corporate defendant that managed some of the properties where the alleged discrimination occurred. On August 2, 2019, the court entered a consent decree resolving United States v. Shur-Way Moving and Cartage (N.D. Ill.). The amended complaint removes Defendant John or Jane Doe and names Rosemarie Pelfrey as the Personal Representative of the Estate of Walter Ray Pelfrey. Prashads alleged conduct includes making unwelcome sexual advances and comments; engaging in unwanted sexual touching; offering to grant tangible housing benefits in exchange for engaging in sexual acts; refusing to provide maintenance or taking adverse housing actions against female tenants who resisted or objected; intimidating female tenants by monitoring them from outside their apartments or rooms; and, after receiving notice of Besaws sexual harassment of female tenants, failing to take any action to prevent Besaw from future sexual harassment. The complaint further alleged that Defendant Jarrah used racial slurs when explicitly instructing employees to exclude African-American, Hispanic and Asian-American patrons from the bar. ), 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. Racial discrimination in housing is not only morally wrong, but it also perpetuates socioeconomic disparities between racial groups. )), United States v. Evolve Bank & Trust (W.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 settlement resolves allegations that J & R Associates discriminated against tenants of South Asian descent in violation of the Fair Housing Act, which prohibits housing discrimination on the basis of race and national origin. A partial consent decreewith the developer defendants entered on January 12, 2017 provides for standard injunctive relief, coverage of an additional property developed by the defendants, retrofits of non-compliant features, payments of $480,000-$960,000 to aggrieved persons and a $50,000 civil penalty. United States v. Silverstein Properties, Inc. Here are some examples of housing discrimination. A pattern of practice claim was later added. (C.D. Del. To view the content in your browser, please download Adobe Reader or, alternately, INTRODUCTION With the United States Supreme Court's condemnation of legal segregation in Brown v. Board of Education (1) in 1954, and a vigorous civil rights movement that led to the passage of the 1964 Civil Rights Act, (2) the nation entered the beginning of a new era in race relations. ), United States v. First Site Commercial Inc. (C.D. Mass. 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"). Have you been a victim of housing discrimination by a denial of housing, or unfair terms based on your race, religion, or other protected characteristic? United States v. ADI Management, Inc. This implies that proving the existence of discriminatory behavior against a protected class will be a difficult task. ), United States v. Reeves & Red Oaks Assisted Living, Inc. (D. Alaska), United States v. Regent Court Apartments, LLC (E.D. INTRODUCTION With the United States Supreme Court's condemnation of legal segregation in Brown v. Board of Education (1) in 1954, and a vigorous civil rights movement that led to the passage of the. On September 30 2020, the United States filed a complaint in United States v. Hawaii Student Suites, Inc. (D. Mass. 42 USC 1981a (c). Miss. The court ordered Springfield to submit a remedial plan to cure these violations within 90 days. A PDF Reader is necessary to view these files. court also granted the United States motion to amend the case caption. Fordham Urb. 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. Ga.). you may Download the file to your hard drive. (S.D.N.Y.). ), United States v. City of Saraland, Alabama and Saraland Board of Adjustment (S.D. On April 28, 2011, the United States filed a statement of interest in support of the Pennsylvania Human Relations Commission (PHRC). Copyright 2003 Gale, Cengage Learning. The consent order also provides for extensive injunctive relief, including fair housing training, reporting requirements, and the resignation of the president of the condominium board. United States v. Bensalem Township (E.D. Md. Hargraves v. Capitol City Mortgage Corp. On October 6, 2021, the court entered a consent order in United States v. Md.). Va.), a Servicemembers Civil Relief Act (SCRA) pattern or practice case. (E.D. The consent decree will remain it effect for seven years. We did not take a position on the merits, but set out our view as to the applicable legal principles. A .gov website belongs to an official government organization in the United States. 83 (1981), without reference to more recent discrimination cases or the two more recent versions of Schwemm's work. Pa.), Estes. On November 6, 2009, the court issued an order on summary judgment resolving "a question of first impression" by adopting the United States' position that Section 537 of the SCRA is a strict liability statute and finding that servicemembers need not notify towing companies of their active duty status in order to benefit from the SCRA's protections. However, it is essential to note that most racial, age, or religious discrimination cases in housing go unreported. Wis.). The United States' complaint, which was filed on May 13, 2004, alleged the condominium association engaged in a pattern or practice of discrimination on the basis of disability when they established a written policy prohibiting persons in wheelchairs from using the front door to the condominium building and when they applied that policy to a ten-year-old boy who uses a wheelchair who lives in the building. Learn more about FindLaws newsletters, including our terms of use and privacy policy. United States v. Pacific Life Ins. Mich.), United States v. Van Raden Properties, Inc. (D. Minn.), United States v. Village of Addison (N.D. Ill.). The consent order requires the city to permit the AICC to construct a mosque in the city. 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. at pp. The consent order also requires payment of $135,000.00 in compensatory damages to a victims' fund, and $7500.00 in a civil penalty. The United States further argue that plaintiffs do not need to prove that defendant was on notice regarding the alleged discrimination, but that, in any case, plaintiffs have offered evidence that defendant was on notice. (D. Pa.), United States v. Spring Valley Properties (C.D. 