The Civil Rights Division and the U.S. Attorneys Office for the Central District of California are handling the case jointly. United States v. Chandler Gardens Realty, Inc. (D. ), United States v. Bank of America Corp., Citibank, NA, JPMorgan Chase & Co., Ally Fiancial, Inc. and Wells Fargo & Co. Tenn.). The Complainant filed a claim of discrimination with the City of Madison Department of Civil Rights on August 28, 2015, which she then amended on March 23, 2016 and July 6, 2016. Tex.) Protected characteristics include race, color, national origin, religion, gender, familial status, sexual orientation, and disability. Fla.), United States v. Cedar Builders, Inc. (E.D. Under the settlement, the Bank will invest $1.12 million in a loan subsidy fund to increase credit opportunities to residents of predominantly African-American neighborhoods, and will devote $500,000 toward advertising, community outreach, and credit repair and education. ), Loveless v. Euramex Management Group, LLC (Wesley Apartment Homes, LLC), Memphis Center for Independent Living and the United States v. Milton and Richard Grant Co. (W.D. The case was based on evidence generated by the Division's Fair Housing Testing Program. The complaint alleges that the Defendants discriminated against the Complainants on the basis of disability by failing to grant a reasonable accommodation to its breed restriction policy to allow a daughter with PTSD to visit her mother at the mobile home community with her assistance animal and that the Defendants interfered with their fair housing rights by banning the daughter and evicting the mother from the community. The United States also filed an amicus brief in the district court. (D.D.C.). 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 Privacy policy | By Marcia Stewart. This is a research file with cases from a variety of sources . 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 complainants contacted the Metropolitan Milwaukee Fair Housing Council (MMFHC), and they conducted testing that supported the allegations. On April 22, 2005, the court entered a consent decreein United States v. Chateau Village Apartments (N.D. Ill.), a Fair Housing Act election disabilitycase. 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. Housing Authority of the Town of Milford (D. Conn.), United States v. Housing Authority of the City of Winder, Georgia (N.D. Ga.), United States v. Housing Management Services (W.D. The principal violations at the properties include, among other things, a lack of accessible routes to many covered units and public and common use areas due to steps, the absence of curb cuts, vertical level changes, and steep running and cross slopes; a lack of accessible routes into and through the dwelling units due to high thresholds, narrow passage ways, and narrow doors; and adaptive design violations in the bathrooms and kitchens. Fordham Urb. Ark.). United States v. Dorchester Owners Association (E.D. violated the Fair Housing Act on the basis of disability by failing to design and construct the Sutton Manor condominium building in Mount Kisco, New York with the accessibility features required by the Act. The complaint, which was filed on November 14, 2014, alleged that the owner, property management company, district manager, and maintenance employee of a 56-unit apartment building located in Cross Lanes, West Virginia violated the Fair Housing Act by discriminating against tenants on the basis of sex (both quid pro quo and hostile environment sexual harassment), and that the owner, manager, district manager, and site manager retaliated against tenants who complained about the sexual harassment. Mont.). It is past time to act for everyone to live in safety. Also, queer couples might be denied housing because their relationship doesnt align with the landlords values.. The consent order requires the Defendants to pay $44,000 in monetary damages to the complainants family, and includes injunctive relief, training, monitoring, and a provision requiring Defendants to vacate and shield from public disclosure a state court judgment they obtained against the complainant.. United States v. The Durst Organization (S.D.N.Y. the Fair Housing Act (FHA . 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. (E.D.N.Y. The consent order will remain in effect for four years. Nonetheless, it is categorically prohibited in light of the broader ban on discrimination based on familial status. There are usually two components to asserted damages in an employment termination claim, and therefore to any settlement of such a claim: (1) compensation for economic losses such as back pay, and (2) compensation for emotional distress harm. Ill.), United States v. Sharlands Terrace LLC (D. Nev.), United States v. Shawmut Mortgage Company (D. Conn.), United States v. Shur-Way Moving and Cartage (N.D. Ill.). Va.), United States v. Choice Property Consultants, Inc. (D. Tenn.). In August 2018, the United States notified the City that it had concluded that the City had violated RLUIPA and intended to file suit, and offered the City an opportunity to negotiate a resolution. J & R Associates also has agreed to train any new employees and to comply with the Fair Housing Act going forward. The consent decree requires the defendants to modify condominium and townhouses that are not in compliance with the Act. There are reporting requirements and the Metropolitan Fair Housing Council of Oklahoma City, Oklahoma will receive $3,000.00 in compensatory damages. ), United States v. City of Des Plaines, Illinois (N.D. Ill.), United States v. City of Fairview Heights (S.D. 