Fair Housing Discrimination Cases in the News
Our experience with tenant-landlord cases and other housing-related civil litigation has made the McClain Bespoke Legal Solutions team passionate about fair housing. While Texas law has protections against fair housing discrimination, we have still seen injustices in large metropolitan areas like Houston, Austin, Dallas, and San Antonio.
So what does fair housing discrimination look like? Believe it or not, there are many fair housing discrimination cases in the news. Many such cases display glaring injustices that blatantly violate the Fair Housing Act, while others are nuanced, and require a lawyer's guidance or mediation to achieve a fair outcome.
Here are several fair housing discrimination cases in recent news...
1. A Legal Showdown Over Section 8 Discrimination Is Brewing in Dallas Suburb
The HOA board of suburban Dallas community, Providence Village, has come under fire for banning renters who used federal housing choice vouchers. The dispute has become a high-stakes civil rights battle over fair housing and racial discrimination.
Situations like this are unfortunately common in Texas, particularly from homeowner's associations. Though state and federal law protects tenants from discrimination based on sex or race (for example), it does not forbid property owners from turning away tenants who participate in the rental assistance program known as Section 8. In this case, however, Providence Village residents and landlords are pushing back. Ninety percent of the Villages' 150 Section 8 properties are being rented to Black residents, which would make the HOA's actions disproportionately impact Black families.
The residents and landlords who are suing Providence Village point out that the racial implications of the Section 8 rejections could be in violation of federal housing protections.
Landlords with properties in Providence Village are also negatively impacted. Matthew Berke, a landlord who owns 21 homes in the community, says he will have to sell all of them if the HOA’s rule isn’t reversed. His company, High Opportunity Neighborhood Partners, exclusively provides housing for voucher holders, who he says are ideal tenants.
The outcome of the case could have significant implications for the treatment of voucher holders under the Fair Housing Act of 1968. With such an undeniable connection between race and the impact of voucher rejection, it's possible that Section 8 could become a protected category.
2. Jury awards damages against Springfield in 2016 unfair housing case.
(Source: The State-Journal Register)
Though it took a full five years, justice is finally served for the residents of a group home for people with developmental disabilities. In this fair housing discrimination case, the city of Springfield jettisoned several residents of a single-family home out of their residence because of a zoning violation. The issue was that the residents were individuals with developmental disabilities, and Springfield's actions were ultimately in violation of the Fair Housing Act.
In 2020, a federal judge agreed that the city of Springfield had violated the Fair Housing Act by enforcing spacing ordinance against the group home. The jury awarded nearly $300,000 in compensatory damages, though one of the residents passed away before ever receiving the compensation.
U.S. attorney Joshua I. Grant of the Central District of Illinois commented that “persons with disabilities should have the same housing choices as all members of our community." The court decision sought to preserve the dignity and well-being of individuals with developmental disabilities, and though it was long in coming, it was good to see the positive outcome for the residents, families, and guardians affected.
3. Suit settled over scheme targeting Hispanic homeowners
After an arduous legal battle spanning over eight years, several Hispanic homeowners have received justice in their claim against a Florida law firm. The law firm used a predatory mortgage modification and foreclosure scheme, costing numerous Hispanic families significant sums of money, and in some cases their homes (to foreclosure). The federal government ultimately sued after investigating the case and finding the law firm in violation of the Fair Housing Act.
The basis of this fair housing discrimination case stems from the obvious targeting of homeowners with limited English proficiency (LEP). Though the law firm initially advertised through Spanish-language media, it made false promises and provided documents in English that a LEP individual may not fully understand.
The victims won a settlement of $4.6 million, but will unfortunately only ever see about $95,000 in compensation.
Fair Housing Discrimination Cases Are More Common Than You Think!
Opportunistic lenders and housing providers are nothing new. And while the Fair Housing Act provides a handful of helpful protections, there are many cases that never receive justice.
If you or someone you love has experienced fair housing discrimination, don't hesitate to seek help. Perpetrators can be skilled at convincing victims that they don't have a case; often this is untrue!
Get in touch with us today, and let us assist you in reaching a fair outcome.
