HUD Approves $115,000 Settlement with the City and County of Denver, Colorado, Resolving Claim of Disability Discrimination

 

The U.S. Department of Housing and Urban Development (HUD) has entered into a Voluntary Compliance Agreement / Conciliation Agreement with HUD grantees, the City and County of Denver, Denver’s Office of Community Planning and Development, and Denver’s Board of Adjustments. This Agreement resolves findings related to Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act and the remaining allegations of violations under Title VI of the Civil Rights Act of 1964, Section 109 of Title I of the Housing and Community Development Act of 1974, and the Fair Housing Act. Read the Agreement, the Letter of Findings of Noncompliance, and the Revised Formal Determination of Noncompliance.

The Agreement resolves allegations that the Respondents violated the Fair Housing Act and were in noncompliance with Section 504 of the Rehabilitation Act of 1973 (Section 504), Title II of the Americans with Disabilities Act (ADA), Section 109 of the Housing and Community Development Act of 1974, and Title VI of the Civil Rights Act of 1964, by denying a Denver, Colorado, household a variance to the Denver Zoning Code to construct an Accessory Dwelling Unit (ADU) to meet the disability-related needs of a household member. Federal nondiscrimination laws prohibit disability discrimination against homeowners without disabilities who live or are associated with individuals with disabilities.

The agreement stems from a complaint that was filed by a same-sex, mixed race couple who applied to the City of Denver for a variance to the City’s ADU zoning code to construct an ADU with necessary accessibility features - a reasonable accommodation for the disabled mother of one of the Complainants. The complaint also alleged that the City’s reasonable accommodation request denial was based on the Complainants’ race and sexual orientation.

HUD conducted an investigation and issued a Letter of Findings in 2022 which found that the Respondents were in noncompliance with Section 504 and the ADA with respect to the City’s zoning processes. HUD found that the City violated its obligations under Section 504 and the ADA by failing to provide a reasonable accommodation to the Complainants and by lacking sufficient mechanisms to ensure compliance with its obligations to provide reasonable accommodations, resulting in discrimination against individuals with disabilities under Section 504 and the ADA.

Under the terms of the agreement, the Respondents will: (1) pay $115,000 to the Complainants; and (2) create a reasonable accommodation policy and guidelines within the City of Denver’s Office of Community Planning and Development, including tracking reasonable accommodations requests, and complete training requirements. As a result of the complaint, during the investigation the City revised its Zoning Code, which required a ballot initiative to amend the City of Denver’s Charter to change the Zoning Code to comply with the Fair Housing Act, Section 504, and the ADA.

Read the November 8, 2024 HUD release.

Maryland Attorney General Urges State Supreme Court to Hear Case Protecting Fair Housing Rights Under the HOME Act

Attorney General Anthony G. Brown has filed an amicus brief urging the Maryland Supreme Court to hear Hare v. David S. Brown Enterprises, Ltd., to protect fair housing rights under the HOME Act and prevent discrimination against low-income Marylanders using Housing Choice Vouchers. The brief urges the Court to grant a writ of certiorari to hear the case and protect the fair housing rights of Marylanders. The outcome of this Supreme Court decision could set a significant precedent for how income requirements are applied in housing practices across the State.

Maryland enacted the HOME Act in 2020, joining 22 states and over 40 municipalities in outlawing housing discrimination based on source of income. The legislation was designed to protect marginalized groups such as people of color, families with children, and individuals with disabilities.

This includes participants in the federal Housing Choice Voucher program, which subsidizes rents for nearly 50,000 Maryland low-income families. Eligible families receiving assistance pay 30% of their income toward rent and utilities, with the remaining rent paid by a separate contract with local government agencies.

The case of Hare v. David S. Brown Enterprises, Ltd. involves an appeal from Katrina Hare, an elderly, disabled, African-American woman who receives Supplemental Security Income and uses a Housing Choice Voucher to afford housing. Hare was denied housing by David S. Brown, Ltd. because she did not meet its minimum income requirement of $47,700 a year, even though her Housing Choice Voucher would have covered all but $126 of rent. The Baltimore County Circuit Court ruled that this denial was not discrimination and granted summary judgment in favor of David S. Brown Enterprises, Ltd. Hare appealed that decision to the Maryland Appellate Court and has requested that the State's Supreme Court hear the case (she petitioned for a writ of certiorari) before the Appellate Court issues its opinion.

