HUD Approves Settlement with Lancaster, Pennsylvania Apartment Providers Resolving Claim of Housing Discrimination

The U.S. Department of Housing and Urban Development (HUD)'s Conciliation Agreement under the Fair Housing Act between the Metropolitan Management Corporation and Lancaster Court Associates and a family of former tenants resolves allegations that the housing providers discriminated against the family when terminating their lease because a member of the family had a second child. Under the Fair Housing Acts, it is illegal to discriminate in the sale or rental of housing based on race, color, national origin, disability, religion, sex (including sexual orientation and gender identity), and familial status.

The agreement stems from a complaint alleging that Metropolitan Management Corporation and Lancaster Court Associates violated the Fair Housing Act by having an overly rigid occupancy policy that discriminated based on familial status. The complaint alleges that when a baby was born to a family of four, the landlord terminated the family’s lease for a two-bedroom unit because of their discriminatory occupancy policy.

“No tenant should be subjected to housing discrimination based on their familial status or family status as some call it” said Demetria L. McCain, Principal Deputy Secretary for Fair Housing and Equal Opportunity. “This agreement demonstrates HUD’s commitment to enforcing the Fair Housing Act and making sure all families have access to fair and inclusive housing.”

Under the terms of the agreement, Metropolitan Management Corporation and Lancaster Court Associates will pay $70,000 to the tenants, attend fair housing training, develop an occupancy policy conforming with the Fair Housing Act, and train their staff on the new occupancy policy.

People who believe they have experienced discrimination may file a complaint by contacting HUD's Office of Fair Housing and Equal Opportunity at (800) 669-9777 (voice) or (800) 877-8339 (Relay) or at hud.gov/fairhousing.

Read the April 29, 2024 HUD press release.

Evaluation of 50 Years of Exclusionary Zoning Litigation

 

Robert G. Schwemm has published in the UIC Law Review - (37:3): 390-456 - an historical review of the Arlington Heights cases and the ongoing legal barriers to address metropolitan segregation through zoning litigation. See “Reflections on Arlington Heights: Fifty Years of Exclusionary Zoning Litigation and Beyond.”

Schwemm is the Ashland-Spears Distinguished Research Professor of Law and William L. Matthews, Jr. Professor of Law at the College of Law, University of Kentucky. He also is author of the encyclopedic standard Housing Discrimination: Law and Litigation (West Group, 2001 and updated annually by Clark Boardman Callaghan).

Arlington Heights (Illinois) was an exclusionary zoning case, one of many such cases brought in the 1970s that challenged local land-use practices blocking subsidized housing projects for racial minorities who were underrepresented in the area. Passage of the FHA in 1968 stimulated more of this type of litigation. Since then, many exclusionary zoning cases have been filed, and, as the Supreme Court noted in 2015, they make up the basis of this type of FHA claim. Arlington Heights is the most important of these cases. 

In the 50 years since the case, the Village of Arlington Heights has become a more diverse and welcoming community that recently elects Democratic candidates. But residents of these type of "high-opportunity" communities have generally continued to oppose any subsidized housing projects. Exclusionary zoning remains a battleground today, as occasional FHA-based actions generally have failed - and continue to fail - to overcome more powerful social and economic forces that encourage affluent suburbs to use zoning to exclude affordable housing. 

There have been positive developments since the Arlington Heights case that could influence future desegregation. The link between where you live and your financial, social, and medical life chances has been solidly established by much research. Also, bans on “source-of-income” discrimination have been added to many state and local fair housing laws that the majority of Americans now live in jurisdictions with such a ban. Though mainly designed to guarantee voucher-holders access to more rental opportunities, these source-of-income laws have also been used to challenge exclusionary zoning.

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Source: April edition of Poverty & Race by the Poverty & Race Research Action Council 

(PRRAC).

MD Commission on Civil Rights Pride Event is June 6th

 

Join the Maryland Commission on Civil Rights & Maryland Commission on LGBTQIA+ Affairs for a virtual panel discussion, as we celebrate the progress in LGBTQIA+ rights and center joy within the community.  To register, click on the image above or scan the QR code.

