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North airport exit to SR 436 (Semoran Blvd) and proceed north to SR 408 (E/W Expressway toll road) westbound. Exit SR 408 at Rosalind Avenue and proceed west (left) on South Street. Event signs will lead you to the stadium.
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On July 11, 2000, the United States filed an amicus curiae brief in support of plaintiffs in Cason v. Nissan Motor Acceptance Corporation (M.D. Tenn.). In this case, plaintiffs allege that defendants' practice of permitting Nissan dealers to set finance charges at their discretion resulted in African-Americans paying higher finance charges, and that these higher charges could not be explained by non-discriminatory factors. In our amicus brief in support of plaintiffs 'opposition to defendant's motion for summary judgment, we argue that a lender has a non-delegable duty to comply with ECOA, and, thus, is liable under ECOA for discriminatory pricing in loans that it approves and funds. The United States further argue that plaintiffs do not need to prove that defendant was on notice regarding the alleged discrimination, but that, in any case, plaintiffs have offered evidence that defendant was on notice. The court subsequently denied summary judgment for the defendants, and the case is currently on appeal regarding class certification.
On April 28, 2011, the United States filed a Statement of Interest in Congregation Etz Chaim v. City of Los Angeles (C.D. Cal.), in support of the Congregation's motion for summary judgment in this Religious Land Use and Institutionalized Persons Act (RLUIPA) suit. The statement of interest addresses the standard the court should apply in evaluating the Congregation's RLUIPA Section 2(b)(1) claim, and discusses certain criteria for determining whether a substantial burden exists under RLUIPA Section 2(a). On January 6, 2011, the court issued an order holding that the City's administrative zoning decisions did not preclude the congregation's RLUIPA claims in federal court. The United States had filed a statement of interest on November 1, 2010. In the order, the court quoted the United States' Statement of Interest extensively.
On March 31, 2016, the court entered an opinion and order on the parties' partial summary judgment motions in Equal Rights Center v. Equity Residential (D. Md.), an FHA design and construction case involving multiple properties in numerous states. On November 13, 2014, the United States filed a statement of interest in support of the Equal Rights Center's summary judgment motion. The brief argues that 1) violations of the HUD Fair Housing Amendments Act Guidelines establish a prima facie case that the Act's design and construction provisions have been violated, which may be overcome only by showing compliance with a comparable, objective accessibility standard; and 2) the failure to design and construct accessible multifamily housing is a discrete violation of the Fair Housing Act and does not require that an individual be denied housing based on disability. The court's opinion adopted the United States' argument that the plaintiff in a design-and-construction case may demonstrate liability by showing that the defendant did not follow the HUD FHA Guidelines, and that the defendant may overcome this showing only by demonstrating compliance with another, comparable accessibility standard. The court also rejected the defendants' argument that a more subjective standard for accessibility should control. Finally, the court agreed that demonstrating violations of the FHA's accessibility requirements did not require a showing that an actual buyer or renter was denied housing.
On February 28, 2003, the United States entered into a settlement agreement with F & K Management, Inc., d/b/a Hard Times Cafes and Santa Fe Cue Clubs, to resolve a complaint brought to the attention of the Division's National Origin Working Group (NOWG) by the Sikh Coalition, a national Sikh advocacy group. The Coalition reported that on September 23, 2001, a young Indian-American Sikh was told by a manager to remove his turban or leave at its Springfield, Virginia club. The Division's investigation revealed that F & K had promulgated and posted a policy in its clubs prohibiting head coverings with the exception of cowboy hats and baseball caps. Pursuant to the agreement, F & K rescinded its head covering policy and replaced it with a dress code approved by the United States, posted nondiscrimination signs at the five (5) establishments it owns and/or operates, agreed to place periodic nondiscrimination ads in the Washington Post and local and national Sikh and Muslim publications over a 3-year period, and arranged for periodic training of its owners and employees by Sikh and Islamic organizations over the three-year term of the agreement. In addition, F & K's owner wrote a formal letter of apology to the complainant and provided free dinner and pool playing privileges for use by him, his family and friends.
