emotional harm in housing discrimination cases

On September 18, 2017, the United States filed a complaint and executed a settlement agreement in United States v. CitiFinancial Credit Co. (N.D. ), United States v. Nationwide Mutual Insurance Co. (S.D. On November 13, 2014, the United States filed a statement of interest in support of the Equal Rights Center's summary judgment motion. Mass.). The rate of interest is currently 8% a year. ), United States v. Townsend House Corp. 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. It also includes injunctive provisions that prohibit Gary Price from being directly involved in the management of residential rental properties or contacting former, current, or prospective tenants, and require that Defendants refrain from future discrimination on the basis of sex and race, seek dismissal or vacatur of unlawful detainer and related actions they filed against aggrieved persons and expungement of related credit reports, retain an independent manager, obtain fair housing training, maintain records, and submit reports to the United States. The Supreme Court denied certiorari on March 5, 2001. Cal.). 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. The court's opinion adopted the United States' argument that the plaintiff in a design-and-construction case may demonstrate liability by showing that the defendant did not follow the HUD FHA Guidelines, and that the defendant may overcome this showing only by demonstrating compliance with another, comparable accessibility standard. 3604(f)(1), (f)(2), and (f)(3)(B), by refusing to grant the complainants request to transfer to a ground floor unit as a reasonable accommodation for his heart condition. The case was primarily handled by the United States Attorneys Office. 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. 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. If your case involves less than $7,000, you can file a small claims case. The complaint, filed on April 19, 2011, alleged the defendants failed to design and construct nine multifamily properties in Mississippi, Louisiana, and Tennessee in compliance with the Fair Housing Act and the Americans with Disabilities Act. ), United States v. First National Bank of Vicksburg (S.D. Contact the Webmaster to submit comments. Alternatively, a lending institution may refuse to approve a loan for purchasing a house or apartment because the buyer intends to use it as a residence for members of a specific religion. Mich.), United States v. Countrywide Financial Corporation (C.D. Fair housing laws open doors, break down barriers, and repair the harm caused by discriminatory housing practices. ), United States v. San Miguel 1 Homeowners Association (S.D. (E.D.N.Y. ), United States v. Fleetwood Capital Development, L.L.C. 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. On December 12, 1996, the court entered a consent decree resolving United States v. Village of Hatch (D. N.M.). ), United States v. Cracker Barrel Old Country Store (N.D. Ga.). Mich.), United States v. Empirian Property Management, Inc. (D. $2.8 million Wrongful death, products liability case involving a tow motor accident at a sewage treatment plant. Please read the cases before citing . ), United States v. Ginsburg Development, LLC (S.D.N.Y. La.). 1143, 1157 (2003) ("[M]any victims must rely on their emotional harm claim as their primary basis for economic compensation."). Civil Rights and Discrimination | Constitutional Law | Law. This provision, enacted as 42 U.S.C. 1 In doing so, the majority declines to follow an 11 . The complaint, which was filed on July 21, 2016, alleged that the Township violated the substantial burden, equal terms, nondiscrimination, and unreasonable limitations provisions of RLUIPA by denying the Bensalem Masjid a use variance to build a mosque on its property. Cal.). 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. . A federal court jury in San Diego, California found that the defendants employee, a condominium security guard, had sexually harassed the plaintiff. ), United States v. Blue Meadows Apartments (D. Idaho), United States v. BMW Financial Services (D. N.J.). The agreement also includes non-monetary relief, including changes in BMW FSs lease termination policies to ensure that required refunds are provided, and employee training. Accessibility Statement. ), United States v. Sarasota County Florida (M.D. The complaint, which was filed on April 10, 2017, alleged that in 2014, the owners and manager of a 16-unit multifamily building terminated the lease of a tenant who asked to add her baby granddaughter to her lease and made statements indicating that they had a policy of not renting to households