Victim of Discrimination? Training & Partnerships

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Maryland Hate-Bias Forum is on June 6, 2024

 

Join us at our LIVE forum that brings together law enforcement and the community to improve hate bias reporting. To register, click on the picture above or click HERE.

Victim of Discrimination? Training & Partnerships

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HUD Charges Grapevine, Texas Housing Authority with Disability Discrimination

The U.S. Department of Housing and Urban Development (HUD) has charged the Grapevine Housing Authority (“GHA”); Jane Everett, Executive Director of GHA; and Bonnie McHugh, Vice-Chair of the GHA Housing Commission, with discriminating against, and failure to provide a reasonable accommodation for a tenant with a disability. Read the charge.

The Fair Housing Act prohibits discrimination based on disability. This includes prohibiting housing providers from making housing unavailable to persons based on disability. The Act also requires housing providers to make reasonable accommodation when necessary for persons with disabilities to have an equal opportunity to use and enjoy their homes.

Grapevine is located in northeast Tarrant County in the Mid-Cities suburban region between Dallas and Fort Worth and includes a larger portion of Dallas/Fort Worth International Airport than other cities. The population was 50,631 (2020).

HUD’s Charge of Discrimination alleges that the Grapevine Housing Authority, Ms. Everett, and Ms. McHugh terminated the lease of a tenant with diabetes following a medical episode caused by his blood sugar levels. They subsequently denied his reasonable accommodation request and continued eviction proceedings against him even after his doctor had provided evidence that his symptoms were managed following a change in medication and purchase of a medical alert bracelet.

A US Administrative Law Judge will hear HUD’s charge unless any party to the charge elects to have the case heard in federal district court. If a judge finds, after a hearing, that discrimination has occurred, they may award damages to the complainant for his losses as a result of the discrimination. The judge may also order injunctive relief and other equitable relief, to deter further discrimination, as well as payment of attorney fees. In addition, the judge may impose civil penalties to vindicate the public interest. If the federal court hears the case, the judge may also award punitive damages to the complainant.

People who believe they are the victims of housing discrimination should contact HUD at (800) 669-9777 (voice) or (800) 927-9275 (TTY) or file a complaint here: www.hud.gov/fairhousing/fileacomplaint.

Housing providers and others can learn more about their responsibility to provide reasonable accommodations and reasonable modifications for individuals with disabilities here. More information is available at www.hud.gov/fairhousing.

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Read the March 25, 2024 HUD release.

HUD Charges Luxury Condominium in Puerto Rico with Violating the Accessibility Requirements of the Fair Housing Act

The U.S. Department of Housing and Urban Development (HUD) has charged the architectural firm, the general contractor, and the owners for failing to design and construct Quantum Metrocenter Condominiums (“QMC”) in San Juan, Puerto Rico, in accordance with the accessibility requirements of the Fair Housing Act (“Act”) based upon a complaint started by HUD. HUD has also charged some of them with failing to approve a reasonable accommodation request made by two residents due to the inaccessible design and construction features of QMC. Read the Charge. The Act requires multifamily housing built after March 1991 to have accessible features for people with disabilities. The Act also prohibits discrimination because of disability, including refusing to allow reasonable accommodations that would otherwise permit homeowners with disabilities an equal opportunity to use and enjoy their housing. HUD’s Charge of Discrimination alleges that the charged failed to include accessible building entrances on accessible routes, accessible and usable public and common use areas, usable doors in units, accessible routes in units, accessible thermostats, reinforced walls for grab bars in bathrooms, and usable kitchens and bathrooms for persons with disabilities, especially those in wheelchairs, in the 80-residential unit two-tower buildings. The Charge also alleges they failed to approve a reasonable accommodation request for an accessible parking space, which would have allowed persons with disabilities to have better use of their units and the common area features of QMC, even while continuing to have to endure other inaccessible design and construction features. A US Administrative Law Judge will hear HUD’s charge unless any party elects to have the case heard in Federal district court. If the Administrative Law Judge finds, after a hearing, that discrimination has occurred, the judge may award damages to the resident for his losses as a result of the discrimination; injunctive relief and other equitable relief to deter further discrimination; payment of attorney fees; and civil penalties to vindicate the public interest. If the Federal court hears the case, the Judge may also award punitive damages to the resident. To assist residential unit owners and professionals, HUD began its Fair Housing Accessibility FIRST (FIRST) initiative to promote compliance with the Fair Housing Act design and construction requirements. The program offers comprehensive and detailed instruction programs, useful online web resources, and a toll-free information line for technical guidance and support. Housing providers can learn more about the FIRST program here.  Anyone who believes they are the victims of housing discrimination should contact HUD at (800) 669-9777 (voice) or (800) 927-9275 (TTY). Housing providers and others can learn more about their responsibility to provide reasonable accommodations for individuals with disabilities here and about accessibility requirements for multifamily housing here. Additional information is available at www.hud.gov/fairhousing. ***** Source: Read the April 5, 2024 HUD press release.

