emotional harm in housing discrimination cases

Gender-based housing discrimination victims may have more difficulty finding suitable housing, which can lead to financial insecurity and devastating health consequences. NOTE: The latest versions of Adobe Reader do not support viewing PDF files within Firefox on Mac OS and if you are using a modern (Intel) Mac, there is no official plugin for viewing PDF files within the browser window. The complaint, filed on June 24, 2019 in this Fair Housing Act election case alleged that Hunters Pointe, LLC, Hubbard Properties, Inc., and Bethany Petzthe owner, management company, and property manager of a 201-unit apartment complex in Mobile, Alabamadiscriminated against the complainant on the basis of disability. Emotional distress damages are a type of damage award that assigns a dollar figure to the victim's emotional distress. 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. United States v. Town of Colorado City (D. Ariz.), United States v. Fred Thomas d/b/a Best Western Scenic Motor Inn (E.D. The court entered the consent order on July 13, 2020. The bank agreed to resolve this matter without a trial and entered into a consent decree, which provided $25,000 in monetary compensation to the complaints, established procedures for processing mortgage applications where the applicant relies on disability income to qualify, and required bank employees to receive training on the Fair Housing Act. 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. During this meeting, the plaintiff again told defendant Guy Emery that he was looking at the apartment on behalf of his mother who used a wheelchair. Mich.). 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 complaint, which was filed by the United States Attorney's Office on April 5, 2019, alleges that the owner and property manager of a seven-unit rental property in New York, NY violated the Fair Housing Act by refusing a reasonable accommodation to allow a tenant with psychiatric disabilities to live with an emotional support German Shepherd in his unit and by billing the tenant attorneys fees for related eviction court proceedings. 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. The Fair Housing Amendments Act, enacted in 1988, expanded the Act's coverage to include people with disabilities and families with children. 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 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. The consent order requires the defendant to pay $50,000 in damages, send to all condo owners at the property a written apology to the HUD complainants, adopt a new reasonable accommodation policy and attend fair housing training. The consent order also calls for injunctive relief, including training, a nondiscrimination policy, record keeping and monitoring. Auth. The complaint alleges that, from at least 2006 to present, Property Manager Filomeno Hernandez violated the Fair Housing Act by engaging in a pattern or practice of sexual harassment against female tenants at two Los Angeles, California apartment buildings owned by Ramin Akhavan, Bonnie Brae Investment Services LLC, and Westlake Property Services LLC. > and Dev., Inc. (D. N.H.), United States v. Horoy, Inc. d/b/a Across Town Movers (S.D. The complaint, filed on June 5, 2002, alleged that the defendants, the owner and property management company of an apartment complex in Jamaica Estates, Queens, violated the Fair Housing Act when they failed to make a reasonable accommodation to their no-pets rule to allow the complainant to keep an emotional support dog in her unit, and instead served her with eviction notices. 3d 472 (SDNY March 1, 2016). The 1993 zoning ordinance effectively prohibits all mobile homes not located within a lawful mobile home park, and severely limits the areas within the Village where mobile home parks are allowed. This Article explores relevant social science data and examines how it affects the analysis and understanding of evidence of emotional harm. 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. ), United States v. Inland Empire Builders (D. Nev.). The statement of interest addresses the standard the court should apply in evaluating the Congregation's RLUIPA Section 2(b)(1) claim, and discusses certain criteria for determining whether a substantial burden exists under RLUIPA Section 2(a). This case was the Department's first challenge, under the Fair Housing Act, to racial discrimination in the provision of homeowner's insurance. The consent decree requires the defendant to pay the complainant $13,000 in damages, to adopt a reasonable accommodations policy, and to obtain fair housing training. Discrimination of this kind is not only unjust in principle, but it often forces families to relocate to a less desirable neighborhood, sacrifice school access, or pay higher costs to protect their children from the dangers of lower-quality housing options. In general, when someone prevails with a housing discrimination complaint, the following types of remedies and penalties are available: Court orders or injunctions to stop the illegal discrimination. 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. The settlement agreement requires the defendant to pay $50,000 in damages, participate in Fair Housing Act training, and implement a reasonable accommodation policy. W. Va.), United States v. Kent State University (N.D. Ohio), United States v. Kips Bay Towers Condominium, Inc. 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. The consent order provides for $40,000 in damages to the complainant, as well as standard injunctive relief, including mandatory training and the implementation of a reasonable accommodation policy. 