There is a great range of awards, with some courts awarding only nominal damages of $1 and others setting awards of over $20,000. United States v. Bedford Development LLC (S.D.N.Y.). On August 20, 2020, the United States Attorney's Office filed a complaint in United States v. Carmer (D. ), 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. On August 6, 2010, a federal jury in Detroit returned a $115,000 verdict against Glenn Johnson, Ronnie Peterson and First Pitch Properties LLC in United States v. Peterson (E.D. The jury found that the defendant made an apartment unavailable to the HUD complainants based in substantial part on their familial status. United States v. St. Bernard Parish (E.D. 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. Available at: https://ir.lawnet.fordham.edu/ulj/vol30/iss3/17. On February 22, 2008, the United States filed a brief as amicus curiae to address legal issues raised by defendants, without taking a position on the merits of the summary judgment motion. On September 1, 2006, the court entered a consent decree resolving United States v. Wones (D. Minn.), a Fair Housing Act pattern or practice case alleging sex discrimination. ), United States v. Wallschlaeger (S.D. The complaint, filed on March 1, 2017, and amended on March 6, 2017, alleged that the defendants Robert Pascucci, Bedford Development, LLC, Carnegie Construction Corp., Jobco, Inc., and Warshauer Mellusi Warshauer Architects P.C. PHRC has been certified by HUD as one such agency. The complaint also alleges that Nissan engaged in a pattern or practice of violating Section 3955 of the SCRA by failing to refund lease amounts paid in advance in the form of capitalized cost reduction to servicemembers who terminated their leases early following receipt of qualifying military orders. United States v. Autumn Ridge Condominium Association, Inc. (N.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. Mich.). The consent decree contains injunctive relief and civil penalties of $30,000. P.R. The settlement agreement requires the defendants to pay the complainant $10,000 and to comply with the Fair Housing Act. The case was referred to the Division afterthe Department of Housing and Urban Developmentreceived a complaint, conducted an investigation and issued a charge of discrimination. In addition, the Village is required to provide training to its employees; maintain records; and reporting requirements. ), United States v. City of San Jacinto (C.D. Our complaint asserted that individuals applying for an ANB/UNOCAL MasterCard through the bank's Spanish-language application were processed through a separate approval system, which utilized a credit scoring system that required higher scores than those required for English-language applicants. 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. ), a Fair Housing Act pattern-or-practice/election case. ), United States v. Gainesville Housing Authority (N.D. Fla.), United States v. Gambone Brothers Development Company (E.D. On September 19, 2019, the United States file a complaint in United States v. the City of Troy, Michigan (E.D. (S.D.N.Y.). The consent decree will remain in effect for five years. On September 11, 2020, the Court granted the United States motion to amend and denied the Countys motion to dismiss without prejudice. As part of the agreement, the City has agreed to provide training to its officials and employees about their obligations under RLUIPA and to notify the public about the Citys compliance with RLUIPA in its zoning and land use actions. Turning Point Foundation v. DeStefano (D. Conn.). The court entered the consent decree on July 18, 2019. HUD v. Sams, 2A Fair Housing-Fair Lending (Aspen) 25,069, HUDALJ No. The agreement also includes a non-discrimination policy, advertising, training and reporting to the United States. Just like there is age discrimination in the workplace, housing discriminates against certain age groups, as well. Both partial consent orders required the defendants to undergo training on the Fair Housing Act and to provide periodic reports to the government. 