June 2006 - National Fair Housing Advocate Online

EDITOR’S NOTE
The First Amendment is a two-way street
I
n 1998, the Ku Klux Klan marched in
Maryland. At that time, elected officials and candidates for elected office
joined the counterprotest organized by the
state’s conference of the NAACP. The
state’s leaders marched against the Klan’s
message of hatred and intolerance.
Recently, the Klan again showed up in
Maryland. At the civil war battlefield of
Antietam, Klan members and supporters
numbering around 30 spoke out against
blacks and immigrants, saluted Hitler, and
made a general nuisance of themselves, as
they always do.
In the week leading up to the rally, racist graffiti was scrawled throughout the
town of Sharpsburg, and an effigy of a
black man was hanged from a bridge.
According to the NAACP, this time
around, Maryland politicians were nowhere to be found.
According to media reports, Jenkins
Odoms, president of the Maryland State
Conference of the NAACP, said he was
disappointed that candidates for governor,
U.S. Senate, comptroller and attorney general have not publicly condemned the
weekend’s rally in Sharpsburg. “Where are
the voices of outrage from elected officials
who want our votes?” Odoms asked.
Indeed. Where are the politicians?
Certainly we are not at a point in this
country’s history where politicians for state
and federal office are afraid of offending
the Ku Klux Klan. If your race is so tight
that you’re counting on the Klan vote, then
maybe politics isn’t your game.
While I’m sure that some would argue
there are politicians willing to pander to
the Klan while discounting black votes
which are typically Democratic votes, I
don’t think that’s what is happening here.
No, I think more likely, politicians
stayed away for two reasons: they didn’t
want to appear to quell the First Amendment rights of the Klan supporters, or they
didn’t think coming out against the Klan
was worth their time.
As to the latter possibility, I would like
to ensure politicians who might read this
that the Klan, though weakened, is still
around. They are still burning crosses.
They are still attacking African Americans,
Latinos, Asians, Jews and immigrants.
They are still scaring the hell out of a lot
of people.
So, if you think that this is a minor
threat that won’t win you any points, you’re
wrong. The people who support you
should know where you stand on hate
groups and domestic terrorists.
As to whether politicians who protest
against the Klan might be seen as anti-free
speech, I say, “Bunk.”
The First Amendment protects all
Americans, not just the idiots. The Klan
is free to spew its hate. You are free to tell
them that they are wrong.
When the “God Hates Fags” protesters from Westboro Baptist Church in Kansas sang hymns and carried their signs outside an Indianapolis Colts game I attended
a few years ago, I knew it was their right
to be there. I also knew it was my right to
walk up to them and say, “You folks really
ought to get a life.”
By voicing my opinion, I didn’t trample
upon their rights. Because I had the courage to say something, they didn’t trample
upon mine.
I think politicians and many other
people don’t understand that. They have
been beaten into corners by pundits and
talk show hosts who think certain politicians should never have a personal opinion about anything.
Today’s acidic political environment
means that most politicians have to triangulate every position they take and censor
every sentence they speak. But, opposing
the Klan should be a no-brainer. I suppose it’s possible that some of our politicians have less than no brain.
Speaking of politicians with less than
no brain, I was very sad to see the spectre
of a federal amendment to the U.S. Constitution to ban gay marriage back in the
news. The amendment’s sponsors knew
that it had no chance to pass, but still they
rose to speak about how no one in their
June 2006
NATIONAL FAIR HOUSING ADVOCATE
families had ever been gay or divorced.
I’m still not quite sure how same-sex marriage would cause straight marriages to fall
apart, but I don’t understand much about
these political ploys.
Every generation, we Americans fight
these battles. We fought over slavery. We
fought over a black man’s right to vote.
We fought over any woman’s right to vote.
We fought for fair housing, fair employment, and fairness in public accommodations. We fought to integrate schools. We
fought to allow interracial marriages.