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. Two major health care rights cases made it to the Supreme Court this year. 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 complaint alleges that two San Antonio-area landlords engaged in a pattern or practice of violating the Servicemembers Civil Relief Act (SCRA) by imposing early termination charges against servicemembers who terminated their residential leases after receiving qualifying military orders and by denying other servicemembers requests to terminate pursuant to the SCRA. 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. Va.), a Servicemembers Civil Relief Act (SCRA) pattern or practice case. Ohio), United States v. Fifth Third Mortgage (M.D. On June 28, 2000, the United States signed a settlement agreement with a real estate company settling our allegations that one of its former agents violated the Fair Housing Act on the basis of race by engaging in a pattern or practice of discrimination in the sale of a dwelling. Mo.). (S.D.N.Y. In Part III, this Article examines the cycles of ignorance that have contributed to an under-valuation of emotional harm in housing discrimination litigation. There has always been wide discretion to set damages for emotional distress in Fair Housing cases. ), United States v. Lytton IV Housing Corp (N.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. On May 4, 2015, the court entered a consent orderresolving United States v. J & R Associates (D. Speak to an attorney about the possibility of filing a discrimination claim. The complaint, filed on June 15, 1995, alleged that from 1986, the Village of Hatch, through its Mayor and Board of Trustees, has engaged in a course of municipal action intended to prevent permanent resident aliens of Mexican national origin from living in the Village. Pa.), United States v. City of Joliet (N.D. Ill.), United States v. City of Lake Station (N.D. ), United States v. Bank United d/b/a/ Commonwealth United Mortgage (W.D.N.Y.). Ga.), United States v. Housing Authority of the City of Ruston (W.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 . Under the terms of the agreement, J & R Associates will establish a $70,000 settlement fund to compensate victims of the discriminatory practices. To view the content in your browser, please download Adobe Reader or, alternately, ), alleging that the City of Hesperia and the San Bernardino County Sheriffs Department discriminated against African American and Latino renters through the enactment and enforcement of a rental housing ordinance. v. Rutherford County Regional Planning Commission (Chancery Court for Rutherford County, Tennessee). The court held that the Parish broke the law when it failed to act on the request because of opposition from neighborhood residents and a member of the Parish Board. The complaint alleges that the defendant violated 50 U.S.C. Under the terms of the consent order, the defendant will establish a settlement fund of $30,000 to compensate victims of his discriminatory practices and pay a civil penalty of $10,000 to the United States. The case was referred to the Division by the Office of Thrift Supervision. 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. violated the Fair Housing Act by discriminating against tenants on the basis of sex (both quid pro quo and hostile environment sexual harassment), and that the owner, manager, district manager, and site manager retaliated against tenants who complained about the sexual harassment. After the permit was denied, Unity House continued to operate legally with five residents. Among the features which will be retrofitted are bedroom and bathroom doors which are too narrow to accommodate persons who use wheelchairs; clear floor space in bathrooms that is inadequate for use by persons in wheelchairs; and excessive sloping of the pavement leading up to dwelling unit entrances as well as the thresholds to those entrances which makes it difficult for persons who use wheelchairs to enter units. Fla.), United States v. Epcon Communities, LLC (S.D. United States v. Garden Homes Management Corp. (D. N.J.), United States v. General Properties Company (E.D. Some have argued that this has been primarily due to the deficiencies in the law itself. ), United States v. City of Lilburn (N.D. Ga.), United States v. City of Lomita (C.D. and Capstone, Inc. discriminated on the basis of disability by failing to design and construct five Boise complexes in accordance with the Fair Housing Act's accessibility requirements for new multifamily housing. 