On February 14, 2011, the United States Court of Appeals for the Fourth Circuit issued an opinion holding that the SCRA amendments providing an express private right of action for damages should apply to this case. Pa.), United States v. Spring Valley Properties (C.D. United States v. 118 East 60th Owners, Inc. In addition, the Village will also take a number of actions to guard against further housing discrimination, including training elected officials and individuals involved in the planning process, developing a fair housing policy, and hiring a fair housing compliance officer. Emotional distress damages are potentially applicable in situations involving housing discrimination, injuries due to a landlord's neglect, uninhabitable housing, and many other instances. Document Number Case Name Order Date Issued; 05-89-0306-1: Sec. In denying the motion, the court agreed with our argument that (1) assuming this to be true, it would not affect our entitlement to recover under an intentional discrimination theory, and (2) whether Unity House complied with the state law involves disputed issues of fact. In the consent order, filed on June 20, 2001, the Defendants agreed to pay $5,000 in damages to the complainant and her son. In a related matter resolved in 2015, J & R Associates agreed to make changes to its rental practices to resolve allegations that it had been steering families with children to certain buildings and units in violation of the Fair Housing Act. Two major health care rights cases made it to the Supreme Court this year. (S.D.N.Y. 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 . 3931 and 3955, when they: (1) obtained default judgments against servicemember-tenants without filing an affidavit disclosing the tenants military status to the court; and (2) imposed early termination fees on servicemembers who terminated their leases pursuant to military orders. Mass. Specifically, the complaint alleged that the defendants violated 42 U.S.C. The complaint alleged that the City had previously certified that this use was consistent with the Citys zoning code, but the City reversed itself in response to intense community pressure based on stereotypes about prospective residents with disabilities. This case was handled primarily by the U.S. Attorney's Office. ), a Fair Housing Act election and pattern or practice case. United States v. Bedford Development LLC (S.D.N.Y.). 2. Cal. On August 26, 2019, the court entered a consent order resolving United States v. Hubbard Properties, Inc. et al. Feedback | United States v. Twining Services Corporation ("TSC") (E.D. Copyright 2023 Farlex, Inc. | Haw.). Faculty Publications Ill.) (consolidated with Valencia v. City of Springfield (C.D. Cal. On or about August 12, 1993, the Village Board of Trustees adopted Ordinance Number 256, entitled Village of Hatch Comprehensive Zoning Ordinance ("the 1993 zoning ordinance"). 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. (W.D.N.C. This case was referred to the Division by HUD as a pattern or practice case. Request PDF | On Jan 10, 2011, Saadi Lahlou and others published Conclusions: Steps towards more sutainble energy use in housing | Find, read and cite all the research you need on ResearchGate On June 25, 2020 the court entered a consent decree in United States v. Heritage Senior Living, LLC (E. D. Pa.). The law certainly stands as a bold and optimistic proclamation. 4. United States v. Creekside Condominium Owners Assn (D. Colo.). On September 18, 2017, the United States filed a complaint and executed a settlement agreement in United States v. CitiFinancial Credit Co. (N.D. Cal. (E.D.N.Y.) On March 1, 2017, the court entered a consent order in United States v. City of Sterling Heights (E.D. ), United States v. West Creek, L.L.C. The complaint alleges that the owner and property manager Matthew Adam Properties of a 232-unit housing cooperative in New York, NY violated the Fair Housing Act by refusing to allow a tenant with Obsessive Compulsive Disorder to keep an emotional support beagle in his unit. Mass. The complaint alleges that the defendants discriminated on the basis of familial status by adopting policies and practices that prohibited children from using amenities at the apartment complex without adult supervision. Rivers & Associates, Inc., the architectural firm that designed the complex, must: (1) pay a $5,000 civil penalty; (2) donate 100-hours of technical assistance to non-profit organizations that serve the housing needs of persons with disabilities in the Greenville community; and (3) contribute to any amount paid to compensate aggrieved persons by Aldridge & Southerland. Cal.). The Coalition reported that on September 23, 2001, a young Indian-American Sikh was told by a manager to remove his turban or leave at its Springfield, Virginia club. On November 30, 2012, the court entered a consent decree in United States v. Geneva Terrace (W.D. Pa.). Cal.). adding water to reduce alcohol in wine. The settlement agreement requires the defendants to pay $15,000 to the plaintiff/intervenor and her minor children. The Parish appealed the decision to the Court of Appeals for the Fifth Circuit, arguing that the Fair Housing Act protections for persons with disabilities are unconstitutional. 3604(a), (b), (c) and 3617. Wis.), United States v. Capital One, N.A. Tex. 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. On October 22, 2010, the court entered a consent order in United States v. Autumn Ridge Condominium Association, Inc. (N.D. ), a Fair Housing Act case. 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. On August 10, 2018, the United States entered into a settlement agreement resolving United States v. Irvin (W.D. On May 4, 2015, the court entered a consent orderresolving United States v. J & R Associates (D. The complaint, filed on March 28, 2018, alleged that Defendant California Auto Finance, a subprime auto lender in Orange County, CA,violated the Servicemember Civil Relief Act (SCRA) by repossessing protected servicemembers motor vehicles without obtaining the necessary court orders. On September 25, 2002, the court entered the consent decreein United States v. The John Buck Company (N.D. Ill.). v. Baumgardner, Thomas C. 11/15/1990: . Pursuant to the consent order, Epcon Communities, Inc. and Epcon Communities Franchising, Inc. must pay up to $2,200,000 to correct inaccessible features in the common areas of the properties and within the individual units. ), United States v. Perlick Family Trust (E.D. 