In each and every case, the side of
progress and humanity won the fight. I
would be willing to bet the farm that 50
years from now, all of the anti-gay amendments and marriage laws passed on the
state level in the past few years will have
been repealed or nullified by other laws.
The tide turns. It always does.
Finally, I want to apologize for this issue being released later in the month than
I had wanted. My three-and-a-half-year
old daughter had her tonsils out earlier this
month and it’s been a rough recovery.
She won’t eat. She won’t sleep. She
won’t take her medicine. It reminds me of
me when the TiVo fails to record a new
episode of “Lost.”
We have had some excellent feedback
on the first four issues of the new National
Fair Housing Advocate. I’d certainly like
to know what you think, and I’d appreciate any fair housing news tips you can send
my way.
Thanks.
--
Tony Baize, Editor
tony@kyfhc.org
2
CONTENTS
Features
6
White supremacist with WMD
Cover story: Van Crocker told an undercover FBI agent that he
had poisoned African Americans and planned on using nerve gas
in black neighborhoods. Now, he’s going to jail., but why haven’t
the media or our politicians claimed victory or warned us of
others like him?
By Tony Baize
10
Cover: 2004 booking photo of
Demetrius “Van” Crocker, made
available via Freedom of Information Act
request to United States Marshals Service
Women, minorities and low and moderate income Americans are
paying higher rates for home loans, according to a new study
released by the National Community Reinvestment Coalition.
11
Volume E2, Number 5
June 2006
Legal Consultant
Tony Baize (tony@kyfhc.org)
Tracey McCartney
(tracey@fairhousing.com)
Paul F. Curry
13
Tony Baize, Executive Director
Board of Directors
Janet Wrightsel, Chair
Cecil Blye, Sr., Vice Chair
Stephen Porter, Treasurer
Oliver Barber
William Haliday
Ricky Jones
John R. Williams
Ann Wagner
Richard Miller
Ralph Calvin
Rev. Louis Coleman
9th Circuit overturns homeless laws
The Ninth Circuit Court of Appeals has overturned a Los Angeles
law that made sleeping, standing or sitting on the street illegal,
even when there was no room available at shelters.
14
Ky. woman wins $125k from 5/3 Bank
Nanette Bishop knew she was qualified when she applied for a
mortgage at Fifth Third Bank in Newport, Ky. When she was
turned away, she filed a fair housing complaint with HUD.
KENTUCKY FAIR HOUSING COUNCIL
The National Fair Housing Advocate is a publication of the Kentucky Fair Housing Council and is
dedicated to educating the public about fair housing issues and providing pertinent information to
civil rights advocates, attorneys and real estate professionals. The ultimate goal of this publication is
to eliminate the need for itself through the eradication of discrimination in housing.
Touched, but not sexually harassed
A Florida woman proved that she had been the victim of unwanted
touching, according to a state administrative law judge, but she
failed to show that she had been the victim of discrimination.
NATIONAL FAIR HOUSING ADVOCATE
Editor/Publisher
Contributing Editor
NCRC releases mortgage data report
15
CA DFEH settles HIV+ case for $80k
A disabled man who needed his landlord to accept a third-party
check wins $80,000 after facing eviction.
Departments
Editor’s Note . . . . . . .
In Brief . . . . . . . . . . .
Case Law Update . . . .
Brief Articles of Note . . .
. . . . . . . . . . . . . . . . . . . . 2
. . . . . . . . . . . . . . . . . . . . . 4
. . . . . . . . . . . . . . . . . . . . . 12
. . . . . . . . . . . . . . . . . . . . . . 8-15
The National Fair Housing Advocate (ISSN pending) is published monthly by the
Kentucky Fair Housing Council. Editorial, advertising and all other inquiries should be
sent to P.O. Box 1293, Louisville, KY 40201 E-mail: advocate@kyfhc.org, voice: (502)
583-3247, fax (805) 357-5959
Subscription rates are $150 per year for online access, $200 per year for online access
and full-color copy via postal mail. Make checks or money orders payable to “Kentucky
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using a credit card, visit www.fairhousing.com/advocate.