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. The complaint, filed on October 12, 2017, alleged that the defendants, Fairfax Manor Group, LLC d/b/a Fairfax Manor Townhomes, Cannon, Austin & Cannon, Inc., Nelson Cannon, and Sam Kraker, denied the complainants requests for a reasonable modification to remove a concrete parking bumper and a reasonable accommodation of two assigned parking spaces. Wis.), United States v. Arlington Park Racecourse, LLC and Churchill Downs, Inc. (N.D. Ill.), United States v. ASAP Towing & Storage Company (M.D. The complaint, which was filed on January 18, 2017, against the designers and developers of The Verdesian, an apartment building in New York City, alleged that the defendants violated the Fair Housing Act by failing to design and construct The Verdesian so as to be accessible to persons with disabilities. Finally, suggestions are made about how to gather relevant psychological and medical information on the effects of discrimination and how to incorporate that information into a case so that the full extent of emotional harm is more properly understood and the victim of discrimination is made whole. ), United States v. Miller-Valentine Operations (S.D. Ill.), United States v. Webster AV Management, LLC (S.D.N.Y. Despite the relatively few debates and the near absence of any extensive record from committees, Congress finally passed the Civil Rights Act of 1968. Md.). Tex.). The complaint involves Adam Community Centers (Adam) efforts to establish an Islamic place of worship in Troy at a building previously used as a restaurant and banquet hall. ), United States v. Saxon Mortgage Services, Inc. (N.D. The Ninth Circuit ruled on November 2, 2015, holding that plaintiff pled a disparate treatment claim by alleging that "disabled individuals like Gomez were subject to the presumption that their SSDI award letters were insufficient evidence of income and [were] asked to meet a higher standard of proof [of income] than other applicants." United States v. Kansas City, Kansas Housing Authority (D. Kan.), United States v. Katz and All Real Estate Services in Montana, LLC (D. The federal fair housing laws became effective in 1968. (E.D.N.Y.). 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. (E.D.N.C.). 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. Mich.), United States v. Compass Bank (N.D. Ala.), United States v. Compton Place Associates (M.D. ), United States v. Midwest BankCentre (E.D. Compounding the problem is the . In Part III, this Article examines the cycles of ignorance that have contributed to an under-valuation of emotional harm in housing discrimination litigation. ), 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. United States v. American Honda Finance Corporation (C.D. Ill.), United States v. Urbana MHP, LLC (S.D. 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. 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. Landlords, for example, may refuse to rent to someone because of their race or national origin. The defendant is also enjoined from further discrimination based on gender and must keep records for future review by the Division. 3958 by auctioning off the belongings of a United States Air Force Technical Sergeant who was deployed to Qatar, without a court order. Ohio), the terms of which include $175,000 in monetary damages for 20 aggrieved women, a $2,500 civil penalty, and comprehensive injunctive relief. Va.), United States v. Summerland Heights III, L.P (E.D. Mich.), United States v. Related Companies (S.D.N.Y. The consent decree will remain in effect for five years. Mass. (E.D.N.Y.). 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. plaintiffs in fair housing cases, noneconomic emotional harm or other forms of intangible injury. ), United States v. Pinewood Associates (D. Nev.). ), United States v. Dyersburg Apartments, Ltd. (W.D. United States v. Pacific Life Ins. United States v. Penny Pincher, Inc. (S.D. ), United States v. B & S Properties of St. Bernard L.L.C. 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. Hope Lutheran Church v. City of St. Ignace (W.D. The United States also filed an amicus brief in the district court. Ala.), United States v. Savannah Pines, LLC (D. that Part examines the relationship between the size of the award and such factors as the type of housing involved, the family and employment status of the plaintiff, and the . 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. (D. Colo.), Avalon Residential Care, Homes, Inc. v. City of Dallas (N.D. ), United States v. Sandpointe Associates (E.D. S.D. Specifically, the complaint alleged that the Townships denial of a variance imposed a substantial burden on the Bensalem Masjids religious exercise, treated the Bensalem Masjid less favorably than the Township treated nonreligious assemblies, and discriminated against the Bensalem Masjid on the basis of religion. The lawsuit seeks a court order directing the defendants to retrofit these buildings to make them accessible to people with disabilities, to make changes to policies and procedures, and to compensate individuals who suffered discrimination due to the inaccessible conditions. Faculty Publications 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. ), United