December 1999 Newsletter
SUIT FILED AGAINST BISMARCK LANDLORD CHARGING DISCRIMINATION
The North Dakota Fair Housing Council (NDFHC) and two Bismarck residents filed a federal lawsuit on October 15, 1999 against Virgil Woeste, a Bismarck property manager, charging discriminatory housing practices.
Amy Schauer Nelson, Executive Director of the NDFHC stated, "It is shocking to hear how Mr. Woeste treated his tenants and the statements that he made to them."
Mr. Woeste manages the 40-unit Century Apartments complex whose ownership is listed as Woeste Creameries, Inc. Since 1995, the NDFHC has received 8 complaints of discrimination against the management of Century Apartments. On the basis of the complaints, the NDFHC conducted an investigation of Mr. Woeste’s business operations.
The investigation by the NDFHC confirmed the basis for the complaints. The complaint charges that Mr. Woeste routinely harasses female tenants. Mr. Woeste told one female tenant that "he wasn’t going to jump her yet." He told another female tenant that he bet she liked "long hard screws." Female tenants complained of references to them by Mr. Woeste as "his girls" and "baby." In addition, complaints were lodged about Mr. Woeste’s sexually explicit language, sexual references to female tenant’s bodies and other inappropriate comments/remarks.
The investigation also found that several female tenants complained about unannounced entries into their apartment while they were at home or away. Female tenants complained about Mr. Woeste entering their apartments while they were sleeping or in the shower to then discover Mr. Woeste when they came out. Female tenants were told they were not allowed to have chains on their doors because Mr. Woeste was to be able to enter their apartment at any time. One tenant was told to just be quiet and live with it.
"As we conducted our investigation, it became obvious that if you were a single female you were exposed to a side of Mr. Woeste that was not appropriate in his role as a landlord," explained Schauer Nelson. Two Bismarck residents who rented housing from Mr. Woeste are also part of the lawsuit.
The North Dakota Fair Housing Council is a North Dakota non-profit organization located in Bismarck. The NDFHC’s mission is to provide support, encouragement, and assistance to those seeking equal access to housing in the state of North Dakota. The NDFHC also investigates complaints of housing discrimination.
This case was filed simultaneously in federal District Court in Bismarck and with the U.S. Department of Housing and Urban Development, which enforces the FHA. The NDFHC and the individual plaintiffs are represented in the lawsuit by Marilyn Foss, a Bismarck lawyer, and by Christopher Brancart, a lawyer from Pescadero, California who specializes in fair housing litigation.
RECORD SETTLEMENT IN BISMARCK HOUSING DISCRIMINATION CASE
In November, 1999, the North Dakota Fair Housing Council (NDFHC) and six Bismarck residents reached a $125,000 settlement in a housing discrimination suit filed in federal district court. The lawsuit was brought in 1998 against John and Tillie Haider, Bismarck property owners, charging discriminatory housing practices based upon familial status, national origin, age, marital status and receipt of public assistance. The agreed settlement is believed to be the largest in a fair housing case in state history.
The terms of the consent order and settlement agreement provide that the plaintiffs will share $125,000 in damages, attorney fees and costs in bringing the lawsuit. Individual and NDFHC recoveries were based on the harm experienced and the number of individuals involved.
Amy Schauer Nelson, Executive Director of the NDFHC stated, "The North Dakota Fair Housing Council looks forward to working with Mr. Haider, as well as other housing providers, to eliminate discriminatory housing practices in our State. Unfortunately, we have found that educating housing providers is simply not enough. We must also take the steps to enforce the provisions of the Fair Housing Law for those who continue to discriminate."
On the basis of over 15 complaints of discrimination which were filed with the NDFHC, the NDFHC conducted an investigation in 1998 of Mr. Haider’s business operations. Mr. Haider owns apartments throughout Bismarck.
The federal law that governs housing discrimination is the Fair Housing Act (FHA), which was passed by Congress in 1968 and amended in 1988. The FHA forbids discrimination in the sale, rental or financing of housing on the basis of race, color, religion, national origin, gender, familial status (presence of children), or disability. The North Dakota Century Code on Human Rights forbids similar kinds of discrimination and also gives further protection to individuals on the basis of age, receipt of public assistance, and marital status.
The NDFHC and the individual plaintiffs were represented in the lawsuit by Calvin Rolfson, a Bismarck lawyer, and by Christopher Brancart, a lawyer from Pescadero, California who specializes in fair housing litigation.
NEW JERSEY LANDLORDS MUST ACCEPT SECTION 8
The New Jersey Supreme Court said in March that landlords cannot refuse to participate in the Section 8 program if one of their tenants becomes eligible for it. The court, in an unanimous decision, said Franklin Tower One, L.L.C., which owns an 18-unit housing development in West New York, must participate in the program and cannot take action against one of its tenants for non-payment of rent, the Associated Press reported.
The case involves a 65 year-old widow, who was not named, who tried to use her federal Section 8 voucher to pay for a portion of her rent. The landlord at the time, Sava Holding Corp., refused to participate, claiming participation in the program is voluntary and it did not want to get entangled in "bureaucracy." The landlord later filed a complaint against the tenant, claiming non-payment of rent. The property has since been sold to Franklin Tower One, which inherited the court action.
The Supreme Court said fear of red tape was no reason to refuse to accept housing vouchers. The court also noted that recent welfare reforms dedicated more money to the housing program to help people move from welfare to work. It said requiring landlords to accept these Section 8 vouchers "will facilitate those welfare reform efforts."
Because the case addressed an existing tenant, the court said it is not required to decide if a property owner who has never participated in the housing voucher program must accept new tenants receiving such assistance. However, the court noted that New Jersey law prohibiting discrimination based on a tenant’s source of income or the source of a tenant’s lawful rental payments "makes no distinction between existing tenants and prospective tenants."
—Taken from NHI Shelter Shorts.
—Editor: The State of North Dakota has protection for individuals based upon receipt of public assistance.