Copyright © 2006. All rights reserved. No portion of this publication may be reprinted
without permission from the publisher, except for fair use purposes.
This publication is reader supported. No public money has been used. The opinions of
commentators are not necessarily those of the Kentucky Fair Housing Council.
June 2006
NATIONAL FAIR HOUSING ADVOCATE
3
INDIANA TO PROVIDE RENTAL ASSISTANCE TO RELEASED FELONS
Indiana Lt. Gov. Becky Skillman announced in May that the
Indiana Housing and Community Development Authority, which
she heads, is planning a pilot program to provide rent money to
some returning ex-convicts.
The agency is working on criteria to accept requests for proposals from nonprofit groups to help link returning felons with
local resources. The housing agency will make nearly $500,000
from federal grant money available for rental assistance. (Source:
Fort Wayne Journal-Gazette)
KATRINA/RITA EVACUEES GET CHANCE TO BUY
HUD HOMES AT DISCOUNTED PRICES
Evacuees from the Gulf Coast hurricanes have the first
chance to buy properties owned by the U.S. Department of Housing and Urban Development at reduced prices.
Beginning in May, almost all new HUD-owned properties
listed for sale across the country have been offered to hurricane
evacuees for the first five days after posting. Prices will be 10
percent below fair market value.
HUD expects up to 20,000 properties nationwide to be made
available. Families living in HUD-owned properties since last
year's hurricanes also will have chances to buy the houses in
which they have been living. HUD provided interim rental housing in South Carolina, Georgia, Florida, Kentucky, Tennessee,
Arkansas, Oklahoma and Texas after the Hurricanes Katrina and
Rita. (Associated Press)
CONGRESSWOMAN LEE CALLS FOR $75 MILLION IN FAIR HOUSING
FUNDS FOR PRIVATE GROUPS AND GOVERNMENT AGENCIES
Early last month, Congresswoman Barbara Lee (D-Oakland)
sent a letter, signed by 51 members of Congress, calling on key
members of the House Appropriations Committee to increase
funding for programs to prevent housing discrimination.
"Fair housing education and enforcement play a pivotal role
in increasing homeownership for people of color," said Lee. "With
increased funding for fair housing, we will be able to assist more
individuals, the housing industry, and communities in forming
integrated neighborhoods, free from discrimination."
Lee's letter to Chairman Joseph Knollenburg (R-MI) and
Ranking Member John Olver (D-MA) of the House Appropriations Subcommittee on Transportation, Treasury, HUD and the
Judiciary, encouraged them to increase funding for the Department of Housing and Urban Development's (HUD) Fair Housing Initiatives Program (FHIP) to $50 million and to meet the
President's budget request of $25 million for the Fair Housing
Assistance Program (FHAP). (Source: California Chronicle)
MORTGAGE DISCRIMINATION HIGH IN BOSTON
The Fair Housing Center of Greater Boston reported in May
that, in recent lending application audits it conducted, discrimination against minorities by mortgage lenders occurred in nearly
half of the test cases.
The Massachusetts Community & Banking Council released
a report earlier this year showing that blacks and Latinos are
more than five times more likely than whites to get high cost
mortgages.
According to the council, 17 suburban communities in
Greater Boston report that the percentage of high cost loans in
their communities has grown beyond 10 percent, proving that
this type of mortgage lending is spreading. (Boston Globe)
June 2006
HUD SECRETARY JACKSON APOLOGIZES FOR POLITICAL
DISCRIMINATION ANECDOTE, SAYS IT WASN’T TRUE
Housing and Urban Development Secretary Alphonso Jackson apologized Wednesday for telling a Dallas business group
that he had rejected a HUD contract because the contractor had
criticized President Bush.
Jackson, seeking to avoid a political firestorm, said he made
up the story.
