PURPOSE: This enforcement guidance sets forth the Commission's position on the availability of compensatory and punitive damages pursuant to the Civil Rights Act of 1991, 102, "Damages in Cases of Intentional Discrimination." 3. Wis.), United States v. District of Columbia (D.D.C. (E.D.N.Y. Tex. The complaint also alleged that the defendants may have towed and sold at least twenty servicemembers' cars without court orders. 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. The Home Loan Auditors (N.D. United States v. Delta Funding Corporation (E.D.N.Y. On June 10, 1999, the Division filed an amicus brief in the Fifth Circuit arguing that the Fair Housing Act permits an award of punitive damages in the absence of compensatory or nominal damages, and that the district court had properly entered judgment in accordance with the jury's verdict awarding punitive damages to Gene Lewis. The United States signed a modification agreement with Pulte Home Corporation (Pulte) to supplement and amend a settlement agreement previously entered into with Pulte in July 1998. ), alleging a pattern or practice of sexual harassment in violation of the Fair Housing Act. 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. Pa.). U. RB. The consent decree requires the state agency to pay $15,000 in damages to the each of the two servicemembers and a $20,000 civil penalty (total of $50,000), in addition to adopting various policy changes to prevent future SCRA violations. Emotional distress damages are a subset of what are commonly called "compensatory damages.". Ind. (S.D.N.Y.). On November 29, 2010, the Division filed a supplemental amicus arguing that the amendment providing an express private right of action for damages should apply retroactively in this case. La. ), United States v. Wells Fargo Bank, NA (D.D.C. These orders can require a . United States v. Envoy Apartments Association, Inc. (S.D. The consent decree affects 289 ground floor apartments at Rockwood and West Creek Village and 133 condominium units at Bethany Bay Resort Community. In order to settle the case and avoid additional litigation costs, the landlord agreed to pay $60,000.00 to one particular tenant, to pay a civil penalty of $10,000.00 to the federal government, and to pay $100,000.00 into an interest-bearing account to be distributed to other individuals who were harmed by the landlord's practices. Va.), United States v. Byron Richard d/b/a Hylites Lounge (W.D. (E.D.N.Y.). 1 In doing so, the majority declines to follow an 11 . 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. > The complainant told Mr. Emery that refusing to rent to her because she used a wheelchair violated federal anti-discrimination laws. 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. Under the settlement agreement, Daniel Belshaw must pay $2,595 in damages to the servicemember, pay a civil penalty of $1,595 to the United States, adopt lease language that complies with the SCRA, report to the United States on SCRA compliance, and refrain from engaging in future SCRA violations. The complaint, filed on September 10, 2020,alleged that ASAP engaged in a pattern or practice of violating the Servicemembers Civil Relief Act (SCRA) by auctioning, selling or otherwise disposing of 33 vehicles owned by SCRA-protected servicemembers without court orders. Two major health care rights cases made it to the Supreme Court this year. Pursuant to the consent order, the defendants must pay $75,000 in damages and repair the credit of the aggrieved servicemembers. Pa.), United States v. Luther Burbank Savings (C.D. On August 5, 2020, the United States filed a complaint in United States v. Centanni (D. N.J.). filed under the . The settlement agreement requires the defendants to pay $52,500 in damages to the complainants, participate in Fair Housing Act training, adopt a reasonable modification and accommodation policy, and engage in reporting and record keeping for four years. On the phone, the landlord seems eager to rent to John, but when John meets with the landlord in person to fill out an application, the . The complaint, filed on November 23, 2016, alleged that the village engaged in a pattern or practice of unlawful discrimination and denied rights to a group of persons on the basis of race and color in violation of the Fair Housing Act, when it refused to permit the construction of an affordable housing project in response to racially motivated public opposition. On January 22, 2016, the court entered a consent decree in United States v. Brooklyn Park 73rd Leased Housing Assoc., LLC (D. Minn.), a Fair Housing Act election case. 3d 472 (SDNY March 1, 2016). On August 10, the Division filed an opposition to the motion to dismiss. United States v. Woodbury Gardens Redevelopment Co. Owners Corp. In addition to Mr. Barrett, the complaint named several companies with which he is associated as defendants in the lawsuit. ), United States v. County of Culpeper (W.D. Home | Cal. 