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. On April 28, 2011, the United States filed a Statement of Interest in Congregation Etz Chaim v. City of Los Angeles (C.D. > The complaint alleged that PHH, one of the nations largest mortgage servicers, engaged in violations of the Servicemembers Civil Relief Act (SCRA), 50 U.S.C. (D. The complaint alleges that Nissan, which provides motor vehicle lending and leasing services, engaged in a pattern or practice of violating Section 3952 of the Servicemembers Civil Relief Act (SCRA) by repossessing vehicles owned by 113 protected servicemembers without the required court orders. Me.). extell development stock. 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. The complaint, which was filed on February 22, 2018, alleged that the defendant university discriminated on the basis of disability when itrefused to make a reasonable accommodation to allow a university employee who lived on campus to keep her emotional support animal in her university-owned apartment. On October 6, 2021, the court entered a consent order in United States v. $2.8 million Wrongful death, products liability case involving a tow motor accident at a sewage treatment plant. The agreement also requires Twin Creek to adopt new polices to prevent future violations of the SCRA. 3d 472 (SDNY March 1, 2016). Thecomplaint allegedthat the bank violated the Fair Housing Act and Equal Credit Opportunity Act on the basis of race andnational origin when itrefused to take mortgage loan applications from areas in Connecticut and Westchester County, New York with significantAfrican-American and Hispanic populations. ), United States v. Sarasota County Florida (M.D. On August 1, 2019, the United States filed a complaint and executed a settlement agreement in United States v. Nissan Motor Acceptance Corp. (M.D. Among other relief, the settlement agreements with defendants Omar Alcaraz, Araceli Castro, Oralia Gutierrez, Hortencia Leon, Raul Luna, Elena Ramirez, and David Spieker and Spieker Law Office, establish more than $148,000 in a restitution fund to reimburse victims for fees the defendants collected as part of their predatory scheme. On October 21, 2003, the court entered a consent decree resolving United States v. Pacific Northwest Electric (D. Idaho). ), a Fair Housing Act election case. These limits vary depending on the size of the employer: For employers with 15-100 employees, the limit is $50,000. Visit our attorney directory to find a lawyer near you who can help. > United States v. Gentle Manor Estates, LLC (N.D. United States v. ADI Management, Inc. 3953, that raise issues of significant public importance when it foreclosed on homes owned by six servicemembers without the required court orders. The consent order, includes equitable relief requiring that the defendant, among other items, undergo training, change its policies, and report semi-annually to the United States. 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 consent decree will require Bathrick to pay $360,000 to twelve aggrieved persons and $40,000 to the United States as a civil penalty, enjoin Bathrick from discriminating on the basis of sex, and require him to retain an independent management company to manage his rental properties. In August 2018, Cummings sued Premier Rehab, but sought damages only for her "emotional distress.". 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. As a result of the Justice Department's investigation, Homecomings has refunded MSgt Gomez's $9,144 prepayment penalty and has agreed to waive the prepayment penalties of servicemembers in the future who are transferred involuntarily to a base thirty miles or more from their current residence. 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 defendants have agreed to pay $400,000 in monetary damages to aggrieved persons, a $50,000 civil penalty. Mich.). Trujillo v. Board of Directors of Triumvera Tower Condominium Association (N.D. Ill.). ), United States v. The Valley Club of Huntingdon Valley (E.D. A mortgage lender may deny a qualified borrower's loan due to that persons apparent gender or perceived sexual orientation. On September 9, 2019, the United States filed a complaint in United States v. Prashad (D. 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. fn. United States v. PHH Mortgage Corp. (D. N.J.). On March 16, 2010, the case settled before the court ruled on the issue raised inthe United Statesamicus brief. Miss.). The complaint, which was filed on January 5, 2017, alleged the designers and developers of One River Place and Silver Towers in New York City violated the Fair Housing Act by failing to design and construct these properties so as to be accessible to persons with disabilities. Sadly, landlords and house owners causing potential tenants physical and emotional harm in housing discrimination cases is common. The Township also agreed to review and amend its zoning ordinance to comply with the requirements of RLUIPA and to advise its officials and employees about the requirements of RLUIPA, among other remedial measures. In Part III, this Article examines the cycles of ignorance that have contributed to an under-valuation of emotional harm in housing discrimination litigation. On November 19, 2019, the court entered a consent decree in United States v. Higgins (S.D.N.Y.). The settlement agreement requires the defendants to pay $25,000 to the complainant, adopt a new policy on reasonable accommodations and assistance animals in university housing, conduct fair housing training, and report to the United States on future requests for reasonable accommodations. ), a pattern or practice/election Fair Housing Act case. ), United States v. Lucky Joy Restaurant, Inc. Personal Injury and Medical Malpractice Case Verdicts and Settlements. 