"I deeply regret the anecdotal remarks I made at a recent
Texas small business forum and would like to reassure the public that all HUD contracts are awarded solely on a stringent meritbased process," Jackson said. "During my tenure, no contract
has ever been awarded, rejected, or rescinded due to the personal or political beliefs of the recipient." (Associated Press)
RACIAL SEGREGATION, DISCRIMINATION PLAGUE ST. LOUIS
Racial discrimination continues to be the most common form
of housing bias reported in the St. Louis area, although the number of complaints filed by immigrants also was on the rise last
year, according to an annual report released in May by a private
fair-housing watchdog.
"St. Louis still remains hyper-segregated," said Will Jordan,
executive director of the Metropolitan St. Louis Equal Housing
Opportunity Council. Segregation is a leading reason why racial
discrimination remains the top category of complaints investigated by his agency, which released the report. St. Louis is considered the fourth most segregated city in the nation, according
to census figures. Only Milwaukee, Detroit and Cleveland are
considered more segregated. (St. Louis Post-Dispatch)
MORTGAGE/INSURANCE PROJECT FOR HURRICANE VICTIMS
Louisiana homeowners have a new source of help to resolve
mortgage and insurance difficulties related to Hurricanes Katrina
and Rita. The Greater New Orleans Fair Housing Action Center,
working with the National Fair Housing Alliance has launched
the Hurricane Relief Project to advocate on behalf of Hurricane
affected Gulf Coast homeowners. Homeowners in need of assistance can call 504-596-2100 or 877-445-2100.
Nearly ten months after Hurricane Katrina, many homeowners are still faced with foreclosure concerns and unsettled insurance claims. Moreover, as Gulf Coast residents seek new loans
for repairs or home purchase, there is a serious concern that homeowners may fall prey to predatory lending schemes.
The Hurricane Relief Project will help homeowners confront these types of problems. In addition to providing these
services in New Orleans, Gulf Coast homeowners can receive
assistance at Fair Housing Centers located in Gulfport, MS;
Houston, TX; and Mobile, AL.
NATIONAL FAIR HOUSING ADVOCATE
4
NCRC & NRT TEAM UP FOR FAIR HOUSING TRAINING
PARENTS COULD BE LIABLE FOR SON’S CIVIL RIGHTS VIOLATIONS
The National Community Reinvestment Coalition (NCRC),
and NRT Incorporated, the nation's largest residential real estate
brokerage, today announced an unprecedented alliance to promote best fair housing practices to sales associates and consumers in more than 35 major metropolitan areas where NRT operates. NRT is part of Cendant Corporation's Real Estate Services
Division, which will become Realogy Corporation upon the
completion of its separation from Cendant (NYSE: CD), anticipated in June 2006.
NCRC and NRT will collaborate to design and roll out fair
housing training across NRT's national family of companies, and
review and assess the company's fair housing policies and practices to reinforce equal professional service to all consumers. In
connection with the partnership, NCRC and NRT will roll out
fair housing training to NRT's 64,000 sales associates in its more
than 1,000 offices; conduct a thorough review of NRT's fair housing policies and practices and assist in implementing additional
policies as appropriate; promote self testing as an effective tool
for educating real estate professionals and for internal monitoring of compliance with the Fair Housing Act; and, promote fair
housing compliance and awareness, including by creating links
to NCRC's fair housing information on all NRT operating company Web sites as well as the real estate brand Web sites that
operate under the Cendant Real Estate Franchise Group. (Source:
Joint NCRC/NRT Press Release)
A Mentor, Ohio teen and his parents face possible civil rights
penalties and fines because the teen intimidated a black neighbor who moved into his mostly white neighborhood.
It could be the first time in Ohio that parents are held liable
for a civil rights violation committed by their minor child, according to Toni Delgado, a spokeswoman for the Ohio Civil
Rights Commission.
