March 2000 Newsletter
OWNERS, MANAGERS SUED FOR DISCRIMINATION
The U.S. attorney’s office filed a lawsuit against the owners and managers of a Fargo apartment complex, alleging that they discriminated against a couple due to the presence of their young son. The lawsuit was filed on December 15, 1999.
The lawsuit alleges that Keith and Lisa Stoutenberg were discriminated against by NCM Properties while they lived at the Billmeyer Apartment complex beginning in December, 1994 and continuing through July, 1995.
The Stoutenberg’s filed a federal fair housing complaint in July, 1995 with the U.S. Department of Housing & Urban Development (HUD) alleging: they were told that children were not allowed at Billmeyer Apartments and that their son would have to leave, that they were told their son could not play in hallways or on Billmeyer grounds, management falsely stated that neighbors had complained that their son was noisy, management falsely accused the Stoutenberg’s of causing the hallways and laundry room to be dirty, and that management raised the Stoutenberg’s rent because of their son’s presence in the apartment.
Federal and state fair housing laws prevent discrimination against individuals based on familial status or the presence of children.
Following the Stoutenberg’s filing their complaint with HUD, they alleged they were retaliated against and threatened with eviction.
HUD conducted an investigation of the complaint and issued a Determination of Reasonable Cause and a Charge of Discrimination stating that the respondents had violated the federal Fair Housing Act. Specifically, that defendants took actions to discriminate against the Stoutenbergs on the basis of familial status and retaliated against them for filing a complaint regarding such discrimination with HUD.
The lawsuit was filed when conciliation proved unsuccessful and one of the defendants elected to have the case heard in district court.
Also named in the lawsuit as defendants are: Powers Properties, Richard Jordahl, William Brandt, Terrace Management Company, Jesse Craig, and Velva Peterson.
NDFHC RELEASES DISCRIMINATION NUMBERS FOR 1999
The North Dakota Fair Housing Council (NDFHC) received 303 complaints of housing discrimination in 1999. The highest number of complaints alleged discrimination based upon the presence of children or in regards to disability related issues.
Following these protected classes, complaints alleging discrimination on national origin and status with respect to marriage ranked third and fourth in the number of complaints received.
Unfortunately, complaints alleging discrimination based upon familial status, gender, national origin, and status with respect to marriage, all increased in 1999.
In 1998, the North Dakota Fair Housing Council received 332 complaints of discrimination. The decrease in 1999 is due in large part to a drastic decrease in complaints alleging discriminatory advertising. This decrease came about as a result of an agreement between the NDFHC and the North Dakota Newspaper Association to eliminate discriminatory advertising.
CLINTON INCREASES HUD’S BUDGET
On February 7, 2000, President Clinton announced a proposal to increase the Department of Housing and Urban Development’s budget by $6 billion in Fiscal Year 2001 to $32.1 billion -- the strongest HUD budget in more than 20 years, with increases in every program area.
Included in this proposal is $50 million toward HUD’s Fair Housing budget. This budget is a 12% increase and will be used to step up the fight against housing discrimination.
In its press release, the Department stated that it wishes to continue building on its successes in promoting and enforcing fair housing by ensuring that no one in America is prevented, based on race or other illegal factors, from living wherever they choose.
U.S.
ATTORNEY SUES FARGO COMPLEX
On November 17, 1999, the U.S. attorney’s office filed a lawsuit against the owners and managers of a Fargo apartment complex, claiming they fired two caretakers for helping tenants file housing discrimination complaints.
According to the lawsuit, the Drinnins were hired in 1995 as caretakers at Windwood Estates, an apartment complex in Fargo. Their duties included maintenance and attending to the needs of building residents. They were provided full rental credit and a monthly fee for each apartment served as caretakers.
The Drinnins claim residents approached them on a number of occasions with complaints of discrimination and mistreatment by apartment management.
The Drinnins stated that they asked apartment managers how to handle the complaints, and were told by management that they could always get rid of tenants and that if tenants did not know their rights, it would help management.
In the lawsuit, the Drinnins said they began giving booklets on renter’s rights to residents who complained of discrimination.
The Drinnins also said they helped some residents prepare complaints with federal housing agencies. These residents filed complaints with the U.S. Department of Housing & Urban Development (HUD) alleging housing discrimination due to national origin and disability.
According to the lawsuit, the Drinnins were fired April 24, 1996 following management‘s notification of housing discrimination complaints which had been filed against them by tenants. However, the Drinnins letter of termination gave no reason for their firing. As a result, they were also dismissed from tenancy at Windwood Estates.
On or about April 29, 1996, the Drinnins filed a housing discrimination complaint with HUD alleging retaliation against them because they aided other persons in asserting their right to fair housing. The Drinnins allege that was the reason for their termination.
According to the lawsuit, HUD conducted and completed an investigation into the Drinnins complaint, attempted conciliation without success, and prepared a final investigative report as to the complaint. Reasonable cause was determined to exist that the Drinnins were terminated and evicted from Windwood Estates as retaliation for providing fair housing assistance to tenants at Windwood.
The defendants elected to have the charges heard in federal district court.
BM&H Partnership, Hegenes Apartment Management, Scott Ebsen, Scott Bombenger, and Torill Wasness are all named as defendants in the lawsuit.