September 2001 Newsletter
SETTLEMENT
REACHED IN FAIR HOUSING LAWSUIT
BISMARCK, ND, June 27, 2001 – The North Dakota Fair Housing Council (NDFHC) and two Minot families have reached a $65,000 settlement in a lawsuit alleging discriminatory housing practices against families with children against a Minot mobile home park owner.
In 1998, the NDFHC received complaints of discrimination based upon
familial status against Sera Linke who owns the 266 unit Holiday Village
Mobile Home Park in Minot. On
the basis of the complaints and complaints the NDFHC had received
previously, the NDFHC conducted an investigation of Ms. Linke’s business
operations.
The investigation by the NDFHC confirmed the basis for the
complaints. As a result,
complaints were filed in 1999 with the U.S. Department of Housing &
Urban Development (HUD) alleging housing discrimination based upon
familial status. The
complaints charged that Ms. Linke denied or refused to negotiate rental
housing to families with children, discriminated against families with
children in the terms or conditions of housing, made statements with
respect to the rental of housing which indicate a preference based upon
familial status, 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 Ms. Linke on January 4, 2000.
Ms. Linke 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 $65,000 in damages, attorney fees and costs
in bringing the lawsuit. Individual
and NDFHC recoveries were based on the harm experienced.
Ms. Linke admits no liability in the consent decree.
Amy Schauer Nelson, Executive Director of the NDFHC stated, “We
are pleased that we were able to reach this settlement and look forward to
working with Ms. Linke in the future.”
The federal law that governs housing discrimination is the Fair
Housing Act (FHA), which was passed by Congress in 1968.
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, and status with respect to marriage and public assistance.
The North Dakota Fair Housing Council (NDFHC) 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.
The NDFHC and the individual plaintiffs were represented in the
lawsuit by Ed Dyer, a Bismarck lawyer, 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 to the NDFHC.
The North Dakota Fair Housing Council (NDFHC) is seeking
volunteers to assist in gathering information about housing practices in
North Dakota. Volunteers are
needed for all major cities in North Dakota.
Minority volunteers are especially needed.
Volunteers are needed who can objectively gather information
about the availability of housing while posing as a prospective renter.
Training is provided and volunteers are paid a stipend for
their time and expenses depending on the task assigned.
For more information, contact the NDFHC toll-free at 1-888-265-0907.
GOVERNOR
HOEVEN ANNOUNCES HUMAN RIGHTS INFORMATION MEETINGS
BISMARCK, ND, October 3, 2001 – Gov. John Hoeven announced today
a series of statewide meetings to inform citizens, employers and service
providers about their rights and responsibilities under the North Dakota
Human Rights Act.
“We created the Human Rights Division within the Department of
Labor to ensure that individuals are protected from discrimination in the
areas of employment, housing, public services, accommodations and credit
services,” Hoeven said. “Treating folks fairly is essential to our
quality of life in North Dakota.”
Investigating claims of discrimination in accommodations, public
services and credit services were added to the Department of Labor Human
Rights Division during the 2001 Legislature. The Division is also charged
with the investigation of housing and employment discrimination.
According to Dina Butcher, Human Rights Division Director, the
series of meetings were arranged in cooperation with area Chambers of
Commerce, the ND Retailers Association, GNDA, the ND Rural Development
Council, Small Business Development Center, UND Office of Workforce
Development, Three Affiliated Tribes, Turtle Mountain Band of Chippewas
and the Fargo Human Relations Commission.
The schedule of meetings is as follows:
· 10/23/01-12:00PM-Norway
House-Bottineau
· 10/23/01-4:30PM-Sky
Dancer Hotel-Belcourt
· 10/24/01-12:00PM-
Lake Region State College-Devils Lake
· 10/25/01-12:00PM-UND
Rural Technology Center-Grand Forks
· 10/25/01-7:00PM-NDSU
Memorial Union, Prairie Room-Fargo
· 11/5/01-12:00PM-BSC
Student Union, Prairie Room- Bismarck-Mandan
· 11/6/01-12:00PM-DSU
North Campus-Dickinson
· 11/6/01-7:00PM-New
Town Civic Center Auditorium-New Town
· 11/7/01-10:00AM-El
Rancho Motel- Williston
Individuals attending the noon meetings are encouraged to contact
their local Chamber of Commerce for information on luncheon arrangements
and reservations.
The North Dakota Fair Housing Council (NDFHC) is always seeking
volunteers for its Board of Directors.
According to the NDFHC by-laws, Board members cannot rent out
residential property to the public in the State of North Dakota or be a
member of any apartment or realtor association.
The NDFHC seeks Board members from social service agencies, as
well as private citizens interested in eliminating housing discrimination
in North Dakota.
Contact the NDFHC for more information if you are interested.
The North Dakota Fair Housing Council has completed this year’s
series of fair housing workshops open to the public.
Workshops were held in the communities of Grand Forks, Devils Lake,
Wahpeton, Fargo, Williston, Jamestown and Minot.
We anticipate hosting a number of workshops in 2002. At this time, workshops are tentatively scheduled for the communities of Bismarck, Fargo, Grand Forks, and Dickinson.
The North Dakota Fair Housing Council has a web site located at:
http://ndfhc.fairhousing. com
The web site contains a variety of information including archived
newsletters and press releases, publications, links to other sites of
interest and much, much more.
Go take a look!