The Attorney General’s brief supports Hare’s petition to the Maryland Supreme Court, and requests the Court to hear the case and rule that David S. Brown Enterprise, Ltd. applied its minimum income requirements that illegally discriminates against prospective tenants who, like Hare, use Housing Choice Vouchers. The brief also details the legislative history of the HOME Act and emphasizes the intent of the General Assembly to protect Housing Choice Voucher participants from the type of housing discrimination in this case.

Read the September 9, 2024 The Moco Show article.

Read the September 6, 2024 Franklin County Free Press article.

 

On August 5, 2024, the Maryland Department of Housing & Community Development (DHCD) issued a Fair Housing Memorandum that applies to the full spectrum of housing activities, including, but not limited to, outreach and marketing, qualification and selection of residents, and occupancy. 

The Department has modified their requirements for Affirmative Fair Housing Marketing Plans and Tenant Selection Plans to comply with the HUD Guidance. Owners and/or managers of properties that have received LIHTC awards, program funds, or other subsidies from the Department are now required to submit a copy of their tenant selection plan or policy by January 1, 2025, to evidence compliance with the policies.

The Memorandum includes revised and updated policies regarding: 

• Credit History Screening
• Eviction History Screening
• Criminal Record Screening
• Admission Criteria

DHCD will review the tenant selection plan or policy to ensure it complies with DHCD requirements and will reject any plan that isn’t in conformance.

Read DHCD's CDA AFHM Memo.

HUD Approves Settlement with California Housing Providers Resolving Claim of Disability Discrimination

 

The U.S. Department of Housing and Urban Development (HUD) has entered into a Conciliation Agreement between Burbank Housing Management Corporation, Burbank Housing Development Corporation, BHDC Parkwood Apartments, LLC, Oak Ridge Apartments Associates LP, and James Perez, requiring the respondents to pay $41,500 in compensation to the complainant. The Agreement resolves allegations that the respondents violated Section 504 of the Rehabilitation Act of 1973 and the Fair Housing Act by discriminating against tenants with disabilities. Read the Agreement here.

The Fair Housing Act prohibits discrimination because of disability, including refusing to allow reasonable accommodations that would otherwise permit tenants with disabilities an equal opportunity to use and enjoy their housing. Section 504 of the Rehabilitation Act of 1973 (Section 504) prohibits the exclusion or discrimination of qualified individuals based on disability in any program receiving federal financial assistance, including from HUD.

The Agreement began with a complaint alleging that the Sonoma County, California, based housing providers interfered with the rights of tenants with disabilities to obtain reasonable accommodations, and that the respondents, who are receive HUD and US Department of Agriculture (USDA) funding, were in noncompliance with Section 504. The Respondents denied the allegations in the Complaint and agreed to settle the matter. The Conciliation Agreement does not constitute an admission of guilt by the Respondents and no determination has been issued by HUD about this.

Under the terms of the Agreement, the housing providers will pay $41,500 to the complainant. They will also ensure their reasonable accommodation policies are in compliance with the Fair Housing Act and Section 504 and that they process reasonable accommodation requests in a timely manner. Both HUD and USDA will monitor the Agreement.

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 July 2, 2024 HUD press release. 

HUD Charges Wisconsin Housing Provider with Discriminating Against a Tenant with Disabilities

The U.S. Department of Housing and Urban Development (HUD) on July 19, 2024 charged Tammy and Ramiro Estrada, the owner of a duplex in Appleton, Wisconsin, with violating the Fair Housing Act by refusing to grant a tenant with a disability a reasonable accommodation to allow the tenant to live with her assistance animals.

