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Attorney General's Fair Housing Initiative
Read About What's New
Remarks by Attorney General Eric H. Holder Jr. at the Washington Lawyers’ Committee for Civil Rights and Urban Affairs Wiley A. Branton Awards Luncheon June 16, 2009
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Remarks as Prepared for Delivery by Attorney General Eric Holder at the Foreclosure Rescue Scams and Loan Modification Fraud Press Conference
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Recent Headlines From the Courtroom
JUSTICE DEPARTMENT OBTAINS $35,000 IN DISABILITY-BASED HOUSING DISCRIMINATION SETTLEMENT WITH APARTMENT COMPLEX IN LONGVIEW, WASHINGTON
On May 1, 2007, the United States filed a complaint in United States, et al. v. Price et al. (W.D. Wash.), a Fair Housing Act election referral from the Department of Housing and Urban Development (HUD). The Defendants own Valley View Apartments, a 24 unit apartment complex located in Longview, Washington. The complaint alleged that the Defendants discriminated on the basis of disability by refusing to make a reasonable accommodation for the HUD complainant by giving him adequate space to park and then seeking to evict him after he requested it. On August 10, 2009 the court entered a consent decree resolving the complaint. Pursuant to the consent decree, the defendants will pay $35,000 to the complainant.
Press Release
JUSTICE DEPARTMENT ANNOUNCES DISABLED ACCESS SETTLEMENT WITH DEVELOPERS OF WOODBRIDGE, VIRGINIA, APARTMENT COMPLEX
On August 3, 2009, the Court entered a consent decree in United States. v. Summerland Heights GP, L.L.C., et al. (E.D. Va.) resolving allegations that those involved in the design and construction of the Summerland Heights Apartments, an apartment complex in Woodbridge, Va., discriminated on the basis of disability in the design and construction of the project. The complaint, which was filed on July 31, 2009, alleges that the defendants violated the federal Fair Housing Act. It cites a failure to design and construct the Summerland Heights Apartments so that ground floor units contain features of accessible design and the public use and common use areas are readily accessible to and usable by individuals with disabilities. Under the settlement the defendants will pay all costs related to retrofitting the apartment complex to make it accessible to persons with disabilities. The defendants must also establish a $40,000 fund which will be used to compensate individuals harmed by the inaccessible housing. The settlement also requires the defendants to undergo training on the requirements of the Fair Housing Act. The defendants are: Summerland Heights GP LLC, Summerland Heights II GP LLC, Summerland Heights L.P., Summerland Heights II L.P., Charles P. Johnson & Associates Inc. and the Marlyn Development Corp. Press Release
JUSTICE DEPARTMENT FILES LAWSUIT ALLEGING RACIAL DISCRIMINATION AT APARTMENT COMPLEX IN CLANTON, ALABAMA
On July 21, 2009, the United States filed a complaint in United States v. Biswas, et al. (M.D. Ala.), a Fair Housing Act case based on evidence developed by the Division’s fair housing testing unit. The complaint alleges that the manager (Kenneth R. Scott) and maintenance worker (Frankie L. Roberson) of Rolling Oaks Apartments, while working as employees of the owner (Chandi Biswas), made statements expressing a preference against African-American tenants, in violation of 42 U.S.C. 3604(c). The complaint alleges that the defendants’ conduct constitutes a pattern-or-practice of discrimination or a denial of rights to a group of persons. Press Release
JUSTICE DEPARTMENT FILES LAWSUIT ALLEGING RACIAL DISCRIMINATION AT MOBILE HOME PARK IN GULFPORT, MISSISSIPPI
On June 19, 2009, the United States filed a complaint in United States v. Indigo Investments, LLC, et al. (S.D. Miss.), alleging that the owner and managers of a mobile home park in Gulfport, Mississippi discriminated against tenants based on race. The complaint alleges that the defendants refused to rent or negotiate for rental based on race, discriminated in the terms and conditions of rental based on race, and intimidated, threatened, or interfered with tenants’ exercise or enjoyment of rights protected by the Fair Housing Act. This is an election case that was referred to the Department by HUD. The complaint also includes a pattern or practice claim. Press Release
JUSTICE DEPARTMENT RESOLVES LAWSUIT ALLEGING DISABILITY-BASED HOUSING DISCRIMINATION AT FOUR MULTIFAMILY HOUSING COMPLEXES IN SPOKANE COUNTY, WASHINGTON
On May 26, 2009, the Court entered a consent decree resolving United States v. Lanzce Douglass, et al. (E.D. Wa.). The complaint, which was filed on September 25, 2007, alleged discrimination on the basis of disability in the design and construction of four multifamily housing complexes in the Spokane, Wash., area in violation of the federal Fair Housing Act. Under the settlement, the defendants will pay all costs related to making the apartment complexes accessible to persons with disabilities and will pay $120,000 to compensate individuals harmed by the inaccessible housing. The developer will pay a $10,000 civil penalty to vindicate the public interest and most of the defendants will undergo training on the requirements of the Fair Housing Act. The defendants include developer Lanzce G. Douglass and companies owned and controlled by him; Beverly Neraas, as representative of the estate of the late Spokane architect Donald E. Neraas; architect Ralph W. Hoover; Independent Home Designs Inc.; the engineering firm J. R. Bonnett Engineering Inc.; and engineer Gary S. Nelson. The consent decree will remain in effect for three years. Press Release
JUSTICE DEPARTMENT SUES GARNER, NORTH CAROLINA, FOR DISABILITY DISCRIMINATION
On May 19, 2009 the United States filed a complaint against the Town of Garner, North Carolina and the town’s Board of Adjustment. The complaint alleges that they violated the Fair Housing Act when they refused to allow up to eight men recovering from drug and alcohol addictions to live together as a reasonable accommodation for their disabilities.
The lawsuit also alleges that the defendants have engaged in a denial of rights to a group of persons or a pattern or practice of discrimination by failing or refusing to recognize their obligation to make reasonable accommodations. The home is chartered by Oxford House Inc., a non-profit organization that assists in the development of self-governing houses in which persons in recovery support one another’s determination to remain sober. Garner permits up to six persons to live in the home, but has refused to consider requests by Oxford House Inc. to increase the number to eight.
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
UNITED STATES FILES SUIT AGAINST HAVERSTRAW, N.Y., LANDLORD TO PROTECT FAIR HOUSING RIGHTS OF TENANTS WITH MENTAL DISABILITIES
On May 6, 2009 the United States Attorney’s Office for the Southern District of New York filed a complaint in United States v. Berk-Cohen Associates at Tor View Village Apartments, LLC (S.D.N.Y.), a Fair Housing Act pattern or practice case. Loeb House, a housing services organization for persons with mental disabilities, either guaranteed rent or otherwise assisted clients in meeting their rental obligations for 20 units at Tor View Apartments. The complaint alleges that the defendant discriminated against Loeb House and its clients when it threatened to no longer accept Loeb House’s rental guarantees or other housing assistance. Press Release
JUSTICE DEPARTMENT FILES LAWSUIT ALLEGING DISABILITY-BASED HOUSING DISCRIMINATION AT SIX COMPLEXES IN SIOUX FALLS, SOUTH DAKOTA
On May 6, 2009 the United States filed a
complaint against the builder, owners/developers, and a draftsman in United States v. Equity Homes, Inc. (D. S.D.), a Fair Housing Act pattern or practice/election case from HUD. The complaint alleges that the defendants discriminated on the basis of disability by designing and constructing 90 covered units in six Sioux Falls-area apartment complexes and condos in a manner that made the complexes inaccessible to persons with disabilities. Press Release
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 tenants 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 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 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
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