"Operation Home Sweet Home"
Attorney General's Fair Housing Initiative

“We will help open doors for people as they search for housing. We will not allow
discrimination to serve as a deadbolt on the dream of safe accommodations
for their family.” Learn the facts

“In Fiscal Year 2007, the Department conducted a record number
of undercover housing discrimination investigations....” Learn more

Reasonable Modifications

On March 5, 2008, the Department of Justice and the Department of Housing and Urban Development issued a Joint Statement on Reasonable Modifications under the Fair Housing Act. Read the statement. Press Release

Multi-Family Housing Access Forum

The Access Forum is intended to assist developers, architects and others understand the FHA's accessibility requirements, and to promote a dialogue between the developers of multi-family housing and persons with disabilities and their advocates. Read more

Recent Headlines From the Courtroom

JUSTICE DEPARTMENT FILES FAIR HOUSING LAWSUIT IN NEBRASKA AGAINST THE LATVIAN TOWER CONDOMINIUM ASSOCIATION AND ITS PRESIDENT

On October 29, 2008, the United States filed a complaint in United States v. The Latvian Tower Condominium Association, Inc. (D. Neb.), a Fair Housing Act election case referral from HUD. The complaint alleges the Latvian Tower Condominium Association, Inc. (LTCA) and its president, Karl Tegtmeyer, violated the Fair Housing Act by interfering with the sale of a home because of the familial status of the buyers. The suit, filed in the U.S. District Court for Nebraska, charges that the LTCA and Tegtmeyer interfered with the sale of a unit at The Latvian Tower Condominiums, located in Omaha, Neb., between 2005 and 2007, because they did not want the owners of the unit to sell the apartment to a family with children. Press Release

JUSTICE DEPARTMENT SETTLES FAIR HOUSING LAWSUIT ALLEGING DISCRIMINATION BY LANCASTER, PENN. APARTMENT OWNER, MANAGING AGENT AGAINST PERSONS WITH DISABILITIES

On October 8, 2008, the United States filed a proposed consent decree in United States v. National Properties Inc, NPI Management Corp., Barrcrest Manor Associates, L.P., and Sandy Brown (E.D. Pa.). On October 15th the Court entered the Concent Decree. The complaint, which was filed on February 1, 2007, alleged that the defendants engaged in a pattern or practice of housing discrimination on the basis of disability. Specifically, the complaint alleged that the defendants refused to rent an apartment to a visually-impaired individual who uses a guide dog because of the apartment's "no-dog" policy. Under the agreement, the defendants, National Properties Inc., NPI Management Corporation, and Barrcrest Manor Associates will pay up to $25,000 to compensate any victims of discrimination at Barrcrest Manor. The defendants will also pay $35,500 in civil penalties to the United States government, establish and follow non-discriminatory tenancy procedures, and undergo fair housing training. The evidence was developed by the Section's testing program.  Press Release

JUSTICE DEPARTMENT SETTLES LAWSUIT WITH LOUISIANA LANDLORD ALLEGING DISCRIMINATION AGAINST FAMILIES WITH CHILDREN

On September 30, 2008, the United States filed a complaint in United States v. Pecan Terrace Apartments (W.D. La.), and on October 8, the Court entered the consent order settling this Fair Housing Act pattern or practice case. The complaint alleged that the owner and manager of an Pecan Terrace Apartments in Lafayette, Louisiana discriminated against families with children in violation of the Fair Housing Act. Specifically, the defendants had and exercised a policy of refusing to rent second floor units to families with children and discouraging families with children from renting at the complex.

Under the agreement, the defendants will pay up to $115,000 to compensate victims of discrimination at Pecan Terrace Apartments, as well as pay $30,000 in civil penalties to the United States. The settlement also calls for numerous corrective measures, including training on the requirements of federal housing law, a nondiscrimination policy, record keeping and monitoring. Evidence for this case was developed through the Housing Sections's testing program.  Press Release

JUSTICE DEPARTMENT FILES LAWSUIT ALLEGING DISABILITY-BASED HOUSING DISCRIMINATION AT SEVEN NASHVILLE-AREA COMPLEXES

On September 29, 2008, the United States filed a complaint in United States v. Murphy Development, LLC, et al., (M.D. Tenn.), alleging that the defendants engaged in a pattern or practice of discrimination by failing to design and construct seven multi-family apartment complexes in or around Nashville, Tennessee to be accessible to persons with disabilities in compliance with the Fair Housing Act. The complexes at issue are Meadowcreek Apartments, Miller Town Apartments, 17th Street Apartments, Forest View Apartments, Swiss Ridge Apartments, Lakeside Apartments and Stonebridge Apartments. The owners of these seven properties, which together contain over 375 covered units, are also named as defendants.    Press Release  