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. (S.D.N.Y.). 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. The court entered the consent order on September 30, 2020. 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. This Article explores relevant social science data and examines how it affects the analysis and understanding of evidence of emotional harm. The case was originally referred to the Division after the Department of Housing and Urban Development (HUD) received several complaints, conducted an investigation and issued charges of discrimination. 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. This, and future civil rights legislation, would be characterized by the development of a national agenda for ending discrimination and promoting equality. . Under the settlement agreement, Daniel Belshaw must pay $2,595 in damages to the servicemember, pay a civil penalty of $1,595 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. United States v. Walker d/b/a The Knights (M.D. Miss. The complaint alleged that the defendants engaged in a pattern or practice of designing and constructing multifamily housing developments or denying rights to a group of persons in violation of the Fair Housing Act (FHA), 42 U.S.C. United States v. Bedford Development LLC (S.D.N.Y.). The complaint alleges that the Ramapough sought to worship communally and erect religious structures, including a sweat lodge and prayer circle, on their land, but that the Township tried to bar the tribe's worship practices by rescinding a zoning permit that authorized religious worship, limiting the number of people permitted on the property to worship, demanding the removal of structures central to the Ramapoughs worship, issuing large fines, and initiating civil and criminal enforcement proceedings. The court relied heavily on Seaton, 491 F.2d 634 and Robert G. Schwemm, Compensatory Damages and Federal Fair Housing Cases, 16 Harv. On July 14, 2020, the court entered a consent order in United States v. 111 East 88th Partners (S.D.N.Y.). Gov. Va.). ), United States v. Workman Family Trust (N.D. 32. v. Penasquitos Casablanca Owner's Association (9th Cir.). On April 1, 2005, the court entered a consent order resolving United States v. B&S Properties of St. Bernard, L.L.C. 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. United States & Stadtlander v. Warren Properties, Inc. (S.D. ), 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. The complaint specifically alleges that Troy (1) imposed an unjustified substantial burden on Adams exercise of religion when it denied Adams variance requests that would have allowed Adam to worship at the building and (2) violated RLUIPAs equal terms provision by requiring places of worship to abide by more onerous zoning restrictions than places of nonreligious assembly. The settlement agreement requires the defendants to pay the complainant $20,000 and to comply with the Fair Housing Act. (N.D. Ohio). Under the terms of the consent decree the Village shall: pay $5,000 to each of the forty-four households in Green Oaks who were relocated as a result of the Village's acquisition and/or removal of buildings prior to the entry of this consent decree; establish a fund in the amount of $100,000 for private plaintiffs representing the class pursuant to the notice; pay $1, 000 to any household displaced in the center core of Green Oaks Courts pursuant to the implementation of the Plan; pay $60,000 to Hispanics United of DuPage County, the Hispanic Council, and the Leadership Council for Metropolitan Open Communities; pay $30,000 into an interest-bearing account to be used in furtherance of fair housing in Addison by enhancing awareness of the requirements of federal fair housing laws. ), 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. (E.D.N.Y.). Part II discusses the issue of bias in the process of reviewing discrimination cases from the perspective of critical race theory and recent social science data. 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. The complaint alleges that the defendant violated 50 U.S.C. The complaint seeks injunctive and declaratory relief. United States v. Friedman Residence, LLC (S.D.N.Y. Wis.). The complaint, filed on October 9, 2018, alleged Dyersburg Apartments, Ltd. and MACO Management Company, Inc. discriminated on the basis of race, in violation of the Fair Housing Act, when they denied the rental application of the complainant, who is Black, because of his criminal record, despite contemporaneously approving the rental applications of two whitetenants with felony convictions. Tex.). The city has also agreed to publicize its non-discrimination policies and practices, undergo training on the requirements of RLUIPA, and report periodically to the Justice Department. The complaint, filed on May 18, 2015, alleged a pattern or practice of discrimination based on familial status by the corporate owner and agent of a 173-lot mobile home park in Crown Point, Indiana. Fla. ), United States v. First Site Commercial Inc. ( C.D may Download the file to your hard.! Of banks over alleged discrimination Corp. ( C.D been pursuing a number of banks over alleged.... 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Bank and Trust Company of Missouri ( E.D ordered Springfield to submit a remedial plan to cure these within! The rental, sale, or financing of residential Properties court also the. Residential Properties out our view as to the estate of the Fordham Urban Law Journal is... Of Lake Station ( N.D be characterized by the Division 's Fair Housing Act including permanently barring from. 9Th Cir. ) file to your hard drive as to the estate of the estate the! September 30, 2020, the court entered a consent order in States. And City of San Buenaventura ( C.D Owners causing potential tenants physical and emotional harm in Housing is only. Amended complaint removes defendant John or Jane Doe and names Rosemarie Pelfrey as the Personal Representative of City. Act pattern or practice case developed by the development of a national agenda for ending discrimination and promoting.... Of Walter Ray Pelfrey and had granted permission for the construction of the mosque, for example, may to. 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emotional harm in housing discrimination cases