Housing and Civil Enforcement Cases
United States v Michael J DeWitte (C. D. Ill.)
On July 18, 2024, the United States filed a complaint in United States v. DeWitte (C.D. Ill.) alleging that Michael DeWitte, a landlord in central Illinois, violated the Fair Housing Act by engaging in a pattern or practice of discrimination based on sex. Specifically, the complaint will allege that DeWitte has sexually harassed actual and prospective female tenants since at least 2002 by, among other things, offering to strip for female tenants, removing his pants while giving a tour to a female housing applicant, exposing his genitals to female tenants, requesting sex in exchange for reduced rent, and evicting female tenants when they did not give in to his sexual advances.
United States v Southwest Key Programs Inc. (W.D. Tex.)
On July 17, 2024, the United States filed a pattern or practice complaint in United States v. Southwest Key Programs, Inc. (W.D. Tex.). The complaint alleges that Southwest Key discriminated because of sex in violation of the Fair Housing Act by subjecting unaccompanied children residing in its shelters to severe and pervasive sexual harassment by employees. The complaint also alleges that Southwest Key failed to take sufficient action to prevent, detect, and respond to sexual abuse and sexual harassment to protect the children in its care. Southwest Key is a national non-profit that currently operates at least 29 shelters in Texas, Arizona, and California, and is the largest private care provider for unaccompanied children in the United States. Unaccompanied children are minors present in the United States without parents or other legal guardians and without lawful immigration status in the United States.
Individuals who believe that they may have been victims of sexual harassment or abuse at Southwest Key shelters or who have other information that may be relevant to this case, may contact the Justice Department’s housing discrimination tip line at 1-833-591-0291. For Spanish dial “2”; then dial “2” for sexual harassment cases; and dial “3” for the Southwest Key lawsuit mailbox. For English dial “1”; then dial “2” for sexual harassment cases; and dial “9” for the Southwest Key lawsuit mailbox. Individuals can also email the Justice Department at southwest.key@usdoj.gov or report through our online portal at civilrights.justice.gov/link/southwestkey.
Las personas que crean haber sido víctimas de acoso o abuso sexual en refugios de Southwest Key o que tienen otra información que puede ser relevante para este caso pueden comunicarse con la línea de consejos de discriminación de vivienda del Departamento de Justicia al 1-833-591-0291. Para español marque “2”; luego marque “2” para casos de acoso sexual; y marque “3” para el buzón de la demanda contra Southwest Key. Para inglés marque “1”; luego marque “2” para casos de acoso sexual; y marque “9” para el buzón de la demanda contra Southwest Key. También se puede enviar un correo electrónico al Departamento de Justicia a southwest.key@usdoj.gov o entregar un informe a través de nuestro portal en línea en civilrights.justice.gov/link/southwestkey.
United States v Dana Christian and Yellowstone Apartments, LLC
On August 9, 2024, the court entered a consent order in United States v. Yellowstone Apartments, LLC (D. Mont.). The complaint, which was filed on July 15, 2024, alleges that the owner and manager of two apartment buildings in Livingston, Montana violated the Fair Housing Act, 42 U.S.C. § 3617, by taking steps to evict the complainant after she complained that the property manager had behaved inappropriately with her daughter. The consent order requires the defendants to obtain fair housing training, adopt a nondiscrimination policy and complaint procedure, submit to reporting requirements, and have no contact with the complainant. The order also refers to a separate settlement and release between the complainant and defendants that includes a payment of $25,000 in damages to the 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. Town of Franklinton, Louisiana (E.D. La.)
On June 28, 2024, the court entered a consent decree in United States v. Town of Franklinton (E.D. La.). The complaint, which was filed on June 27, 2024, alleged that the Town of Franklinton discriminated on the basis of race in violation of the Fair Housing Act (FHA) when it obstructed, delayed, and denied zoning for a Low-Income Housing Tax Credit (LIHTC) housing development that would have disproportionately served Black residents and would have been built in a predominantly white neighborhood. The consent decree requires the Town of Franklinton to pay $205,000 in damages to developers and a $25,000 civil penalty to the United States, facilitate the development of new affordable housing to replace the units that the town previously blocked, amend its zoning ordinance and policies, and support the development of affordable housing by rezoning land to multi-family use and establishing a land donation program.
United States v. Toll Brothers, Inc. (S.D. N.Y.)
On June 18, 2024, the United States Attorney’s Office filed a complaint in United States v. Toll Brothers, Inc., et al. (S.D.N.Y.), alleging that several Toll Brothers-related entities and others violated the Fair Housing Act by failing to design and construct residential properties in New York and elsewhere with the required accessibility features. The case was referred to the Department after the Department of Housing and Urban Development received a complaint, conducted an investigation, and issued a charge of discrimination. On June 25, 2024, the court approved a consent decree between the United States and Defendant Lendlease Construction LMB Inc. The decree requires Lendlease not to discriminate in future design and construction, implement an educational program, and pay a $10,000 civil penalty. On July 28, 2024, the court approved a consent decree between the United States and Defendant GreenbergFarrow Architecture, Inc. The decree requires GreenbergFarrow not to discriminate in future design and construction, implement an educational program, and pay a $30,000 civil penalty.