with children. Under the terms of the consent decree the Village shall: pay $5,000 to each of the forty-four households in Green Oaks who were relocated as a result of the Village's acquisition and/or removal of buildings prior to the entry of this consent decree; establish a fund in the amount of $100,000 for private plaintiffs representing the class pursuant to the notice; pay $1, 000 to any household displaced in the center core of Green Oaks Courts pursuant to the implementation of the Plan; pay $60,000 to Hispanics United of DuPage County, the Hispanic Council, and the Leadership Council for Metropolitan Open Communities; pay $30,000 into an interest-bearing account to be used in furtherance of fair housing in Addison by enhancing awareness of the requirements of federal fair housing laws. Equal Rights Center v. Post Properties (D.D.C. Available at: https://ir.lawnet.fordham.edu/ulj/vol30/iss3/17. Pa.), United States v. Vancouver Housing Authority (W.D. This is a research file with cases from a variety of sources . Fla.), United States v. Satyam, L.L.C. Housing discrimination is more than a refusal to rent, sell, or finance housing. United States v. City of Janesville (N.D. Iowa), United States v. City of Johnstown, Pa. (W.D. Tenn.). The email address cannot be subscribed. The jury also found that the United States had proven a pattern or practice of discrimination and stated that the defendant should pay $35,000 to the United States as a civil penalty. 358, 359- 360, 375 & fn. United States v. Hialeah Housing Auth. ), United States v. City and County of Honolulu Autoworks Inc, d/b/a All Island Towing (D. The consent order requires the Housing Authority to institute broad reforms to safeguard the rights of individuals with disabilities, including revising its policies and processes for handling reasonable accommodation requests and developing an inventory of accessible units for tenants with mobility, vision, and hearing-related disabilities. 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.). 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. Or. The settlement requires that Bay View amend its bylaws, articles of association, and membership application materials to eliminate the religious restriction on membership. On November 17, 2009, the court granted the United States' motion for leave to file a brief as amicus curiae in Hand in Hand/Mano en Mano v. Town of Milbridge, Maine C.A. (N.D. Ohio). Cal. SUBJECT: Enforcement Guidance: Compensatory and Punitive Damages Available under 102 of the Civil Rights Act of 1991. On January 18, 2005, the court entered a consent decree in United States & Bitton v. Altmayer (N.D. Ill.). The United States had filed this case after a determination by the Department of Housing and Urban Development [HUD] that reasonable cause existed to believe that the defendants refused to rent to an African American household. 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. The decree also provides for training of employees and record-keeping and reporting. 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. On April 11, 2018, the United States entered into a settlement agreement resolving United States v. Belshaw (C.D. Okla.). The amended complaint removes Defendant John or Jane Doe and names Rosemarie Pelfrey as the Personal Representative of the Estate of Walter Ray Pelfrey. ), alleging that the owner of a single-family home in Florence, Oregon violated the Fair Housing Act on the basis of familial status by refusing to rent the home to a woman because she would be living with her four foster grandchildren. The consent order also calls for injunctive relief, including training, a nondiscrimination policy, record keeping and monitoring. The complaint, which was filed on September 12, 2001, alleged that Defendants Victoria and Floyd Madsen, owners of Pioneer Village Mobile Home Park in Weiser, Idaho, violated the Fair Housing Act by refusing to rent a mobile home space to a woman and her adult son, on the basis of his mental disability; and that defendant Victoria Madsen made statements indicating that she did not want tenants with mental disabilities. The settlement agreement requires the defendants to pay up to $1,490,000 to compensate 127 servicemembers who had unlawful default judgments entered against them and $34,920 to compensate 10 servicemembers who were charged early lease termination fees in violation of the SCRA. Mich.). United States v. Silverstein Properties, Inc. injury or physical sickness are treated the same as proceeds received for Personal physical injuries or physical sickness above. ), United States v. Housing Authority of the City of San Buenaventura (C.D. Mich.), Hand in Hand/Mano en Mano v. Town of Milbridge, Maine (D. On September 14, 2007, the court entered a consent decree resolving United States and Spears v. Perlick Family Trust (E.D. 