Housing and Civil Enforcement Cases
United States v. Tony’s Auto Center (S.D. Cal.)
On August 23, 2024, the United States filed a complaint in United States v. Tony’s Auto Center (S.D. Cal.). The complaint alleges that Tony’s Auto Center, a towing company in Chula Vista, California, violated the Servicemembers Civil Relief Act case by auctioning, without a court order, a vehicle belonging to a Navy Lieutenant while he was deployed at sea aboard an aircraft carrier.
Press Release - August 23, 2024
United States v. Kailua Village Condominium Association, et al. (D. Haw.)
On August 19, 2024, the United States Attorney’s Office for the District of Hawaii filed an “election” complaint in United States v. Kailua Village Condominium Association, et al. (D. Haw.). The complaint alleges that a homeowners association, board members, property managers, sellers, and selling agents of a unit at a condominium complex in Kailua-Kona, Hawaii violated discriminated on the basis of disability in violation of the Fair Housing Act (FHA) by refusing to sell a unit to a man with paraplegia, subjecting him to discriminatory terms and conditions, making discriminatory statements, refusing to make reasonable accommodations, refusing to permit reasonable modifications, and harassing him. Ron Zentner; Certified Management, Inc., dba Associa Hawaii; Benjamin Willoughby; Bruce Stern; Deborah Stern; Jacqueline J. Frame; and Kona Now LLC, dba Kona Now Realty; and Kona Now Hawaii Island Rentals are also named as defendants in the case. The case was referred to the Division after the U.S. Department of Housing and Urban Development (HUD) received a complaint, conducted an investigation, and issued a charge of discrimination.
United States v. Grapevine Housing Authority (N.D. Tex.)
On August 14, 2024, the United States filed a Fair Housing Act “election” complaint in United States v. Grapevine Housing Authority (N.D. Tex.). The complaint alleges that defendant discriminated against a tenant based on disability by denying requests for a reasonable accommodation, terminating his lease, and pursuing an eviction. The case was referred to the Division after the U.S. Department of Housing and Urban Development (“HUD”) received a complaint, conducted an investigation, and issued a charge of discrimination.
United States v Kevin Martin (S.D. Ohio)
On August 15, 2024, the United States filed a complaint and a proposed consent decree in United States v. Martin (S.D. Ohio). The complaint alleges that Kevin Martin, who owns and manages residential rental properties in and around Athens, Ohio, sexually harassed female tenants and housing applicants in violation of the Fair Housing Act from at least 2010 to 2020. The proposed consent order, which still must be approved by the court, requires Martin to pay $165,000 to former female tenants and applicants harmed by his harassment and pay a $5,000 civil penalty to the United States. It also bars Martin from managing residential rental properties, requires him to retain a property manager for properties he continues to own, and mandates training and the adoption of policies and procedures to prevent future discrimination.
Press Release (8/15/2024)
Gethsemani Baptist Church, an Arizona Nonprofit Corporation (D. Az.)
On July 29, 2024, the United States filed a Statement of Interest in Gethsemani Baptist Church v. City of San Luis (D. Az.), a private lawsuit brought under the Religious Land Use and Institutionalized Persons Act (RLUIPA). Gethsemani Baptist Church filed a complaint against the City of San Luis after the City effectively prohibited the continued operation of its Food Ministry on Church property without a conditional use permit and prohibited the Church from using semi-trucks to drop off food donations at the church, even though analogous nonreligious entities are not prohibited from using semi-trucks on their property. The complaint in the case alleges that the City substantially burdened the Church’s religious exercise by significantly reducing the number of persons that it can feed through its Food Ministry and that the City treats religious uses less favorably than nonreligious assemblies, in violation of RLUIPA’s equal terms provision. The City filed a Motion to Dismiss arguing that the church’s RLUIPA claims are not ripe for review because the Church did not apply for a conditional use permit and the City did not conduct an individualized assessment as required by RLUIPA. In its Statement of Interest, the United States explains that the RLUIPA claims are ready to be adjudicated because the City reached a final decision that inflicted considerable harm on the Church and that the City’s actions towards the Church and its application of its code to the Church satisfy RLUIPA’s individualized assessment requirement.
Press Release (7/30/2024)
United States v Michael J DeWitte (C. D. Ill.)
On July 18, 2024, the United States filed a complaint in United States v. DeWitte (C.D. Ill.) alleging that Michael DeWitte, a landlord in central Illinois, violated the Fair Housing Act by engaging in a pattern or practice of discrimination based on sex. Specifically, the complaint will allege that DeWitte has sexually harassed actual and prospective female tenants since at least 2002 by, among other things, offering to strip for female tenants, removing his pants while giving a tour to a female housing applicant, exposing his genitals to female tenants, requesting sex in exchange for reduced rent, and evicting female tenants when they did not give in to his sexual advances.
United States v Southwest Key Programs Inc. (W.D. Tex.)
On July 17, 2024, the United States filed a pattern or practice complaint in United States v. Southwest Key Programs, Inc. (W.D. Tex.). The complaint alleges that Southwest Key discriminated because of sex in violation of the Fair Housing Act by subjecting unaccompanied children residing in its shelters to severe and pervasive sexual harassment by employees. The complaint also alleges that Southwest Key failed to take sufficient action to prevent, detect, and respond to sexual abuse and sexual harassment to protect the children in its care. Southwest Key is a national non-profit that currently operates at least 29 shelters in Texas, Arizona, and California, and is the largest private care provider for unaccompanied children in the United States. Unaccompanied children are minors present in the United States without parents or other legal guardians and without lawful immigration status in the United States.