States v. City of Santa Rosa (N.D. The Fair Housing Amendments Act, enacted in 1988, expanded the Act's coverage to include people with disabilities and families with children. United States v. 475 Ninth Avenue Associates, LLC (S.D.N.Y. United States v. Equity Homes, Inc. (D. filed under the . Fla.), United States v. City of Beaumont, Texas (E.D. ), United States v. Housing Authority for the City of Eastman, Georgia (S.D. On December 6, 2019, the court entered a consent order in United States v. TFT Galveston Portfolio LTD and James W. Gartrell, Jr. (S.D. United States v. Cherrywood & Associates, LP (D. Idaho), United States v. Chevy Chase Bank (D.D.C. ), National Fair Housing Alliance v. Facebook, Inc. On September 27, 2018, the United States filed a complaint and entered into a settlement agreement in United States v. United Communities, LLC (D. N.J.). On July 14, 2020, the court entered a consent order in United States v. 111 East 88th Partners (S.D.N.Y.). The owners of the eleven (11) buildings within Green Oaks, which were acquired by the Village prior to the entry the consent decree, shall receive an amount of money in addition to the purchase price paid by the Village. La.). On April 12, 2018, the United States entered into a settlement agreement resolving United States v. Riexinger(E.D. Mont.). Unfortunately, landlords in the United States may attempt to evict tenants with disabilities, refuse to make necessary repairs, or add accessibility features to their units. Ill.)). 30 Fordham Urb. (E.D.N.C.). 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 . United States v. ADI Management, Inc. Makinen v. City of New York, 167 F. Supp. For employers with 201-500 employees, the limit is $200,000. Ark.). On April 19, 2016, the court entered a supplemental consent order in United States v. Bryan Company (Bryan II)(S.D. On April 11, 2018, the United States entered into a settlement agreement resolving United States v. Belshaw (C.D. The consent order requires certain retrofits to units and common areas in the building in addition to reporting and training requirements and a payment of $5,000 to the HUD Complainant, the Denver Metro Fair Housing Center. ), United States v. Atlantic Development Group, LLC (S.D.N.Y.). On September 25, 2002, the court entered the consent decreein United States v. The John Buck Company (N.D. Ill.). With the United States Supreme Court's condemnation of legal segregation in Brown v. Board of Education in 1954, and a vigorous civil rights movement that led to the passage of the 1964 Civil Rights Act, the nation entered the beginning of a new era in race relations. at pp. 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. On August 10, 2018, the United States entered into a settlement agreement resolving United States v. Irvin (W.D. United States v. Kreisler a/k/a Bob Peterson (D. Minn.), United States v. Lake County Board of Commissioners (N.D. The Federal Trade Commission has filed a separate action charging the same defendants with violating a number of federal consumer protection laws. 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. ), United States v. Housing Authority of the County of Los Angeles, City of Lancaster, California, and City of Palmdale, California (C.D. Discrimination Isn't Always Obvious - Example #1: John, who is a Black man, speaks to a prospective landlord on the phone about leasing an apartment. (S.D. Bridgeport Housing Authority) (D. Conn.), United States v. Parkside East, Inc. (E.D. The tribe also alleges that the Township treated it differently from other similarly situated nonreligious groups. Tex. 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. However, it is essential to note that most racial, age, or religious discrimination cases in housing go unreported. 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 October 22, 2010, the court entered a consent order in United States v. Autumn Ridge Condominium Association, Inc. (N.D. The complaint, filed on July 7, 1995, alleged that the Village of Addison violated the Fair Housing Act on the basis of national origin. The complainant told Mr. Emery that refusing to rent to her because she used a wheelchair violated federal anti-discrimination laws. Pa.), States v. NALS Apartment Homes, LLC (D. Utah), United States v. Nara Bank and Union Auto Sales (C.D. The complaint, which was filed on August 13, 2013, alleged that defendants; Edina Park Apartments LLC, and Amy Koch discriminated against Somalis in violation of the Fair Housing Act. As we have seen, housing discrimination comes in many forms, and often happens on multiple bases simultaneously. Or. On September 9, 2019, the United States filed a complaint in United States v. Prashad (D. v. Summerland Heights GP, L.L.C. On June 2, 2017, the United States and the defendants entered into a settlementagreement resolving United States v. Pritchard (D. Kan.), a HUD election case alleging the owners and operators of a rental apartment complex in Wichita, Kansas violated the Fair Housing Act on the basis of familial status. Miss. 