JUSTICE DEPARTMENT SETTLEMENT RESOLVES ALLEGATIONS OF DISCRIMINATION AGAINST BORROWERS ON INDIAN RESERVATIONS

On September 29, 2008, the Division filed a complaint and consent order in United States v. Nationwide Nevada (D. Nev.). The complaint alleged that Nationwide Nevada and its general partner NAC Management, Inc., engaged in a pattern or practice of discrimination by refusing to finance car loans for consumers living on Indian reservations in Utah and Nevada, in violation of the Equal Credit Opportunity Act (ECOA). Under the consent order, which was entered by the court, the company will pay $170,000 to compensate loan applicants who were denied loans by Nationwide Nevada due to their residence (or the residence of their co-applicant) on an Indian reservation. The consent order also enjoins the company from discriminating on the basis of race, color or national origin against loan applicants because they live on an Indian reservation. In addition, the company has agreed to implement a non-discrimination policy stating that consideration of residency on an Indian reservation is not a valid basis for declining to purchase automobile sales finance contracts and will provide enhanced equal credit opportunity training to its officers and employees who determine whether to finance car loans.  Press Release

JUSTICE DEPARTENT RESOLVES CASE ALLEGING RACE DISCRIMINATION BY ALABAMA BANK

On September 29, 2008, the Division filed a complaint and consent order in United States v. First Lowndes Bank (M.D. Ala.). The complaint alleged that the bank engaged in a pattern or practice of discriminating against African-American customers by charging them higher interest rates on manufactured housing loans than similarly situated white customers, in violation of the Fair Housing Act (FHA) and the Equal Credit Opportunity Act (ECOA). Under the consent order, which was approved September 30th, First Lowndes Bank will pay up to $185,000, plus interest, to compensate African-American borrowers who were charged higher interest rates. The consent order also enjoins the bank from discriminating against customers on the basis of race in its home mortgage lending. In addition, the bank has agreed to implement new procedures to prevent discrimination in setting interest rates and will provide enhanced equal credit opportunity training to its officers and employees who set rates for housing loans.   Press Release

WINDER, GEORGIA PUBLIC HOUSING AUTHORITY SETTLES RACE DISCRIMINATION COMPLAINT WITH JUSTICE DEPARTMENT

On September 26, 2008, the United States filed a lawsuit and consent decree in United States v. Housing Authority for City of Winder, (N.D. Ga.). The settlement requires the Housing Authority for the City of Winder, Ga., (WHA) to pay up to $490,000 to resolve allegations that it engaged in a pattern or practice of discriminating against African-American tenants and housing applicants. The WHA is a public housing authority that provides housing for persons of low income in Barrow County, Ga. Currently, the WHA owns and maintains nine public housing complexes in the city of Winder, and the neighboring towns of Statham and Braselton, Ga. The complaint, in the U.S. District Court in Gainesville, Ga., alleges that the WHA maintained racially segregated housing by assigning applicants to vacant units based on race, rather than in order of their placement on WHA’s waiting list. The complaint also alleges that the WHA subjected African-American tenants to inferior terms and conditions of rental. The consent decree was entered on September 29, 2008.   Press Release

JUSTICE DEPARTMENT SUES OWNERS AND ON-SITE MANAGER OF KANSAS CITY APARTMENT COMPLEX FOR RACE DISCRIMINATION AND RETALIATION

On September 18, 2008, the United States filed a lawsuit against the owners and operators of an apartment complex in Kansas City, Kan., and against the former on-site manager of the complex, for violating the Fair Housing Act by discriminating against African-Americans on the basis of race, and by retaliating against a former employee of the complex for aiding and encouraging tenants to exercise the rights granted by the Fair Housing Act. The Division's lawsuit, alleges that Stacy Sturdevant, the former manager of the Central Park Towers Apartments, a 195-unit complex for persons with disabilities and elderly individuals, displayed racially hostile items on the premises, including a hangman’s noose; distributed racially hostile materials while on the premises; pervasively used racial slurs and directed racially derogatory remarks to African-American tenants and to persons who associated with African-American tenants; and treated African-American tenants less favorably than tenants in the terms and conditions of their tenancy. The suit alleges that AIMCO Properties L.P., Apartment Investment &Management Company d/b/a AIMCO, AIMCO-GP Inc., NHPMN Management LLC, NHP Management Company, and the owners and operators of the complex Central Park Towers II, L.P., were aware or should have been aware of Ms. Sturdevant’s conduct.  Press Release