Individuals who believe that they may have been victims of sexual harassment or abuse at Southwest Key shelters or who have other information that may be relevant to this case, may contact the Justice Department’s housing discrimination tip line at 1-833-591-0291. For Spanish dial “2”; then dial “2” for sexual harassment cases; and dial “3” for the Southwest Key lawsuit mailbox. For English dial “1”; then dial “2” for sexual harassment cases; and dial “9” for the Southwest Key lawsuit mailbox. Individuals can also email the Justice Department at [email protected] or report through our online portal at civilrights.justice.gov/link/southwestkey.
Las personas que crean haber sido víctimas de acoso o abuso sexual en refugios de Southwest Key o que tienen otra información que puede ser relevante para este caso pueden comunicarse con la línea de consejos de discriminación de vivienda del Departamento de Justicia al 1-833-591-0291. Para español marque “2”; luego marque “2” para casos de acoso sexual; y marque “3” para el buzón de la demanda contra Southwest Key. Para inglés marque “1”; luego marque “2” para casos de acoso sexual; y marque “9” para el buzón de la demanda contra Southwest Key. También se puede enviar un correo electrónico al Departamento de Justicia a [email protected] o entregar un informe a través de nuestro portal en línea en civilrights.justice.gov/link/southwestkey.
United States v Dana Christian and Yellowstone Apartments, LLC
On August 9, 2024, the court entered a consent order in United States v. Yellowstone Apartments, LLC (D. Mont.). The complaint, which was filed on July 15, 2024, alleges that the owner and manager of two apartment buildings in Livingston, Montana violated the Fair Housing Act, 42 U.S.C. § 3617, by taking steps to evict the complainant after she complained that the property manager had behaved inappropriately with her daughter. The consent order requires the defendants to obtain fair housing training, adopt a nondiscrimination policy and complaint procedure, submit to reporting requirements, and have no contact with the complainant. The order also refers to a separate settlement and release between the complainant and defendants that includes a payment of $25,000 in damages to the complainant. The case was referred to the Division after the U.S. Department of Housing and Urban Development (HUD) received a complaint, conducted an investigation, and issued a charge of discrimination.
United States v. Town of Franklinton, Louisiana (E.D. La.)
On June 28, 2024, the court entered a consent decree in United States v. Town of Franklinton (E.D. La.). The complaint, which was filed on June 27, 2024, alleged that the Town of Franklinton discriminated on the basis of race in violation of the Fair Housing Act (FHA) when it obstructed, delayed, and denied zoning for a Low-Income Housing Tax Credit (LIHTC) housing development that would have disproportionately served Black residents and would have been built in a predominantly white neighborhood. The consent decree requires the Town of Franklinton to pay $205,000 in damages to developers and a $25,000 civil penalty to the United States, facilitate the development of new affordable housing to replace the units that the town previously blocked, amend its zoning ordinance and policies, and support the development of affordable housing by rezoning land to multi-family use and establishing a land donation program.
United States v. Toll Brothers, Inc. (S.D. N.Y.)
On June 18, 2024, the United States Attorney’s Office filed a complaint in United States v. Toll Brothers, Inc., et al. (S.D.N.Y.), alleging that several Toll Brothers-related entities and others violated the Fair Housing Act by failing to design and construct residential properties in New York and elsewhere with the required accessibility features. The case was referred to the Department after the Department of Housing and Urban Development received a complaint, conducted an investigation, and issued a charge of discrimination. On June 25, 2024, the court approved a consent decree between the United States and Defendant Lendlease Construction LMB Inc. The decree requires Lendlease not to discriminate in future design and construction, implement an educational program, and pay a $10,000 civil penalty. On July 28, 2024, the court approved a consent decree between the United States and Defendant GreenbergFarrow Architecture, Inc. The decree requires GreenbergFarrow not to discriminate in future design and construction, implement an educational program, and pay a $30,000 civil penalty.
United States v. Methuselah Tree, LLC, et al. (D. Me.)
On June 3, 2024, the United States filed an “election” complaint in United States v. Methuselah Tree, LLC, et al. (D. Me.) alleging that a property manager and maintenance worker discriminated on the basis of sex in violation of the Fair Housing Act. The complaint alleges that Robert Ross and Brian Bennett sexually harassed a female tenant at two properties where she lived. The complaint also names as defendants the owners and management company of the properties. The case was referred to the Division after the U.S. Department of Housing and Urban Development received a complaint, conducted an investigation, and issued a charge of discrimination.
United States v. City of Anoka, Minnesota (D. Minn)
On June 4, 2024, the court entered a consent decree in United States v. City of Anoka, Minnesota (D. Minn). The complaint, which was filed on May 21, 2024, alleged that defendant violated Title II of the Americans with Disabilities Act and the Fair Housing Act by enforcing its “crime free” housing ordinance in a manner that denies tenants with mental health disabilities an equal opportunity to benefit from emergency response services. The complaint alleged that calls related to medical emergencies could be flagged as a “nuisance,” and tenants with mental health disabilities and those associated with them were deterred from calling for emergency help and faced the threat of eviction, fines, or loss of the landlord’s rental license. The complaint further alleged defendant improperly disclosed confidential medical information to all landlords relating to calls for emergency services. The consent decree requires defendant to revise its program rules and enforcement practices; adopt non-discrimination policies and complaint procedures; notify landlords and tenants of changes to the program; designate an ADA compliance coordinator; train staff; and pay $175,000 to compensate harmed individuals. The complaint and consent decree follow a letter of findings that the United States issued on November 7, 2023.