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. Ind. On January 7, 2005, the court entered a consent decree in United States v. West Creek, L.L.C. Under the consent decree, the defendants must pay $50,000 to the group home operator, and $10,000 to the government as a civil penalty and submit to injunctive relief. Emotional harm in housing discrimination cases: a new look at a lingering problem. Village of Arlington Heights v. Metropolitan Housing Development Corp. (1977) In this case, the Court declared that proof of a racially discriminatory intent is required in claim that race was . However, the judge refused to let the claims of the plaintiff's two sons and grandson go to the jury. 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. The defendants will also provide a $75,000 fund to compensate aggrieved persons. The complaint was originally brought to the Division's attention through a private local attorney. The consent decree will remain in effect for three years. United States v. City of Janesville (N.D. Iowa), United States v. City of Johnstown, Pa. (W.D. Mich.), alleging that the City of Troy violated the substantial burden and equal terms provisions of the Religious Land Use and Institutionalized Persons Act (RLUIPA). However, the amount you Besaws alleged conduct includes subjecting female tenants to unwelcome sexual contact including groping, sexual assault, and forced touching of their bodies; exposing himself to female tenants; making unwelcome sexual comments and sexual advances toward female tenants; and making intrusive, unannounced visits to female tenants units to conduct and further his sexual advances. (E.D.N.Y. 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"). Two major health care rights cases made it to the Supreme Court this year. 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. On March 29, 2017, the court issued a memorandum opinion denying Culpeper Countys first motion to dismiss. However, it is essential to note that most racial, age, or religious discrimination cases in housing go unreported. On December 2, 2004, the court entered a consent decree resolving United States v. Beaudet (D. Minn.) The Defendant, David R. Beaudet, has owned and managed numerous single-family rental homes throughout St. Paul since 1990. The consent orderrequired the bank to provide $55 million in loans at below market rates to the areas that it refused to service previously and to implement a non-discriminatory lending policy. On September 28, 2017, the United States Attorneys Office executed a settlement agreement in United States v. VP2, LLC (D. Minn.), a Fair Housing Act election case. 3958 by auctioning off the belongings of a United States Air Force Technical Sergeant who was deployed to Qatar, without a court order. In addition, the complaint alleged that the defendants provided transportation as an amenity and that until 2013, that transportation was inaccessible to people who used wheelchairs in violation of the Fair Housing Act. See Key Points - Table of Contents below. (E.D. Wis.), United States v. Meadows Apartment Limited Partnership (D. Nev.), United States v. Meadows of Jupiter, Ltd. (S.D. Mich.), a HUD election referral. United States v. Highland Management Group, Inc. (D. Minn.). Pa.). The auctioned belongings included the Technical Sergeants military gear and mementos that had belonged to his cousin who was killed in action while serving in the military, his grandfathers military service medals, a dresser that was handmade by his great-grandfather, and his personal photographs. Tex. Pa.), United States v. Brazoria Manor Apartments, Ltd. (S.D. 4. The defendants, Wilmark Development Co., Mark Schmidt Construction, and WLW of Nevada, Inc., have agreed to pay a total of $718,000 to make the complex accessible to persons with disabilities. Finally, the court agreed that demonstrating violations of the FHA's accessibility requirements did not require a showing that an actual buyer or renter was denied housing. The complaint also alleged that the defendants may have towed and sold at least twenty servicemembers' cars without court orders. Home | S.D. On December 12, 1996, the court entered a consent decree resolving United States v. Village of Hatch (D. N.M.). United States v. PrimeLending (N.D. In August 2018, Cummings sued Premier Rehab, but sought damages only for her "emotional distress.". United States v. ADI Management, Inc. The defendants filed a motion for summary judgment on the grounds that reverse redlining does not violate either law because they have provided credit to African Americans, and on the same terms that they would provide to whites. ), United States v. Lytton IV Housing Corp (N.D. Pa.). Defendants will also pay a civil penalty of $64,715. This case was referred to the Department of Justice by the Fair Housing Center of Southeastern Michigan. ), United States v. Sandpointe Associates (E.D. 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. This consent order resolves a pattern or practice case filed on February 21, 2019, alleging that the defendants discriminated on the basis of disability by designing and constructing an addition to the Seasons Resort property in Galveston, Texas without features of accessibility required by the Fair Housing Act and the Americans with Disabilities Act. Hatfields alleged conduct included making unwelcome sexual comments and advances, groping actual and prospective residents, offering to reduce or eliminate payments in exchange for sexual favors, and taking adverse action against residents who objected to his conduct. 1143, 1157 (2003) ("[M]any victims must rely on their emotional harm claim as their primary basis for economic compensation."). This case was based on evidence developedby the Diviision'sFair Housing Testing Program. The matter was settled on March 14, 2005. ), United States v. Nationwide Mutual Insurance Co. (S.D. ), United States v. Flagstar Corporation and Denny's (N.D. Ala.), United States v. First Merchants Bank (S.D. 