The Fair Housing Act prohibits discrimination because of disability, including the denial of reasonable accommodations. Individuals with disabilities have the right to reasonable accommodations when necessary for equal access to their home, including the use of assistance animals. Also, individuals are protected from coercion, intimidation, threats, or interference when they assert their fair housing rights or file a complaint with HUD.

HUD’s Charge alleges that the owners denied the tenant’s request by applying unlawful breed restrictions, fines, and fees to the request. They also interfered with the Complainant’s attempt to obtain a service dog and threatened them with eviction, eventually non-renewing their lease and citing the reasonable accommodation requests in the non-renewal notice. The tenants had to rent more expensive housing elsewhere.

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 an administrative law judge finds, after a hearing, that discrimination has occurred, the judge may award damages to the family for their losses because 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 family.

People who believe they are the victims of housing discrimination should contact HUD at (800) 669-9777 (voice) 800-927-9275 (TTY). Additional information is available at www.hud.gov/fairhousing. Housing providers and others can learn more about their responsibility to provide reasonable accommodations and reasonable modifications to individuals with disabilities here.

Read the July 19, 2024 HUD press release.

US Department of Justice Files Civil Rights Lawsuit Against Illinois Landlord for Sexually Harassing Tenants

 

The US Department of Justice (DOJ) filed a lawsuit on July 18, 2024 against Michael J. DeWitte, of Washington, Illinois, for sexually harassing female tenants and housing applicants in violation of the Fair Housing Act. The lawsuit, filed in the U.S. District Court for the Central District of Illinois, alleges that, since at least 2002, DeWitte harassed female tenants and applicants with unwelcome sexual harassment including sexual contact and comments about their physical appearances; offers to strip for female tenants; removing his pants while giving a tour to a female housing applicant; exposing his genitals to female tenants; asking female tenants on dates; requesting sex in exchange for reduced rent or other housing benefits; and evicting female tenants when they did not give in to his sexual advances. The lawsuit seeks monetary damages to compensate those harmed by the alleged harassment, civil penalties to vindicate the public interest, and a court order barring future discrimination.

Anyone who believes that they may have been victims of sexual harassment or other types of housing discrimination at rental properties owned or managed by Michael DeWitte, or who have other information that may be relevant to this case, may contact the Justice Department by calling the U.S. Attorney’s Office for the Central District of Illinois at 309-671-7019 or 833-591-0291, and emailing USAILC.Civil.Rights@usdoj.gov or FairHousing.USAILC@usdoj.gov.

The Justice Department’s Sexual Harassment in Housing Initiative is run by the Civil Rights Division, in coordination with U.S. Attorneys’ Offices. The initiative address es and raises awareness about sexual harassment by landlords, property managers, maintenance workers, loan officers, and others who have control over housing. Since beginning the initiative in 2017, the department has filed 44 lawsuits alleging sexual harassment in housing and recovered over $17 million for victims of such harassment. The Civil Rights Division is committed to protecting people from sexual misconduct.

Read the July 18, 2024 DOJ release. 

HUD Charges Wisconsin Housing Provider with Discriminating Against a Tenant with Disabilities

The U.S. Department of Housing and Urban Development (HUD) has charged Tammy and Ramiro Estrada, the owner of a duplex in Appleton, Wisconsin, with violating the Fair Housing Act by refusing to grant a tenant with a disability a reasonable accommodation to allow the tenant to live with her assistance animals.

Under the Fair Housing Act, individuals with disabilities have the right to reasonable accommodations when such accommodations are necessary to afford them equal access to their home, including the use of assistance animals. Individuals also are legally protected from coercion, intimidation, threats, or interference when they assert their fair housing rights or file a complaint with HUD.

HUD’s Charge alleges that the owners applied unlawful breed restrictions, fines, and fees to the the Complainant's accommodation request. Respondents also interfered with her attempt to obtain a service dog and threatened eviction, eventually non-renewing their lease. citing the reasonable accommodation requests in the non-renewal notice. As a result, the tenants were forced to rent more expensive housing elsewhere.

A U.S. 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 an administrative law judge finds, after a hearing, that discrimination has occurred, the judge may award damages to the family for their losses because of the discrimination. injunctive relief, 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 family.