Last year, Michael McDonald, 18, was found delinquent by
aggravated menacing, ethnic intimidation and trespassing after a
jury trial in Lake County Juvenile Court. He was 16 in August
2004 when he left a box marked with the letters "KKK" in the
driveway of a neighbor, Sylvia Spikes. The box contained bananas and had racial slurs scrawled inside.
McDonald has appealed the Juvenile Court finding to the
11th Ohio District Court of Appeals.
Separately, the Southern Christian Leadership Conference
filed a complaint on Spikes' behalf with the Ohio Civil Rights
Commission. The commission ruled May 11 that McDonald violated fair housing practices when he left the box for Spikes to
find. The commission said his parents, Laura and Gregory
McDonald, while not involved in the crime, should be held liable for their son's actions. (Source: Cleveland Plain Dealer)
FAIR HOUSING GROUPS GET GRANTS FROM HSBC
HSBC North America Holdings, Inc. (NYSE:HBC) today
announced it has awarded more than $1 million in financial education grants to 12 nonprofit organizations around the country,
supporting personal finance, homeownership and credit management training to tens of thousands of individuals and families in
seven states and the District of Columbia.
A $70,000 grant to Nevada Fair Housing Center will fund
the expansion and upgrade of the organization's computer-based
financial education program, which gives consumers an income
and expense analysis, asset review, and credit analysis. The grant
will help the organization reach 1,656 individuals and families.
A $90,000 grant to Housing Opportunities Made Equal in
Richmond, Va. will fund a series of workshops and counseling
sessions which will help more than 650 low-income families learn
how to manage their money and credit and become successful
renters and long-term homeowners, as well as providing print
and online information on credit and money management to an
additional 3,000 households. (Source: HSBC Press Release)
HUD LAUNCHES INVESTIGATION INTO VA. TOWN’S HARASSMENT
LATINO FAMILIES VIA ANTI-CROWDING ORDINANCE
FEDERAL JUDGE DENIES DISABLED MAN’S REQUEST FOR
INJUNCTION AGAINST EVICTION FROM APARTMENT
A judge refused to grant an injunction which would have
allowed Rusty Ackerman, who is visually and hearing impaired,
to stay in his apartment.
The owners of the Bayou Courtyard in Tampa, Fla., a community for the deaf where Ackerman has lived since 2002, said
they would allow the 41-year-old man to remain, at least until he
finds somewhere else to live.
Ackerman filed a federal lawsuit on May 4 claiming that the
apartment owners and managers discriminated against him because he is disabled. Ackerman asserts that the managers at the
complex want to get rid of him, because he made a reasonable
accommodation request to have a roommate/caregiver.
The apartment complex claims that Ackerman is being
evicted because he became violent when they refused to allow
him to sign a new lease with his new roommate.
In denying Ackerman’s motion to halt the eviction, U.S.
District Judge Richard A. Lazzara said that the plaintiff had not
been able to prove his lawsuit was likely to succeed on its merits.
(Sources: St. Petersburg Times and U.S. District Court for the
Middle District of Florida)
FANNIE MAE TO PAY $400 MILLION IN ACCOUNTING SCANDAL
OF
Federal housing officials said last month that they are investigating whether a two-year-old program to combat crowded housing in Manassas is unfairly targeting Hispanic families in violation of the Fair Housing Act.
The U.S. Department of Housing and Urban Development
filed a complaint alleging a pattern of discrimination. A day later,
a group of Manassas residents and civil rights advocates filed 11
more complaints, saying that the city has selectively enforced its
overcrowding rules and other ordinances against Hispanic residents in what amounts to a systematic campaign of harassment.
(Source: Washington Post)
June 2006
Senior executives at Fannie Mae manipulated accounting to
collect millions of dollars in undeserved bonuses and to deceive
investors, a federal report charged in May. The Securities and
Exchange Commission announced a $400 million settlement with
Fannie Mae over the alleged accounting manipulation. Of that
amount, the $350 million assessed by the SEC will go to compensate Fannie Mae investors damaged by the alleged violations.
