Fair Housing Legal Update (2014 Lincoln Commision on Human Rights)

Fair Housing Legal Update
Alphonso Eason
Trial Attorney
U.S. Department of
Housing and Urban Development
Office of General Counsel
Kansas City Regional Office


Legal Authority
Title VIII of the Civil Rights Act of
1968, as amended by the
Fair Housing Amendments Act of
1988 (Fair Housing Act)
 42 U.S.C. Sections 3601 et seq.
 24 C.F.R. Parts 100-103.

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Presentation
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Bases and prohibited discriminatory conduct
Equal Access, Discriminatory Effects, AFFH
HUD Documents

Several cases in HUD Region VII
HUD Secretary-initiated complaints
Resolution (ALJ Adjudication, HUD Settlement
or Conciliation Agreement)
• Relief (Individual and Public Interest)
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Bases covered under the
Fair Housing Act (FHA)
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Handicap (Disability)
Race/National Origin/Color
Sex (Gender)
Familial status
Religion

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FHA prohibits discriminatory
conduct in housing
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Sale or rental
Terms and conditions
Advertising
Financing
Design and Construction
Reasonable Accommodations/Modifications
Retaliation, Interference, Coercion, or
Intimidation
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Disability Discrimination Issues
• Traditional
• Design and Construction Requirements
(Accessibility)
• Reasonable Accommodations/Modifications

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Design and Construction
Joint Statement of HUD-DOJ (Design and
Construction Requirements for Covered Multifamily
Dwellings Under the FHA)
•Issued: April 30, 2013

•63 Questions and Answers
•Accessibility requirements
•Types of dwellings
•Public and common use areas
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Design and Construction Case
HUD (EHOC) v. H & H Development Group, Inc.,
et al. (HUD 2014)
•HUD Region VII: St. Louis, Missouri area
•Complainant (Metropolitan St. Louis Equal
Housing Opportunity Council (EHOC))
•Respondents (Owner, Architect, Builder, Engineers)
• Inaccessible features in building, clubhouse

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Design and Construction Case
HUD Settlement
•$2,800 individual relief to EHOC
•$32,200 to create a Retrofit Fund
•Administer Retrofit Fund to obtain the Corrective
Actions at the property
•Perform in-kind concrete work
•Fair housing training
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Reasonable Accommodations
FHEO Notice: Service Animals and Assistance
Animals for Persons with Disabilities in Housing
and HUD-Funded Programs
•Issued: April 25, 2013
•Purpose
•Applicability
•Organization

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Reasonable Accommodation
Case
HUD (Archibald) v. Riverbay, et al (ALJ 2012)
•Bronx, New York
•Complainant (Joseph Archibald)
•Respondents (Riverbay Corporation, Vernon
Cooper, and Henry T. Milburn, Jr.)
•No pets policy
•Service Animal
•Denial of reasonable accommodation; Retaliation
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Reasonable Accommodation
Case
ALJ Adjudication
•Grant the reasonable accommodation request
•$8,930.78 in actual damages to Complainant

•$30,000 in intangible damages (severe anxiety,
embarrassment, and emotional distress) to
Complainant
•$32,000 in civil penalties
•Fair housing training
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Race/National Origin/Color
Discrimination Issues
• Traditional Race
• National Origin/Immigration Status

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Race/National Origin
Discrimination
HUD Housing Study (2012)
•Office of Policy Development and Research
•Housing Discrimination Against Racial and Ethic
Minorities
•Black, Hispanic, Asian and White
•Executive Summary
•Rental and Sales Markets
•Paired Testing
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National Origin/Immigration

Status
HUD: Immigration Status and Housing
Discrimination (Frequently Asked Questions)
•8 Questions and Responses
•National Origin Discrimination
•Immigration Status

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National Origin Discrimination
Case
HUD v. Peachtree Apartments, et al. (HUD 2012)
•Clanton, Alabama
•Complainant (HUD)
•Respondents (Manager, Management Company,
Owner)
•Testing case (Central AL Fair Housing Center)
•“Are you Hispanic?”
•Discrimination based on national origin
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National Origin Discrimination
Case
HUD Conciliation
•Donate $5,000 to Central AL Fair Housing Center
•Donate $5,000 to a local or state-wide group or
organization that support the interests of Hispanics
•Nondiscrimination Policy

•Limited English Proficiency Standards
•Mandatory Civil Rights Compliance Training
•Internal FH Compliance Testing Program
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Sex (Gender) Discrimination
• Traditional
• Pregnancy/Maternity Leave
• Sexual Harassment

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Sex (Gender) Discrimination
Case
Dittmar v. Elite Properties of Iowa, LLC, et al.
(ALJ 2010)
•HUD Region VII: Cedar Rapids, Iowa
•Complainant (Beverly Dittmar)
•Respondents (Management Company, Employee)
•Extensive local flooding
•Discrimination based on sex (gender)
•Retaliation
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Sex (Gender) Discrimination
Case
ALJ Adjudication

•Default judgment
•$150 in actual damages to Complainant
•$20,000 in emotional distress relief to Complainant
•Back rent and associated fees not collectable
•$32,000 in civil penalties

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Pregnancy/Maternity Leave
Case
HUD v. Cornerstone Mortgage Company, et al.
(HUD 2011)
•Complainant (HUD)
•Respondent (Cornerstone Mortgage Company)
•Pregnancy or maternity leave
•Discriminatory mortgage lending practices
•Discriminatory statements
•Discrimination based on sex or familial status
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Pregnancy/Maternity Leave
Case
HUD Conciliation
•$15,000 in individual relief
•$750,000 to create a victims’ fund for other
borrowers who were discriminated against
•Pay as many as 100 successful claimants $7,500
each

•Fair housing training
•Update mortgage lending policies
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Familial Status Discrimination
Issues
• Traditional
• Internet Advertising

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Familial Status Discrimination
Case
HUD (Potter) v. Morgan, et al. (ALJ 2012)
•Cody, Wyoming
•Complainants (Neisha and Jason Potter and their
minor children)
•Respondent (Thea Morgan)
•Discriminatory Statements
•Refusal to negotiate
•Discrimination based on familial status
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Familial Status Discrimination
Case
ALJ Adjudication
•HUD Secretarial Review

•$4,750 in tangible damages to Complainants
•$15,000 in intangible damages to Complainants
•$500 civil penalty
•Fair housing training

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