JUSTICE DEPARTMENT SUES BLOOMINGDALE, GEORGIA LANDLORD FOR SEXUAL HARASSMENT AND RACE DISCRIMINATION

On September 8, 2008, the Division filed a complaint in United States v. Morgan et al. (S.D. Ga.), alleging that Darwin Kenneth Morgan and D.K. Morgan Consolidated, LLC subjected female tenants and prospective tenants to severe, pervasive, and unwelcome sexual harassment in violation of 42 U.S.C. §§ 3604(a) and (b) and 3617. The complaint also alleges that defendants violated the Fair Housing Act by discriminating based on race or color in violation of 42 U.S.C. §§ 3604(a), (c) and (d). This case was referred to us by the Savannah-Chatham County Fair Housing Council. Press Release

$1 MILLION JUDGEMENT IN SEXUAL HARASSMENT CASE AGAINST CINCINNATI LANDLORD

On September 4, 2008, the United States filed a joint motion to approve a consent judgment settling the United States’ claims against James G. Mitchell, and his company, Land Baron Enterprises, for $1 million. This is the largest monetary settlement the Department has ever obtained in a case alleging sexual harassment violations under the Fair Housing Act. The complaint, filed on February 26, 2007, alleged that James Mitchell subjected female tenants to unwanted verbal sexual advances and unwanted sexual touching, entered the apartments of female tenants without permission or notice, granted and denied tangible housing benefits in exchange for sexual favors, and took adverse action against female tenants when they refused or objected to his sexual advances. The consent judgment requires the defendants to pay $890,000 in compensation to 12 women who Mitchell sexually harassed and $110,000 in a civil penalty to the United States. Press Release

OPERATION HOME SWEET HOME RESULTS IN FLORIDA LAWSUIT ALLEGING DISCRIMINATION AGAINST AFRICAN-AMERICANS

On Wednesday, August 13, 2008, the Division filed a Fair Housing Act complaint against C.F. Enterprises, LLC and its on-site manager, Don Murroni, alleging a pattern or practice of discrimination against African-Americans in the rental of units at College Square Apartments in Davie, Florida. The complaint, filed in the U.S. District Court for the Southern District of Florida, alleges that the defendants falsely told African-Americans that no apartments were available, discouraged African-Americans from applying, offered to waive the application fee or other costs only for white applicants and told white testers that a selling point of College Square Apartments was the absence of black tenants. Press Release

JUSTICE DEPARTMENT SUES MONTGOMERY, ALABAMA PROPERTY MANAGER AND OWNERS FOR SEXUAL HARASSMENT

On July 17, 2008, the United States filed a pattern or practice complaint in United States v. Gumbaytay, et al. (M.D. Ala.), alleging that Jamarlo K. Gumbaytay (aka Laurence E. Lamar) d/b/a Elite Enterprises Consultant Group subjected female tenants to unwanted verbal and physical sexual advances; granted and denied tangible housing benefits based on gender; and took adverse action against female tenants when they refused or objected to his advances. The complaint also names as defendants the owners of the subject properties that Defendant Gumbaytay managed. The complaint alleges violations of 42 U.S.C. §§ 3604(a), (b) and (c) and 3617.

This lawsuit arose from an investigation conducted after the Central Alabama Fair Housing Center alerted the Civil Rights Division to Gumbaytay's discriminatory activity. Press Release

JUSTICE DEPARTMENT FILES FAIR HOUSING LAWSUIT AGAINST LANDLORDS IN MUNSTER, INDIANA

On July 14, 2008, the United States filed a complaint in United States v. Autumn Ridge Condominium Association, Inc., et al. (N.D. Ind.), a Fair Housing Act election case in which HUD charged the Autumn Ridge Condominium Association and the members of its Board of Directors in Munster, Indiana with violations of 42 U.S.C. §§ 3604(a) and (c) on the basis of race, color and/or familial status. The complaint also contains a pattern or practice claim and/or a denial of rights to a group of persons claim. The complaint alleges that the Condominium Association and its Board of Directors maintained a written policy prohibiting families with minor children from living in the condominium complex, and that members of the Board made several oral statements indicating a preference against families with children. Moreover, the complaint alleges that the policy was enforced in a discriminatory fashion to exclude African-Americans from living in the condominium complex.