The blistering report by the Office of Federal Housing Enterprise Oversight, the result of an extensive three-year investigation. Fannie Mae also agreed to limit the growth of its
multibillion-dollar mortgage holdings, capping them at $727 billion. (Associated Press)
NATIONAL FAIR HOUSING ADVOCATE
5
T
here was little fanfare back in April when Demetrius “Van”
Crocker was convicted on weapons and explosives charges
in a federal court in Tennessee. Crocker, a self-avowed
white supremacist with ties to the Ku Klux Klan and the NeoNazi National Alliance, had attempted to purchase plastic explosives and sarin nerve gas from an undercover FBI agent.
During a months-long sting, Crocker told FBI informants and undercover agents that he planned on blowing up government buildings in Washington and to fly over African American neighborhoods in Jackson, Tenn. in a rented helicopter or
ultralight aircraft and gas the black residents there.
Crocker made comments about setting up new concentration camps for Jewish insurance company executives. Crocker
said that he wanted to build a suitcase sized nuclear bomb “so
bad I can taste it.”
And, according to the U.S. Attorney’s Office that
prosecuted Crocker, he also claimed to have poisoned a batch
of marijuana and sold it to black residents in Jackson. The
FBI investigated that claim but did not find any evidence that
Crocker had actually done it. Sources in the U.S. Attorney’s
office chalked it up to Crocker bragging about something he
hadn’t actually done.
Such acts of domestic terrorism – gassing and poisoning people based upon their race and where they live –
could certainly be viewed as criminal violations of the Fair
Housing Act.
According to the Fair Housing Act Subchapter II, Section 3631, someone targeting a neighborhood for violent acts
based on the race of the occupants can be fined or jailed for up to
one year. If the violent acts result in “bodily injury,” or if “such
acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire,” (emphasis added) violators
can be jailed for up to ten years, and if such acts cause death, the
jail sentence can be life.
Despite Crocker’s threats against black neighborhoods, he was not charged with civil rights or Fair Housing
Act violations. Instead, he was tried and convicted on weapons charges. Crocker is to be sentenced next month and faces
up to 30 years in prison.
June 2006
According to Fred Godwin with the U.S. Attorney’s
office for the Western District of Tennessee, it would have been
very difficult to prosecute Crocker for civil rights violations based
on his statements alone. “He’s probably protected by the First
Amendment,” he said. Godwin is the attorney who prosecuted
the government’s case.
Washington-based civil rights consultant Sara Pratt disagreed. “Threats of violence are not protected by the First Amendment.” Pratt added that the First Amendment has been used as a
defense in fair housing cases, but has almost always been rejected when it comes to threats of violence.
Joseph Butler, a professor at John Marshall Law
School in Chicago, concurred. “It’s sounds cliche, but this is
literally the yelling ‘Fire’ in a crowded theater interpretation
of the First Amendment,” Butler said
Godwin was quick to add that Crocker was facing 30
years in prison. “When you go before a jury of 12 people to try
to get a conviction, you use the best evidence you’ve got, and
you file the charges that you are more likely to prove.”
Louisville criminal defense attorney and Advocate
legal consultant Paul Curry agreed. “They may not have considered civil rights charges, because they would have been
too hard to prove. Even from a public relations standpoint,
indicting the guy on those particular threats might have been
more work than it was worth.”
Still, in an era where U.S. foreign policy is almost solely
dedicated to the “War on Global Terror,” and the death or capture foreign terrorists is trumpeted and commented upon by high
ranking U.S. officials, it makes little sense that a victory against
terrorism within the United States would warrant no publicity.
“It’s frustrating for us,” said Heidi Beirich of the
Southern Poverty Law Center. Beirich said that the current
administration in Washington is “not taking domestic terrorism seriously.” She pointed to a 2003 case in Texas where
federal agents raided a storage facility and found a fully functional sodium cyanide bomb.