 

The HUD Fair Housing Month 2024 Opening Ceremony

The Opening Ceremony

HUD's Office of Fair Housing & Equal Opportunity (FHEO) will host the Fair Housing Month Opening Ceremony on April 11. The Opening Ceremony features:

• Demetria L. McCain, Principal Deputy Assistant Secretary, Fair Housing and Equal Opportunity.
• Melody C. Taylor, Deputy Assistant Secretary for Policy, Legislative Initiatives & Outreach | Executive Director of PAVE.
• Damon T. Hewitt, Keynote Speaker | President and CEO of the Lawyers’ Committee for Civil Rights Under Law.
• José R. Ballesteros, Poet and Professor of International Languages and Cultures at St. Mary's College of Maryland.

FHEO Table Talk Series

The FHEO Talk Talks Series provides the Agency with the opportunity to strengthen its partnerships with leading community stakeholders and inform HUD’s mission to ensure fair housing for all.

The series was developed in accordance with President Biden’s Executive Order on Advancing Racial Equity and Support for Underserved Communities through the Federal Government. It covers topics related to fair housing and racial equity and includes discussions with experts, practitioners, leaders, and social justice activists engaged in work relevant to fair housing opportunities.

To learn more or view previously recorded episodes of the FHEO Table Talks Series, please visit HUD’s YouTube channel.

PAVE website

On June 1, 2021, President Joseph R. Biden, Jr. directed the Department of Housing and Urban Development (HUD) Secretary Marcia Fudge to lead “…a first-of-its-kind interagency initiative to address inequity in home appraisals...”

In response to President Biden’s directive, Secretary Fudge, along with Domestic Policy Council (DPC) Director Susan Rice (and now Co-Chair), established the Interagency Task Force on Property Appraisal and Valuation Equity (PAVE). Visit the PAVE website.

FHEO Technical Assistance

HUD and FHEO are continuously developing technical assistance materials, resources, and trainings to educate housing consumers and providers on their fair housing rights and responsibilities. You can view all HUD training opportunities here. During Fair Housing Month 2024, FHEO is highlighting its efforts to provide fair housing education to our stakeholders. Click the links below to view these recently developed technical assistance resources:

• Assistance Animals and Fair Housing: Navigating Reasonable Accommodations Webinar
• Data and Fair Housing Planning: AFFH-T Video Series
• Fair Housing Act’s Familial Status Protections Webinar
• OHC and FHEO Conference - Fair Housing 2021: What Counselors Need to Know
• Preventing Sexual and Other Discriminatory Harassment in Housing
• Respondent’s Obligations Toolkit
• LGBTQIA+ Fair Housing Toolkit

FHEO Outreach Tools

 

Visit the FHEO Outreach Tools page to view and download fair housing materials and resources, including posters, graphics, and Microsoft Teams backgrounds. These materials can be shared with your stakeholders to raise awareness of fair housing rights, educational opportunities, and resources. 

Visit the Outreach Tools page. 