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. Tex. ), United States v. Trinity Villas, Inc. (M.D. The complaint also alleged that the denial imposed a substantial burden on the religious exercise of the community intending to build a mosque without a compelling governmental justification pursued through the least restrictive means and discriminated against the community based on religion or religious denomination. Cal. On July 28, 2020, the United States filed a complaint in United States v. Vandelay Group (E.D. 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. Since then, courts have often awarded damages to victims of housing discrimination, but their decisions have provided little guidance for assessing the amount of such awards. Compounding the problem is the . United States v. Witherington (S.D. The most obvious form of religion-based discrimination is when a landlord informs prospective tenants that a specific apartment is unavailable because the landlord does not want to rent to people of a particular religion. The complaint was filed on March 21, 2018 and alleges that the defendants, who own and manage rental properties in Cincinnati, Ohio, 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. In September 2018, the Ramapough Mountain Indians, a Native American tribe, moved to file an amended complaint (Complaint) alleging RLUIPA claims against the Township of Mahwah, NJ (Township). This casewas based on evidence generated through the Division's Fair Housing Testing Program. The modification agreement covers three additional properties in Las Vegas, Nevada, and includes provisions requiring Pulte to annually notify current owners, for a period of three years, of their option to have Pulte retrofit their units at no expense to them in order to bring them in compliance with the Act, as well as to report to the United States the names and addresses of those persons who elect to have their units retrofitted. Wis.). 1-877-979-FAIR info@fhcmichigan.org The court keeps the churchs requests for damages and declaratory relief, however, and orders that the private parties work the issue of damages out amongst themselves. 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. United States v. Tunica County School District (N.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. Mass. The consent decree will remain in effect for three (3) years. The Office of the Comptroller of the Currency referred this matter to us. at 27. Damages for emotional distress in these cases are only excluded to the extent of paid medical expenses. Prior to entering into the settlement agreement, the defendant had granted the complainants request for a unit transfer. On February 1, 2018, the United States entered into a settlement agreement resolvingUnited States v. Jarrah(S.D. The Township opposed the Ramapoughs motion to amend, arguing that the complaint failed to allege facts sufficient to state claims under RLUIPA and that the RLUIPA claims were not ripe for judicial review. United States v. County of Los Angeles (Antelope Valley) (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. The judgment awards civil penalties of $55,000 against Anthony James, $30,000 against Christopher Terrill James, and $5,000 against Kisha James; and prohibited Anthony James and Christopher Terrill James from directly or indirectly participating in property management at residential rental properties in the future. The complaint alleged that the defendants, the owners and managers of Joe's nightclub, one of the largest night clubs in Wichita, Kansas which was formerly known as Acapulco Joe's, discriminated against Latino and African American patrons and potential patrons. ), United States v. Dyersburg Apartments, Ltd. (W.D. The additional amount shall be at least 125 of the amount paid to the owners by the Village at the time of acquisition. Cal. Tex.). Discrimination of this type can take the form of refusing to rent or sell to someone based on their national origin, or imposing different terms or conditions on people of different nationalities. 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 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. The judge also refused to let the jury consider whether to grant punitive damages. The complaint which was filed on May 13, 2020 alleged that the defendants engaged in unlawful discrimination by creating and implementing a series of discriminatory tenant occupancy and eligibility policies and practices that exclude persons with disabilities. 2000). On September 28, 2017, the United States Attorneys Office executed a, denied defendants' motion for summary judgment, denied the Countys Motion for Summary Judgment, stipulation and order of settlement and dismissal, Memorandum of Understanding among the Department of Treasury, HUD and the Department of Justice, Settlement Agreement between the United States and the Louisiana State Bond Commission, Settlement Agreement between the United States and the City of New Orleans, Sixth Circuit Court of Appeals affirmed the decision, United States v. Equity Residential (S.D.N.Y. Cal. 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. Fortune Society, Inc. v. Sandcastle Towers Housing Development Fund Corp. However, it is often unreported. ),a Fair Housing ActHUD election referral. (See, e.g., id. ), 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 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. Ala.), United States v. City of Springfield (C.D. United States and State of North Carolina v. Auto Fare, Inc. On March 18, 2019, the United States filed a Statement of Interest in Ramapough Mountain Indians, Inc. v. Township of Mahwah (D. N.J.), a case brought under the Religious Land Use and Institutionalized Persons Act (RLUIPA). Mich.). Va.), United States v. C.F. Mich.), United States v. Testa Family Enterprises (N.D. Ohio), United States v. Texas Champion Bank (S.D. The complaint alleges that the Town violated the Fair Housing Act by refusing to grant the request for a reasonable accommodation or reasonable modification by a homeowner, who sought a zoning variance to build a carport on her property because of her disability. Discrimination in housing and inequality must be addressed more thoroughly. 