JUSTICE DEPARTMENT FILES AMICUS BRIEF IN HOUSING ACCESSIBILITY CASE

On July 1, 2008, the court accepted for filing the United States' amicus brief in Equal Rights Center v. AvalonBay Communities (D. Md.), a Fair Housing Act pattern or practice design and construction case. The Defendant has moved to dismiss part of ERC's complaint, arguing that relief for properties completed more than two years before the complaint was filed is barred by the statute of limitations. The Division argues that the statute of limitations does not bar ERC from seeking relief for these properties.

JUSTICE DEPARTMENT FILES FAIR HOUSING LAWSUIT AGAINST LANDLORDS IN SCRANTON, PENNSYLVANIA

On June 23, 2008, the United States filed a complaint in United States v. Joyce, et al. (M.D. Pa.), a Secretary-initiated Fair Housing Act election case in which HUD charged the owners and on-site managers of The Mill apartments in Scranton, Pennsylvania, with violations of 42 U.S.C. §§ 3604(a) and (c) on the basis of familial status. The complaint also contains a pattern or practice claim. The complaint alleges that Mr. Gerard Joyce, his son Daniel and his daughter Katie advertised in print and on the internet that apartments at The Mill were available only to those aged 21 or over. A subsequent series of tests undertaken by a local fair housing organization, in coordination with HUD, revealed that the Joyces regularly communicated a preference for tenants without children to housing applicants.  Press Release

JUSTICE DEPARTMENT FILES FAIR HOUSING LAWSUIT IN FLORIDA AGAINST FOUNTAIN VIEW APARTMENTS, INC. AND ITS ON-SITE OWNER

On June 4, 2008, the United States filed a complaint in United States v. Fountain View Apartments, Inc., et al., (M.D. Fla.) alleging that defendants had violated the Fair Housing Act by discriminating on the basis of race or color and familial status in the rental of apartments at a complex in Orange City, Florida. Specifically, the suit charges that the defendants falsely told an African-American prospective tenant that no apartments were available and made discriminatory statements on the basis of familial status. Further testing by a local television station revealed a pattern or practice of misrepresenting the availability of apartments to African-Americans, discouraging African-Americans from renting apartments, and making discriminatory statements based on race or color and familial status. The case was referred to the Division from the Department of Housing and Urban Development (HUD). Press Release

JUSTICE DEPARTMENT SETTLES IDAHO LAWSUIT ALLEGING HOUSING DISCRIMINATION ON BEHALF OF PERSONS WITH DISABILITIES

On May 29, 2008, the Court entered a consent decree in United States v. Stealth Investments, LLC, et al. (D. Idaho.). The complaint, filed November 21, 2007, alleged that the defendants violated the disability provisions of the Fair Housing Act by refusing to rent an apartment to a person who uses a service animal, refusing to make a reasonable accommodation, and making statements with respect to the rental of a dwelling that indicate a preference, limitation, or discrimination based on disability.

The consent decree requires the Defendants to pay $24,500 to compensate victims of discrimination at Shadow Canyon Apartments, establish a $12,500 victim fund, and pay a $25,000 civil penalty to the United States. Additionally, Defendants have agreed to establish and follow non-discriminatory procedures and undergo training. This is a Fair Housing Act pattern or practice/election case that was referred to the Division by HUD. Press Release

JUSTICE DEPARTMENT SETTLES DISABILITY DISCRIMINATION CASE WITH CONNECTICUT LANDLORD FOR $115,000

On June 2, 2008, the Court entered a consent decree resolving United States v. Hussein (D. Conn.). The lawsuit, filed on August 1, 2007, alleged that Mahmoud M. Hussein refused to grant a reasonable accommodation from his no-pets policy so that his tenant's minor daughter could work with an assistance dog to help with her cerebral palsy, seizure disorder, and depression. The lawsuit further alleged that Hussein retaliated against the mother and daughter after they attempted to exercise their rights under the Fair Housing Act by refusing to renew their annual lease and beginning eviction proceedings. The tenant and her daughter filed a separate lawsuit that also will be resolved by the consent decree.  Press Release

Under the consent decree, the defendant will pay $115,000 in monetary relief, including $102,000 to compensate the tenant and her daughter and $13,000 in attorneys fees. Additionally, the defendant will attend fair housing training; implement a reasonable accommodation policy; and comply with notice, monitoring and reporting requirements.

