LeBlanc appealed the judgment, arguing that Lewis' punitive damages award should be vacated because the jury awarded him neither compensatory nor nominal damage. > (E.D.N.Y.). ), United States v. City of Lilburn (N.D. Ga.), United States v. City of Lomita (C.D. 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. La. Finally, we contended that the bank offered different promotional credit services to those who applied through the Spanish-language system from those commonly offered to other customers. ), a case alleging that Quicken Loans discriminated against borrowers with disabilities by requiring that they provide a letter from a doctor as a condition of their loans. 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. 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. Ind. After respondents were contacted by HUD regarding a complaint of design and construction deficiencies, respondents took corrective actions at an approximate cost of $41,000. ), Texas Department of Housing and Community Affairs v. The Inclusive Communities Project, Inc. (S. Ct.), Settlement Agreement U.S. and Tiberti-Blood, Inc., John David Burke, L.R. Facebook moved to dismiss, arguing, among other things, that the Communications Decency Act immunizes it from the FHA. In the event that any current residents have to be relocated during the term of their tenancy or that any prospective residents have their move-in dates delayed because of the retrofits, the decree provides for the payment of reasonable relocation or housing expenses and $750 in the event of any such relocation or delay. Mich.), United States v. Empirian Property Management, Inc. (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 March 23, 2000, the United States filed an amicus brief, which supported the view that lending practices designed to induce minorities into loans destined to fail could violate the fair lending laws. In an employment discrimination case under . filed under the . Ind. ), United States v. Evergreen Bank Group (N.D. Ill.), United States v. Equity Residential (S.D.N.Y.) Ind.). The complaint, filed on on April 20, 2010, alleged that the managers and owner of three residential apartment buildings in Manhattan engaged in a pattern or practice of sexual harassment of female tenants in violation of Fair Housing Act. The complaint seeks injunctive and declaratory relief. Cal. On October 30, 2020, the United States filed an amended complaint in United States v. Hubbard (N.D. Ohio). Pursuant to the consent order, Epcon Communities, Inc. and Epcon Communities Franchising, Inc. must pay up to $2,200,000 to correct inaccessible features in the common areas of the properties and within the individual units. This consent order resolves a pattern or practice case filed on February 21, 2019, alleging that the defendants discriminated on the basis of disability by designing and constructing an addition to the Seasons Resort property in Galveston, Texas without features of accessibility required by the Fair Housing Act and the Americans with Disabilities Act. Concerning Discrimination Cases. On December 12, 2008, Homecomings Financial, LLC and GMAC Mortgage, LLC and their affiliates, including but not limited to GMAC Bank and Residential Funding Company, LLC, agreed to resolve our Servicemembers Civil Relief Act (SCRA) investigation. On March 1, 2017, the court entered a consent order in United States v. City of Sterling Heights (E.D. La. Neb. ), United States v. PRG Real Estate Management (E.D. United States v. Lexington Village Apartments and Hillcrest Village (D. N.J.), United States v. Little Rock Planning Commission (E.D. Ind.). The City has also agreed to rescind the written interpretation that prevented Ability Housing from providing the housing at issue, designate a fair housing compliance officer, provide Fair Housing Act and Americans with Disabilities Act training for City employees, and pay a $25,000 civil penalty to the government. The 1990 zoning ordinance effectively prohibited all "non-grandfathered" mobile homes in the Village. The Departments complaint also alleges that First Merchants adopted a residential mortgage lending policy that had the effect of denying residents of predominantly African-American neighborhoods equal access to credit in violation of federal law. The consent decree requires standard injnctive relief, non-discriminatory occupany standards, record-keeping, reporting and training. Miss. See Key Points - Table of Contents below. No. ), United States v. Wellston Corporation d/b/a Wellston Properties (E.D. Merchant's racial slurs violated customer's civil rights, N.J. court says. The consent order requires the defendants to: pay $70,000 to the complainants; admit that their actions violated the Fair Housing Act; issue a letter of apology; pay $10,000 to the widow of a Triumvera resident who used a wheelchair during the last years of his life, and pay a $3,500 civil penalty. 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 also alleged that, through implementation of these TIF districts, the Village violated the Fair Housing Act by seeking to displace Hispanic families residing in these areas. ), United States v. Bernards Township (D. N.J.), United States v. Biafora's Inc. (N.D. W.Va.), United States v. Biaforas Inc. (N.D. W. Va.), United States v. Big D Enterprises, Inc. (W.D. United States v. Applewood of Cross Plains (W.D. In Curtis v. Loether, supra, 415 U.S. 189, a title VIII housing discrimination case, the United States Supreme Court made a similar distinction. 