Attorney General's Fair Housing Initiative

Read About What's New

Remarks as Prepared for Delivery by Attorney General Eric Holder at the Foreclosure Rescue Scams and Loan Modification Fraud Press Conference

Read the Statement

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 SUES FITCHBURG, MASS., HOUSING AUTHORITY FOR DISABILITY DISCRIMINATION

On May 1, 2009 the United States filed a complaint in United States v. Fitchburg Housing Authority, et al. (D. Mass.), a HUD election case alleging that the defendant violated the Fair Housing Act by denying a reasonable accommodation to the complainant, who requested to move to a different apartment because of her disabilities. The complaint also includes a pattern or practice claim based on the defendants’ implementation of allegedly discriminatory transfer and reasonable accommodations policies. Press Release

JUSTICE DEPARTMENT OBTAINS $200,000 IN HOUSING DISCRIMINATION SETTLEMENT WITH LAKEWOOD, NEW JERSEY, APARTMENT COMPLEX

On April 30, 2009 the Court entered a consent decree resolving United States v. Triple H. Realty, et al. (D.N.J.). The complaint alleged that the defendants tried to force Hispanic and African-American tenants to transfer from one building to another to make room for Orthodox Jews whom were courted as tenants in 2002-2004. The complaint also alleged that the buildings in which non-Jewish tenants lived were in the rear of the property and had fewer amenities and were less well maintained than buildings at the front of the property that housed the new Jewish tenants. The United States also alleged that the incoming Jewish tenants paid less rent than non-Jewish for comparable apartments. Pursuant to the consent decree the defendants are required to pay $170,000 to compensate identified victims and an additional $30,000 to the United States as a civil penalty. Press Release

JUSTICE DEPARTMENT RESOLVES LAWSUIT ALLEGING DISABILITY-BASED HOUSING DISCRIMINATION AT 12 MULTIFAMILY HOUSING COMPLEXES IN LOUISVILLE, KENTUCKY

On April 14, 2009, the Court entered a consent order resolving United States v. DKCD, Inc. d/b/a Renaissance Development, et al., No. 07-cv-506 (W.D. Ky.). The lawsuit alleged that 22 defendants, including owners, developers, architects and engineers, violated the Fair Housing Act (FHA) and the Americans with Disabilities Act (ADA) in the design and construction of the following 12 multifamily housing developments with over 800 covered dwelling units in Louisville, Kentucky: The Division contended that the public and common use areas of these developments have steps leading to covered dwelling units, lack walkway connections to covered dwelling units, lack accessible parking, and have routes leading to covered dwelling units that are too steeply sloped to be accessible to persons with mobility impairments. Inside the dwelling units, doors and hallways are too narrow, thermostats are mounted too high, and bathrooms and kitchens lack sufficient clear floor space to be minimally accessible and adaptable for persons with disabilities.

The Consent Order requires the following: retrofitting includes modifying walkways, removing steps, and providing accessible curb ramps, parking, and accessible walks to site amenities, such as the clubhouses, pools, mailboxes and trash facilities. It also requires the defendants to replace inaccessible knob door hardware with levers, lower thermostats to accessible heights, and reconfigure bathrooms and kitchens. The consent order requires the defendants to pay $255,000 to compensate victims of their discriminatory design and construction and pay $25,000 in civil penalties to the government to vindicate the public interest. This lawsuit and consent order arose as a result of a complaint to the U.S. Department of Justice after an investigation by the Fair Housing Council, then a local Louisville non-profit organization that received funding from the U.S. Department of Housing and Urban Development. The Fair Housing Council ceased operations in 2007. Press Release

JUSTICE DEPARTMENT SETTLES ALLEGATIONS OF DISABILITY DISCRIMINATION AGAINST TOWN OF ST. JOHN, INDIANA

On March 17, 2009, the United States filed a proposed Consent Decree in United States v. Town of St. John (N.D. Ind.), a Fair Housing Act pattern or practice case alleging discrimination on the basis of disability. The complaint, filed on September 21, 2007, alleged that the Town violated the Fair Housing Act by refusing to grant a variance to a St. John resident who wanted to allow one unrelated person with a disability to live with him in his single-family home. Under the proposed settlement, the Town is required to grant the requested variance, train Town officials directly involved in making zoning and land-use decisions, and provide periodic reports to the Justice Department. The Town is also required to pay a $10,000 civil penalty to the United States. Press Release

