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

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... Design and Construction CaseHUD Settlemen

Fair Housing Legal Update

Alphonso EasonTrial AttorneyU.S Department of Housing and Urban Development

Office of General Counsel

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.

• 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)

Bases covered under the

Fair Housing Act (FHA)

FHA prohibits discriminatory

Disability Discrimination Issues

• Traditional

• Design and Construction Requirements

(Accessibility)

• Reasonable Accommodations/Modifications

Design and Construction

Joint Statement of HUD-DOJ (Design and

Construction Requirements for Covered Multifamily Dwellings Under the FHA)

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

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

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

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

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

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

National Origin/Immigration

Status

HUD: Immigration Status and Housing

Discrimination (Frequently Asked Questions)

•8 Questions and Responses

•National Origin Discrimination

•Immigration Status

National Origin Discrimination

•Testing case (Central AL Fair Housing Center)

•“Are you Hispanic?”

•Discrimination based on national origin

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

Sex (Gender) Discrimination

• Traditional

• Pregnancy/Maternity Leave

• Sexual Harassment

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

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

•Respondent (Cornerstone Mortgage Company)

•Pregnancy or maternity leave

•Discriminatory mortgage lending practices

•Discriminatory statements

•Discrimination based on sex or familial status

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

Familial Status Discrimination

Issues

• Traditional

• Internet Advertising

Familial Status Discrimination

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

Internet Advertising Case

HUD v USA4SALE Network, Inc (HUD 2011)

•Complainant (HUD)

•Respondent (USA4SALE Networks, Inc.)

•Website

•Published Discriminatory Statements

•“No children” or “No Kids”

•Discrimination based on familial status

•FHEO Office of Systemic Investigations

Internet Advertising Case

HUD Conciliation

•$7,500 monetary donation to fair housing group

•$7,500 in-kind services donation (FH Advertising)

•Install filters to detect and prevent the posting of offensive ads

•Develop priority notification/communication

channels for fair housing groups

•Fair housing training

Other Housing Discrimination

Issues

• Equal Access Rule

• Discriminatory Effects Rule

• AFFH

Equal Access Rule

HUD Rule: Equal Access to Housing in HUD

Programs Regardless of Sexual

Orientation or Gender Identity

Discriminatory Effects Rule

HUD Rule: Implementation of the Fair

Housing Act’s Discriminatory

Affirmatively Furthering Fair

•Summary of Proposed Rule

•Findings and Certifications

QUESTIONS?

Contact Information

Alphonso Eason

Trial Attorney

Office of General Counsel

U.S Department of Housing

and Urban Development

(913) 551-5442

Alphonso.L.Eason@hud.gov