JUSTICE DEPARTMENT FILES FAIR HOUSING LAWSUIT IN LOUISIANA AGAINST REGGIE AND KIM COLLIER

On May 20, 2008, the United States filed a complaint in United States v. Collier (W.D. La.) alleging that Reggie and Kim Collier, of Haughton, Louisiana, violated the Fair Housing Act when they interfered with the sale of a home because of the perceived race of the buyers. In its complaint, the United States alleges that that the Colliers interfered with the sale of 4512 Camp Joy Road, Camp Joy Marina, Haughton, Louisiana, in 2004, because they believed the buyers were African American. The suit alleges that shortly after 4512 Camp Joy Road was shown to a Caucasian couple represented by an African American real estate agent, Reggie Collier told the seller's and buyer's agents that he didn't want "those kind of people" living at Camp Joy Marina. The suit further alleges that Reggie Collier told the sellers that if African Americans purchased their home, he would cut off their water and sewer utilities. As a result of this alleged interference, the buyers withdrew from their agreement to purchase the property.

The case was referred to the Division after the Department of Housing and Urban Development (HUD) received a complaint from the sellers of 4512 Camp Joy Road, conducted an investigation, and issued a charge of discrimination. Press Release

JUSTICE DEPARTMENT FILES FAIR HOUSING LAWSUIT AGAINST CITY OF SATSUMA, ALABAMA

On May 7, 2008, the Justice Department sued the City of Satsuma, Ala., for violating the Fair Housing Act when the city refused to allow three women with disabilities to live together in a group home. The suit, filed in the U.S. District Court for the Southern District of Alabama, charges that Satsuma refused to make reasonable accommodations in its rules, policies, practices or services, which were necessary to afford the residents an opportunity to use and enjoy their home.

JUSTICE DEPARTMENT SETTLES RACE AND FAMILIAL STATUS DISCRIMINATION CASE AGAINST VIRGINIA BEACH LANDLORD

On May 1, 2008, Virginia Beach landlord Dr. John Crockett Henry and Henry LLC, agreed to pay up to $361,000 to settle a lawsuit alleging violations of the Fair Housing Act, the Justice Department announced today. According to the Department’s lawsuit filed in July 2007, Dr. Henry and Henry LLC, violated the Fair Housing Act by subjecting African-American tenants to inferior terms, conditions or privileges of tenancy. The lawsuit also alleges that Dr. Henry and Henry LLC, violated the Fair Housing Act by refusing to rent apartments to families with three or more children. The defendants own and manage a 30-unit publicly subsidized apartment complex located at number 15, ½ Street in Virginia Beach, Va. At this location, the United States alleges that the defendants’ imposed more restrictive rules and regulations on African-American tenants than other tenants; verbally harassed African-American tenants with racial slurs and epithets; and evicted tenants by enforcing a limit of two children per family at the premises.

JUSTICE DEPARTMENT SETTLES SEXUAL HARASSMENT LAWSUIT AGAINST RICHMOND, MISSOURI, LANDLORD

On April 8, 2008, the United States filed a joint motion to approve a consent decree settling the United States' claims against Calvert Properties, Inc. for $250,000. The complaint, filed on August 8, 2006, alleged that Harold Calvert, the president of Calvert Properties, engaged in a pattern or practice of discrimination based on sex. Specifically, the complaint alleged that Harold Calvert subjected female tenants to unwanted verbal sexual advances, unwanted physical sexual advances, forcible physical contact with the sexual parts of his body, inappropriate statements, and threats of eviction when they refused or objected to his sexual advances. The consent decree requires Calvert Properties to pay $165,000 to six women whom the United States alleges were sexually harassed by Harold Calvert, and to two children of one of the women who witnessed their mother being harassed. Calvert Properties must also pay a $25,000 civil penalty. $60,000 has been set aside for an unidentified victim fund.

JUSTICE DEPARTMENT SETTLES SEXUAL HARASSMENT CASE AGAINST APARTMENT COMPLEX MAINTENANCE WORKER

On April 3, 2008 the Court entered a consent decree in United States v. James (W.D. Mo.), a Fair Housing Act pattern or practice/election case alleging sexual harassment by Ersil James, who was a maintenance person at several apartment complexes. The lawsuit alleged that Action Management & Consulting Services LLC, which manages the subject properties, and its on-site manager Dan Miller discriminated by failing to take action to prevent defendant James from continuing to harass female tenants. The lawsuit also alleged that the owners of some of the complexes, Missouri Rural Housing of Platte City L.P. and its general partner, MACO Management Co. Inc., were liable for those actions. The consent decree, requires the defendants to pay $75,000 to four victims and $20,000 to the United States as a civil penalty. In addition, defendants will be enjoined from further illegal discrimination and must establish a sexual harassment policy and provide training to employees.