Bill Berkowitz, a columnist for Working for Change
(www.workingforchange.com) reported on that case in 2004,
noting, “The cache included sodium cyanide and other highly
NATIONAL FAIR HOUSING ADVOCATE
6
June 2006
NATIONAL FAIR HOUSING ADVOCATE
© Sarah Baker
© Shawn Jipp
According to the Department of Justice’s
toxic chemicals, as well as land mine com“When they aren’t arresting people for
ponents, briefcase bombs, trip wire and more possesing (sic) chain link fence parts they Community Relations service, there were
than 60 fully operational pipe bombs. Also are entraping (sic) otherwise law abiding 7,649 total hate crime incidents identified
found were machine guns and other illegal folks. Probably told him that C4 was a good by the FBI in 2004. Racial bias was a comweapons; hundreds of thousands of rounds replacement for dynamite in stump removal ponent of these crimes more than half the
of ammunition; and a variety of neo-Nazi and told him sarin was a pesticide,” wrote time. The largest racial group targeted by
hate crimes, according to the FBI report, was
literature.” Agents also uncovered docu- commenter Festus.
ments that outlined a contingency plan for
“The Feds found themselves another African American.
Following the criticism levied against the
carrying out bombings if members of the moron they could manipulate into providconspiracy were captured or killed.
ing them with some good PR,” wrote federal government after Hurricane Katrina,
it is a bit perplexing that the Department of
Journalist Daniel Levitas, writing about commenter dljordan.
the 2003 case in Texas, said, “If suspected
And, with one of the final comments on Justice would squander an opportunity to
al Qaeda operatives had been arrested with the story, commenter vetvetdoug opines, showcase the fact that it had taken down a
a fully functional sodium cyanide bomb in “The Feds go after soft targets and spend credible threat to the health and safety of
African Americans in the
East Texas or anywhere
United States. Whether it
else in the nation for
was a case of the media not
that matter, this would
doing its job or the Departhave been a page one
ment of Justice not wanting
story.”
to publicize a particular
Idaho human rights
case, we may never know.
advocate Dan Yurman
The case of Van Crocker
noted similarities beis not unique. According to
tween the Texas case
the Southern Poverty Law
and the Crocker case in
to taped conversations between Van Crocker and an undercover FBI agent, Center, at least 60 domestic
Tennessee. “The DOJ/ According
Crocker planned to use an ultralight aircraft or a helicopter to attack black residents in
terrorism plots have been
FBI press release did Tennessee with sarin and mustard gases.
discovered and shut down
not use the term ‘domestic terrorism’ in the text of their press lots of our money to make themselves look since the Oklahoma City bombing in
release,” Yurman told Working for Change. like they are working very hard. Real tar- 1995. Very few have received extensive
“This is significant because the term ‘domes- gets, like Ragheads worshipping (sic) an media coverage.
With regard to the Crocker case, only
tic terrorism’ is a key search term for auto- Iman (sic) from Iran, get a pass because
USA Today covered Crocker’s arrest as a
mated search tools used by the news media.” its PC.”
Although Godwin was quick to call this
Van Crocker is 40 years old and has blurb in a larger story about domestic tera case of domestic terrorism, the U.S. worked most recently as a farm hand. Psy- rorism. Upon his conviction, the Associated
Attorney’s press release did not use that term. chological tests administered by both the Press syndicated a story whose only major
Attorney General Alberto Gonzales did not prosecution and the defense showed him to carrier was the Boston Globe.
In an era of color-coded terror alerts
comment on the case, and the press release have below average intelligence.
was relegated to the web site of the U.S.
According to taped conversations with and daily reminders of foreign acts of terAttorney’s Office for the Western District of the FBI agent, Crocker said that he wasn’t a rorism, Americans deserve to know more
Tennessee. It was not added to the Depart- terrorist, but wanted to have weapons ready about homegrown plots, especially when
they are foiled.
ment of Justice web site, as many high pro- for when “the beast” pushed him too far.
Perhaps it’s foolish to think that exposfile press releases are.
