December 2001 Newsletter
RESPONDENTS
AGREE TO RETROFIT INACCESSIBLE PROPERTIES
BISMARCK,
ND, November 21, 2001 – The North Dakota Fair Housing Council (NDFHC)
and a Fargo resident have reached a settlement in a fair housing case
alleging inaccessible housing for people with disabilities.
In
1998, the NDFHC received a complaint alleging discrimination against
people with disabilities. An
investigation was conducted by the NDFHC and it was determined that
several housing properties did not meet accessibility requirements under
Federal and State Fair Housing Laws. Violations
included too narrow of doors, lack of accessible garages and common
entrances, inaccessible common areas, lack of curb cuts, and other items.
Complaints were then filed with the U.S. Department of Housing and
Urban Development and the North Dakota Department of Labor’s Human
Rights Division.
Properties
involved in the complaints were Lake Apartments and Prairie West
Apartments in Fargo and Washington Heights and Century East Apartments in
Bismarck. During settlement
negotiations, additional properties were added.
The properties added later were Calgory Apartments in Bismarck,
Prairie Park Apartments in West Fargo, Country Edge Apartments in Fargo
and East Park Apartments in Dilworth, MN.
Under
the terms of the enforcement agreement, respondents agree:
to make modifications to the properties to bring them into
compliance with accessibility requirements, to supply information on fair
housing laws as they apply to disabled tenants, and to affirmatively
advertise their accessible units to the disabled community.
Retrofitting will involve over 200 apartment units and their common
areas. The respondents admit
no liability in the enforcement agreement.
In
addition, respondents agree to make a donation to the Dakota Center for
Independent Living for the purpose of assisting disabled persons in
retrofitting existing housing and to compensate the disabled community for
lost housing during the time the properties are retrofitted.
Respondents also agree to compensate a Fargo resident for his
alleged damages from his inaccessible housing, compensate the NDFHC for
its investigative and related costs, and pay complainants’ attorney
fees.
FARGO
GROUPS INITIATE TENANT EDUCATION PROJECT
The Village Financial Resource Center, along with several community
partners, will be offering a training and certification program to those
who have been denied housing because of unfavorable rental, credit or
criminal history. At this
time, this program is only available in the Fargo-Moorhead area.
Attendance in the class will not guarantee that a prospective
tenant will find affordable rental housing, but it will allow the tenant
to recognize and address problems which would make them a more marketable
tenant.
The class is free to all participants with the cities of
Fargo-Moorhead and other financial partners funding the program so that
everyone who needs affordable rental housing, and is willing to be a
responsible tenant, has access to it.
Contact the Village in Fargo for additional information.
SETTLEMENT
REACHED IN FAMILIAL STATUS CASE
BISMARCK,
ND, October 9, 2001 – The North Dakota Fair Housing Council (NDFHC)
reached a settlement in a complaint alleging discriminatory housing
practices against families with children.
Beginning
in 1998, the NDFHC investigated complaints of housing discrimination
against Park West I and Park Circle Apartments in Fargo.
The investigation concluded that Park West I and Park Circle
Apartments were charging security deposits based upon the number of
children present in the home. As
a result, complaints were filed with the North Dakota Department of
Labor’s Human Rights Division alleging housing discrimination based upon
familial status. The complaint
alleged that this type of treatment violated Federal and State Fair
Housing Laws by imposing different terms and conditions upon families with
children.
The
terms of the enforcement agreement provide that the respondents will:
remove all rates which are subject to the number of occupants
and/or children present and establish a set rate based upon the size of
the unit, develop a nondiscrimination policy and provide a copy to all
employees and agents, distribute to all tenants information on fair
housing, reimburse the NDFHC for its investigative costs and attend a fair
housing training. The
respondents admit no liability.
BISMARCK, ND, November 26, 2001 – The North Dakota Fair Housing
Council (NDFHC) and the Rolette County Housing Authority (RCHA) have
mutually agreed to resolve a complaint of discrimination filed by the
NDFHC through a conciliation agreement with the Fair Housing Office of the
Department of Housing and Urban Development.
The RCHA denies having discriminated against any persons.
In the conciliation agreement, the RCHA agrees to revise and follow
their written policy of nondiscrimination, advertise in a
nondiscriminatory manner, attend a fair housing training, and supply fair
housing rights booklets to all current tenants and all applicants who
submit completed applications. The
conciliation agreement includes a provision wherein the NDFHC will be
reimbursed for its investigation costs.
On
January 21, 2002, at the University of Mary in Bismarck a conference will
be held on “Embra-cing A More Diverse North Dakota.”
SETTLEMENT
REACHED IN FAIR HOUSING LAWSUIT
BISMARCK,
ND, September 25, 2001 – The North Dakota Fair Housing Council (NDFHC)
and two Bismarck families have reached a $42,000 settlement in a lawsuit
alleging discriminatory housing practices against families with children.
Prior
to the lawsuit, the NDFHC received complaints of discrimination based upon
familial status against Kelvin Moldenhauer who owns the 77 unit K&L
Apartments in Bismarck. On the
basis of the complaints and complaints the NDFHC had received previously,
the NDFHC conducted an investigation of Mr. Moldenhauer’s business
operations.
The
investigation by the NDFHC confirmed the basis for the complaints.
As a result, complaints were filed with the U.S. Department of
Housing & Urban Development (HUD) alleging housing discrimination
based upon familial status. The
complaints charged that Mr. Moldenhauer denied or refused to negotiate
rental housing with families with children, made statements with respect
to the rental of housing which indicated a preference against familial
status, represented to families with children that dwellings were not
available when in fact they were, and interfered with the exercise or
enjoyment of rights of families with children under the Federal Fair
Housing Act. HUD conducted its
own investigation and issued a charge of discrimination against Mr.
Moldenhauer on September 15, 2000. Mr.
Moldenhauer requested the case be heard in District Court and complaints
were filed.
The
terms of the consent order and settlement agreement provide that the
plaintiffs will share $42,000 in damages, attorney fees and costs in
bringing the lawsuit. Individual
and NDFHC recoveries were based on the harm experienced.
Mr. Moldenhauer admits no liability in the consent decree.
Amy Schauer Nelson, Executive Director of the NDFHC stated, “The
North Dakota Fair Housing Council looks forward to working with Mr.
Moldenhauer, as well as other housing providers in North Dakota, to
eliminate housing discrimination.”
The
NDFHC and the individual plaintiffs were represented in the lawsuit by the
U.S. Department of Justice and by Christopher Brancart, a lawyer from
Pescadero, California who specializes in fair housing litigation.
A copy of the consent decree is available by request from the NDFHC.