DISTRICT OF COLUMBIA VIOLATED REASONABLE ACCOMMODATION REQUIREMENTS OF THE FAIR HOUSING ACT

On March 14, 2008, the court in United States v. District of Columbia (D.D.C.) issued an opinion and order declaring that the District violated the Fair Housing Act by twice failing to grant requests by Father Flanagan's Boys & Girls Homes ("Boys Town") for reasonable accommodations regarding building permits for four group homes, based on the disabilities of the prospective residents. The court enjoined the District from further violations of the reasonable accommodation provisions of the Act.

BOCA RATON, FLORIDA ENJOINED FROM ENFORCING PARTS OF ORDINANCE THAT VIOLATE FAIR HOUSING ACT

On March 13, 2008, the court in United States v. City of Boca Raton (S.D. Fla.) issued an order enjoining the city from enforcing part of an ordinance that targeted substance abuse treatment facilities ("SATFs") for more restrictive treatment than comparable housing for non-disabled persons. The United States contended that the ordinance placed restrictions on a particular type of housing for persons in recovery from alcohol or drug dependency without a legally sufficient justification. Under the court's ruling, the city cannot prevent licensed SATFs with separate housing and treatment components from operating their residential components in residential multifamily and other zoning districts. As a result, one such facility currently operating in Boca Raton will be able to continue to operate its residential component in a multifamily district and will not have to obtain a different license from the state that the city deemed more acceptable.

JUSTICE DEPARTMENT SETTLES RACE DISCRIMINATION CASE AGAINST MILWAUKEE RE/MAX OFFFICE, REAL ESTATE AGENT AND HOMEOWNER

On February 29, 2008, the United States filed a proposed consent order in United States v. Halvorsen (E.D. Wis.). The complaint, filed in October 2006, alleged that the defendants violated the Fair Housing Act when they refused to negotiate for the sale of a single family house to Tammy Doss, an African American woman, who is a principal in the Milwaukee public schools. Specifically, the complaint alleged that Defendant Halvorsen asked Margaret Silkey, a real estate agent who was attempting to help Ms. Doss find a house, whether her client was black and told Ms. Silkey that she did not want to sell her house to black persons. The complaint alleged that Ms. Halvorsen also told Defendant Hasenstab, the real estate agent with Defendant RE/MAX 100 whom she retained to list her home, that she did not want to sell her home to black persons. When the Defendants learned that Ms. Silkey was attempting to schedule an appointment to show the home to her client, they amended the listing agreement to exclude Ms. Silkey from showing the home. Ms. Silkey was not able to show the home to Ms. Doss, and the Defendants sold the home to a white person.

Under the proposed consent order, the Defendants will pay $30,000 to Ms. Doss and $5,000 to Margaret Silkey. The order also enjoins the Defendants from further discrimination, requires Defendant Hasenstab to receive fair housing training, and requires Defendant RE/MAX 100 to train its agents and report discrimination complaints to the United States. The consent order will remain in effect for three years.

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. Press Release

JUSTICE DEPARTMENT SETTLES RELIGIOUS DISCRIMINATION LAWSUIT AGAINST WAUKEGAN, ILLINOIS

On February 19, 2008, the United States filed a lawsuit and consent order in United States v. City of Waukegan, Ill., (N.D. Ill.), resolving allegations that the city violated the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA) by treating religious assemblies less favorably than similar non-religious assemblies in several city zoning districts. The court entered the consent decree on Februray 25, 2008.

The complaint alleged that the city had imposed and implemented zoning code provisions that are more restrictive for houses of worship than for nonreligious assemblies and institutions such as clubs, lodges and meeting halls, in violation of RLUIPA. Under the terms of the consent order, the city must amend its zoning code within 60 days so that the code does not treat religious assemblies and institutions differently from comparable non-religious assemblies or institutions. The consent order also requires the city to provide training for personnel on RLUIPA's requirements and post notices about the consent order at various locations. The consent order will remain in effect for three years.  Press Release

JUSTICE DEPARTMENT SETTLES DISCRIMINATION LAWSUIT AGAINST VIRGINIA BEACH NIGHTCLUB OWNER

On March 10, 2008, the Court entered a consent decree in United States v. Barry Davis and Anchor Inn, LLC, d/b/a Kokoamos Island Bar & Grill (E.D. Va.), a Title II race discrimination case. The complaint, filed on September 20, 2007, alleged that the owners and managers of Kokoamos Island Bar & Grill (Kokoamos) discriminated against African-American patrons in a place of public accommodation by implementing a discriminatory dress code targeting African-Americans and by applying the dress code in a discriminatory manner.