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. Everyone, regardless of their background, should have the same opportunity to find a decent place to live. Ala.), United States v. GuideOne Mutual Ins. 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. ), United States v. Lee Enterprises, Inc. & Lee Publications, Inc., d/b/a Elko Daily Free Press (D. Nev.), United States v. L & M 93rd Street LLC (The Melar) (S.D.N.Y.). The United States Navy referred this matter to the Department of Justice. As alleged, the individual defendants and their defunct companies The Home Loan Auditors LLC, Century Law Center LLC, SOE Assistance Center Inc. told homeowners that forensic home loan audits were essential for loan modifications, when the audits had no impact on the loan modification process and provided no financial benefit. On September 10, 2020, the United States filed an amended Fair Housing ActcomplaintinUnited States v. City of Hesperia(C.D. PHRC has been certified by HUD as one such agency. The cases discussed below have not been updated to the present-day value in accordance with Lara G. v Postmaster General, EEOC Req. ), United States v. Blue Meadows Apartments (D. Idaho), United States v. BMW Financial Services (D. N.J.). 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. 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. On November 23, 2017, the United States Attorneys Office entered into a settlement agreement resolving United States v. Salem (D. Court Awards of Emotional Distress Damages Over $100,000 . 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. Copied to clipboard. If your landlord's actions - or lack thereof - caused you significant emotional harm, you might be able to seek emotional distress damages. The court held that the City of Springfield, Illinois engaged in a pattern or practice of discrimination, in violation of the Fair Housing Act (FHA), by imposing a 600-foot spacing rule on group homes of five or fewer persons with disabilities, but not on comparable homes of non-disabled persons. Ohio). 12183(a)(1). ), United States v. Bankert (Jymco) (E.D.N.C. Conrad A. Johnson, Colombia University School of Law, housing, emotional harm, discrimination, civil rights. This article explains why Cummings does not apply to most discrimination cases or other causes of action and provides advice when seeking emotional distress damages. In August 2018, Cummings sued Premier Rehab, but sought damages only for her "emotional distress.". United States v. Carteret Terrace, LLC (D. N.J.), United States v. C&F Mortgage Corporation (E.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. United States v. Witherington (S.D. United States v. Centier Bank (N.D. This case was handled jointly by the Civil Rights Division's Housing and Civil Enforcement Section and the U.S. The HUD complainants intervened in the case. 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. 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. 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. An official website of the United States government. Wash.), United States v. Notre Dame de Namur University (N.D. Me.). 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. The consent decree provides for $100,000 in damages to compensate aggrieved individuals and a $30,000 civil penalty, as well as standard injunctive relief, including fair housing training, adoption of a nondiscrimination policy, and reporting requirements. FAQ | 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. On March 1, 2017, the court entered a consent order in United States v. City of Sterling Heights (E.D. The settlement agreement provides a total of $40,000 to the three families and a $10,000 civil penalty. > United States & Stadtlander v. Warren Properties, Inc. (S.D. ), United States v. Cracker Barrel Old Country Store (N.D. Ga.). Landlords are not allowed to discriminate against seniors by not renting to them or applying different rules to their tenancy than they would to anyone else. Fla.), United States v. Patel d/b/a Econo Lodge (S.D. (S.D.N.Y.). Makinen v. City of New York, 167 F. Supp. United States v. City of Agawam (D. On November 18, 2018, the United States filed a Statement of Interest in U.S. District Court in South Carolina supporting a churchs claim that the Town of Edisto Beach violated its rights under the First Amendment when the Town barred it from renting space at the Towns Civic Center. Mich.), United States v. Candy II, d/b/a Eve (E.D. ), United States v. Charter Bank (S.D. Available at: (W.D.N.C. ), Equal Rights Center v. Equity Residential (D. ), United States v. Kenna Homes Cooperative Corporation (S.D. 