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. ), United States v. Bankert (Jymco) (E.D.N.C. Fla.), a Fair Housing Act pattern or practice case developed by the Division's Fair Housing Testing Program. It also alleged that they discriminated against families with children. United States v. Carteret Terrace, LLC (D. N.J.), United States v. C&F Mortgage Corporation (E.D. On April 15, 2019,the United States filed an amended complaint in United States v. Chad David Ables, d/b/a Pops Cove (W.D. United States v. Eagle Bank and Trust Company of Missouri (E.D. Cal.). The consent order requires defendant to allow the complainant to keep an assistance dog for as long as he lives at the premises, dismiss its holdover proceedings action against him and obtain training and adopt a reasonable accommodations policy. (S.D.N.Y.). 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. United States v. Albert C. Kobayashi, Inc., et al. ), United States v. Madrid d/b/a Trinity House Living Services (D. N.M.). Trujillo v. Board of Directors of Triumvera Tower Condominium Association (N.D. Ill.). Fla.). Often, discrimination stems from fear and misunderstanding. Specifically, the complaint alleged that the defendant encouraged prospective white renters to consider residing at Mere's Park and discouraged African Americans from residing there by, for example, referring African Americans to another mobile home and RV park, making discouraging comments about units that were available for rent, and failing to provide African Americans complete and accurate information about available units and lots. 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. $2.8 million Wrongful death, products liability case involving a tow motor accident at a sewage treatment plant. The complaint, filed on December 5, 2001,and amended on December 12, 2001, alleged the defendants; the John Buck Company, JBC Evanston Limited Partnership, Church & Chicago Limited Partnership, Harry Weese Associates, and Gensler Architecture, Design & Planning Worldwide P.C., discriminated on the basis of disability by failing to design and construct the Park Evanston Apartments, a 283 unit hi-rise building in Evanston, Illinoisto be accessible to persons with disabilities in compliance with the Fair Housing Act. For employers with 201-500 employees, the limit is $200,000. > Mich.), United States v. Falcon Development Corp. (D. Nev.), United States v. Falcon Development Company No. ), United States v. City of Hanford (E.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. Cherrywood & Associates, LP (D. Idaho), United States v. Chevy Chase Bank (D.D.C. Fla.). On October 21, 2003, the court entered a consent decree resolving United States v. Pacific Northwest Electric (D. Idaho). On November 29, 2004, the court entered a consent decree resolving United States v. Wilmark Development Company (D. Nev.). ), United States v. First National Bank of Pontotoc (N.D. At the same time Congress amended Section 1981, 42 USC 1981 . Wash.), United States v. Security State Bank (W.D. 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. The court entered the consent decree on July 18, 2019. United States v. Fair Plaza Associates (D. N.M.), United States v. Fairway Trails Limited (E.D. 3. ), United States v. Mid America Bank, fsb (N.D. Ill.), United States v. Midtown Development, LLC (S.D. ), On November 4, 2013, the court entered the, Stipulation and Order of Settlement and Dismissal, second partial consent decree (PDF Version), United States v. Target Recovery Towing (M.D. 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. This is an action brought by county residents in state court objecting to the county's approval of a mosque construction project in Murfreesboro. The complaint alleges that Gary Price, the manager of residential rental properties in the Harrisonburg area of Virginia, sexually harassed female tenants and discriminated against tenants on the basis of race by, among other things, using racial slurs and excluding or attempting to exclude tenants guests on the basis of the guests race, in violation of the Fair Housing Act. The Township opposed the Ramapoughs motion to amend, arguing that the complaint failed to allege facts sufficient to state claims under RLUIPA and that the RLUIPA claims were not ripe for judicial review. 