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. Miss. Cal. Groome and United States v. Jefferson Parrish (E.D. Code 52. Md. On October 15, 2020, the court entered a consent order resolving United States v. ASAP Towing & Storage Company (M.D. ), United States v. Resurrection Retirement Community, Inc. (N.D. Ill.), United States v. Richmond 10-72 LTD.(E.D. ), United States v. City of Pooler, GA (S.D. The complaint, which was filed on February 29, 2016, alleged that Thomas Mere, the owner and operator of a mobile home and recreational vehicle park, discriminated on the basis of race or color. 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. Fla.), United States v. Conn Credit I, LP, et al. The consent decree affects 289 ground floor apartments at Rockwood and West Creek Village and 133 condominium units at Bethany Bay Resort Community. Cal. This is a Fair Housing Act pattern or practice/election case, which was referred to the Division by HUD and alleges discrimination on the basis of familial status. Tex.). The complaint contended that the bank requested information from the applicant concerning the nature and severity of their disabilities when she sought a mortgage loan. ), United States v. COPOCO Community Credit Union (E.D. (E.D.N.C. 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. Tenn.). This, and future civil rights legislation, would be characterized by the development of a national agenda for ending discrimination and promoting equality. Pa.). Miss. Landlords, for example, may refuse to rent to someone because of their race or national origin. Turning Point Foundation v. DeStefano (D. Conn.). 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. The consent decree requires Shur-Way to pay $20,000 in damages to the servicemember, pay a $10,000 civil penalty, and revise its policies. United States v. Trumbull Housing Authority (N.D. Ohio), United States v. Trump Village Section IV Inc. Part of the geographic area from which mobile homes are banned under the 1993 zoning ordinance includes Elm Street, a neighborhood populated predominantly by permanent resident aliens of Mexican national origin at the time of the passage of the 1993 zoning ordinance. Tex.). ), alleging a pattern or practice of sexual harassment in violation of the Fair Housing Act. Terms of use | One woman testified that Johnson refused to give her keys to her apartment until she agreed to have sex with him. The complaint, filed on July 7, 1995, alleged that the Village of Addison violated the Fair Housing Act on the basis of national origin. Cal. Despite the relatively few debates and the near absence of any extensive record from committees, Congress finally passed the Civil Rights Act of 1968. ), United States v. Stone Legacy Corp. (W.D. ), United States v. Enclave Development, L.L.C. ), United States v. City of Santa Rosa (N.D. Ala.), United States v. Lawrence Downtown Holdings LLC (formerly United States v. Equity Residential)(S.D.N.Y. 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. 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. ), United States v. Fidelity Federal Bank (E.D.N.Y. On March 29, 2017, the court issued a memorandum opinion denying Culpeper Countys first motion to dismiss. The complaint further alleges that Besaw, who was employed by Prashad to assist with the management and maintenance of his rental properties, also sexually harassed and assaulted female tenants. On June 14, 2018, the complaint was amended to include a related entity called 3rd Generation, Inc. as a defendant. In addition to prohibiting future discrimination, the consent order requires the defendants to modify its admission and ID checking policies, train employees, advertise its new procedures and nondiscrimination policies in English and Spanish, and document its compliance efforts. The court also denied Springfields summary judgment motion against the United States, finding that a reasonable jury could award damages to the group home residents and their families and that there was evidence to support an award of civil penalties. On March 14, 2001, the United States entered into a settlement agreement with Trop-Edmond, L.P.; Trail Properties, Inc.; and Danielian Associates (respondents), thereby resolving the United States' claims that respondents discriminated on the basis of disability by failing to design and construct units at West Trop Condominiums in Las