Under the terms of the settlement agreement the defendants must pay a total of $125,000, including compensatory damages and attorneys fees to the complainant and civil penalties to the United States. Both partial consent orders required the defendants to undergo training on the Fair Housing Act and to provide periodic reports to the government. Ky.), United States v. Dominic Properties, LLC (D. Minn.). Although the jury answered "No" to the verdict question "Do you find by the preponderance of the evidence that the defendants violated the Fair Housing Act by refusing to rent an apartment to (DNA), or otherwise making an apartment unavailable to her, because she used a wheelchair?" Housing and Urban Development. (E.D.N.Y. A small claims case is also a civil lawsuit. A court can award you interest on the injury to feelings and financial loss parts of your compensation. > On August 10, the Division filed an opposition to the motion to dismiss. Three of the apartment complexes are located in Athens, Georgia; two are located in Statesboro, Georgia; and one is located in Greenville, North Carolina. On May 13, 2008,the courtdenied plaintiffs' motion for summary judgment in Turning Point Foundation v. DeStefano (D. Conn.). Wis.). 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. Ga.), United States v. Wallace III (S.D. The requires the bank to maintain new policies that permit loans to adults with guardians or conservators, to ensure that employees are trained on the new policies, and to pay damages of $4,000 for each loan application that was denied as a result of the banks prior unlawful policy. Tenn.), United States v. Maldonado d/b/a Midway Mobile Home Park (D. Kan.), United States v. Mammarrapallil (N.D. Ill.), United States v. Martin Family Trust (N.D. ), United States v. Flagstar Corporation and Denny's (N.D. Emotional distress damages are a subset of what are commonly called "compensatory damages.". Defendants interfered with Hispanic homeowners exercise of their fair housing rights, constituting a pattern or practice of discrimination and a denial of rights to a group of persons. Holly Gardens Citizens in Action, Inc., et al. S.D. 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 amended complaint added No Joke Properties, Inc., as a corporate defendant that managed some of the properties where the alleged discrimination occurred. United States v. PHH Mortgage Corp. (D. N.J.). United States v. Bryan Company (Byran II)(S.D. The jury awarded $5,000 in compensatory damages, $3,000 in punitive damages against Defendant Emery, and $7,000 in punitive damages against Defendant Zellpac, Inc. On February 27, 2006, the United States filed an Opposition to Defendant Zellpac's Inc.'s Motion For Partial Judgment. The complaint, filed on July 13, 2017, alleged that Robert N. Hatfield, who rented, sold, and financed homes in Wilkes County, North Carolina, engaged in a pattern or practice of sexually harassing actual and prospective female residents and borrowers in violation of the Fair Housing Act and Equal Credit Opportunity Act. The court's opinion, which wasentered on May 13, 2008,found that there are material issues of fact in dispute, without addressing any of the contested legal issues. The complaint alleges that Bank of America discriminated on the basis of disability, in violation of the FHA, through implementation of a policy that prohibited the issuance of mortgage loans to adults who had legal guardians or conservators. This matter was litigated jointly by this Section and the United States Attorney's 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. ), United States v. Yanofsky, d/b/a South Bank Apartments (S.D. On October 22, 2010, the court entered a consent order in United States v. Autumn Ridge Condominium Association, Inc. (N.D. ), United States v. 111 East 88th Partners (S.D.N.Y.). The consent order, provides for monetary relief in the amount of $106,500 to compensate seven aggrieved persons, and a $13,500 civil penalty. Fla.), a Fair Housing Act pattern or practice case developed by the Division's Fair Housing Testing Program. Sadly, landlords and house owners causing potential tenants physical and emotional harm in housing discrimination cases is common. L.J. Enhanced accessibility features - including roll-in showers for persons who use wheelchairs - will also be available at all three complexes upon request. Ohio), United States v. Nationwide Nevada (D. Nev.), United States v. Nejam Properties (S.D. United States v. Georgian Manor (N.D. Ga.), United States v. GFI Mortgage Bankers, Inc. Cal. The Justice Department has been pursuing a number of banks over alleged discrimination. United States v. Hawthorne Gardens Associates (D. N.J.), United States v. HBE Corporation d/b/a Adam's Mark Hotels (M.D. Ala.), United States v. Fitchburg Housing Authority (D. He has also agreed to hire a management company to manage his rental properties. 