On June 13, 2019, the United States filed the complaint and proposed settlement. The complaint alleged that from 2011 to at least 2017, First Merchants violated the Fair Housing Act and Equal Credit Opportunity Act on the basis of race by engaging in unlawful redlining in Indianapolis by intentionally avoiding predominantly African-American neighborhoods. ), United States v. Bank of America Corp., Citibank, NA, JPMorgan Chase & Co., Ally Financial, Inc. and Wells Fargo & Co. (E.D. In late November 2001, the complainant responded to an ad in the local newspaper for an apartment and told defendant Guy Emery that he was looking for an apartment for his mother who used a wheelchair. Neb. ), Texas Department of Housing and Community Affairs v. The Inclusive Communities Project, Inc. (S. Ct.), Settlement Agreement U.S. and Tiberti-Blood, Inc., John David Burke, L.R. Cal. Del.). The testing evidence showed that Somali testers were told to make appointments to see apartments, whereas white testers were shown apartments when they walked in. Emotional harm in housing discrimination cases: a new look at a lingering problem. Everyone, regardless of their background, should have the same opportunity to find a decent place to live. The consent order also contains provisions for monitoring of Pioneer Village's tenant and applicant records, and for requiring the defendants to advertise to the public in accordance with HUD's fair housing advertising guidelines. The matter was settled and dismissed on March 27, 2002. 2. This case was the Department's first challenge, under the Fair Housing Act, to racial discrimination in the provision of homeowner's insurance. ), United States v. City of Parma (N.D. Ohio), United States v. City of Payette, Idaho (D. Idaho), United States v. City of Petal (S.D. The Village will pay $25,000 in monetary damages to the owner, and $7,500 to each of two residents who were forced to leave the home in 2003, as well as a $15,000 civil penalty. Worse yet, age discrimination is not explicitly forbidden by the Fair Housing Acts federal law. United States v. Hialeah Housing Auth. Fla.). On December 15, 2015, the court entered a partial consent decree in United States v. Southwind Village, LLC (M.D. The complaint alleges that Joseph Centanni, the owner and manager of rental properties in and around Elizabeth, New Jersey, violated the Fair ), United States v. California Auto Finance(C.D. Firms. Wash.), United States v. Boyers' Personal Care Homes (W.D. Verify that the taxpayer reported taxable amounts at gross rather than reporting them net The case was originally 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. ), a Fair Housing Act election case. Thecomplaint, which was filed on January 19, 2001, alleged that a developer and an architect failed to design and construct a 226-unit apartment complex in Greenville, North Carolina, with the features of accessible and adaptable design required by the Fair Housing Act. The amended complaint added No Joke Properties, Inc., as a corporate defendant that managed some of the properties where the alleged discrimination occurred. 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. Tenn.), Metropolitan St. Louis Equal Housing Opportunity Council v. Gundacker Real Estate, Co. (E.D. As a consequence, some Spanish-language applicants were denied credit on a discriminatory basis. Ga.), United States v. City of Chicago Heights (N.D. Ill.), United States v. City and County of Honolulu (D. ), a Fair Housing Act election case. Finding a place to live, acquiring lodging, or purchasing a home fulfills our basic needs of shelter, but also provides a sense of comfort and security. Others criticize the limited enforcement it has received, but most agree that persistent opposition to the integration of our housing market has left Title VIII as an ironic component of the civil rights arsenal. Specifically, the complaint alleged that the Townships denial of a variance imposed a substantial burden on the Bensalem Masjids religious exercise, treated the Bensalem Masjid less favorably than the Township treated nonreligious assemblies, and discriminated against the Bensalem Masjid on the basis of religion. There has always been wide discretion to set damages for emotional distress in Fair Housing cases. Fla.), United States v. MEM Property Management Corp. (D. N.J.), United States v. Mennino Place, LP (D. N.H.). United States v. Town of Lake Hunting and Fishing Club (C.D. Neb. Equal Rights Center v. Post Properties (D.D.C. Wis.), United States ex rel. Unfortunately, landlords in the United States may attempt to evict tenants with disabilities, refuse to make necessary repairs, or add accessibility features to their units. The consent decree will remain in effect for five years. On August 5, 2020, the United States filed a complaint in United States v. Centanni (D. N.J.). United States v. Westfield Partners (E.D. 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. Wis.), United States v. Capital One, N.A. W. Va.), United States v. Kent State University (N.D. Ohio), United States v. Kips Bay Towers Condominium, Inc. The brief argues that 1) violations of the HUD Fair Housing Amendments Act Guidelines establish a prima facie case that the Act's design and construction provisions have been violated, which may be overcome only by showing compliance with a comparable, objective accessibility standard; and 2) the failure to design and construct accessible multifamily housing is a discrete violation of the Fair Housing Act and does not require that an individual be denied housing based on disability. The Supreme Court denied certiorari on March 5, 2001. L.J. A small claims case is also a civil lawsuit. Contact us. ), United States v. AIG Federal Savings Bank and Wilmington Finance, Inc. (D. You can also contact your state's fair housing agency or the human rights commission of your local government. Accessibility Statement. Haw.). United States v. Cherrywood & Associates, LP (D. Idaho), United States v. Chevy Chase Bank (D.D.C. 