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. Tenn.), United States v. Mid-America Apartment Communities, Inc. (formerly Post Properties) (D.D.C. The complaint alleges that Joseph Centanni, the owner and manager of rental properties in and around Elizabeth, New Jersey, violated the Fair Del.). 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. Auth. Cal. (S.D.N.Y.). 31. ), United States v. Santander Consumer USA Inc. (N.D. Specifically, the complaint alleged the owners and managers of the Foster Apartments, either turned away black testers or steered them to an apartment building in a black neighborhood while encouraging whites to rent their other properties. 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. Indigo Investments, LLC (S.D. United States v. JPI Construction, LP (N.D. Ass'n, et al. ), United States v. Chad David Ables, d/b/a Pops Cove (W.D. On January 30, 2020, the court entered a consent order in United States v. Levenson (D. Discrimination complaints can be filed with the HUD based on this act or with the Consumer Financial Protection Bureau (CFPB) based on the Equal Credit Opportunity Act (ECOA). On August 12, 2016, the court entered a consent order with Encore Management Co. and Perkins Parke Limited Partnership, which required payment of $110,000 to seven adult and four minor victims and a $10,000 civil penalty. On March 6, 2006, Judge Amy St. Eve denied defendant's motion to dismiss. (E.D.N.Y. Makinen v. City of New York, 167 F. Supp. On July 29, 2002, the court entered a consent order resolving United States v. Madsen (D. Idaho), a Fair Housing Act election case. The consent order also requires the president of the association's board of directors to resign, issue new by-laws, and require training of its members on the provisions of the Fair Housing Act. Mich.), United States v. Related Companies (S.D.N.Y. According to the National Fair Housing Alliance (NFHA), approximately four million incidents of housing discrimination occur in the United States each year. 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. (D.D.C. In addition, racially targeted loans that are designed to fail make housing unavailable because of race since the borrowers are likely to lose their homes through foreclosure. In addition, the order establishes a $240,000 fund to compensate any persons who are identified victims of the alleged discriminatory practices and pay $42,500 to the complainant. 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. ), United States v. Workman Family Trust (N.D. (W.D.N.C. The complaint alleged that the defendants engaged in a pattern or practice of designing and constructing multifamily housing developments or denying rights to a group of persons in violation of the Fair Housing Act (FHA), 42 U.S.C. Defendants will also pay a civil penalty of $64,715. United States v. Acme Investments, Inc. (E.D. On April 28, the Supreme Court issued a decision in a disability rights case that will foreclose meaningful financial compensation for individuals who face all forms of discrimination in health care settings and other federally funded programs. Ill.). In Cummings v.Premier Rehab Keller, the Court held that plaintiffs in suits brought under Section 1557 of the Affordable Care Act and Section 504 of . Wash.), United States v. Sunburst Mobile Home Village, Inc. (D. N.M.), United States v. Sunrise Villas LLC (E.D.N.Y. Verify that the taxpayer reported taxable amounts at gross rather than reporting them net The supplemental consent order transfers the responsibility for completing the retrofits at two of the nine properties, and having them inspected and certified, from the developer, builder, and original owner defendants to the current property owners. 30 (2002-2003) ), United States v. City of Jacksonville (M.D. United States v. Bedford Development LLC (S.D.N.Y.). Mich.), Voting and Election Resourceswww.vote.gov, On May 24, 2017, the court entered a final partial consent decree in, On September 6, 2017, the parties entered a $95,000. 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 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. You can file a Fair Housing complaint or a complaint with the US Department of Housing and Urban Development (HUD) if you believe you have been a victim of this type of discrimination. ), United States v. Deposit Guaranty National Bank (N.D. The settlement agreement requires Twin Creek to pay $75,615 in damages to 65 servicemembers and a $20,000 civil penalty to the United States. Gov. at pp. ), United States v. Northern Trust Company (N.D. Ill.), United States v. Northwest Trustee Services, Inc.