The settlement resolves allegations that J & R Associates discriminated against tenants of South Asian descent in violation of the Fair Housing Act, which prohibits housing discrimination on the basis of race and national origin. On November 16, 2018, the United States Attorneys Office filed a statement of interest in Onuoha v. Facebook (N.D. The agreement also provided that the company issue a non-discrimination statement, recruit qualified prospective customers from the state's insurance plan, conduct random testing, no longer exclude homes solely on the basis of the age or sales price of the home, and provide a new custom value policy so that quality insurance coverage will be more widely available. The Eighth Circuit Court of Appeals affirmed the district court's judgment and its opinion is reported at 184 F.3d. Fordham Urb. On March 29, 2017, the court issued a memorandum opinion denying Culpeper Countys first motion to dismiss. The consent decree will remain in effect for three (3) years. Redeemer Fellowship of Edisto Island v. Town of Edisto Beach (D. S.C.). Md.). United States v. Friedman Residence, LLC (S.D.N.Y. filed on October 12, 2017, alleged that the defendants denied the complainants requests for a reasonable modification to remove a concrete parking bumper and a reasonable accommodation of two assigned parking spaces. ), United States v. The Pointe Apartments Owner, LP (E.D. In 2014, Ability Housing, Inc., a non-profit affordable housing provider, was awarded a $1.35 million grant to revitalize a 12-unit apartment building and create permanent supportive housing for chronically homeless individuals in the City who, by definition, have at least one disability. 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. Tenn.). Turning Point Foundation v. DeStefano (D. Conn.). On December 27, 2012, the court entered a consent order in United States v. French (E.D. ), United States v. COPOCO Community Credit Union (E.D. United States v. PR III/Broadstone Blake Street, LLC et al. The agreement requires accessibility improvements to the apartment units and the complexes' common areas. 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 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. 3955, by imposing lease termination charges against 65 servicemembers who had properly terminated their residential leases under the SCRA. On September 9, 2019, the United States filed a complaint in United States v. Prashad (D. The court entered the consent order on July 13, 2020. 83 (1981), without reference to more recent discrimination cases or the two more recent versions of Schwemm's work. Tenn.), Metropolitan St. Louis Equal Housing Opportunity Council v. Gundacker Real Estate, Co. (E.D. ), United States v. Sandpointe Associates (E.D. Tenn.). 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. Tex. Under the settlement agreement, Daniel Belshaw must pay $2,595 in damages to the servicemember, pay a civil penalty of $1,595 to the United States, adopt lease language that complies with the SCRA, report to the United States on SCRA compliance, and refrain from engaging in future SCRA violations. On December 12, 2017, the United States executed a settlement agreement resolving United States v. MSM Brothers, Inc. d/b/a White Cliffs at Dover (D. N.H.), a Fair Housing Act election case. Tex.). On July 2, 2003, the court entered the consent decree in United States v. ADI Management, Inc. ), United States v. Kenna Homes Cooperative Corporation (S.D. 3955, by imposing lease termination charges against 13 servicemembers who had properly terminated their residential leases under the SCRA. On September 29, 2020, the United States filed a complaint and a consent order in United States v. Price (W.D. The complaint, which was filed on October 31, 2016, alleged that the defendants, Keith Riexinger, Tamra Riexinger and Riexenger Enterprises, Inc., d/b/a Crossroads Construction violated the Fair Housing Act on the basis of disability when they failed to design and construct the Ashlynn Estates, a three building dormitory style property three building dormitory style properties near Central Washington University in Ellensburg, Washington, in compliance with the accessibility requirements of the Act. The complaint alleges that defendants, the designers and the builder, failed to design and construct five multifamily complexes in Hawaii in a manner that complies with the accessibility requirements of the Fair Housing Act. ), United States v. Dawn Properties, Inc. (S.D. Accessibility Statement. Fla.), United States v. Cedar Builders, Inc. (E.D. Ala.). Tex. As a consequence, some Spanish-language applicants were denied credit on a discriminatory basis. United States v. Lexington Village Apartments and Hillcrest Village (D. N.J.), United States v. Little Rock Planning Commission (E.D. On July 2, 2020, the Court entered a consent order to resolve the United States claims against Guaranteed Auto Sales, a used car dealership, its owner Kelly Ann West, and its manager Robert Chesgreen. also see United States v. Jarrah; aka Yurman, Land Guardian, Inc., f/d/b/a Gaslamp, d/b/a 360 Midtown (S.D. That, according to the lawsuit, allows property owners and developers to target and exclude certain users according to those characteristics from seeing housing-related advertisements, in