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. This fianl consent decree resolves allegations against the architect of the Verdesian, SLCE Architects, LLP. On November 16, 2018, the United States filed a complaint in United States v. Town of Irmo (D. S.C.), based on a land-use or zoning referral from the Department of Housing and Urban Development. Auth. Infliction of emotional distress is a tort, which is an action (or inaction) someone takes that injures someone else. United States v. JPI Construction, LP (N.D. Tenn.). ), United States. Referring to the plaintiff's complaint, the Supreme Court stated, "[T]he relief sought here-actual and punitive damages-is the traditional form of . United States v. Occoquan Forest Drive, LLC (E.D. The consent order requires the defendants to pay $12,500 to the HUD complainants and also requires standard injunctive relief including: fair housing training, report and record keeping and affirmative advertising. However, sometimes the circumstances of discrimination are so intolerable that a court will allow employees to recover under multiple legal claims, including intentional infliction of emotional distress (IIED). 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. Mich.). The Village agrees that it will provide relocation assistance to all households displaced by the Plan. Stress and health. The complaint, which was filed on May 26, 2015, alleged that the City implemented and enforced spacing requirements and overly restrictive fire code regulations for small group homes for individuals with intellectual or developmental disabilities, in violation of the Fair Housing Act and the Americans with Disabilities Act.The consent decree requires the City to pay $435,000 in monetary relief to 11 aggrieved individuals and a $15,000 civil penalty. (S.D.N.Y. In this case, plaintiffs allege that defendants' practice of permitting Nissan dealers to set finance charges at their discretion resulted in African-Americans paying higher finance charges, and that these higher charges could not be explained by non-discriminatory factors. This case involves a Secretary-initiated HUD complaint that elected, as well as a pattern-or-practice and group of persons claim. Va.). The consent order requires the city to permit the AICC to construct a mosque in the city. On September 8, 2004, the court entered a consent order resolving Trujillo v. Board of Directors of Triumvera Tower Condominium Association (N.D. Ill.). On September 14, 2007, the court entered a consent decree resolving United States and Spears v. Perlick Family Trust (E.D. United States v. United Tows LLC (N.D. It also alleged that the Housing Authority failed to meet its communitys need for accessible units many years after federal regulations and a voluntary compliance agreement with HUD required it to do so. The complaint, filed on December 5, 2001,and amended on December 12, 2001, alleged the defendants; the John Buck Company, JBC Evanston Limited Partnership, Church & Chicago Limited Partnership, Harry Weese Associates, and Gensler Architecture, Design & Planning Worldwide P.C., discriminated on the basis of disability by failing to design and construct the Park Evanston Apartments, a 283 unit hi-rise building in Evanston, Illinoisto be accessible to persons with disabilities in compliance with the Fair Housing Act. Ill.). Housing discrimination is more than a refusal to rent, sell, or finance housing. The court also held that Springfield, by maintaining and enforcing this ordinance, denied rights under the FHA to a group of persons and that the availability of community-based housing for persons with disabilities is most assuredly an issue of general public importance. The court further held that Springfield violated the FHA by refusing to make a reasonable accommodation for a group home with three residents with intellectual and physical disabilities. (W.D.N.C. Auth. 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. Makowsky Construction Company (W.D. 1:09cv287 (D. Below is a list of U.S. Supreme Court cases involving fair housing and housing discrimination, including links to the full text of the U.S. Supreme Court decisions. The Civil Rights Division intervened and filed a brief arguing that Congress had power to pass the legislation under both the Commerce Clause and the Fourteenth Amendment to the Constitution. 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. Chicago Human Rights Ordinance. Cal. United States v. Lexington Village Apartments and Hillcrest Village (D. N.J.), United States v. Little Rock Planning Commission (E.D. Share sensitive information only on official, secure websites. On March 15, 2016, the court entered a consent order in United States v. Mere (M.D. 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. The settlement agreement requires the defendants to pay the complainant $10,000 and to comply with the Fair Housing Act. On September 29, 2020, the United States filed a complaint and a consent order in United States v. Price (W.D. Mont. v. Moline Builders, et al. In the case, the plaintiffs allege that Facebook uses its data collection and advertising tools to segregate users of the platform into different groups by race and national origin. In the order, the court quoted the United States' Statement of Interest extensively. 