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. A prior partial consent decree, entered on February 13, 2017, resolved allegations against the developers of the property and provided for standard injunctive relief, compliance surveys for two additional properties developed by the defendants, retrofits of non-compliant features, payments of $175,000-$500,000 to aggrieved persons, and a $45,000 civil penalty. VIII (S.D. SUBJECT: Enforcement Guidance: Compensatory and Punitive Damages Available under 102 of the Civil Rights Act of 1991. Cal. As part of the agreement, Bensalem Township, Pennsylvania will permit the Bensalem Masjid, a Muslim nonprofit religious organization, to use its property for the purpose of building a mosque. The complaint also alleged that the landlord claimed damages to the property that were far in excess of what could appropriately be charged to the tenant. On October 1, 2007, the court entered a consent order in United States v. Adams (W.D. ), United States v. Indigo Investments, LLC (S.D. ), United States v. Glenwood Management Corp. 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). Miss. On March 16, 2010, the case settled before the court ruled on the issue raised inthe United Statesamicus brief. United States v. B.C. The complaint,which was filed on April 30, 2015, alleged the owner of the Royal Park Apartments, an eight-building multi-family residential complex with 224 units in North Attleboro, Massachusetts violated the Fair Housing Act by steering families with children into certain buildings, floors, and units. Ill.). On August 26, 2019, the court entered a consent order resolving United States v. Hubbard Properties, Inc. et al. 30 (2002-2003) United States v. Delta Funding Corporation (E.D.N.Y. Many state agencies have also adopted the principle prohibitions of Title VIII, and with its 1988 amendments, the law has been strengthened, broadened, and attorney's fee provisions have permitted the private bar to play a primary role in its enforcement. United States v. Makowsky Construction Company (W.D. Mass. The engaging in any management duties at the Auburn property and a single family home. The United States also alleged the defendants encouraged their clients to stop making mortgage payments and instructed homeowners to cease contact with their lenders, which resulted in clients defaulting on their mortgage payments and losing their homes. This policy was corroborated by the New Hampshire Legal Assistance Fair Housing Project. By signing the decree, the defendants admitted their failure to design and construct the subject properties in compliance with the requirements of the Fair Housing Act. This article briefly describes the Fair Housing Act and the Fair Housing Act Amendments of 1988 and the problem of tenant hoarding in society and under the law. The sum of the amount of compensatory damages awarded under this section for future pecuniary losses, emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, and other nonpecuniary losses, and the amount of punitive damages awarded under this section, shall not exceed, for each complaining party. On May 9, 2012, the court entered a consent decree in United States v. Barnason (S.D.N.Y.). 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. In its complaint, filed together with the agreement in U.S. District Court in Los Angeles on July 31, 2000, the Division alleged that Yoder-Shrader Management Company, a large apartment management company discriminated against apartment seekers on the basis of race and national origin, in violation of the Fair Housing Act. Home | Some Justicesincluding Justice Stephen Breyer, Barrett, and Kagan appeared to find the availability of emotional distress damages in a set of cases involving innkeepers and common carriers to be relatively clear. A court can award you interest on the injury to feelings and financial loss parts of your compensation. On August 17, 2018, the United States Attorneys Office filed a statement of interest in National Fair Housing Alliance v. Facebook (S.D.N.Y. Also enjoined from further discrimination based on gender and must keep records for future review the. ( W.D Ala. ), United States v. 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