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. 

Police investigate antisemitic graffiti found at Bethesda school

Montgomery County police are investigating antisemitic graffiti discovered at Bethesda Elementary School on August 11th. The school’s marquee sign was defaced with a statement: “Israel rapes men, women and children,” in red spray paint. The nearby crosswalk and sidewalk also were painted with similar statements and “Free Gaza,” as was a nearby building in the 4900 block of Del Ray Avenue. Authorities were investigating the incident as a bias-related crime.

Several families with young children saw the graffiti while going to the market located there on Sundays, said Guila Franklin Siegel, associate director of the Jewish Community Relations Council of Greater Washington. Siegel said the farmers market is owned by a Jewish person and located in a neighborhood with several synagogues nearby. A few families with young children, and the Bethesda Urban Partnership helped to clean up the vandalism.

Thomas Taylor, superintendent of Montgomery County Public Schools, called the incident horrifying, adding that he was grateful for the volunteers who cleaned up the vandalism. He said that the school district is partnering with organizations to train staff on how to address hate and bias in the classroom, which he said “will ultimately have a ripple effect in the community and spread to our community.”

Read the August 12, 2024 Washington Post article.

Anne Arundel County Launches New Housing Resources Portal

Anne Arundel County Executive Steuart Pittman, the Office of Equity and Human Rights (OEHR), and Arundel Community Development Services, Inc. (ACDS) recently launched a new online housing portal that serves as a one-stop hub for users to get access to needed housing-related resources and information. 

It includes detailed and helpful information and links regarding:

• Financial Assistance.

• Health & Safety Conditions.

• Educational & Legal Resources.

• Homeowners & Homebuyers.

• Renters.

• Temporary & Permanent Housing.

• Emergency Assistance.

Go to the Anne Arundel Housing Portal.

The new portal serves as a hub for resources offered by government, local partners, and private community-based organizations, providing a very broad range of housing-related resources. Prospective homebuyers, veterans, real estate agents, renters, older adults, and organizations that support individuals with housing-related needs can all find helpful resources.

The State of Maryland, Baltimore City, and the other counties in our metro also have similar online housing-related resource portals:

Baltimore City has a great Housing Resource Guide that has a wealth of information and links to various housing and housing-related resources in the City. Go to the City's online Housing Resource Guide.

Baltimore County has a Supportive Housing Programs portal that has information and links to available housing-related resources. Go to the Baltimore County housing portal.

Harford County Department of Housing and Community Development has an online portal with helpful housing and related information and links. Go to the Harford County housing portal.

Carroll County has an online Resources portal with links and information about various resources available in the area. Go to the Carroll County Resources portal.

The State of Maryland also has a housing portal that contains very helpful information and links to needed resources. Go to the Maryland Housing Resources Portal.

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 Read the June 6, 2024 Anne Arundel County release.

KeyBank Criticized by Advocates for Not Improving Performance in Cleveland's Low-Moderate Neighborhoods

Cleveland-based KeyBank - which mortgage lends in Baltimore - has criticized for years that it has systematically failed minority residents in its own hometown. In November, 2023, the National Community Reinvestment Coalition released a critical report on the bank for "betraying" Black applicants in search of home loans. In 2022, the report found, just 2.6% of KeyBank's Cleveland lending went to Black borrowers, down from 3% the year prior.

While KeyBank denied the report's findings and cited recent improvements, Cleveland City Councilman Richard Starr, whose Ward 5 has had decades of disinvestment, criticized the bank. Starr describes his ward as “a low moderate neighborhood” that is diverse. The median household income is around $13,000. He agreed with the report's stance that KeyBank did not meet the criteria of what was supposed to be a promise to promote and work towards social and racial equity for Black and low-income homebuyers.

In 2016, KeyBank made a $16.5 billion dollar community benefits agreement, with a goal to invest $5 billion in lending to Black and low-income neighborhoods, but reports show it failed to do this. Starr also said "...they have shown that they have redlined in the neighborhoods that majority African Americans live in, and that is no way to call yourself a key player in the community.”

KeyBank denies Starr’s claims, saying that it has acted to increase Black and minority lending in Cleveland. “Nationally, our percentage of applications from Black borrowers has grown from 2.6% in FY20 to 7.6% YTD 2024,” according to KeyBank, adding that Black borrowers in Cleveland grew from 5.7% to 27% since 2020, and that the bank has hired a Community Lending team to create support for underserved communities in Cleveland and launched the Neighbors First Credit program in 2023, providing more than $200,000 in credits to homebuyers, and has helped 41 clients in the Cleveland metro.

Starr says the Black community has not seen the results of any of KeyBank’s investments: “Despite being headquartered in Cleveland, KeyBank has not made significant investments in our major underserved neighborhoods, leaving many areas in economic stagnation.” Starr says KeyBank’s performance under the Community Reinvestment Act (CRA) has been “unsatisfactory,” and they have not met the credit needs of low- and moderate-income neighborhoods.

He calls on KeyBank to improve their efforts and create real investments for Cleveland’s underserved communities. He asks how the bank has supported financial literacy, provide transparency in how much it has reinvested in Cleveland's poor neighborhoods recently, better support affordable housing projects, improve supplier diversity, and make more firm commitments.