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 . Hamad v. Woodcrest Condominiums Association (E.D. The court reasoned that granting USAA's request "would render the FHA anti-discrimination provision a nullity and unenforceable where a federal savings and loan institution discriminated" and "would frustrate the antidiscrimination enforcement scheme intended by Congress." The complaint, which was filed on March 30, 1995,alleged the company with engaging in a pattern of illegal discrimination by using race as a factor in determining whether to issue homeowner insurance policies in the Milwaukee metropolitan area. The complaint, which was filed simultaneously with the consent decree by the United States Attorney's Office on April 19, 2005, alleged that the owners of an apartment building in Carol Stream, Illinois refused to make a reasonable accommodation to allow the HUD complainant to move from a one-bedroom unit to a two-bedroom unit (which had fewer steps and had more room for her therapeutic equipment), even though she had obtained a Section 8 voucher for a two-bedroom unit. Pa.). 2000). Miss. The consent order also calls for injunctive relief, including training, a nondiscrimination policy, record keeping and monitoring. On September 14, 2007, the court entered a consent decree resolving United States and Spears v. Perlick Family Trust (E.D. These limits are: $50,000 for employers with 15-100 employees; $100,000 for employers with 101-200 employees; $200,000 for employers with 201-500 employees; and. 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. Haw. $2.8 million Wrongful death, products liability case involving a tow motor accident at a sewage treatment plant. ), United States v. Queens Point Manor (D. N.M.), United States v. Raintree Associates LTD. Partnership (D. Nev.), United States v. Raleigh Annex Apartments (S.D. Defendants will also pay a civil penalty of $64,715. The court ordered supplemental briefing on whether amendments made to the SCRA on October 13, 2010, adding an explicit private right of action, are retroactive. Redeemer Fellowship of Edisto Island v. Town of Edisto Beach (D. S.C.). EFFECTIVE DATE: July 14, 1992. ), supporting the servicemember's argument that there is a private right of action to enforce the provision of the SCRA that requires lienholders to get a court order before enforcing a lien on a servicemember's property. Pa.), Estes. The defendants also agreed to pay $20,000 to aggrieved persons identified by the United States. 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. of Nebraska (D. For an overview of your options, see the . The settlement agreement provides a total of $40,000 to the three families and a $10,000 civil penalty. 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. Chicago Fair Housing Ordinance. the Fair Housing Act (FHA . To view the content in your browser, please download Adobe Reader or, alternately, Christian Fellowship Centers of NY, Inc. v. Village of Canton, NY(N.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. The amended complaint alleges that the City and Sheriffs Department created and enacted the ordinance with the intent to drive African American and Latino renters out of their homes and out of Hesperia, and that the Sheriffs Department, acting on behalf of the City, discriminatorily enforced the ordinance against African American and Latino renters and in majority-minority areas of Hesperia. ), United States v. Wheeling Housing Authority (N.D. W. Va.), United States v. The Whitacres, LLC (N.D. W. Va.), United States v. WHPC-DWR, LLC (E.D. Victor M. Goode and Conrad A. Johnson, United States v. St. Bernard Parish (E.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. Share sensitive information only on official, secure websites. ), United States v. Township of Jackson and Jackson Planning Board (D. N.J.), United States v. Toyota Motor Credit Corp. (C.D. There are limits on the amount of compensatory and punitive damages a person can recover. ), United States v. The Pointe Apartments Owner, LP (E.D. Cal. United States v. Sleepy Hollow Estate, Inc. 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. 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