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. Tenn.). The defendants also must pay $40,000 in damages to the Fair Housing Advocates Association, which filed the discrimination complaint with HUD that initiated this case. United States v. Centier Bank (N.D. The four-year decree also provides for monitoring of the defendants' operation of their business, requires them to undergo training, and imposes restrictions on any subsequent buyer of the rental properties. The amended complaint, filed on May 9, 2017, alleges that the defendants intentionally discriminated against Hispanic homeowners in violation of the federal Fair Housing Act by targeting them for predatory mortgage loan modification services and interfering with their ability to receive financial assistance to maintain their homes. The Eighth Circuit Court of Appeals affirmed the district court's judgment and its opinion is reported at 184 F.3d. 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 consent order provides for $42,250 in damages to the HUD complainant, as well as standard injunctive relief. ), United States v. Fidelity Federal Bank (E.D.N.Y. The consent decree requires the defendants to pay $17,500 to the servicemember and a civil penalty of $2,500, as well as to adopt new policies and procedures to avoid SCRA violations in the future. The lawsuit alleged that the Green Valley Country Club Apartments were not accessible to persons with disabilities because, among other things, there was no accessible route into the dwellings, the doors in the units were too narrow to allow access by persons using wheelchairs, bathroom walls lack reinforcements needed for the safe installation of grab bars, and the common and public use areas were not accessible. The parties executed a settlement agreement on June 29 to resolve this lawsuit, filed by the U.S. Attorneys Office on January 18, 2017, alleging that a housing cooperative and management company discriminated against an individual with disabilities when it refused a reasonable accommodation to allow him to purchase a coop unit at Thompkins Manor using a special needs trust. Cal. Equal Employment Opportunity 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). 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 agreement also requires that the defendant implement nondiscriminatory application and rental procedures at the park, undergo fair-housing training and provide periodic reports to the department. The complaint asserted that Yoder-Shrader had discriminated at eight of its apartment complexes by either restricting families to certain units within apartment complexes; instructing certain employees that they were not permitted to rent to Hispanic or African-American prospective renters; and, not telling minority apartment-seekers the same information about the availability of rental units as was provided to whites. Please try again. On March 29, 1999, the United States filed a lawsuit against Associates National Bank of Delaware [ANB], a leading issuer of Visa and MasterCard bank cards, claiming that the bank violated the Equal Credit Opportunity Act [ECOA] by discriminating on the basis of national origin, specifically, against persons of Hispanic origin. Contact a qualified civil rights attorney to help you protect your rights. The consent decree requires the defendants to: pay $33,000 to the HUD complainant's Special Needs Trust and $4,500 to HOPE Fair Housing Center; adopt a reasonable accommodation policy and to obtain fair housing training. Va.). v. Baumgardner, Thomas C. 11/15/1990: . As a result, people of certain backgrounds have a more difficult time finding safe, affordable housing, lowering the overall quality of life in American society and undermining the fundamental principles of fairness and equality. The settlement agreement requires defendants to retrofit the three buildings to make them accessible, pay $10,000 in damages to the complainant, the Northwest Fair Housing Alliance, adopt a nondiscrimination policy, and attend training on the Fair Housing Act. Prior to entering into the settlement agreement, the defendant had granted the complainants request for a unit transfer. March 31, 2019), a sexual harassment/retaliation case, the court - in addition to denying defendant's motion for judgment as a matter of law on plaintiff's retaliation claim - next evaluated the jury's damage awards to plaintiff ($750,000 in emotional distress damages, $500,000 in punitive damages). Tex. The complaint was filed on January 29, 2009, and was handled jointly by the Division and the U.S. Attorney's Office for the Eastern District of Michigan in Detroit. Rutherford County, Tenn., is the defendant in the civil case, and had granted permission for the construction of the mosque. also see United States v. Jarrah; aka Yurman, Land Guardian, Inc., f/d/b/a Gaslamp, d/b/a 360 Midtown (S.D. The case was referred to the Division after the Department of Housing and Urban Development (HUD) received complaints, conducted an investigation, and issued a charge of discrimination. 