Housing and Civil Enforcement Cases
Group Home on Gibson Island LLC v. Gibson Island Corporation (D. Md.)
On November 23, 2022, the United States filed a Statement of Interest in Group Home on Gibson Island LLC v. Gibson Island Corporation (D. Md.), a case brought under the Fair Housing Act (FHA). The complaint in the case alleges, among other things, that a private homeowners’ association discriminated on the basis of disability when it refused to allow a small assisted living home for seniors with disabilities to operate unless it complied with certain conditions. Both sides moved for summary judgment on this claim. In its Statement of Interest, the United States addresses the correct legal standard for the Court to apply when determining whether subjecting the home to these conditions would have afforded persons with disabilities an “equal opportunity to use and enjoy a dwelling” under the FHA.
United States v. Hannah, et al. (W.D. Mo.)
On August 8, 2023, the court entered a consent order in United States v. Hannah, et al. (W.D. Mo.). The complaint, which was filed on November 21, 2022, alleges that the defendants discriminated on the basis of disability in violation of the Fair Housing Act (FHA) by refusing to allow the complainant to live with her assistance animal. La Maison Investment, LLC is also named as a defendant in the case. The consent order requires the defendants to pay the complaint $5,000, vacate her eviction judgment, provide her with a favorable reference letter, adopt a reasonable accommodation policy, attend fair housing training, and read multiple guidance documents issued by HUD and DOJ. 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.
Press Release - 9/6/2023
Adam Community Center v. City of Troy (E.D. Mich.)
On November 15, 2022, the United States filed a statement of interest related to damages briefing in Adam Community Center v. City of Troy, Michigan, et al (E.D. Mich.), the private companion case to United States v. City of Troy, Michigan (E.D. Mich.). The statement of interest explains that damages may be available to private litigants pursuing land use claims against municipal defendants under the Religious Land Use and Institutionalized Persons Act of 2000 (“RLUIPA”). The damages briefing followed the Court’s orders in both lawsuits finding that Troy violated RLUIPA by (1) imposing an unjustified substantial burden on Adam Community Center’s exercise of religion in its effort to operate a mosque and (2) requiring places of worship to abide by more onerous zoning restrictions than places of nonreligious assembly.
United States v. Madison Property L.L.C., et al (D. Minn.)
On November 4, 2022, the United States Attorney’s Office filed an “election” complaint in United States v. Madison Property L.L.C., et al (D. Minn.). The complaint alleges that the defendants discriminated on the basis of disability in violation of the Fair Housing Act (FHA) by refusing to grant a reasonable accommodation to allow the complainant to rent a unit with her emotional assistance cat. Andrew Brenner is also named as a defendant 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.