Vegas, Nevada, to make them accessible to persons with disabilities. On November 23, 2017, the United States Attorneys Office entered into a. , which was filed on August 28, 2015, alleges that the owners and manager of an eight-unit apartment complex in Sioux Falls, South Dakota violated the Fair Housing Act on the basis of disability by refusing to allow a tenant to return from a nursing facility to his unit if he was using a wheelchair because it could damage the carpet. The case was jointly handled with the United States Attorneys Office. Discrimination in rental housing is another example, which occurs when people are treated differently during the rental process because of any of these protected characteristics. La.). The complaint, which was filed on November 16, 2005, alleged that the defendants refused to sell property located in the Village of Sherman, County of Sagamon, Illinois to the HUD complainants because the planned use for the property was as a group home for adults with developmental disabilities. Mich.), United States v. Genesis Designer Homes (S.D. Both partial consent orders required the defendants to undergo training on the Fair Housing Act and to provide periodic reports to the government. On July 11, 2000, the United States filed an amicus curiae brief in support of plaintiffs in Cason v. Nissan Motor Acceptance Corporation (M.D. The complaint also alleged that the Township only permitted places of worship on properties zoned as part of the Institutional District, and no properties with that zoning designation were available in that district when the Bensalem Masjid acquired the property. 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. At issue was whether, under the Fair Housing Acts accessibility requirements for newly-constructed multifamily dwellings, the front door and walkway leading to a covered unit are required to be accessible to persons with disabilities. Respondent Danielian will conduct annual in-house training for a period of three years to its employees involved in the design of multi-family dwellings. On April 19, 2018, the United States entered into a settlement agreement resolving the allegations in United States v. Notre Dame de Namur University (N.D. Cal. (S.D.N.Y. Mo.). 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. 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. Va.), National Fair Housing Alliance, Inc. v. Spanos (N.D. Haw.). ), United States v. Saxon Mortgage Services, Inc. (N.D. The complaint also alleged that the City retaliated against Ability Housing when, in response to Ability Housings private FHA/ADA suit against the City, the City told a local nonprofit that it was prohibited from funding Ability Housing with money the nonprofit received from the City. Cal.). ), United States v. Fleetwood Capital Development, L.L.C. 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. United States v. Cunat Bros., Inc. (N.D. Ill.), United States v. Dalton Township, Michigan (W.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. Tenn.), United States v. City of New Berlin (E.D. United States and Consumer Financial Protection Bureau v. Provident Funding Associates (N.D. Home filed under the . United States v. Greenbrier Homeowners Association (D. Minn.), United States v. Grand Canyon Enterprises (D. Nev.), United States v. Government of Guam (D. Guam), United States v. Guaranteed Auto Sales (D. This Article explores relevant social science data and examines how it affects the analysis and understanding of evidence of emotional harm. The complaint, which was filed on September 12, 2001, alleged that Defendants Victoria and Floyd Madsen, owners of Pioneer Village Mobile Home Park in Weiser, Idaho, violated the Fair Housing Act by refusing to rent a mobile home space to a woman and her adult son, on the basis of his mental disability; and that defendant Victoria Madsen made statements indicating that she did not want tenants with mental disabilities. relief for intentional discrimination under the Rehabilitation and Affordable Care Acts 15 A. Compensatory damages are available to rectify intentional discrimination16 B. Emotional-distress damages are a standard form of compensatory damages for intentional discrimination 19 C. Emotional-distress damages are The United States had filed a statement of interest on November 1, 2010. Mich.), United States v. Testa Family Enterprises (N.D. Ohio), United States v. Texas Champion Bank (S.D. 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. Ark.). In Curtis v. Loether, supra, 415 U.S. 189, a title VIII housing discrimination case, the United States Supreme Court made a similar distinction. ), United States v. Chateau Village Apartments (N.D. Ill.). The consent order requires defendant to allow the complainant to keep an assistance dog for as long as he lives at the premises, dismiss its holdover proceedings action against him and obtain training and adopt a reasonable accommodations policy. 