3 (2003), Emotional Harm in Housing Discrimination Cases: A New Look at a Lingering Problem, Victor M. Goode, City University School of Law ), a Fair Housing Act election case. Defendants moved to dismiss pursuant to Rules 12(b)(1) and 12(b)(6), on the grounds that in seeking a reasonable accommodation, Unity House had not complied with the procedural requirements of state zoning law. Defendants own a single-family home in Cheyenne, Wyoming, as well as a number of other small rental properties in that area. On January 30, 2020, the court entered a consent order in United States v. Levenson (D. On August 24, 2018, the United States Attorneys Office executed a settlement agreement in the United States v. Tinley Park, Illinois (N.D. Ill). The complaint also names Domco, LLC and Domco II, LLC. Under the terms of the consent order the defendants are required to pay up to $165,000 to compensate victims and $20,000 in civil penalties to the United States. The consent decree requires the defendants to pay $16,000 to the HUD complainant, continue to allow him to keep an emotional support animal, waive all claims against him for attorneys fees, create a new reasonable accommodations policy, obtain fair housing training and be subjected to various reporting and recordkeeping requirements. United States v. St. Bernard Parish (E.D. 03-92-0245-1 (March 11 . Over nine million dollars was directed toward community-based relief, such as a home purchase and home improvement loan subsidy; financing cost assistance; home ownership counseling; and a emergency home repairs fund. 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 Division filed the Amended Complaint later that day. (the individuals with disabilities who would have lived in the home intervened in the case through private counsel and settled separately). v. Rutherford County Regional Planning Commission (Chancery Court for Rutherford County, Tennessee). Meeting with a lawyer can help you understand your options and how to best protect your rights. Worse yet, age discrimination is not explicitly forbidden by the Fair Housing Acts federal law. United States v. Dorchester Owners Association (E.D. 312.744.4111 (voice) - 312.744.1088 (TTY) - 312.744.1081 (fax) City of Chicago Commission on Human Relations A partial consent decreewith the developer defendants entered on January 12, 2017 provides for standard injunctive relief, coverage of an additional property developed by the defendants, retrofits of non-compliant features, payments of $480,000-$960,000 to aggrieved persons and a $50,000 civil penalty. Tenn.). The properties are Rockwood Apartments in Bear, Delaware; Bethany Bay Resort Community in Sussex County, Delaware; and West Creek Village in Elkton, Maryland. Request PDF | On Jan 10, 2011, Saadi Lahlou and others published Conclusions: Steps towards more sutainble energy use in housing | Find, read and cite all the research you need on ResearchGate Pa.). On March 15, 2016, the court entered a consent order in United States v. Mere (M.D. Psychotherapy records are discoverable in cases involving emotional distress. (2003). Nonetheless, it is categorically prohibited in light of the broader ban on discrimination based on familial status. It also applies to all aspects of housing transactions, such as advertising, financing, leasing, and sales. 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. Mass. Tenants (current and prospective) have several ways to fight unlawful discriminationincluding negotiating a settlement with a landlord (perhaps with a mediator's help) and filing a complaint with a government fair housing agency that may result in a conciliation agreement between landlord and tenant. The United States Statement of Interest argues that the facts alleged by the Ramapough state substantial burden and unequal treatment claims under RLUIPA. 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. Small rental Properties in that area court of Appeals affirmed the district court 's judgment its! As advertising, financing, leasing, and had granted permission for the construction of the mosque, arguing among... Of other small rental Properties in that area district court 's judgment its... 15, 2016, the United States v. Little Rock Planning Commission ( E.D help. V. Evergreen Bank Group ( N.D. Ohio ) you understand your options and to... 2016, the defendant had granted the complainants request for a unit transfer for the construction the! Defendant in the case through private counsel and settled separately ) Management ( E.D v. Rutherford County, Tenn. is! V. Wellston Corporation d/b/a Wellston Properties ( E.D in Cheyenne, Wyoming, as well as standard relief! ( S.D Real Estate Management ( E.D N.D. Ohio ) the Communications Decency Act immunizes it the... Guardian, Inc., f/d/b/a Gaslamp, d/b/a 360 Midtown ( S.D settlement. States Statement of Interest argues that the facts alleged by the Fair Housing Acts law... Later that day ( D. N.J. ), United States v. City of Lomita ( C.D Bank Group N.D.. Civil rights attorney to help you understand your options and how to best protect your rights `` non-grandfathered mobile... Of the broader ban on discrimination based on familial status 29 to resolve this lawsuit, filed by U.S... The broader ban on discrimination based on familial status Corporation d/b/a Wellston Properties ( E.D reported at F.3d... The parties executed a settlement agreement, the court entered a consent order provides for $ 42,250 damages! V. Mere ( M.D, and sales v. PRG Real Estate Management ( E.D (.! Also see United States v. 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