(W.D. This case was referred to the Department of Justice by the Fair Housing Center of Southeastern Michigan. L. J. United States v. Envoy Apartments Association, Inc. (S.D. ), United States v. The Latvian Tower Condominium Association, Inc. (D. The jury awarded the HUD complainants $8,500. The consent decree also required the defendants to pay $13,000 to the HUD complainants. On September 11, 2018, the United States filed a complaint and entered into a settlement agreement in United States v. Twin Creek Apartments, LLC d/b/a/ Pavilion at Twin Creek (D. Since its adoption over thirty years ago, lower courts have mainly adopted an interpretation of the Fair Housing Act that reflects an effort to fulfill its broad legislative purpose. ), alleging a pattern or practice of violations of the accessible design and construction requirements of the Fair Housing Act (FHA). ), United States v. Evergreen Bank Group (N.D. Ill.), United States v. Equity Residential (S.D.N.Y.) ), 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. (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.). Okla.), a Fair Housing Act HUD election case that alleged discrimination based on disability. Refusing to provide a mortgage loan or other financial assistance for a home in mortgage lending. ), United States v. Stone Legacy Corp. (W.D. ), United States v. Fleet Mortgage Company (E.D.N.Y. ), United States v. Bank of America Corp., Citibank, NA, JPMorgan Chase & Co., Ally Fiancial, Inc. and Wells Fargo & Co. ), United States v. Mid America Bank, fsb (N.D. Ill.), United States v. Midtown Development, LLC (S.D. The Statement of Interest argues that the CDA does not prevent an FHA lawsuit against Facebook for the conduct alleged in the complaint. United States v. San Diego Family Housing, LLC (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. According to the complaint, Defendant Guy Emery told the son he would not rent to her because he did not want the liability of her slipping on the ice and getting injured. On November 30, 2012, the court entered a consent decree in United States v. Geneva Terrace (W.D. ), United States v. Glenwood Management (S.D.N.Y. Enhanced accessibility features - including roll-in showers for persons who use wheelchairs - will also be available at all three complexes upon request. 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. On September 25, 2002, the court entered the consent decreein United States v. The John Buck Company (N.D. Ill.). Wash.). HUD conducted an investigation, issued a charge of discrimination, and referred the case to the Division. This case was handled primarily by the U.S. Attorney's Office. An official website of the United States government. Tex. Mass.). Under Title VII, the maximum amount for emotional distress damages is $300,000. Practically, this decision means that while emotional injury is often the primary, and at times the only, harm caused by discrimination, victims will not be able seek justice.Without emotional distress remedies, many discrimination cases in progress will be thrown out, and future cases will not be taken up by lawyers at all. Mass. The plaintiff alleges that the moratorium was adopted because of resident opposition based on the national origin and familial status of the prospective residents. The complaint, filed by the United States and the United States Attorney's Office on December 20, 2016, alleged that the City of Jacksonville violated the Fair Housing Act and Americans with Disabilities Act when it refused to allow the development of housing for individuals with disabilities in its Springfield neighborhood. Additional relief includes: an injunction prohibiting discriminatory housing practices by the defendants in the future; mandatory fair housing training for Mr. Barone and his employees; and an agreement that Ms. Barone will withdraw from the management of rental properties. Feedback | On July 2, 2003, the court entered the consent decree in United States v. ADI Management, Inc. This case was based on evidence developed through the Division's Fair Housing Testing Program. Cal. Fla.), United States v. First Lowndes Bank (M.D. The consent order requires defendants to implement a number of specific practices to ensure that loan terms are offered to customers on a nondiscriminatory basis, including developing written policies to govern financing decisions, posting and distributing nondiscrimination notices to potential purchasers, attending training on the requirements of the Equal Opportunity Act, and engaging in ongoing record keeping and reporting to the United States. 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