JUSTICE DEPARTMENT SUES WEST MEMPHIS, ARK. LANDLORDS FOR SEXUAL HARASSMENT

On March 13, 2009, the United States filed a Fair Housing Act complaint against Bobby L. Hurt, the former property manager for numerous mobile homes in and around West Memphis, Arkansas, alleging a pattern or practice of sexual harassment. The lawsuit also names Bobby L. Hurt’s wife, Sue Hurt, as a defendant. The complaint, filed in federal district court in the Eastern District of Arkansas, alleges that Bobby Hurt, while providing property management services, entered the dwellings of female tenants without permission or notice, touched female tenants in an unwelcome sexual manner, made verbal sexual advances, and threatened to and took steps to evict female tenants when they refused or objected to his sexual advances. The complaint also alleges that, while engaging in this harassment, Bobby Hurt acted as the agent for Sue Hurt, the former owner of the mobile homes. Press Release

JUSTICE DEPARTMENT SUES LARGE MULTI-FAMILY HOUSING DEVELOPER ALLEGING DISABILITY-BASED HOUSING DISCRIMINATION

On March 4, 2009, the United States filed a pattern or practice complaint in United States v. JPI Apartment Construction, L.P., et al. (N.D. Tex.). The complaint alleges that JPI failed to comply with the design and construction requirements of the Fair Housing Act (FHA) and ADA in the design and construction of two multi-family housing complexes in Texas and some of JPI’s other 205 nationwide multi-family properties. Press Release

JUSTICE DEPARTMENT SUES HOUSING AUTHORITY IN WAYNE COUNTY, ILL., FOR RACE DISCRIMINATION

On February 23, 2009, the United States filed a complaint in United States v. Wayne County Housing Authority (S.D. Ill.), a Fair Housing Act election referral from HUD. The complaint alleges that the defendants violated the Fair Housing Act by making racially discriminatory statements and interfering with the complainants rental of their house to an African American tenant under the Section 8 voucher program. Press Release

JUSTICE DEPARTMENT OBTAINS $120,000 SETTLEMENT IN DISCRIMINATION LAWSUIT AGAINST CHICAGO AREA REALTORS

On February 17, 2009, the United States filed a consent decree resolving United States v. S & S Group, Ltd. d/b/a ReMax East-West, et al (DeJohn). (N.D. Ill.). The lawsuit, filed on July 18, 2008, originated from a complaint filed by the National Fair Housing Alliance (NFHA) with the U.S. Department of Housing and Urban Development (HUD). Testing conducted by NFHA of RE/MAX East-West in 2004 and 2005 revealed that DeJohn had steered an Hispanic tester toward homes in predominantly African-American or Hispanic neighborhoods, but had encouraged a similarly situated white tester to look at listings in predominantly white neighborhoods. Both testers had contacted DeJohn about the same advertised listing.

Under the terms of the consent decree, the defendants shall pay $120,000 to the NFHA. The settlement also requires RE/MAX East-West to hire a qualified organization to provide fair housing training to its agents and to maintain records and submit periodic reports to the Justice Department. DeJohn voluntarily surrendered his Illinois real estate license which expires in April 2009. However, the settlement requires DeJohn to comply with similar training and reporting requirements if he decides to become a real estate agent again in Illinois or any other state. Press Release

JUSTICE DEPARTMENT SETTLES ALLEGATIONS OF DISABILITY AND RELIGIOUS DISCRIMINATION AGAINST NASHVILLE, TENN.

On January 29, 2009, the United States entered into a consent decree resolving allegations that the Metropolitan Government of Nashville and Davidson County (Metropolitan Government) violated the Fair Housing Act (FHA) and the Religious Land Use and Institutionalized Persons Act (RLUIPA) by discriminating against Teen Challenge, a Christian substance abuse treatment program. In a federal lawsuit filed in September 2008, the United States alleged that the Metropolitan Government discriminated against individuals with disabilities in violation of the FHA and imposed a substantial burden on religious exercise in violation of RLUIPA. According to the complaint, the Metropolitan Government denied Teen Challenge a building permit to operate in Goodlettsville, Tennessee, and amended its zoning code in a manner that prevented Teen Challenge from using the property. The consent decree, which must still be approved by the court, requires the Metropolitan Government to train nearly 100 employees and officials who make zoning and land use decisions on the requirements of the FHA and RLUIPA, to appoint a compliance officer to receive complaints and ensure compliance with the settlement, and to provide periodic reports to the Justice Department. As part of the settlement, the Metropolitan Government rescinded the amendment to its zoning code that affected Teen Challenge and adopted a reasonable accommodation policy for individuals with disabilities. The Metropolitan Government will also pay a $20,000 civil penalty to the United States and $50,000 to participants in Teen Challenge’s program. Press Release