Under the terms of the consent decree, the Defendant Barry Davis and Anchor Inn, LLC, d/b/a Kokoamos is required to comply with federal law by not discriminating against patrons on the basis of race; to post and enforce a non-discriminatory dress code policy; to implement a system for receiving and investigating complaints of discrimination; and to conduct monitoring to ensure that Kokoamos' employees are acting in a non-discriminatory manner consistent with federal law. Press Release

JUSTICE DEPARTMENT SETTLE HOUSING DISCRIMINATION LAWSUIT WITH ALBANY, NEW YORK, DEVELOPERS

On January 22, 2008, the Court entered a consent decree in United States v. Tanski, et al. (N.D.N.Y.) to settle its lawsuit against developers Bruce Tanski, the Bruce Tanski Construction and Development Company, Michael Dennis, and the Mountain Ledge Development Corporation. The complaint, filed on June 21, 2004, and amended for the second time on January 20, 2006, alleged that the various defendants failed to design and construct 362 ground-floor apartments and the public and common areas at the McGregor Village Apartments in Wilton, N.Y., and several other properties in accordance with the accessibility provisions of the Fair Housing Act. In addition to the claim brought on behalf of the HUD complainant, the United States' complaint added an allegation that the defendants' conduct constitutes a pattern and practice of discrimination and a denial of rights to a group of persons.

The consent decree will require the defendants to eliminate steps at ground-floor units and retrofit the apartments; to retrofit public and common use areas; and to pay $155,000 in damages to persons identified by the government as having been harmed by these inaccessible features, and $20,000 in civil penalties to the government. In addition, the settlement requires the defendants to comply with federal accessibility requirements in all future construction of apartment complexes; to report to the government on any future construction projects; and to undergo training on the requirements of the Fair Housing Act. The consent decree will remain in effect for four (4) years after the date of its entry or eighteen (18) months after the date that the last retrofit is completed. Press Release

OPERATION HOME SWEET HOME: JUSTICE DEPARTMENT SETTLES MASSACHUSETTS DISCRIMINATION CASE ON BEHALF OF ASIAN-AMERICANS

On January 22, 2008, the Court entered a consent decree resolving United States v. Pine Properties Inc., et al. (D. Mass.), a case alleging discrimination on the basis of national origin. The complaint, filed on September 26, 2007, alleged that the defendants, who own and manage multifamily housing in Lowell, Massachusetts, discriminated against Cambodian-Americans based on national origin by (1) telling Cambodian-American persons that their employment and/or credit had to be verified before they could see available dwellings while at the same time taking white persons to see available dwellings without first verifying their employment or credit; and/or (2) telling Cambodian-American persons that they had to have a separate appointment to see available dwellings while at the same time taking white persons to see available dwellings immediately, with no prior appointment. This case was developed based on evidence developed through the Department's fair housing testing program, part of the Division's "Operation Home Sweet Home" program.

Under the Consent Decree, the defendants will pay up to $114,000 to compensate victims, pay a $44,000 civil penalty to the U.S. government, establish and follow non-discriminatory tenancy procedures, undergo fair housing training, and file reports with the government. Press Release

OPERATION HOME SWEET HOME RESULTS IN DISCRIMINATION LAWSUIT AGAINST ROSEVILLE, MICHIGAN APARTMENT OWNER AND MANAGER

On January 18, 2008, the United States filed a complaint in United States v. Regent Court Apartments, LLC and Donna Harrison (E.D. Mich.). The complaint alleges that the defendants, the owners and manager of a 102-unit apartment complex in Roseville, Michigan, a suburb of Detroit, engaged in a pattern or practice of discrimination on the basis of race, and a denial of rights to a group of persons in violation of the Fair Housing Act. The complaint is based on evidence developed by our testing program showing that white testers were offered apartments immediately while African-American testers were told that there would be a long wait for any apartment availability. Press Release

