Housing and Civil Enforcement Cases
United States v. Joel Nolen et al. (E.D. Cal.)
On April 6, 2023, the United States filed an amended complaint in United States v. Joel Nolen et at. (E.D. Cal.). The original complaint, which was filed on February 23, 2023, alleged that Joel Nolen discriminated on the basis of sex in violation of the Fair Housing Act (FHA) because he sexually harassed multiple female tenants since at least 2011. The original complaint also named as defendants Shirlee Nolen and Nolen Properties, LLC because they co-own or co-owned properties where harassment occurred at the relevant times. The amended complaint adds defendants Nancy Canale, as trustee of the Bernard Canale and Nancy Canale 1998 Revocable Trust, and Bernard Canale, by and through his successor in interest Nancy Canale, because they co-owned properties where harassment occurred at the relevant times.
United States v. MA Partners 2, et al. (N.D. Tex.)
On June 27, 2023 and August 10, 2023 the court entered consent orders in United States v. MA Partners 2, et al. (N.D. Tex.), a Fair Housing Act “election” case. The complaint, which was filed on February 22, 2023, alleged that the defendants discriminated on the basis of disability in violation of the Act by refusing to allow complainants, who received their SSI and SSDI payments around the third of every month, to pay their rent by the fifth of the month. The consent order entered on June 27, 2023 requires Defendants MA Partners 2, Brockbk JV LLC, Dallas Redevelopment Equities LLC, and Alden Short, Inc. to pay $10,000 in damages to the complainants, undergo fair housing training, adopt non-discrimination and reasonable accommodation policies, and submit periodic reports to the United States. The consent order entered on August 10, 2023 requires Defendant Sam Matalone to pay $1,000 in damages to the complainants and to undergo fair housing training. 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. Premiere Holdings, Inc. (D. Nev.)
On February 7, 2023, the court entered a consent order in this Fair Housing Act “election” case. The complaint, which was filed on February 2, 2023, alleged that the owners and managers of an apartment building in Las Vegas, Nevada violated the Act by refusing to grant a reasonable accommodation to a resident with an assistance animal (a pit bull), and by threatening to “enforce the terms of the lease” if the dog was present on the property. The complaint named Premiere Holdings, Inc.; Premiere Holdings Residential Division, LLC; Premiere Holdings Residential Division, LLC, Series LV; Lauri Villafane; and Felicia Abdo as defendants. The consent order requires the defendants to undergo fair housing training, adopt non-discrimination and reasonable accommodation policies, submit periodic reports to the United States, pay $35,000 to compensate the complainants, and vacate a small claims judgment against one 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. City of El Paso, Texas, et al. (W.D. Tex.)
On May 7, 2024, the Division filed a proposed consent order with United Road Towing, Inc., one of the three Defendants in United States v. City of El Paso, Texas, et al. (W.D. Tex.). The complaint, which was filed on February 2, 2023, alleges that the City of El Paso and its agents engaged in a pattern or practice of violating Section 3958 of the Servicemembers Civil Relief Act (SCRA) by auctioning off at least 176 vehicles owned by protected servicemembers without the required court orders. United Road Towing, Inc. d/b/a UR Vehicle Management Solutions and Rod Robertson Enterprises, Inc. are also named as defendants in the case. The consent order, which still must be approved by the court, requires United Row Towing, Inc. to develop policies and procedures that comply with Section 3958; provide SCRA compliance training to key employees; deposit $57,935 into a Settlement Fund to compensate affected servicemembers; and pay a civil penalty of $24,980. Litigation is continuing against the City of El Paso and Rod Robertson Enterprises, Inc.