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 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. City of Janesville (N.D. Iowa), United States v. City of Johnstown, Pa. (W.D. Wash.). In the case, the plaintiffs allege that Facebook uses its data collection and advertising tools to segregate users of the platform into different groups by race and national origin. Va.), United States v. Mortgage Guaranty Insurance Corp. (W.D. On March 25, 2019, the United States Attorney's Office filed a complaint and proposed consent decree in United States v. 118 East 60th Owners, Inc. On October 18, 2010, the United States' filed an amicus brief in Estes v. Rutherford County Regional Planning Commission (Chancery Court for Rutherford County, Tennessee). https://www.thefreelibrary.com/Emotional+harm+in+housing+discrimination+cases%3a+a+new+look+at+a-a0103993957. ), United States v. Erie Insurance Co. Tenn.), United States v. Burgundy Gardens LLC (S.D.N.Y. The complaint, filed February 19, 2003, alleged that Beaudet subjected female tenants to severe, pervasive, and unwelcome sexual harassment. (S.D. Emotional harm has been generally classified as "humiliation, embarrassment, emotional distress, and other such intangible harms to the plaintiff's personality." (71) The effects of emotional harm in housing discrimination cases may also lead to increased anger, frustration, depression, resentment, or shame. June 5, 2019 / 12:15 PM / CBS Colorado. ), United States v. Bank of America Corp., Citibank, NA, JPMorgan Chase & Co., Ally Financial, Inc. and Wells Fargo & Co. 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 Thebrief argues that by targeting minorities for predatory loans, a lender discriminates in the terms and conditions of home financing, even if it makes all or most of its loans in minority areas. Neb. Fla.). United States v. Port Liberte Condo 1 Ass'n, Inc. (D. N.J.), United States v. Portzen Construction, Inc. (S.D. On June 29, 2017, the court entered aconsent decree in United States v. City of Jacksonville (M.D. v. Summerland Heights GP, L.L.C. ), alleging a pattern or practice of sexual harassment in violation of the Fair Housing Act. Miss. Tex. Mass. It also applies to all aspects of housing transactions, such as advertising, financing, leasing, and sales. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Please enter a legal issue and/or a location, Begin typing to search, use arrow Wash.). ), United States v. City of Jacksonville (M.D. Contact FHC. The defendant was aware of the large concentration of families with permanent resident aliens of Mexican national origin which resided in mobile homes on Elm Street before it formally adopted the 1993 zoning ordinance, and before it began enforcing such ordinance. United States v. Western Rim Investors 2011-4, L.P. (W.D. 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). The complaint, filed October 26, 2011, alleged that Nicolai Quinn, the manager of the apartment complex, told prospective African-American renters that apartments were not available when they were, while telling prospective white renters that there were apartments available. Wash.). United States v. Delta Funding Corporation (E.D.N.Y. The court dismissed the complaint and Mr. Gomez filed an appeal in the Ninth Circuit Court of Appeals. Nevertheless, housing discrimination remains persistent and Title VIII is a mere stopgap measure for a social issue that seems intractable. The complaint, filed on April 11, 2018, alleged that Douglas Waterbury, a residential property owner and landlord, violated the Fair Housing Act by engaging in a pattern or practice of sexual harassment against female tenants and potential tenants. Tex. In addition, the defendants are required to: pay damages in the amount of $29,000 to persons harmed by the lack of accessible features at the complexes; pay $5,000 in damages to the Intermountain Fair Housing Council ("IFHC"); and ensure that new construction complies with the Fair Housing Act with respect to new construction comply with the provisions of the Fair Housing Act. On March 6, 2006, Judge Amy St. Eve denied defendant's motion to dismiss. 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. Cal. On July 27, 1999, the court entered a consent decree resolving United States v. Orchard HillBuilding Co. Inc.(N.D. Ill.), The complaint, which was filed on July 1, 1999, alleged the architect and developer built residential properties, Creekside of Spring Creek and Convington Knolls, violated the Fair Housing Act when they did not include certain features that would make the units accessible to persons with disabilities. States & Stadtlander v. Warren Properties, Inc. ( E.D stopgap measure for social! Opportunity to find a decent place to live past time to Act for everyone to live in safety in 2018. Janesville ( N.D. Ga. ), United States v. Carteret Terrace, LLC ( D. N.J. ) the emotional harm in housing discrimination cases ignorance. Of Thrift Supervision v. Epcon Communities, LLC ( D. Tenn. ), a Servicemembers Civil Relief Act SCRA! Properties Company ( E.D Property Consultants, Inc. ( E.D to dismiss june 29, 2017, the States... City, Oklahoma will receive $ 3,000.00 in compensatory damages, familial.... 50 U.S.C, discrimination, Civil rights Eve ( E.D employees and to comply with the Housing! 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