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. For employers with 101-200 employees, the limit is $100,000. The consent decree requires the defendants to pay $16,000 to the HUD complainant, continue to allow him to keep an emotional support animal, waive all claims against him for attorneys fees, create a new reasonable accommodations policy, obtain fair housing training and be subjected to various reporting and recordkeeping requirements. The consent decree will remain in effect for five years. (S.D.N.Y. The case was handled by the Departments Housing and Civil Enforcement Section within the Civil Rights Division. As a result, people of certain backgrounds have a more difficult time finding safe, affordable housing, lowering the overall quality of life in American society and undermining the fundamental principles of fairness and equality. The consent decree requires the defendants to: adopt uniform, non-discriminatory standards, policies and procedures; provide training for employees on the requirements of the Fair Housing Act; maintain records and submit bi-annual reports to the Division, and pay a $9,000 civil penalty. Cal. The record states two claims for retaliation, one for the refusal to renew the Complainant's lease and one for the giving of poor, untrue housing references. 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. 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. ), United States v. Township of Jackson and Jackson Planning Board (D. N.J.), United States v. Toyota Motor Credit Corp. (C.D. Cal. SUBJECT: Enforcement Guidance: Compensatory and Punitive Damages Available under 102 of the Civil Rights Act of 1991. 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. Pa.), United States v. Brazoria Manor Apartments, Ltd. (S.D. Mich.), United States v. RSC Development Group, Inc. (N.D. Ill.), United States v. Rutherford County, Tennessee (M.D. ), United States v. Wellston Corporation d/b/a Wellston Properties (E.D. United States v. Cunat Bros., Inc. (N.D. Ill.), United States v. Dalton Township, Michigan (W.D. Menu Christian Fellowship Centers of NY, Inc. v. Village of Canton, NY(N.D.N.Y.). Neb.). On May 10, 2013, the court entered a consent decree resolving United States v. Clarendon Hill Somerville, LP (D.Mass. On May 2, 2012, the court entered a consent order in United States v. B.C. (E.D.N.C. The allegations were based on evidence generated by the Fair Housing Center of Southeastern Michigan. The consent order requires defendants to implement a number of specific practices to ensure that loan terms are offered to customers on a nondiscriminatory basis, including developing written policies to govern financing decisions, posting and distributing nondiscrimination notices to potential purchasers, attending training on the requirements of the Equal Opportunity Act, and engaging in ongoing record keeping and reporting to the United States. All rights reserved. Mass. Making assumptions about someone's abilities or character based on their ethnicity and basing a housing decision on that is also an example of national origin discrimination. An official website of the United States government. Statements by Village officials indicate that a purpose of the 1990 and 1993 zoning ordinances was to remove permanent resident aliens of Mexican national origin from the Village, and to help insure that such persons would not reside in the Village in the future. v. Moline Builders, et al. Wash.), United States v. Vandelay Group (E.D. Gov. Cal. ), United States v. Madrid d/b/a Trinity House Living Services (D. N.M.). ), United States v. Father & Son Moving & Storage (D. 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. Cal. ), 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. 358, 359- 360, 375 & fn. The court entered the consent decree on July 18, 2019. For webmasters |. Both the trial court and the U.S. Court of Appeals for the 5th Circuit held that damages for . The Defendant Emery responded "so sue me." United States v. Walker d/b/a The Knights (M.D. (S.D.N.Y.). The lawsuit further alleges that Alberta Lowery and GTP Investment Properties, LLC, the owner and successor-in-interest to the owner of properties at which both sex and race discrimination occurred, are vicariously liable for Prices actions because he managed the properties on their behalf. Practically, this decision means that while emotional injury is often the primary, and at times the only, harm caused by discrimination, victims will not be able seek justice.Without emotional distress remedies, many discrimination cases in progress will be thrown out, and future cases will not be taken up by lawyers at all. Research has found that the experience of discriminationwhen perceived as suchcan lead to a cascade of stress-related emotional, physical, and behavioral changes. The case was referred to the Division after the Department of Housing and Urban Development received a complaint, conducted an investigation, and issued a charge of discrimination.. United States v. Hudson Valley Federal Credit Union (S.D.N.Y. ), United States v. Housing Authority of the County of Los Angeles, City of Lancaster, California, and City of Palmdale, California (C.D. ), United States v. Stealth Investments, LLC (D. Idaho), United States v. Stevens and Anstine d/b/a Knollwood Partners (E.D. Fla.), United States v. Cedar Builders, Inc. (E.D. On May 18, 2016, the court entered a consent decree in United States v. Gentle Manor Estates, LLC (N.D. United States v. City of Janesville (N.D. Iowa), United States v. City of Johnstown, Pa. (W.D. 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. 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