), United States v. Torino Construction Corporation of Nevada, Inc. (D. Nev.), United States v. Town of Chapel Hill, North Carolina (M.D.N.C. Ohio), United States, NFHA & LIHS v. Uvaydov (E.D.N.Y. ), United States v. Landings Real Estate Group (D. Conn.), United States v. Larkspur, LLC (S.D.N.Y. 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. This article explores how Medicaid policies excluding or limiting coverage for transition-related health care for transgender people reproduce hierarchies of race and class and examines the social, economic, legal, political, medical, and mental health impact of these policies on low-income trans communities. On September 14, 2020, the court entered a consent order in United States v. PR III/Broadstone Blake Street, LLC, et al. The agreement also requires monitoring for SCRA compliance. A PDF Reader is necessary to view these files. This case is based on evidence generated by the Division's Fair Housing Testing Program. 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. In this case, USAA sought to enjoin PHRC's investigation of an individual's Fair Housing Act complaint. ), United States v. City of Pooler, GA (S.D. Regional Economic Community Action Program, Inc. v. City of Middletown (S.D.N.Y. The case was referred to the Division after the Department of Housing and Urban Development (HUD) received two complaints from former tenants, conducted an investigation, and issued a charge of discrimination. 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. 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. As under FEHA, Unruh allows recovery of actual damages, emotional distress damages, and discretionary attorney fees. Both partial consent orders required the defendants to undergo training on the Fair Housing Act and to provide periodic reports to the government. Housing discrimination threatens one's stability and limits housing choices and opportunities. 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 Pleasant (M.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. Semantic Scholar is a free, AI-powered research tool for scientific literature, based at the Allen Institute for AI. 312.744.4111 (voice) - 312.744.1088 (TTY) - 312.744.1081 (fax) City of Chicago Commission on Human Relations United States v. Fernando L. Sumaza & Co., 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. Some recent housing discrimination cases also involve zoning practices that make it difficult or impossible for members of religious organizations to worship together in their homes or neighborhoods. Under the terms of the consent decree, the defendants will retrofit the 283 units and common areas to make them accessible to persons with disabilities, pay damages of $30,000 to Access Living of Metropolitan Chicago, pay $50,000 to compensate tenants who have been harmed by the lack of the accessible features at the complex, and pay a $13,600 civil penalty to the United States. In consolidated cases brought by the United States and Louisiana ACORN Fair Housing and Gene Lewis, plaintiffs alleged that the defendant, the owner and operator of an apartment complex in Lake Charles, Louisiana, intentionally discriminated on the basis of race against Gene Lewis when he refused to rent him a studio apartment. The Unruh Civil Rights Act requires a minimum penalty of $4,000 for non-violent discrimination and $25,000 for violence or threat of violence. Pa.). The settlement agreement requires Hatfield to pay $550,000 in damages to 17 actual or prospective residents of Hatfields properties and a $50,000 civil penalty. 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. Part I provides an overview of the current state of emotional harm cases. The Fair Housing Act was passed in 1968 in the aftermath of Dr. Martin Luther King, Jr.'s assassination and as an extension of the Civil Rights Act of 1964; it has been amended several times since then. Okla.), a Fair Housing Act HUD election case that alleged discrimination based on disability. 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 received a complaint, conducted an investigation, and issued a charge of discrimination.. United States v. Hudson Valley Federal Credit Union (S.D.N.Y. Tenn.). 4. The case was handled by the Departments Housing and Civil Enforcement Section within the Civil Rights Division. Cal. Mich.), United States v. RSC Development Group, Inc. (N.D. Ill.), United States v. Rutherford County, Tennessee (M.D. Code, 12900 et seq. This practice can manifest itself in a variety of ways. Infliction of emotional distress is a tort, which is an action (or inaction) someone takes that injures someone else. 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. The complaint, which was filed on January 29, 2020, alleged that a landlord in Brookline, Massachusetts refused to return an overpayment of rent and delayed the return of a servicemembers security after he properly terminated his lease under the Servicemembers Civil Relief Act (SCRA). The complaint, filed on October 9, 2018, alleged Dyersburg Apartments, Ltd. and MACO Management Company, Inc. discriminated on the basis of race, in violation of the Fair Housing Act, when they denied the rental application of the complainant, who is Black, because of his criminal record, despite contemporaneously approving the rental applications of two whitetenants with felony convictions. 405, Census Data Information, Subject Characteristic, at http://fact finder.census.gov/servlet/MetadataBrowserServlet?type=subject&id=RACESF1& dsspName=DEC_2000_SF1&back=update&jlang=EN (last visited Mar, MetadataBrowserServlet?type=subject&id=RACESF1& dsspName=DEC_2000_SF1&back=update&jlang=EN (last visited Mar, The Census Bureau used "Revisions to the Standards for the Classification of Federal Data on Race and Ethnicity, COMM'N ON RACIAL & ETHNIC DIVERSITY IN THE PROFESSION, supra note 305, By clicking accept or continuing to use the site, you agree to the terms outlined in our. Auth. ), United States v. Canal Street Apartments (D. Idaho), United States v. Candlelight Manor Condominium Association (W.D. On May 13, 2008,the courtdenied plaintiffs' motion for summary judgment in Turning Point Foundation v. DeStefano (D. Conn.). United States v. Pasco County Fair Association, Inc. (M.D. ), United States v. City of Columbus (S.D. 