Housing and Civil Enforcement Cases
United States v. Evolve Bank & Trust (W.D. Tenn.)
On January 19, 2016, the United States filed a complaint alleging violations of the Fair Housing Act and the Equal Credit Opportunity Act, and a consent order in United States v. Evolve Bank & Trust (W.D. Tenn.). The complaint alleges that the bank engaged in a pattern or practice of discriminating on the basis of disability and receipt of public assistance by requiring mortgage loan applicants who had disability income to provide a letter from a doctor to show that their income would continue. The consent order provides for $86,000 to compensate 50 affected borrowers, requires the bank to issue new policies and train its employees, and includes standard injunctive relief. The court entered the consent order on Janurary 21, 2016.
United States v. Applewood of Cross Plains (W.D. Wis.)
On January 15, 2016, the United States Attorney’s Office filed a complaint and consent decree in United States v. Applewood of Cross Plains (W.D. Wis.), a Fair Housing Act election referral from HUD. The complaint alleges that the owners and property managers of a 15-unit apartment complex in Cross Plains, Wisconsin violated the Fair Housing Act by refusing to renew the complainant’s lease due to her disability (cerebral palsy) and her daughter’s disability (Down Syndrome), failing to stop disability-related harassment by other tenants and demanding that the complainant develop a “plan” to deal with her daughter’s disability-related behavior. The complaint includes a claim based on the denial of rights to a group of persons. Under the terms of the consent decree the defendants will pay the complainants $40,000 in damages, maintain non-discrimination housing policies, advertise that they are equal opportunity housing providers and attend fair housing training. The case was referred to the Division after the Department of Housing and Urban Development (HUD) received a complaint, conducted an investigation and issued a charge of discrimination. The court entered the consent decree on January 20, 2016.