Source: Maryland Commission on Civil Rights email, December 20, 2023. |
Wednesday, December 20, 2023
Free Implicit Bias Training on January 10th
HUD Charges Hawaii Condominium Association with Disability Discrimination
The U.S. Department of Housing and Urban Development (HUD) is charging individuals and entities associated with a Kailua-Kona, Hawaii, condominium complex, including the condominium association, employees of the condominium association, the property management company, an employee of the property management company, the condominium unit’s owners, and the owners’ real estate broker with discriminating against a resident because of disability. Read HUD’s Charge. HUD’s Charge of Discrimination alleges that the property’s condominium association and its employees, the property’s management company and its employees, and the condominium unit’s owners and their real estate agent, prevented the resident from using a temporary ramp to safely access his unit, from accessing a parking space that would allow him to load and unload his wheelchair, and from replacing a toilet at the resident’s own expense to allow him complete use of his unit. Because they failed to do so, the resident was often unable to access or use his unit and forced to sleep in his vehicle. Ultimately, their actions resulted in the resident’s decision to revoke his offer to purchase the unit and move out of the unit, which he was renting while the sale was in escrow. A U.S. 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, order injunctive relief and other equitable relief to deter further discrimination, and 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 resident. In related news, the Pacific ADA Center recently noted that the U. S. Department of Justice just settled with some Hawaii apartment builders over disability discrimination. The developer and others were accused of not designing and building five multifamily housing complexes with the required accessible features. The agreement requires the companies to pay a fine and make changes to their properties, such as adding ramps, accessible parking, and making apartments easier for people with disabilities to enter and use. Read more about the lawsuit that is making these rental properties accessible. |
Hate Bias Reporting Forum on January 31st
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Tuesday, December 19, 2023
Public Comment Period Extended for Proposal to Remove Criminal Conviction Restrictions for Fair Housing Testers
The U.S. Department of Housing and Urban Development (HUD) has extended the public comment date for its Notice of Proposed Rulemaking that would remove criminal conviction restrictions for fair housing testers by 9 days, to January 11, 2024. To do this, HUD has submitted a notice to the Federal Register, which can be found here.
This is part of the Biden administration’s government-wide initiative to give criminals a second chance. Besides making HUD programs as inclusive as possible for criminals, HUD says the proposed rule will ensure that it can “fully investigate criminal background screening policies that are potentially discriminatory under federal civil rights laws by using testers with actual criminal backgrounds.”
HUD published its Notice of Proposed Rulemaking in the Federal Register on October 31, 2023, and provided for a 60-day public comment period. The proposed rule aims to eliminate the agency’s restrictions on the use of fair housing testers with prior felony convictions or certain other convictions - such as prior felony, fraud, or perjury convictions - by nonprofit Fair Housing agencies. Fair housing testers provide invaluable support to HUD and HUD’s fair housing partners by taking part in housing transactions to screen for discrimination. The original announcement of the proposed rule can be found here.
HUD has received feedback from multiple interested persons requesting additional time to review the rule and provide comments. For example, Judicial Watch has summarized "Even those who agree with second chances may reasonably question if convicted felons should participate in federal investigations. " In response to these requests, HUD has extended the public comment period for 9 days, to January 11, 2024. HUD continues to invite all interested parties and members of the public to submit their views, comments, and recommendations for improvement in HUD’s Notice of Proposed Rulemaking.
Comments may be submitted electronically through https://www.regulations.gov/document/HUD-2023-0091-0001 or through the methods described in the proposed rule.
Read the December 7, 2023 HUD press release.
Read the November 6, 2023 Judicial Watch article.
Photo Credit: Photo by Tia Cunningham on Unsplash.
HUD Settlement Requires Oklahoma Landlord to Pay $300,000 to Discrimination Victims
The U.S. Department of Housing and Urban Development (HUD) has entered into a Voluntary Compliance Agreement-Conciliation Agreement (VCA-CA) that requires Cushing Housing Inc. to pay $300,000 to individuals, including former tenants, that were subjected to housing discrimination at Cushing’s property. Read the agreement.
The agreement stems from a complaint filed by tenants alleging Cushing Housing violated civil rights laws when it failed to address serious, racially motivated harassment that denied them the ability to peacefully enjoy their housing. The harassment was so severe that it left them fearful of leaving their apartment and took a substantial toll on their mental health. The VCA-CA resolves HUD’s October 26, 2022 Letter of Findings which found respondents discriminated against the tenants in violation of Title VI of the Civil Rights Act of 1964.
HUD’s investigation found that residents began harassing the complainants, a White mother and daughter, when the daughter began dating a Black man and was seen with this man at the property. HUD’s investigation found that complainants repeatedly notified Cushing Housing of this harassment, but that Cushing Housing failed to take any steps to address it. The pervasive harassment included calling the complainants racial slurs and threatening racially motivated violence. Despite being on notice of this harassment, Cushing failed to take prompt and effect steps reasonably calculated to end it, instead ultimately issuing a notice to vacate to both the complainant mother as well as the harassers, which HUD found to be unlawful retaliation against the mother for the reporting racial harassment.