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. Chicago Fair Housing Ordinance. Mich.). La.). Housing and Urban Development. Ill.) (consolidated with Valencia v. City of Springfield (C.D. ), United States v. Flagstar Corporation and Denny's (N.D. 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. ), United States v. Village of Tinley Park, Illinois (N.D. Ill.). Pa.), United States v. The Mortgage Super Center (D. Ariz.), United States v. MSM Brothers, Inc. d/b/a White Cliffs at Dover (D. N.H.). Haw.). The complaint alleged that Citi repossessed 164 automobiles between 2007 and 2010 from protected servicemembers without first obtaining court orders, in violation of Section 3952 of the Servicemembers Civil Relief Act (SCRA). The complaint alleged that the Countys denial of the permit imposed a substantial burden on the Muslim congregations exercise of religion that was not narrowly tailored to further a compelling governmental interest. The United States also alleged that because of this discrimination, the complainants could not purchase the home of their choice from third-party sellers, and were forced into a far more expensive and less satisfactory home. This, and future civil rights legislation, would be characterized by the development of a national agenda for ending . For an overview of your options, see the . Discrimination in housing is an unfortunate reality in the United States. Pa.), United States v. Breckenridge Plaza (E.D. 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 Me.). Wash.), United States v. Sunburst Mobile Home Village, Inc. (D. N.M.), United States v. Sunrise Villas LLC (E.D.N.Y. This is a Fair Housing Act pattern or practice/election case, which was referred to the Division by HUD and alleges discrimination on the basis of familial status. ), United States v. Lincolnshire Senior Care LLC (N.D. Ill.), United States v. LNL Associates (D. Kan.), United States v. Loki Properties (D. Minn.), United States v. Long Beach Mortgage Company (C.D. Ohio). Ky.), United States v. Habersham Properties, Inc. (N.D. Ga.), United States v. Hallmark Homes (D. Idaho), United States v. Randy Hames and Hames Marina, d/b/a Hames Marina and Mobile Home Park (N.D. Ala.), United States v. Hampton Corporation (D. N.D.), United States and the North Carolina Fair Housing Center v. Harris, Thetford Properties IV L.P. On December 12, 1996, the court entered a consent decree resolving United States v. Village of Hatch (D. N.M.). W. Va.), United States v. Kent State University (N.D. Ohio), United States v. Kips Bay Towers Condominium, Inc. The order requires Peterson to adopt and implement a comprehensive sexual harassment policy and complaint procedure at his properties. Under the terms of the settlement agreement, the defendants will pay $25,000 in monetary damages to compensate the HUD complainant. Pa.), United States v. American Family Mutual Insurance (E.D. The defendants filed a motion for summary judgment on the grounds that reverse redlining does not violate either law because they have provided credit to African Americans, and on the same terms that they would provide to whites. The complaint also alleged that the defendants retaliated by issuing a notice to vacate and by filing an eviction action after complainants filed a fair housing complaint. On September 19, 2019, the United States file a complaint in United States v. the City of Troy, Michigan (E.D. Ass'n, et al. ), a Fair Housing Act pattern-or-practice/election case. On June 14, 2016, the court entered the consent decree in United States v. Brinson (D. Nev.), a Fair Housing Act election referral alleging a pattern or practice of familial status discrimination. eral housing discrimination cases, 9 . The complaint, which was filed on January 5, 2017, alleged the designers and developers of One River Place and Silver Towers in New York City violated the Fair Housing Act by failing to design and construct these properties so as to be accessible to persons with disabilities. ), United States v. Urban Rental Company (C.D. United States v. Gentle Manor Estates, LLC (N.D. 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. 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. 1-877-979-FAIR info@fhcmichigan.org United States v. Penny Pincher, Inc. (S.D. The court also denied Springfields summary judgment motion against the United States, finding that a reasonable jury could award damages to the group home residents and their families and that there was evidence to support an award of civil penalties. Ill.), United States v. Urbana MHP, LLC (S.D. ), United States v. Atlantic Development Group, LLC (S.D.N.Y.). On April 1, 2013, the Division filed a statement of interest in Gomez v. Quicken Loans (C.D. This provision, enacted as 42 U.S.C. On October 1, 2007, the court entered a consent order in United States v. Adams (W.D. Neb.). Ohio), United States v. Citizens Republic Bancorp, Inc. and Citizens Bank (E.D. ), United States v. Ridge Way Management (N.D. Ohio). See Seaton v. Sky Realty Co., 491 F.2d 634, 636-38 (7th Cir. On August 2, 2019, the court entered a consent decree resolving United States v. Shur-Way Moving and Cartage (N.D. Ill.). Ark.). This Article explores relevant social science data and examines how it affects the analysis and understanding of evidence of emotional harm. The consent order will remain in effect for four years. La. On August 10, the Division filed an opposition to the motion to dismiss. 1. Neb. ), United States v. Madrid d/b/a Trinity House Living Services (D. N.M.). (S.D.N.Y.). Cal. This is the first fair lending case brought by the Department of Justice alleging discrimination in connection with credit cards. Mich.). On November 6, 2009, the court issued an order on summary judgment resolving "a question of first impression" by adopting the United States' position that Section 537 of the SCRA is a strict liability statute and finding that servicemembers need not notify towing companies of their active duty status in order to benefit from the SCRA's protections. On January 7, 2005, the court entered a consent decree in United States v. West Creek, L.L.C. 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