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.). According to the National Fair Housing Alliance research, complaints alleging disability discrimination continue to account for the majority of disputes, while race-based discrimination accounts for nearly 20% of them. United States v. Zenith of Nevada, Inc., f/k/a Perma-Bilt (D. Nev.), USAA Federal Savings Bank v. Pennsylvania Human Relations Commission (E.D. This case is based on evidence generated by the Division's Fair Housing Testing Program. 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. ), United States v. Edward Rose & Sons (E.D. The complaint alleges that Facebooks classification of its users and its ad targeting tools permit landlords, developers, and housing service providers to limit the audience for their ads based on sex, religion, familial status, and national origin in violation of the FHA. ), United States v. City of San Jacinto (C.D. On May 4, 2015, the court entered a consent orderresolving United States v. J & R Associates (D. Available at: In other cases, landlord discrimination may result in higher rents or deposits for tenants with disabilities. Ind. Ohio). Miss. (S.D.N.Y. The harassment included exchanging sexual acts for rent or partial rent, exposing himself to tenants or prospective tenants, groping tenants or prospective tenants, making unwelcome sexual comments or advances to tenants or prospective tenants, and evicting or threatening to evict tenants who refused to engage in sexual acts. Wash.). ), United States v. Fifth Third Bank (S.D. With continued education, advocacy, and stricter enforcement of the relevant acts, we can hopefully create a future where everyone has access to safe and affordable housing. ), United States v. Wellston Corporation d/b/a Wellston Properties (E.D. The United States Statement of Interest argues that the facts alleged by the Ramapough state substantial burden and unequal treatment claims under RLUIPA. We did not take a position on the merits, but set out our view as to the applicable legal principles. 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. Code, 12900 et seq. 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. The order also permanently bars Johnson from having any further involvement in the management, rental or maintenance of housing. According to housing discrimination attorneys, the best way to gather evidence for a case with state or local fair housing officials or HUD is to actively listen to landlords, agents, brokers, and lenders, take notes, and look for red flags. On September 19, 2019, the United States file a complaint in United States v. the City of Troy, Michigan (E.D. 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 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. La.). (S.D.N.Y.). United States v. Village of South Elgin (N.D. Ill.). The Court reasoned that CFC has a likelihood of success to prevail on the merits of its RLUIPA equal terms claim because the ordinance treats religious assemblies less well than secular assemblies and the interests articulated by the Village are not compelling to justify unequal treatment. United States v. Crimson Management, LLC, Benefield Housing Partnership d/b/a Cedartown Commons, and Cedartown Housing Association, d/b/a Cedarwood Village. Miss. The complaint also alleged that, through implementation of these TIF districts, the Village violated the Fair Housing Act by seeking to displace Hispanic families residing in these areas. (D.D.C. 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. Fla.), which alleges that Advocate Law Groups of Florida, P.A., Jon B. Lindeman Jr., and Ephigenia K. Lindeman discriminated because of national origin in violation of the Fair Housing Act by targeting Hispanic homeowners for a predatory mortgage modification and foreclosure rescue scheme. The consent order requires that the defendants adopt new repossession policies, pay one servicemember $30,000, and pay a $50,000 civil penalty to the United States. United States v. Hous. On April 1, 2005, the court entered a consent order resolving United States v. B&S Properties of St. Bernard, L.L.C. The Division argued in the Statement of Interest that CFC is likely to prevail on the merits of its RLUIPA equal term claim, and that the Villages justifications for barring churches from the C-1 district are not valid bases under RLUIPA to treat churches less favorably than similarly situated secular assemblies. Prior to entering into the settlement agreement, the defendant had granted the complainants request for a unit transfer. Ind.). 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. 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 . The decree will remain in effect for three years. La.). Tenn.). 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). Tex. In the event that any current residents have to be relocated during the term of their tenancy or that any prospective residents have their move-in dates delayed because of the retrofits, the decree provides for the payment of reasonable relocation or housing expenses and $750 in the event of any such relocation or delay. (D.D.C.). 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. Equity Homes, Inc. (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. Wash.) a pattern or practice/election case. The consent order also requires payment of $135,000.00 in compensatory damages to a victims' fund, and $7500.00 in a civil penalty. ), United States v. Madrid d/b/a Trinity House Living Services (D. N.M.). The statement of interest argues that the plaintiffs have alleged sufficient facts to support a claim of housing discrimination under the Fair Housing Act, and that Facebook does not have statutory immunity under the Communications Decency Act for the development of its data collection and advertising tools. A .gov website belongs to an official government organization in the United States. United States v. Board of Commissioners of the County of Montezuma (D. Colo.), United States v. Bonanza Springs, LLC (D. Nev.), United States v. Borough of Bound Brook, New Jersey (D. N.J.), United States v. Boston Housing Authority (D. 