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. United States v. Sleepy Hollow Estate, Inc. On June 29, 2017, the court entered aconsent decree in United States v. City of Jacksonville (M.D. 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. The defendants own and operate several apartment properties in and around Sylvester, Georgia. In order to settle the case and avoid additional litigation costs, the landlord agreed to pay $60,000.00 to one particular tenant, to pay a civil penalty of $10,000.00 to the federal government, and to pay $100,000.00 into an interest-bearing account to be distributed to other individuals who were harmed by the landlord's practices. 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. ), United States v. Pecan Terrace (W.D. The complaint, filed on October 17, 2019, alleged that the defendants failed to design and construct thirty-two (32) condominium properties in Ohio in a manner that complies with the accessibility requirements of the Fair Housing Act. 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 . The complaint, which was filed on July 20, 2017, alleged that the complainant, a mother of an infant child, visited the White Cliffs at Dover apartments to inquire about two-bedroom apartments, but was told that White Cliffs had a policy of placing families with children under the age of 10 in first floor units only, and that no first floor units were currently available, nor was there room on the waiting list for first floor units. 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. ; Landmark Engineering, Inc.; Hillcrest Associates, Inc.; Howard L. Robertson, Inc.; and Land Tech, L.L.C. Mont.). However, there are times when it is reported and victims take their grievances to court. The consent order also requires payment of $135,000.00 in compensatory damages to a victims' fund, and $7500.00 in a civil penalty. On October 6, 2021, the court entered a consent order in United States v. 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. P.R. United States v. Bensalem Township (E.D. The complaint, filed on September 10, 2020,alleged that ASAP engaged in a pattern or practice of violating the Servicemembers Civil Relief Act (SCRA) by auctioning, selling or otherwise disposing of 33 vehicles owned by SCRA-protected servicemembers without court orders. The complaint alleged that the defendants, who are the owners and operators of Traditions of Hanover, a senior living facility, violated the Fair Housing Act by, inter alia, enacting a policy that required residents who use wheelchairs to transfer from their wheelchairs into a dining room chair, enacting a policy that required residents who used motorized and non-motorized wheelchairs to pay a non-refundable deposit, and requiring residents to sign a lease that imposes conditions such as requiring an initial physical assessment as a requirement of tenancy and potential eviction if a resident develops certain health conditions. 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. Under the terms of the agreement, the company will pay a total of $226,000, including, $151,000 to the Fair Housing Council of Orange County, whose complaint led to the initiation of the litigation; at least $65,000 to install children's play equipment at six of their apartment complexes; and, $10,000 in civil penalties. United States v. Pittsfield Charter Township (E.D. For employers with 201-500 employees, the limit is $200,000. 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 complaint, filed October 26, 2011, alleged that Nicolai Quinn, the manager of the apartment complex, told prospective African-American renters that apartments were not available when they were, while telling prospective white renters that there were apartments available. Court Awards of Emotional Distress Damages Over $100,000 . The consent decree will remain in effect for five years. 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. The law certainly stands as a bold and optimistic proclamation. The consent decree also required the defendants to pay $13,000 to the HUD complainants. The complaint,which was filed on April 30, 2015, alleged the owner of the Royal Park Apartments, an eight-building multi-family residential complex with 224 units in North Attleboro, Massachusetts violated the Fair Housing Act by steering families with children into certain buildings, floors, and units. A trial was held in Benton, Illinois on June 19-20, 2006 in the case of United States v. Zellpac Inc. (S.D. > In this lawsuit against Capital City Mortgage Corp. and its president and Thomas Nash, private plaintiffs contend that the company targeted minorities for loans that were designed to fail, due to unfair payment terms and income levels of the borrowers that would not sustain the loan payments. The complaint alleged that Citi repossessed 164 automobiles between 2007 and 2010 from protected servicemembers without first obtaining court orders, in violation of Section 3952 of the Servicemembers Civil Relief Act (SCRA). Facebook moved to dismiss, arguing, among other things, that the Communications Decency Act immunizes it from the FHA. The Village shall implement a comprehensive Redevelopment Plan for affordable, multi-family, owner-occupied housing. 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. 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