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. CFC filed a motion for a preliminary injunction asking the court to find that the Villages zoning law facially violates RLUIPAs equal terms provision, which the Village opposed, arguing that it had legitimate zoning goals, such as promoting commercial enterprise in the C-1 district and the impact of New Yorks law limiting the distance between churches and liquor-serving establishments, to bar CFC from operating in the C-1 district. 1143 Ind. This practice can manifest itself in a variety of ways. Tex. Fla.), United States v. Epcon Communities, LLC (S.D. The decree will remain in effect for three years. The consent decree will remain in effect for three years and three months. 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. 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. Posted in. The complaint seeks injunctive and declaratory relief. The fact that a lender does business only in minority neighborhoods does not shield its business from scrutiny under federal fair lending laws. This case originated with a complaint filed by Access Living of Metropolitan Chicago with the Department of Housing and Urban Development (HUD). N.Y.), On July 23, 2020 the United States filed a complaint and proposed order in United States v. Bank of America (E.D.N.Y.). Co., 218 F.3d 481, 486 (5th Cir. (E.D.N.Y. Or. On August 18, 2020, the United States filed a complaint in United States v. Father & Son Moving & Storage (D. A small claims case is also a civil lawsuit. The agreement also includes a non-discrimination policy, advertising, training and reporting to the United States. Mont.). The complaint alleges that United Communities, which provides on-base military housing at Joint Base McGuire-Dix-Lakehurst in New Jersey, engaged in a pattern or practice of violating the Servicemembers Civil Relief Act (SCRA), 50 U.S.C. Cal. the Fair Housing Act (FHA . The complaint, which was filed on November 28, 2017, alleged the City discriminated on the basis of disability. Emotional Harm in Housing Discrimination Cases: A New Look at a Lingering Problem, plaintiffs in fair housing cases, noneconomic emotional harm or other forms of intangible injury. ), United States v. Bank of America Corp., Citibank, NA, JPMorgan Chase & Co., Ally Financial, Inc. and Wells Fargo & Co. On October 30, 2020, the United States filed an amended complaint in United States v. Hubbard (N.D. Ohio). In addition to Mr. Barrett, the complaint named several companies with which he is associated as defendants in the lawsuit. 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. La. Pa.), United States & Poeschelv. Garden Grove, LLC (D. Minn.). Cal. Ohio), United States v. Meadowlark Manor Condominium Association (W.D. The federal fair housing laws became effective in 1968. 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. Okla.), a Fair Housing Act HUD election case that alleged discrimination based on disability. However, the judge refused to let the claims of the plaintiff's two sons and grandson go to the jury. Wash.) a pattern or practice/election case. United States v. Clarendon Hill Somerville, LP (D. United States v. Albert C. Kobayashi, Inc., et al. On February 6, 2019, the United States filed a complaint and entered into a settlement agreement resolving United States v. PHH Mortgage Corp. (D. N.J.). 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. Neb.). Va.), United States v. Old Kent Financial Corporation and Old Kent Bank (E.D. The complaint, which was filed on December 10, 2008, and amended on November 2, 2009, alleged that a towing company in Norfolk, Virginia towed and sold a Navy Lieutenant's car without a court order, in violation of the SCRA. The following are indicators of discriminatory housing practices that are all too common in housing sales and rentals: Owners of private property can legally refuse to sell or rent to anyone for any reason under Fair Housing laws. Fla.), brief in opposition to Defendants' motion for relief on damages, denied the Village's Motion to Dismiss and Motion for Summary Judgment and the United States' Motion for Summary Judgment. Nevertheless, many recent commentators have agreed that few areas of the law have failed to achieve their lofty goals as dramatically and persistently as our nation's fair housing statutes. 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. Copyright 2023, Thomson Reuters. Additionally, they must establish a $300,000 settlement fund for people who suffered harm due to the lack of accessible features at the 32 Ohio properties, pay a civil penalty of $51,303 to the United States, and ensure that any future housing they design or construct complies with the FHA. The complaint, which was filed on January 11, 2001, alleged the defendants: Boise, Idaho developers, Walter T. Sigmont and Wirt Edmonds, Pacific Northwest Electric, Inc., Edmonds Construction Co., Inc., and architects Teal Whitworth Architects, P.A. Ind.). S.D. The complaint also alleged that the defendants discriminated on the basis of race when their employees treated minority tenants less favorably than white tenants and used racial epithets against tenants on the basis of race. 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