The court's opinion adopted the United States' argument that the plaintiff in a design-and-construction case may demonstrate liability by showing that the defendant did not follow the HUD FHA Guidelines, and that the defendant may overcome this showing only by demonstrating compliance with another, comparable accessibility standard. The court also rejected the defendants' argument that a more subjective standard for accessibility should control.
Finally, the court agreed that demonstrating violations of the FHA's accessibility requirements did not require a showing that an actual buyer or renter was denied housing. Fair Housing of the Dakotas v. Goldmark Property Management Co. The Coalition reported that on September 23, , a young Indian-American Sikh was told by a manager to remove his turban or leave at its Springfield, Virginia club. On June 28, , the United States signed a settlement agreement with a real estate company settling our allegations that one of its former agents violated the Fair Housing Act on the basis of race by engaging in a pattern or practice of discrimination in the sale of a dwelling.
The settlement agreement obligates the real estate company, First Boston Real Estate, to implement a non-discriminatory policy, which will be displayed in its offices and distributed to any persons who inquire about the availability of any properties, as well as to all agents. Fortune Society, Inc.
Garden State Islamic Center v.
City of Vineland, NJ D. On April 1, , the Division filed a statement of interest in Gomez v. Quicken Loans C. The statement of interest states that 1 Smith v. City of Jackson did not overrule, explicitly or implicitly, decades of Fair Housing Act disparate impact precedent, 2 disparate treatment claims do not require proof of ill intent, and 3 Equal Credit Opportunity Act claims do not require a denial of credit.
The court dismissed the complaint and Mr. Gomez filed an appeal in the Ninth Circuit Court of Appeals. The Division filed an amicus brief in the Court of Appeals on January 16, The Ninth Circuit ruled on November 2, , 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.
Gordon v. Pete's Auto Service of Denbigh, Inc. On February 14, , the United States Court of Appeals for the Fourth Circuit issued an opinion holding that the SCRA amendments providing an express private right of action for damages should apply to this case. On October 27, , the Division participated in oral argument as amicus in Gordon v. The court ordered supplemental briefing on whether amendments made to the SCRA on October 13, , adding an explicit private right of action, are retroactive. On November 29, , 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.
Groome and United States v. Jefferson Parrish E. The Parish zoning ordinance required the group home provider to seek an accommodation to house five persons instead of the permitted four.
The court held that the Parish broke the law when it failed to act on the request because of opposition from neighborhood residents and a member of the Parish Board. The Parish appealed the decision to the Court of Appeals for the Fifth Circuit, arguing that the Fair Housing Act protections for persons with disabilities are unconstitutional.
The Civil Rights Division intervened and filed a brief arguing that Congress had power to pass the legislation under both the Commerce Clause and the Fourteenth Amendment to the Constitution. The United States also filed an amicus brief in the district court. On November 20, , a unanimous three-judge panel joined three other Courts of Appeal holding that the Commerce Clause authorizes Congress to regulate the housing market. Hamad v. Woodcrest Condominiums Association E. Town of Milbridge, Maine D.
Town of Milbridge, Maine C. In this case, defendant Town of Milbridge adopted a moratorium that halted development of plaintiff's proposed housing project of farmworkers and their families. The plaintiff alleges that the moratorium was adopted because of resident opposition based on the national origin and familial status of the prospective residents. Our amicus brief was submitted in connection with plaintiff's motion for a preliminary injunction. We did not take a position on the merits, but set out our view as to the applicable legal principles.
Hargraves v. Capitol City Mortgage Corp. In this lawsuit against Capital City Mortgage Corp. In their complaint, the plaintiffs claim that Capital City's lending practices violated several federal laws, including the Fair Housing and the Equal Credit Opportunity Acts by engaging in a pattern or practice of targeting African American communities, a practice known as "reverse redlining," for abusive or predatory lending practices.
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. On March 23, , 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. The fact that a lender does business only in minority neighborhoods does not shield its business from scrutiny under federal fair lending laws.
In addition, racially targeted loans that are designed to fail make housing unavailable because of race since the borrowers are likely to lose their homes through foreclosure. The matter was settled and dismissed on March 27, The Federal Trade Commission has filed a separate action charging the same defendants with violating a number of federal consumer protection laws. FTC v. Capital City Mortgage Corp.
The matter was settled on March 14, 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. Hope Lutheran Church v. City of St. Ignace W.
Jagannath Organization for Global Awareness, Inc. Howard County, Maryland D. LeBlanc 5th Cir. 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.
LeBlanc appealed the judgment, arguing that Lewis' punitive damages award should be vacated because the jury awarded him neither compensatory nor nominal damage.
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On June 10, , 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. On May 15, , the Fifth Circuit reversed and vacated the jury's punitive damages award to Gene Lewis, holding that a plaintiff suing under the Fair Housing Act may not receive punitive damages absent an award of compensatory or nominal damages.
The Supreme Court denied certiorari on March 5, Loveless v. Milton and Richard Grant Co. Metropolitan St.
Louis Equal Housing Opportunity Council v. Gundacker Real Estate, Co.
Holly Gardens Citizens in Action, Inc. Township of Mount Holly 3rd Cir. National Fair Housing Alliance v. Facebook, Inc. Facebook S. Facebook moved to dismiss, arguing, among other things, that the Communications Decency Act immunizes it from the FHA. National Fair Housing Alliance, Inc. Spanos N.
Opulent Life Church v. City of Holly Springs 5th Circuit. Facebook N. In the case, the plaintiffs allege that Facebook uses its data collection and advertising tools to segregate users of the platform into different groups by race and national origin. That, according to the lawsuit, allows property owners and developers to target and exclude certain users according to those characteristics from seeing housing-related advertisements, in violation of the Fair Housing Act. The statement of interest argues that the plaintiffs have alleged sufficient facts to support a claim of housing discrimination under the Fair Housing Act, and that Facebook does not have statutory immunity under the Communications Decency Act for the development of its data collection and advertising tools.
Property Casualty Insurers Association of America v. Donovan N. 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 The settlement agreement resolved the United States' allegations that Pulte had failed to design and construct certain developments in Florida, Illinois, and Virginia to be accessible to persons with disabilities as required by the Fair Housing Act.