People who believe they are the victims of housing discrimination should contact HUD at (800) 669-9777 (voice) 800-927-9275 (TTY). Additional information is available at www.hud.gov/fairhousing. Housing providers and others can learn more about their responsibility to provide reasonable accommodations and reasonable modifications to individuals with disabilities here. Materials and assistance are available for persons with limited English proficiency. Individuals who are deaf or hard of hearing may contact HUD using the Federal Relay Service at (800) 877-8339.

Read the July 19, 2024 HUD release.

Dr. Michael Eric Dyson to Speak at MCCR's August 24th Fair Housing Gala

 

CLICK HERE TO PURCHASE TICKETS  Maryland Commission on Civil Rights is proud to announce its  Biennial Civil Rights & Fair Housing Gala Celebration Keynote Speaker  Michael Eric Dyson "Celebrating Milestones: Pivotal Moments in History" Saturday, August 24, 2024 6:00 pm until 10:00 pm at the The Hall at Live! Casino 7002 Arundel Mills Circle #7777 Hanover, Maryland 21076 The Maryland Commission on Civil Rights is excited to announce that our Biennial Civil Rights & Fair Housing Gala Celebration will be held on August 24, 2024, from 6:00 pm to 10:00 pm at the Maryland Live! Hotel Ballroom in Hanover, Maryland. This year's theme is "Celebrating Milestones: Pivotal Moments in History." In recent years, state and local organizations have achieved crucial milestones through their diversity in leadership. The values of cultural diversity and inclusiveness involve respect for and acceptance of different philosophies and values. By incorporating different cultures, we can inspire innovations and excellence in our lives, workplaces, communities, and the world. We look forward to seeing everyone there! Ticket Prices & Sponsorship Opportunities  Victim of Discrimination? Training & Partnerships HOME      ABOUT MCCR      SERVICES      PUBLICATIONS      EVENTS      PRESS      CONTACT US

 

Court Finds City of Anaheim Violated the FHA when It Blocked Permits for a Transitional Housing Development.

 

The ruling rebuked the City of Anaheim, California for imposing different standards on a local nonprofit, Grandma's House of Hope, aimed at providing transitional housing for women with mental health disabilities who recently experienced homelessness, an act labeled by the court as discriminatory. Despite the city's insistence on a conditional use permit (CUP) for the nonprofit to house 16 women, the court sided with the state and the nonprofit in a decision that signaled an end to tolerating such exclusions

The California Department of Housing and Community Development brought the case in 2022, after Anaheim officials rejected an application from local service provider Grandma’s House of Hope to open a new 16-unit facility for homeless women suffering from abuse and mental health issues. Although the city’s staff experts had recommended the permits be approved, city planning commission members voted the proposal down following a public meeting where people from the surrounding neighborhood railed against Grandma’s House. This February, a court found in favor of Grandma’s House. The Orange County Superior Court’s decision to overrule Anaheim’s denial and allow Grandma’s House of Hope is celebrated as a significant victory for fair housing in California, signaling that discriminatory practices and NIMBY (Not In My Backyard) attitudes will not be tolerated. Governor Gavin Newsom emphasized the importance of transitional homes in addressing homelessness and appropriately warned that communities refusing to allow housing for all Californians will face consequences.

Its original plan was to host up to 21 women at an 8-bedroom house in a single-family neighborhood on West Street near Anaheim's downtown. They would receive therapy and other services from seven House of Hope staff members, several of whom would be on-call 24/7 to respond to emergencies. The plan would be to move these women into permanent housing within 18 months.

The next steps in the legal process are now anticipated, as discussions venture toward potential remedies beyond the court's order. 

Read the February 3, 2024 Hoodline article.

