Fair Housing / Lending News

Petty v. Portofino Council of Co-Owners, Inc., 2010 U.S. Dist. LEXIS 22935 (March 12, 2010) The plaintiffs, Jeffrey, Cindy and Christopher Petty's charged defendants, the Portofino Council of Co-Owners, Inc., with violating the Fair Housing Act, along with violating state laws regulating defamation, libel, slander, negligent misrepresentation, breach of fiduciary duty, and intentional infliction of emotional distress. The Defendant responded to the claims by filing a motion to dismiss. The Pettys purchased a home in Corpus Christi, Texas and claim that they were harassed by the defendant in a variety of ways including the disconnection of their phone lines, which interfered with providing the proper care for their deaf son. Additionally, reasonable accommodations were denied the plaintiffs by limiting their ability to take the son’s service dog through the building so that the dog could relieve itself outside. The plaintiff not only claims that the defendant failed to make reasonab...

Marshall Fincher v. South Bend Heritage Foundation, 606 F.3d 331 (7th Cir. 2010) Fincher, tenant, sued the landlord after being denied Section 8 housing based on a prior eviction,claiming he was denied due process of law and suffered the effects of a breach of contract between the defendant and Housing and Urban Development Contract. The District Court a granted summary judgment to the defendant and the Appellate Court affirmed. The Plaintiff brought a complaint against both the South Bend Housing Authority and the South Bend Heritage Foundation. The case against the Housing Authority was remanded to the state courts because the eviction process involved in the claim against the state agency is inherently a state issue. In the complaint against SBHF the plaintiff stated that did not have the opportunity to exercise his due process rights and that he was a party to the contract between the landlord and HUD because he was the recipient of the benefit. The Appellate Court denied both clai...

In celebration of LGBT Pride Month the U.S. Depart of Housing and Urban Development (HUD) announced an update in policy which proposes new methods for addressing LGBT individuals faced with housing discrimination. The Fair Housing Act does not address housing discrimination based on sexual orientation specifically, nor does it cover gender identity-based discrimination. However, HUD Secretary Shaun Donovan suggest that these types of issues could be addressed using other protect groups, for example LGBT parties could claim gender discrimination or discrimination based on a perceived disability. The announcement by HUD regarding adding stronger policy, also encourages individuals to look at state laws and other local protections such as are enacted in approx. 20 states and a number of municipalities, which prohibit LGBT discrimination. HUD says local laws are not used in place of HUD but that they (local laws) can work in concert with the administrative efforts of HUD. Tenants can...

HUD Kicks Off Fair Housing Month Declaring 2010 a "Time to Act" In an April 1st press release, HUD highlighted its achievements from last year and proclaimed its continuing commitment to ensure Fair Housing for all in the year to come. “Discrimination based on how you look, the religion you practice, or because you have children or are disabled is illegal and unacceptable,” said John Trasviña, Assistant Secretary for Fair Housing and Equal Opportunity at HUD. “In the aftermath of Dr. Martin Luther King Jr.’s assassination in April 1968, President Johnson moved for passage of the Fair Housing Act to bring the nation forward and together. Since then, we have made progress but there remains work to be done. It is time to act.” ( Full Press Release Here ) Massachusetts AG Obtains Consent Judgment on Craigslist Advertisements The judgment resolves allegations that a landlord made discriminatory statements in rental advertisements posted on Craigslist for including the phrase ...

NFHA President Testifies Before House Judiciary Committee (Reading the full testimony is strongly recommended for anyone interested Fair Housing issues.) On March 11, Shanna Smith of the National Fair Housing Alliance (NHFA) testified before the House Judiciary Committee's Subcommitte on the Constitution, Civil Rights and Civil Liberties, with a presentation titled "Protecting the American Dream: A Look at the Fair Housing Act." The testimony emphasizes that in spite of our efforts, the nation still falls "dramatically short of reaching the actual goals of the Fair Housing Act" which is designed to "eliminate housing discrimination and to promote residential integration." "While people are working together in greater numbers than ever before--many go home each night to racially segregated neighborhoods." Shanna "explores the nature and extent of housing discrimination as it is manifested today, how enforcement action is moving ...

LGBT Developments National Gay and Lesbian Task Force calls on federal lawmakers to amend the FHA. Congressman Joe Sestak announced the submission of his Housing Non-Discrimination Act to amend the FHA so that it includes a prohibition on discrimination of LGBT persons. Congressmen Jerrold Nadler of NY and John Conyers of Michigan have also voiced their support of such a measure . AIG Settlement Subsidiaries of American International Group have agreed to settle over allegations of charging higher broker fees for subprime loans to African American borrowers for a total of $7.1 million. This marks the first case in which a lender has been charged for such fee discrimination. Bachelor Pad Advertisement violates FHA? The Miami Valley Fair Housing Center filed a discrimination suit against The Connor Group for posting a Craigslist advertisement that read: "a great bachelor pad for any single man looking to hook up." It is being alleged that the advertisement discriminates...

The U.S. Housing and Urban Development Department conducted a listening session on Thursday in an effort to gather input on how to design the first-ever national survey of LGBT housing discrimination. The session was hosted at Chicago's city hall and included over a dozen members of the gay community, fair housing advocates and government officials who shared their stories and perspectives on the issue. ( Full Washington Post article here ). One concern expressed the need for testers to "think of a way to make it clear that this is a gay couple and not just two men who really can't afford to do anything than get a single apartment with a single room," said John Knight of the ACLU. This marks one of the first steps by HUD to fulfill their promise made in October of assuring the LGBT community inclusion in HUD programs. ( Full Press Release Here ). In that press release HUD Secretary Shaun Donovan announced, "The evidence is clear that some are denied the oppo...