Read the July 26, 2024 Cleveland Scene article.

Senator Clarence K. Lam to Receive DRM's Public Policy Leadership Award

 

Disability Rights Maryland (DRM) will present its Public Policy Leadership Awards to Senator Dr. Clarence K. Lam, MD, MPH, FACPM, who represents Howard and Anne Arundel Counties in the General Assembly, at DRM’s 2024 Breaking Barriers Awards Gala. The gala will be held on Thursday, September 26, at the American Visionary Art Museum in Baltimore, Maryland. To register for DRM’s Gala, go to DisabilityRightsMD.org/Breaking-Barriers-Gala.

DRM’s Public Policy Leadership Award recognizes individuals who have shown outstanding dedication and creativity in shaping and advancing legislation that helps create a more inclusive and just world for people with disabilities.According to DRM: "Senator Lam showed people with disabilities that he is a true ally. His integrity, courage, and commitment to justice exemplifies the essence of this award."

Senator Lam was a strong advocate for people with disabilities during the 2024 legislative session. He spearheaded critical anti-discrimination bills and educated the Senate Finance Committee on the need to focus on disability rights in the policy making process. He also sponsored the Self-Directed Mental Health Care bill and opposed assisted outpatient treatment.  

Lam serves on the General Assembly's Senate Finance Committee and the Executive Nominations Committee. He chairs the Howard County Delegation, the Joint Committee on Audits and Evaluations, and the Joint Committee on Fair Practices and State Personnel Oversight. He is also a member of the Anne Arundel County Delegation and is the chair emeritus of the Asian American & Pacific Islander Legislative Caucus. He is currently the only physician and the only Asian American legislator in the Senate of Maryland. In October 2023, Senate President Ferguson appointed him to become the first Asian American chair or vice chair of a Senate committee. He previously served in the Maryland General Assembly as a state delegate from 2015-2019. Lam also serves on the faculty of the Johns Hopkins Bloomberg School of Public Health as an assistant professor in the Department of Health Policy and Management. He leads the school’s preventive medicine residency program as its program director and practices clinically as the medical director of occupational medicine at the Johns Hopkins Applied Physics Laboratory. He is board certified in preventive medicine and occupational medicine. 

Read the July 30, 2024 DRM announcement.

 

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At 34th Anniversary of the ADA, Advocates Cite Some Progress for People with Disabilities

The ADA - signed into law on July 26, 1990 - was a significant achievement, guaranteeing civil rights protections to people with physical, mental, and emotional disabilities. For example, parking lots now have the familiar blue-and-white signs designating accessible parking spaces and where curbs and sidewalks have cuts and ramps to accommodate those in wheelchairs or with other mobility issues. Most new buildings are now designed with ADA-compliant doors and elevators and hallways and bathrooms. There are also required accommodations in classrooms and public spaces, nondiscrimination in employment, and more accessible housing.

On many metrics of ADA compliance, Maryland stands above other states. The law, which guarantees equal access for people with disabilities, has lived up to its promise in many ways in the state. Over 1.1 million adults in Maryland had a disability of some kind - almost 25% of Marylanders in 2022, according to the Centers for Disease Control and Prevention (CDC). Some 16% had disabilities in 2021.

Maryland's major remaining disability-related problems are in the delivery of needed services. Advocates for people with disabilities believe that there has definitely been progress since the ADA's passage, but see the need for some  improvements. The executive director of the Arc Maryland said acceptance of people with disabilities has increased and the negative stigma has declined, but not consistently. She believes that Maryland “has a reputation of treating people with respect and having services” to help people with disabilities, factors that draw families to the state. A Disability Rights Maryland spokesperson said “It’s possible that more people are comfortable with acknowledging or self-identifying as a person with a disability.”

Maryland was third best for its health care among the 50 states and Washington, D.C., and eighth best overall for someone with a disability in the April 2024 report from Policygenius, an insurance broker organization, which rated the best states for living with a disability. With major medical centers in the region, such as the Kennedy Krieger Institute in Baltimore, Maryland has become a destination. Maryland also is a leader in equal pay for people with disabilities, after the General Assembly in 2016 phased out 14(c) certificates, which let employers to pay subminimum wage to people with disabilities. As of 2020, employers must pay the same minimum wage to workers with disabilities and those without.

Maryland Governor Wes Moore (D) recently signed an executive order requiring state agencies to use “plain language,” in documents and on websites. This will especially benefit persons with disabilities, who sometimes have trouble accessing state websites to receive available support and services. The transition to plain language on all state documents and sites probably will not happen until early 2025, according to Information Technology Secretary Katie Savage.

Maryland has other problems that face people with disabilities. In 2023, the U.S. Attorney’s Office notified the Maryland Transit Administration that its paratransit service - MobilityLink - was not in compliance with ADA protections. The major issue is long delays for service.

Also, people with disabilities are “still an underserved population” because there are waitlists to receive services and administrative turnaround time for services, as well as many restrictions and limitations that mean years of waiting to access services.

Read the July 26, 2024 Maryland Matters article.