violation of the Fair Housing Act. Damages for emotional distress in these cases are only excluded to the extent of paid medical expenses. Compensatory and punitive damages in the amount of $115,000 will be divided among the six female tenants whom the jury found were victims of the harassment. United States v. Hawthorne Gardens Associates (D. N.J.), United States v. HBE Corporation d/b/a Adam's Mark Hotels (M.D. Wis.). The case was referred to the Division after the Department of Housing and Urban Development (HUD) received a complaints, conducted an investigation, and issued a charge of discrimination. This case was based on evidence developedby the Diviision'sFair Housing Testing Program. The Fair Housing Act is a federal law that prohibits housing and housing-related discrimination based on race, color, religion, national origin, gender, familial status, or disability. 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. Pa.), United States v. Brazoria Manor Apartments, Ltd. (S.D. Fla.), United States v. Yoder-Shrader Management Company (C.D. 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. Pa.). (E.D.N.Y. The complaint in this HUD election case, which was filed on October 13, 2016, alleges that the owner and manager of an apartment complex in New Brighton, Minnesota violated the Fair Housing Act by refusing to allow plaintiff-intervenor Jane Poeschel to keep an emotional assistance dog. The consent decree requires the defendant to pay $35,000 to the complainant, adopt non-discrimination and reasonable accommodation policies, and record keeping. in which the defendants admitted that they had violated the Fair Housing Act. Under the settlement agreement ANB will establish a $1.5 million Compensation Fund to provide damages to hundreds of Hispanic applicants who faced stricter underwriting standards and less favorable credit terms and conditions than those who applied in English between late February 1996 and April 1997. United States v. Altoona Housing Authority (W.D. Pa.), United States v. Pine Properties Inc. (D. On the phone, the landlord seems eager to rent to John, but when John meets with the landlord in person to fill out an application, the . Miss. The properties are Rockwood Apartments in Bear, Delaware; Bethany Bay Resort Community in Sussex County, Delaware; and West Creek Village in Elkton, Maryland. Urban Law Journal Stay up-to-date with how the law affects your life. In the order, the court quoted the United States' Statement of Interest extensively. (S.D.N.Y. Fla.), United States v. Jarrah; aka Yurman (S.D. The complaint, filed February 19, 2003, alleged that Beaudet subjected female tenants to severe, pervasive, and unwelcome sexual harassment. Just like there is age discrimination in the workplace, housing discriminates against certain age groups, as well. 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. Cal. (S.D.N.Y. (the individuals with disabilities who would have lived in the home intervened in the case through private counsel and settled separately). If you have experienced these situations or have been otherwise mistreated regarding housing issues, take action. On February 1, 2018, the United States entered into a settlement agreement resolvingUnited States v. Jarrah(S.D. The federal Fair Housing Act of 1968 and the federal Fair Housing Act Amendments Act of 1988 prohibit discrimination on the basis of the following criteria (called "protected categories"): race or color; religion; national origin; familial status or ageincludes families with children under the age of 18 and pregnant women . Infliction of emotional distress is a tort, which is an action (or inaction) someone takes that injures someone else. Some have argued that this has been primarily due to the deficiencies in the law itself. ), United States v. Landings Real Estate Group (D. Conn.), United States v. Larkspur, LLC (S.D.N.Y. The consent decree will remain it effect for seven years. ), United States v. Albanese Organization, Inc. United States v. Philadelphian Owner's Association (E.D. The Statement of Interest argues that the CDA does not prevent an FHA lawsuit against Facebook for the conduct alleged in the complaint. On March 8, 2002, the United States filed a consent order along with the complaint in United States v. Badeen (D. Kan.) alleging discrimination on the basis of race, color, and national origin. Under the consent decree, the defendant is required to pay $400,000 to the alleged victims, plus a $25,000 civil penalty to the United States. United States v. PHH Mortgage Corp. (D. N.J.). Housing discrimination is more than a refusal to rent, sell, or finance housing. Tex. ), in support of the Congregation's motion for summary judgment in this Religious Land Use and Institutionalized Persons Act (RLUIPA) suit. 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. United States v. Coldwell Banker Joe T. Lane Realty, Inc. (N.D. Ga.), United States v. Colts Pride Homeowners Association (D. N.J.), United States v. Community State Bank (E.D. (W.D.N.C. The complaint , 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. Enhanced accessibility features - including roll-in showers for persons who use wheelchairs - will also be available at all three complexes upon request. 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