JUSTICE DEPARTMENT SETTLES HOUSING DISCRIMINATION CASE WITH ORANGE COUNTY, CALIFORNIA, LANDLORDS

On March 5, 2008, the Court entered a consent decree resolving United States v. Luke (C.D. Cal.), a case alleging discrimination on the basis of national origin. The complaint, filed on November 16, 2006, and amended on September 17, 2007, alleged that the Defendants discriminated against Hispanics in favor of Vietnamese people by denying or making housing unavailable to them in violation of 42 U.S.C. §§ 3604(a) and by making statements indicating preferences on the basis of national origin in violation of 42 U.S.C. §§ 3604. In addition to the claim brought on behalf of the HUD complainants, the United States' complaint also alleged that the Defendants conduct constituted a pattern or practice of discrimination and a denial of rights to a group of persons.

Under the Consent Decree, the defendants must pay $174,000 in damages to private plaintiffs and $59,344 to counsel for private plaintiffs in the form of attorney's costs, fees and litigation expenses. Defendants must also pay $30,000 in civil penalties to the United States, and $7,500 in damages to an additional aggrieved individual...

JUSTICE DEPARTMENT SETTLES SEXUAL HARASSMENT LAWSUIT AGAINST MISSISSIPPI BANK AND FORMER BANK VICE PRESIDENT

On November 7, 2007, the Court entered a consent order in United States v. First National Bank of Pontotoc (N.D. Miss.), the first sexual harassment lawsuit brought by the Justice Department under the Equal Credit Opportunity Act (ECOA). The lawsuit, filed on April 27, 2006, and amended in July 2007 to include claims under the Fair Housing Act (FHA), alleged that William W. Anderson Jr., a former vice president of the First National Bank of Pontotoc, used his position with the Bank to sexually harass female borrowers and applicants for credit. Anderson’s conduct included making offensive comments, engaging in unwanted sexual touching, and requesting or demanding sexual favors from female customers in connection with the extension of credit, over a period of years before his employment with the bank ended in May 2004. The lawsuit also alleged that the bank was liable for those actions. The consent decree will require...

JUSTICE DEPARTMENT SETTLES GROUP HOME LAWSUIT AGAINST SARASOTA COUNTY, FLORIDA

On October 29, the Court granted the parties’ Joint Motion to Approve and Enter Settlement Agreements as Court Orders in United States v. Sarasota County (M.D. Fla.), which has been consolidated with Tracey P., et al. v. Sarasota County, et al. (M.D. Fla.). The United States’ complaint, filed on June 30, 2006, alleged that the County discriminated against persons with disabilities when it refused to allow Renaissance Manor, Inc., to operate six homes for individuals with mental illness and a history of substance abuse. The two settlement agreements, one between the United States and the County and one between the private plaintiffs and the County, require the County to pay $750,000 to the private plaintiffs and $10,000 to the United States. The private plaintiffs’ settlement provides for the continued operation of the group homes. The government’s settlement requires County employees to undergo fair housing training, adopt a reasonable accommodation policy, and comply with various reporting requirements. This matter was referred to the Division by HUD.

JUSTICE DEPARTMENT SETTLES SEXUAL HARASSMENT LAWSUIT AGAINST RED WING, MINNESOTA, LANDLORDS

On October 18, 2007, the United States filed a proposed consent decree resolving United States v. Thomas J. Fischer and Dawn Fischer (D. Minn.), which was entered by the court on October 26. The complaint, filed August 12, 2005, alleged that the defendants, the owners of several residential rental properties in Red Wing, Minnesota, engaged in a pattern or practice of discrimination based on sex, including severe, pervasive, and unwelcome sexual harassment. The complaint alleged the conduct included unwanted verbal sexual advances, unwanted sexual touching, and entering the apartments of female tenants without permission or notice. The lawsuit also named Fischer’s wife, Dawn Fischer, who co-owned the properties and alleged that as an owner she was liable for Fischer’s discriminatory conduct...

JUSTICE DEPARTMENT SETTLES LAWSUIT WITH ARKANSAS LANDLORD ALLEGING DISCRIMINATION AGAINST FAMILIES WITH CHILDREN

On October 1, 2007, the court entered the consent decree in United States v. Adams (W.D. Ark.). The complaint, filed September 28, 2007, alleged a pattern or practice of discrimination and a denial of rights to a group of persons on the basis of familial status by the owners and management of Phoenix Village Apartments, located in Fort Smith, Arkansas...

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