On June 28, 2000, the United States signed a settlement agreement with a real estate company settling our allegations that one of its former agents violated the Fair Housing Act on the basis of race by engaging in a pattern or practice of discrimination in the sale of a dwelling. The settlement agreement obligates the real estate company, First Boston Real Estate, to implement a non-discriminatory policy, which will be displayed in its offices and distributed to any persons who inquire about the availability of any properties, as well as to all agents. There are reporting requirements and the Metropolitan Fair Housing Council of Oklahoma City, Oklahoma will receive $3,000.00 in compensatory damages.
On April 1, 2013, the Division filed a statement of interest in Gomez v. Quicken Loans (C.D. Cal.), a case alleging that Quicken Loans discriminated against borrowers with disabilities by requiring that they provide a letter from a doctor as a condition of their loans. The statement of interest states that (1) Smith v. City of Jackson did not overrule, explicitly or implicitly, decades of Fair Housing Act disparate impact precedent, (2) disparate treatment claims do not require proof of ill intent, and (3) Equal Credit Opportunity Act claims do not require a denial of credit. The court dismissed the complaint and Mr. Gomez filed an appeal in the Ninth Circuit Court of Appeals. The Division filed an amicus brief in the Court of Appeals on January 16, 2014. The Ninth Circuit ruled on November 2, 2015, holding that plaintiff pled a disparate treatment claim by alleging that "disabled individuals like Gomez were subject to the presumption that their SSDI award letters were insufficient evidence of income and [were] asked to meet a higher standard of proof [of income] than other applicants." The case was remanded to the District Court.
On February 14, 2011, the United States Court of Appeals for the Fourth Circuit issued an opinion holding that the SCRA amendments providing an express private right of action for damages should apply to this case. On October 27, 2010, the Division participated in oral argument as amicus in Gordon v. Pete's Auto Service of Denbigh, Inc. (4th Cir.), supporting the servicemember's argument that there is a private right of action to enforce the provision of the SCRA that requires lienholders to get a court order before enforcing a lien on a servicemember's property. The court ordered supplemental briefing on whether amendments made to the SCRA on October 13, 2010, adding an explicit private right of action, are retroactive. On November 29, 2010, the Division filed a supplemental amicus arguing that the amendment providing an express private right of action for damages should apply retroactively in this case.
In this lawsuit against Capital City Mortgage Corp. and its president and Thomas Nash, private plaintiffs contend that the company targeted minorities for loans that were designed to fail, due to unfair payment terms and income levels of the borrowers that would not sustain the loan payments. In their complaint, the plaintiffs claim that Capital City's lending practices violated several federal laws, including the Fair Housing and the Equal Credit Opportunity Acts by engaging in a pattern or practice of targeting African American communities, a practice known as "reverse redlining," for abusive or predatory lending practices. The defendants filed a motion for summary judgment on the grounds that reverse redlining does not violate either law because they have provided credit to African Americans, and on the same terms that they would provide to whites. On March 23, 2000, the United States filed an amicus brief, which supported the view that lending practices designed to induce minorities into loans destined to fail could violate the fair lending laws. The brief argues that by targeting minorities for predatory loans, a lender discriminates in the terms and conditions of home financing, even if it makes all or most of its loans in minority areas. The fact that a lender does business only in minority neighborhoods does not shield its business from scrutiny under federal fair lending laws. In addition, racially targeted loans that are designed to fail make housing unavailable because of race since the borrowers are likely to lose their homes through foreclosure. The matter was settled and dismissed on March 27, 2002. The Federal Trade Commission has filed a separate action charging the same defendants with violating a number of federal consumer protection laws. FTC v. Capital City Mortgage Corp., No. 98-237 (JHG/AK) (D.D.C. filed Jan. 29, 1998). The matter was settled on March 14, 2005.
The United States signed a modification agreement with Pulte Home Corporation (Pulte) to supplement and amend a settlement agreement previously entered into with Pulte in July 1998. The 1998 settlement agreement resolved the United States' allegations that Pulte had failed to design and construct certain developments in Florida, Illinois, and Virginia to be accessible to persons with disabilities as required by the Fair Housing Act. The modification agreement covers three additional properties in Las Vegas, Nevada, and includes provisions requiring Pulte to annually notify current owners, for a period of three years, of their option to have Pulte retrofit their units at no expense to them in order to bring them in compliance with the Act, as well as to report to the United States the names and addresses of those persons who elect to have their units retrofitted.