Fair Housing / Lending News

Housing discrimination based on your race, color, national origin, religion, sex, family status, and disability is illegal by federal law. If you believe that you have been discriminated against in the process of trying to rent or buy a home or apartment, you may file a fair housing complaint. There are several ways to file a complaint. You can file an immediate complaint with the Department of Housing and Urban Development (“HUD”), the federal agency which has jurisdiction over matters of fair housing and lending. To file a complaint, you can call the HUD toll-free number, 1-800-669-9777. Or you can file your complaint by filling out their online form [http://www.hud.gov/offices/fheo/online-complaint.cfm]. Or you can send a complaint by mail. The HUD website contains the HUD complaint form, and you may wish to accompany your complaint form with a letter. A letter to HUD should including the following information: • Your name and address • The name and address of the person your compl...

In a rare, multi-million dollar settlement, the Code Enforcement Board (CEB) of The City of Treasure Island, agreed to pay the sum of 3.7 million dollars to Gulf Coast Recovery, and its proprietor, Matthew Schwarz in a settlement agreement after several unsuccessful attempts at litigation. A small city on Florida’s gulf coast, Treasure Island’s population of 7,500 doubles during the winter months; the warm climate and attractive coastal location a favorite of vacationers and “snowbirds” (a Floridian term for retirees from northern states). As a result, the City of Treasure Island’s zoning scheme has come up with unique ordinances to deal with the ebb and flow of its population throughout the year. The City created a limit on the number of times a “single family or two family dwelling” can change occupancy during a twelve month period in certain areas zoned for single-family dwellings, in order to keep vacationers and snowbirds from disrupting “the sense of community of its permanent r...

Some five years after Hurricane Katrina dissipated, its after effects continue to ring out in Louisiana. But the bell tolls louder for some, than others. The Road Home (TRH) program was designed by former Louisiana Governor Kathleen Blanco, whose mission is “to provide compensation to Louisiana homeowners affected by Hurricanes Katrina or Rita for the damage to their homes.” Claiming themselves to be “the largest single housing recovery program in U.S. history”, The program’s objective is “to provide compensation to Louisiana homeowners affected by Hurricanes Katrina or Rita for the damage to their homes.” TRH came about as a block grant program to assist in the recovery of the region ravaged by hurricane Katrina. These grants were placed in the State of Louisiana for designation. Approximately $11 billion was allocated for TRH, which was developed by the Louisiana Recovery Authority (LRA). The Department of Housing and Urban Development, or, HUD, also helped develop TRH. HUD is also t...

Marie Claire Tran-Leung disagrees. According to Tran-Leung, “Landlords and local housing authorities should stop using arrest records to screen tenants.” She states that doing so does “more harm than good.” Although it is illegal for landlords to discriminate based on race, color, religion, sex, national origin, disabilities, and other protected classes under the Federal Fair Housing Act, most states have also applied protection to other classes. For example, the State of Illinois prohibits discrimination based on ancestry, age, marital status, and sexual orientation. Discrimination against people with arrest records, however, is legal. But should it be? Tran-Leung claims that discrimination based on arrest records “give[s] people a false sense of security against crime, and they deprive disproportionately more racial minorities of needed rental housing for nothing more than an unproven accusation.” Read the full story here . Tran-Leung cites a recent decision by the Illinois Appellate...

George Willborn, popular comedian and radio personality, claims he was denied the purchase of a ahouse by a white couple, Daniel and Adrienne Sabbia, selling their chicago home because of his race. On August 10, 2010, the U.S. Department of Housing and Urban Development announced that the couple along with their real estate agent Jeffrey Lowe will be charged with violating fair housing law. The the Willborns state the couple demonstrated "strange behaviour" during the house tour, and are accused of postponing negotiations although the Wilborns made a $1.7 million offer, the highest the sellers had received during the two years the home was on the market. Further, the Sabbias allegedly took the property off the market to avoid selling to the Wilborns. The real estate agent Jeffrey Lowe told government officials that the Sabbias did not want to sell to African Americans. Wilborn filed the complaint in January, it was amended in March and July. The cases will be heard before an ...

Kagan’s questionable history protecting tenant’s rights: Supreme Court candidate Elena Kagan’s position on housing discrimination is unclear to some; however, a closer look into her past opinions may provide some insight. In a case brought by tenants in Chico, California, Kagan stood in clear support of the landlord who refused to rent to a couple because they were unmarried and because it went against the landlord’s beliefs. The Supreme Court decided in favor of the tenants, but Kagan recommended that the Clinton Administration urge the Court to decide in favor of the landlord. Although Kagan has attempted to distance herself from such decisions, it begs the question whether or not this ideological position may resurface. Kagan’s past position in favor of religious freedom over the rights of tenants, who stand to suffer housing discrimination due to such individuals “beliefs”, is worrisome. This position leaves a dangerous opportunity for other types of discrimination such as race, se...

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...