Maryland Biennial Civil Rights & Fair Housing Gala will be on August 24, 2024

 

CLICK HERE TO PURCHASE TICKETS  Maryland Commission on Civil Rights Biennial Civil Rights & Fair Housing Gala Celebration EARLY BIRD TICKET PRICE EXPIRES MAY 1ST "Celebrating Milestones: Pivotal Moments in History" Please Join Us To Celebrate Our Honorees! ​Governor Wes Moore Lt. Governor Aruna Miller Comptroller of Maryland - Brooke E. Lierman, Esq. Maryland Attorney General - Anthony G. Brown Superintendent MSP - Colonel Roland L. Butler, Jr., President and CEO of the National Fair Housing Alliance - Lisa Rice Saturday, August 24, 2024 6:00 pm until 10:00 pm at the The Hall at Live! Casino 7002 Arundel Mills Circle #7777 Hanover, Maryland 21076 The Maryland Commission on Civil Rights is excited to announce that our Biennial Civil Rights & Fair Housing Gala Celebration will be held on August 24, 2024, from 6:00 pm to 10:00 pm at the Maryland Live! Hotel Ballroom in Hanover, Maryland. This year's theme is "Celebrating Milestones: Pivotal Moments in History." In recent years, state and local organizations have achieved crucial milestones through their diversity in leadership. The values of cultural diversity and inclusiveness involve respect for and acceptance of different philosophies and values. By incorporating different cultures, we can inspire innovations and excellence in our lives, workplaces, communities, and the world. We look forward to seeing everyone there! Ticket Prices & Sponsorship Opportunities  Victim of Discrimination? Training & Partnerships HOME      ABOUT MCCR      SERVICES      PUBLICATIONS      EVENTS      PRESS      CONTACT US

 

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.

 

HUD Commemorates April as National Fair Housing Month

 

Adrianne Todman, Acting Secretary of the U.S. Department of Housing and Urban Development (HUD), released the following statement in commemoration of Fair Housing Month and the signing of the Fair Housing Act of 1968, which prohibits discrimination on the basis of race, color, national origin, religion, sex (including sexual orientation and gender identity), disability, and familial status. “For more than half a century, the federal government has sought to end discrimination in housing through enforcement of the Fair Housing Act. Under the Biden-Harris Administration, the Department of Housing and Urban Development takes its responsibilities under that law and other civil rights laws very seriously and works diligently to ensure people have full access to housing that meets their needs,” said HUD Acting Secretary Adrianne Todman. “Everyone in this country deserves to live free from discrimination, bias, and danger. This Fair Housing Month, we are recommitting ourselves to the important work of protecting individuals and families across America from harm.” This year’s Fair Housing Month theme, Fair Housing: The ‘Act’ in Action, underscores the Biden-Harris Administration’s commitment to combating discrimination in housing, protecting fair housing rights for all who call America home, and redressing our nation’s past discriminatory policies and practices. "This April, we reflect on the hard-fought battle for fair housing and recommit efforts to eliminate discrimination and disparities in housing across our country” said Demetria L. McCain, Principal Deputy Secretary for Fair Housing and Equal Opportunity. “This month and every month, HUD is taking meaningful action to advance housing justice and protect the rights of all people to live free from discrimination in the homes of their choice, regardless of their race, color, religion, national origin, sex (including sexual orientation or gender identity), disability, or familial status.” Each April, HUD recognizes Fair Housing Month alongside communities, fair housing advocates, and fair housing organizations to underscore the significance of the Fair Housing Act, raise public awareness of fair housing rights and responsibilities, highlight fair housing enforcement efforts, and emphasize the importance of creating diverse and inclusive communities. HUD will commemorate Fair Housing Month with an Opening Ceremony on April 11, 2024, at 2:00 P.M. (EDT), that will showcase HUD’s efforts to advance and protect fair housing rights to ensure that all people have the right to obtain the housing of their choice, free from discrimination. Register to attend the Fair Housing Month Opening Ceremony here. There is no cost to register. For a complete listing of HUD Fair Housing Month events and activities, visit: https://www.hud.gov/FHM. Follow the Office of Fair Housing and Equal Opportunity on Facebook for additional news and updates. 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). Housing discrimination complaints may also be filed by going to hud.gov/fairhousing. For additional information including educational materials for residents, housing providers and others, visit https://www.hud.gov/fairhousing.