JUSTICE DEPARTMENT SUES YPSILANTI, MICH., LANDLORDS FOR SEXUAL HARASSMENT

On January 29, 2009, the United States filed a complaint against Ronald D. Peterson and Glen E. Johnson, the owner and rental manager, respectively, of 11 single family homes in Ypsilanti, Michigan, in the Eastern District of Michigan. The complaint alleges that Johnson made unwanted verbal sexual advances, entered the apartment of female tenants without permission or notice, granted and denied tangible housing benefits based on sex, and took adverse action against female tenants when they refused or objected to his sexual advances. The complaint also alleges that Peterson, the owner of the properties, is liable for Mr. Johnson’s alleged misconduct, and that he knew or should have known of Johnson’s alleged misconduct but failed to take reasonable preventive or corrective measures. This case is being handled jointly by the Civil Rights Division of the Department of Justice and the U.S. Attorney’s Office for the Eastern District of Michigan in Detroit. The suit seeks monetary damages for victims, civil penalties and a court order barring future discrimination. This matter was initially referred to the Department by the Fair Housing Center of Southeast Michigan, a fair housing organization in Ann Arbor. Press Release

JUSTICE DEPARTMENT ANNOUNCES SETTLEMENT ON DISABLED ACCESS WITH DEVELOPERS OF WOODBRIDGE, VA. APARTMENT COMPLEX

On January 16, 2009, the United States filed a complaint and proposed consent decree in United States v. Summerland Heights III, L.P, et al. (E.D. Va.), a Fair Housing Act pattern or practice case alleging that the defendants failed to design and construct an apartment complex in Woodbridge, Virginia in accordance with the accessibility requirements of the Fair Housing Act, as amended, and Title III of the Americans with Disabilities Act. Specifically, the complaint cites a failure to design and construct the Crossings at Summerland Apartments so that the public use and common use portions of covered multi-family dwellings are readily accessible to and usable by individuals with disabilities and so that all of the ground floor units contain features of accessible design. The defendants are: Summerland Heights III LP; Summerland Heights III GP LLC; Cederquist, Rodriguez, Ripley PC; Bowman Consulting Group Ltd.; and the Marlyn Development Corporation.

Under the consent decree which was entered by the Court on January 26, 2009, the defendants will pay all costs related to making the apartment complex accessible to persons with disabilities and establish a $30,000 fund to compensate individuals harmed by the inaccessible housing. The defendants will also pay a $20,000 civil penalty to vindicate the public interest and undergo training on the requirements of the Fair Housing Act. Press Release

THE JUSTICE DEPARTMENT RESOLVES INVESTIGATION UNDER SERVICEMEMBERS CIVIL RELIEF ACT OF HOMECOMING FINANCIAL, LLC

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. This matter arose when United States Air Force Master Sergeant Brenda S. Gomez received permanent change of station orders transferring her from Tinker Air Force Base to Vance Air Force Base. When she sold her home to move closer to the new base, Homecomings denied MSgt Gomez’s request to waive the prepayment penalty on her residential mortgage loan. As a result of the Justice Department’s investigation, Homecomings has refunded MSgt Gomez’s $9,144 prepayment penalty and has agreed to waive the prepayment penalties of servicemembers in the future who are transferred involuntarily to a base thirty miles or more from their current residence. Press Release

JUSTICE DEPARTMENT SUES TOWING COMPANY FOR VIOLATING THE SERVICEMEMBERS CIVIL RELIEF ACT

On December 10, 2008, the United States filed a complaint in United States v. B.C. Enterprises, Inc. d/b/a Aristocrat Towing (S.D. Fla.). The complaint alleges that a towing company in Norfolk, Virginia towed and sold a Navy Lieutenant’s car without a court order, in violation of the Servicemembers Civil Relief Act. The complaint also alleges that the defendants may have towed and sold other servicemembers’ cars without court orders. The United States Navy referred this matter to the Division.   Press Release

JUSTICE DEPARTMENT RESOLVES LAWSUIT ALLEGING RACE DISCRIMINATION AT ROSEVILLE, MICHIGAN APARTMENT COMPLEX

On December 8, 2008, the Court entered a consent order in United States v. Regent Court Apartments (E.D. Mich.), a Fair Housing Act case developed by the testing program that alleged a pattern or practice of discrimination on the basis of race. The complaint filed on January 18, 2008, alleged 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 alleged that white testers were offered apartments immediately while African-American testers were told that there would be a long wait for any apartment availability. The consent order includes standard injunctive relief as well as a requirement that the defendants contract with a local fair housing organization to conduct compliance testing during its three-year term. Under the order, the defendants will pay $25,000 each to three identified aggrieved persons, a $55,000 civil penalty, and $40,000 to an unidentified victim fund. The owners of the apartments have also terminated the employment of the defendant resident manager.   Press Release