In addition to the $300,000 payment to complainants and an aggrieved individual, the agreement requires Cushing Housing: (1) to establish an anti-harassment policy as well as a fair housing and civil rights compliance policy which must be made available to all tenants and include formal grievance procedures, and (2) to obtain fair housing and civil rights training for all officers, agents, and employees.
Thursday, December 14, 2023
National Apartment Management Company Entrata Agrees Not to Discriminate
A management firm that administers leases and tenant applications in Washington, D.C. and buildings across the country - including in Baltimore - has agreed in a settlement to evaluate its software and ensure none of its properties discriminate against renters who receive government housing subsidies. The settlement agreement, announced December 12th by the D.C. Office of the Attorney General (DCOAG), Brian L. Schwalb (D), resolves a lawsuit filed by the Equal Rights Center against the owners and managers of the Adams View Apartments, a Ward 3 apartment complex located in Cleveland Park, which offers studio, one- and two-bedroom apartments for rent.
The full settlement agreement is available here.
Low-income renters who receive government assistance are protected against discrimination in D.C. by several laws, including the District’s fair housing legislation. It is against the law to discrimination based on “source of income” for paying with government-backed vouchers rather than money from their own checking accounts.
Earlier in 2023, the ERC filed suit against the owners and managers of the Adams View Apartments (Adams Investment Group, Adams-Cathedral LLC, the Barkan Management Company, Broadhouse Management Group LLC, and Entrata, Inc.) alleging violations of the District’s Human Rights Act and Consumer Protection Act. The ERC alleged that the building and its operators systematically refused to accept voucher-holders as tenants. Defendants in the case have said that they did not use discriminatory practices and, according to the settlement agreement, agreed not to discriminate in the future against any prospective renters on any basis prohibited by federal or local law.
Lehi, Utah-based Entrata, according to its website, "Offer(s) a wide variety of online tools including websites, mobile apps, payments, lease signing, accounting, and resident management, Entrata® PaaS currently serves more than 20,000 apartment communities nationwide." It runs software that enables landlords and property managers to run more leasing processes digitally, and was formerly known as Property Solutions.
Under the settlement:
(1) Entrata agreed to review and change its practices in jurisdictions where source-of-income discrimination is prohibited - such as Maryland - and hard-encode in its internal operations and documents that housing vouchers are accepted at the properties it represents.
(2) The company further agreed to “undertake a review of the current” operating documents to “ensure that [in no] state that Housing Choice Vouchers, Section 8, or other housing vouchers are not accepted.”
(3) Undergo annual fair housing training for all staff involved in any aspect of the rental process, in addition to regular evaluations to verify ongoing compliance with DC law.
(4) The defendants also agreed to pay $235,000 to the ERC and the District “for restitution, damages, future training and compliance, attorney’s fees, and civil penalties,” the D.C. attorney general’s office said.
OAG’s civil rights work complements the work of the District’s Office of Human Rights (OHR), which is the primary District agency that investigates individual discrimination complaints. You can file a complaint with OHR at ohr.dc.gov/service/file-discrimination-complaint or call 202-727-4559.
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Supreme Court Disposes of Case That Could Have Reduced the Ability of “Testers” to Bring Lawsuits
The National Fair Housing Alliance (NFHA) has praised the Supreme Court disposal of a critical case about the ability of testers to determine compliance with civil rights laws. The case regarding a Maine hotel that could have made it harder for people with disabilities to learn in advance whether a hotel’s accommodations meet their needs. Hotels and other business interests had urged the justices to limit the ability of fair housing testers to file lawsuits against hotels that fail to disclose accessibility information on their websites and through other reservation services.
“The Supreme Court exhibited sound judicial prudence in disposing of the Acheson v. Laufer case on mootness grounds. The long-standing precedent allowing for civil rights ‘testers’ to uncover unlawful discrimination across a range of markets – housing, employment, credit, and technology – continues to serve an invaluable function in vindicating our nation’s civil rights laws. The Acheson case had carried significant implications for the ability of “testers” to bring lawsuits, potentially jeopardizing the essential work undertaken by advocates in the pursuit of fair housing and equitable opportunities. Because the potential detrimental effects of this case were so profound, NFHA filed an amicus brief with the Supreme Court, joined by 50 of our operating members, which are local fair housing enforcement agencies, and three fair housing testers.
The decision provides stability under long-standing Supreme Court jurisprudence to those working to advance fair housing initiatives.
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Read the December 5, 2023 NFHA release.
Read the December 5, 2023 Evansville Tristate Homepage article.
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