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. v. Moline Builders, et al. d/b/a Selma Comfort Inn (S.D. On November 23, 2017, the United States Attorneys Office entered into a settlement agreement resolving United States v. Salem (D. United States v. Greenbrier Homeowners Association (D. Minn.), United States v. Grand Canyon Enterprises (D. Nev.), United States v. Government of Guam (D. Guam), United States v. Guaranteed Auto Sales (D. The complaint, filed February 19, 2003, alleged that Beaudet subjected female tenants to severe, pervasive, and unwelcome sexual harassment. (S.D.N.Y. Va.), United States v. Fountainbleau Apartments (E.D. Ill.), United States v. Shanrie Co. Inc. ("Shanrie II") (S.D. Tex.). 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. 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. United States v. Camden Property Trust (D. Nev.), United States v. Camp Riverview, Inc., d/b/a as Camp Riverview (W.D. 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. Also under the decree, the building manager who engaged in the most severe of the harassing conduct is permanently enjoined from having any involvement in the management or maintenance of occupied rental housing property. The county is opposing the landowners' attempt to stop construction. Both are considered taxable "income" by the IRS. Specifically, the complaint alleged that the defendants violated 42 U.S.C. Victor M. Goode and Conrad A. Johnson, On October 30, 2020, the United States filed an amended complaint in United States v. Hubbard (N.D. Ohio). The consent decree requires Shur-Way to pay $20,000 in damages to the servicemember, pay a $10,000 civil penalty, and revise its policies. Available at: Housing discrimination based on familial status can range from refusing to rent an apartment to a family with children to charging higher rents or deposits, as well as making threats or comments about someone's family, such as saying that a tenant with young children is "too noisy" or that an expecting mother "takes up too much space.". 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." The court entered the consent decree on March 28, 2019. Cal. 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 Bay View discriminates on the basis of religion by prohibiting non-Christians from becoming members of the Association and owning homes in the Bay View community, a summer resort on Little Traverse Bay in Emmet County, Michigan. Tenn.), United States v. Fountain View Apartments, Inc. (M.D. FAQ | Any funds remaining after all claims have been paid will be used for consumer education in Hispanic communities. 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. About | 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. As stated by Senator Walter Mondale, one of its sponsors, the Act would replace the nation's ghettos by "truly integrated and balanced living patterns." Between August 2018 and July 2019, the United States entered into a series of separate settlement agreements with individual defendants to fully resolve its claims in United States v. The Home Loan Auditors (N.D. Equal Rights Center v. Post Properties (D.D.C. ), United States v. Thomas Development Co. (D. Idaho), United States v. TK Properties, LLC (D. Congregation Etz Chaim v. City of Los Angeles (C.D. The most obvious form of religion-based discrimination is when a landlord informs prospective tenants that a specific apartment is unavailable because the landlord does not want to rent to people of a particular religion. ), Baltimore Neighborhoods, Inc. v. Rommel Builders, Inc. (D. The U.S. Supreme Court has addressed violations under the FHA several times. W. Va.), United States v. Kent State University (N.D. Ohio), United States v. Kips Bay Towers Condominium, Inc. Consumer Financial Protection Bureau & United States v. Hudson City Savings Bank, F.S.B. Wis.). On March 3, 2011, Judge Julian Abele Cook Jr., issued an order requiring defendant Johnson to pay a $55,000 civil penalty, the maximum civil penalty for a first violation of the Fair Housing Act, and orders defendant Peterson to pay a $27,500 penalty. The Village agrees that it will provide relocation assistance to all households displaced by the Plan. & Associates, LP ( D. Nev. ), United States v. Fair Plaza Associates ( N.J.. August 10, the court entered the consent decree on March 28, 2019 displaced by the.... 201-500 employees, the court entered the consent decree resolving United States v. the Home Loan Auditors ( at. Bank and Trust Company of Missouri ( E.D decree on March 28,.... Court orders v. Shanrie Co. Inc. ( M.D Rockwood and West Creek Village and condominium! Idaho ) Village and 133 condominium units at Bethany Bay Resort Community the limit is $ 200,000 it alleged... 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