How to Report Housing Discrimination

 

If you believe your rights may have been violated, we encourage you to report housing discrimination.

Because there are time limits on when an allegation can be filed with HUD after an alleged violation, you should report housing discrimination as soon as possible. When reporting housing discrimination, please provide as much information as possible, including:

• Your name and address
• The name and address of the person(s) or organization your allegation is against
• The address or other identification of the housing or program involved
• A short description of the event(s) that cause you to believe your rights were violated; and
• The date(s) of the alleged violation.

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Source: HUD Fair Housing Month page.

Baltimore Civil Rights Week: Call for Presenters

 

SUBMIT A PROPOSAL! This year, the Baltimore City Office of Equity and Civil Rights is excited to be hosting the 5th annual Civil Rights Week (October 6th - October 12th) here in Baltimore as we celebrate the 60th anniversary of the historic signing of the 1964 Civil Rights Act. Civil Rights Week is a series of FREE events over seven days which bring together academics, policy makers, service providers, activists, grassroots leaders, and members of all types of communities in our city together. In many respects, Baltimore, is one of the true homes of the civil rights movement. From the founding of the Baltimore City Equal Employment Opportunity Commission in 1956 to the establishment of the Police Accountability Board in 2022, Baltimore and the beautifully diverse people that make up our communities have fearlessly stood at the front lines of this fight. The City of Baltimore and the Office of Equity and Civil Rights are honored to be the beneficiaries of that work and the guardians of that legacy.  Governor Moore has declared 2024 to be "The Year of Civil Rights". With the same energy and spirit, we are happy to share that our theme for Civil Rights Week 2024 will be "From Protest to Progress!". Put yourself in a reflective and prospective mindset as we dissect false and systemic barriers and take the opportunity to learn about and celebrate the people and ideas that have made Baltimore a more equitable place to live. You can follow the links below to learn more about the different divisions that make up OECR and how your proposal can tie into some of the amazing work they do: -Police Accountability Division -Wage Commission -Women's Commission -Commission on Disabilities -Equity Division -Community Relations Commission Proposals for programs are now open and will be accepted until May 31st, 2024, at 11:59 PM.   To submit a proposal, please complete this online form: https://forms.office.com/g/39LGUWHxtE  If you require accommodations or other assistance to submit a proposal, please contact Jumel Howard at jumel.howard@baltimorecity.gov for further assistance.   Guidelines for Proposals:   Proposal topics should be relevant to the main theme of the week, "From Protest to Progress" Proposals should be focused on the local Baltimore (City and/or County) area and how equity, civil rights, and inclusion in process have evolved in Baltimore between the signing of the 1964 Civil Rights Act and today.  Activists, service providers, policy makers, scholars, clients, artists, and other Baltimore-based change-makers are all welcome as potential panelists!  When writing the proposal description be sure to include a title and brief (roughly 100 words) description of your proposed panel, workshop, or other interactive formats. Proposed presenters must have already agreed to participate BEFORE proposal submission.  No incomplete proposals will be considered. This means all participants must be identified and their contact information provided, and all aspects of the associated program and costs are included in the proposal. Proposals with any associated costs must include a plan to cover those costs.    Individuals and organizations who have presented in prior years are more than welcome to submit proposals for this year! However, please be sure that the proposal presents different material than has been presented in the past.  We do not include panels that are solicitations or advertisements for businesses or personal services.  Preference will be given to proposals that incorporate the voices of minority, immigrant/refugee, low-income, or LGBTQIA+ communities. We will also give consideration to proposals that include presenters in multiple roles and/or from more than one organization/institution. For example: (a service provider, scholar, and client from one organization, or representatives from two or more organizations working in collaboration.) Submission Timeline:   May 31, 11:59pm (EST): Deadline for proposal submission.   May 15: Notification of acceptances.  June 28: Participant and OECR Introduction/Q&A Session. August 1: General registration opens. August 1st - 15th: Venue walk-throughs. Sunday, October 6th - Saturday, October 12: Baltimore City Civil Rights  Week!