United States v. Methuselah Tree, LLC, et al. (D. Me.)
On June 3, 2024, the United States filed an “election” complaint in United States v. Methuselah Tree, LLC, et al. (D. Me.) alleging that a property manager and maintenance worker discriminated on the basis of sex in violation of the Fair Housing Act. The complaint alleges that Robert Ross and Brian Bennett sexually harassed a female tenant at two properties where she lived. The complaint also names as defendants the owners and management company of the properties. The case was referred to the Division after the U.S. Department of Housing and Urban Development received a complaint, conducted an investigation, and issued a charge of discrimination.
United States v. City of Anoka, Minnesota (D. Minn)
On June 4, 2024, the court entered a consent decree in United States v. City of Anoka, Minnesota (D. Minn). The complaint, which was filed on May 21, 2024, alleged that defendant violated Title II of the Americans with Disabilities Act and the Fair Housing Act by enforcing its “crime free” housing ordinance in a manner that denies tenants with mental health disabilities an equal opportunity to benefit from emergency response services. The complaint alleged that calls related to medical emergencies could be flagged as a “nuisance,” and tenants with mental health disabilities and those associated with them were deterred from calling for emergency help and faced the threat of eviction, fines, or loss of the landlord’s rental license. The complaint further alleged defendant improperly disclosed confidential medical information to all landlords relating to calls for emergency services. The consent decree requires defendant to revise its program rules and enforcement practices; adopt non-discrimination policies and complaint procedures; notify landlords and tenants of changes to the program; designate an ADA compliance coordinator; train staff; and pay $175,000 to compensate harmed individuals. The complaint and consent decree follow a letter of findings that the United States issued on November 7, 2023.
United States v. Butters (D. Colo.)
On June 6, 2024, the court entered a consent order in United States v. Butters (D. Colo.). The complaint, which was filed on June 5, 2024, alleges that defendant property manager Kathryn Butters discriminated on the basis of sex in violation of the Fair Housing Act by sexually harassing a husband and wife and their two minor children. Butters Investments, LLC is also named as a defendant in the case. The consent order permanently enjoins Kathryn Butters from serving as a property manager and requires the defendants to pay $300,000 in monetary damages to the complainant family. 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 (6/10/2024)
United States v. East Hampton Housing Authority, et al. (E.D.N.Y.)
United States v. Hyundai Capital America (C.D. Cal.)
On May 8, 2024, the United States filed a complaint and a proposed consent order in United States v. Hyundai Capital America (C.D. Cal.). The complaint alleges that the defendant violated the Servicemembers Civil Relief Act (SCRA) by repossessing 26 motor vehicles leased or owned by SCRA-protected servicemembers without first obtaining the required court orders. The proposed consent order, which still must be approved by the court, requires the defendant to develop policies and procedures for motor vehicle possessions that comply with the SCRA; provide SCRA compliance training to key employees; pay $10,000 plus any lost equity and provide credit repair to affected servicemembers; and pay a civil penalty of $74,941.
Press Release 5/9/24
United States v. Leaf Property Investments, LLC (E.D. Wis.)
On May 2, 2024, the court entered a consent order in United States v. Leaf Property Investments, LLC (E.D. Wis.). The complaint, which was filed on September 9, 2022, alleged that Dennis Parker, the on-site manager of a 19-unit rooming house in Milwaukee, Wisconsin, violated the Fair Housing Act by harassing a male tenant because of the tenant’s sex, including the tenant’s sexual orientation, and because of the tenant’s disability. The complaint alleges that Defendant Parker engaged in verbal and virtual harassment, as well as one instance of punching the tenant in the groin and threatening to evict him in retaliation for reporting the harassment to the police. The complaint also named as defendants Leaf Property Investments, LLC and Sam Leaf (the “Leaf defendants”), who own the property where the harassment occurred. The case was referred to the Division after the U.S. Department of Housing and Urban Development (HUD) received a complaint from the complaint, conducted an investigation, and issued a charge of discrimination, and the tenant elected to have the matter litigated in federal court. The consent order requires defendants to pay the tenant $40,000 in damages, prohibits Dennis Parker from managing residential properties and from contacting the tenant, requires the Leaf defendants to adopt a nondiscrimination policy, and requires the Leaf defendants to undergo fair housing training.
United States v. Woodlands at Montgomery LP, et al. (S.D. Ga.)
On April 11, 2024, the United States filed an “election” complaint in United States v. Woodlands at Montgomery LP, et al. (S.D. Ga.) alleging that the owner and manager of an apartment complex in Savannah, Georgia violated 42 U.S.C. §§ 3604(f)(2) and (f)(3)(B) by failing to grant a disabled tenant’s request to transfer to a ground-floor unit and threatening her with an early lease termination fee. The complaint also names the local housing authority and a housing relocation service as defendants. 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.