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. Neb. On September 12, 2017, the United States Attorneys Office entered into a settlement agreement resolving United States & Poeschel v. Garden Grove, LLC (D. Minn.). United States v. Pacific Life Ins. (D.D.C.). United States v. Delta Funding Corporation (E.D.N.Y. The consent decree requires the defendants to pay $47,500 to two HUD complainants and $10,000 to the United States as a civil penalty. This article will discuss the various types of housing discrimination and provide examples of each, with the hope of providing you with a better understanding of what it is and how to prevent it from happening to you or someone you know. Regional Economic Community Action Program, Inc. v. City of Middletown (S.D.N.Y. The United States filed this case after a determination by the Department of Housing and Urban Development [HUD] that reasonable cause existed to believe that Bank United discriminated against a loan applicant and her children on the basis of disability. What are some of the consequences of housing discrimination? also see United States v. Jarrah; aka Yurman, Land Guardian, Inc., f/d/b/a Gaslamp, d/b/a 360 Midtown (S.D. For webmasters |. Another woman testified that she had sex with Johnson at least 20 times because he threatened that the owner would evict her if she did not. Mo.). The case was handled by the Departments Housing and Civil Enforcement Section within the Civil Rights Division. Tex. 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. On November 8, 2016 the court entered a default judgment against Carl Bruckler which requires him to pay a $5,000 civil penalty to the United States. Semantic Scholar is a free, AI-powered research tool for scientific literature, based at the Allen Institute for AI. As stated by Senator Walter Mondale, one of its sponsors, the Act would replace the nation's ghettos by "truly integrated and balanced living patterns." The case was referred to the Division after the Department of Housing and Urban Development (HUD) received complaints, conducted an investigation, and issued a charge of discrimination. On July 2, 2003, the court entered the consent decree in United States v. ADI Management, Inc. Mich.). Under the FHA, in the sale and rental of housing, property owners, landlords, and financial institutions may not take any of the following actions (or inaction) based on race, color, national origin, religion, sex, familial status, or disability/handicap: Although this behavior is forbidden, housing discrimination occurs and is often unreported. 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"). 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 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. court also granted the United States motion to amend the case caption. Tex. No. ), United States v. City of Milwaukee (E.D. Cal. Under the terms of the consent decree the Village of Hatch is; permanently enjoined from enforcing ordinance 256 entitled Village of Hatch Comprehensive Zoning Ordinance; shall rezone and amend its zoning code to induce the use of mobile home parks in the Village of Hatch through zoning incentives used in conjunction with various programs; shall establish a housing plan and infrastructure; apply for HUD rental rehabilitation funds; create a new construction program to support the development of new single family residences on vacant lots within the Village for low income families; develop a fair housing policy; train employees; and periodically report to the United States. EMOTIONAL HARM IN HOUSING DISCRIMINATION CASES: A NEW LOOK AT A LINGERING PROBLEM Victor M. Goode* and Conrad A. Johnson** INTRODUCTION With the United States Supreme Court's condemnation of legal segregation in Brown v. Board of Education' in 1954, and a vigor-ous civil rights movement that led to the passage of the 1964 Civil On March 16, 2010, the case settled before the court ruled on the issue raised inthe United Statesamicus brief. the Fair Housing Act (FHA . The complaint, which was filed on May 31, 2016 and amended on October 24, 2016, alleged that the owner of a four-unit rental property in Springfield, Massachusetts violated the Fair Housing Act when he refused to rent an apartment to the HUD complainants because they had children under six years old and the units had no lead certificate. Wash.), United States v. Boyers' Personal Care Homes (W.D. La. (S.D.N.Y.). 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. On October 6, 2021, the court entered a consent order in United States v. ), United States v. San Francisco Housing Authority (N.D. Housing Discrimination: Types, Examples, and Actions to Take. ), United States v. Glenwood Management Corp. The United States' complaint, filed on March 2, 2005, alleged that Peter Altmayer intimidated and harassed his next door neighbors, and their two minor children, on the basis of their religion (Jewish) and national origins (Israeli and Mexican). This case originated with a complaint filed by Access Living of Metropolitan Chicago with the Department of Housing and Urban Development (HUD). (E.D. (E.D.N.Y. ), United States v. Chevy Chase Bank, F.S.B. La. On August 10, 2018, the United States entered into a settlement agreement resolving United States v. Irvin (W.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. ), United States v.Webster AV Management LLC (formerly United States v. Strulovitch(S.D.N.Y. 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