“I ain’t no al Qaeda,” Crocker said, “but
ing racist terrorists like Van Crocker will
“McVeigh and Nichols killed 168 people I’m a Southerner and I’m pissed off.”
in Oklahoma City with a rented van. Who
Crocker took his four-year-old daughter make any sort of difference to the civil rights
knows what a Van Crocker might do if he to the meeting with the undercover FBI agent movement as a whole. However, it seems
like the worst that could happen would be
got a hold of this stuff?” Beirich asked.
where he attempted to purchase sarin gas.
Liberal blogger Attaturk (risingIt Could be argued that domestic terror- that hate groups would be pushed further into
hegemon.blogspot.com) surmised that the ists like Crocker, McVeigh, Nichols, Eric the margins.
Who knows what would have happened
color of Crocker’s skin and his religion might Rudolph, and those involved in the East
have had something to do with the lacklus- Texas sodium cyanide plot are antigovern- if Van Crocker had gotten his hands on nerve
ter promotion of Crocker’s takedown by the ment terrorists and not simply racists out to gas and a helicopter? Would he have had
kill African Americans and other minorities. both the hatred and the courage to kill hunJustice Department.
The antigovernment movements in the dreds or thousands of people? The world
“If this guy was a Muslim or had a darker
complexion it would be getting more cover- United States, however, are often also white will never know. And, thanks to the govage than the Peterson Murder. FoxNews supremacist. These groups often do not ernment and the major media, most of the
would have its programming set for two separate the “coming revolution” to over- world will never even know that he was
weeks straight, 24/7. As it is, it has barely throw the U.S. government from the com- planning it.
been mentioned,” Attaturk wrote. “Just try ing “war between the races.”
--- Tony Baize is the Editor of the
While everyone should be concerned
replacing the name ‘Demetrius Van Crocker’
with ‘Mohammed bin Ali’ and you’ll know about domestic terrorism, the fact that many National Fair Housing Advocate and
of those willing to commit mass murder are the Executive Director of the Kentucky
what I mean,” he concluded.
Meanwhile, conservative commenters at racists and/or anti-Semites should be of great Fair Housing Council, www.kyfhc.org.
FreeRepublic.com called a Crocker a concern to Americans in minority groups and
E-mail him at tony@kyfhc.org
civil rights advocates.
“farmer” who was a victim of entrapment.
7
Vermont governor vetoes gender identity civil
rights bill despite broad bipartisan legislative support
O
n May 17, Gov. James Douglas vetoed H-865, a bill that had garnered
strong support in the Vermont legislature. The bill would have added “gender
identity or expression” to the state’s existing fair housing, equal employment, and
public accommodations laws.
Vermont had been poised to become the
ninth state in the country to make discriminatory practices based on gender identity or
expression illegal.
Earlier in May, a final 88-47 vote of concurrence in the state legislature had sent the
bill to Douglas for consideration.
First introduced four years ago by lead
sponsor Representative Bill Lippert (DHinesburg), the bill covered employment,
housing and public accommodations.
Vermont’s hate crimes law already includes
“gender identity” language.
Although eight states, the District of Columbia, and eighty cities and counties have
sought to curb discrimination by passing
transgender-inclusive antidiscrimination
laws, Vermont’s bill was the third within a
year to pass through legislatures only to be
vetoed at the executive level.
Last year, a bill that would have specifically banned employment discrimination
based on gender identity or expression
passed through Hawaii’s legislature, but was
vetoed by Gov. Linda Lingle (R).
Lingle allowed a bill providing protections in public accommodations to pass into
law without her signature in May 2006.
Colorado Gov. Bill Owens (R) vetoed a
nondiscrimination
bill in 2005 that
would have added
sexual orientation and gender identity to
existing state nondiscrimination laws.
“We are very disappointed in Governor
Douglas’s decision,” said Christopher
Kaufman, executive director of the R.U.1.2?
Community Center in Burlington, Vt. “This
bill would have made a huge difference
in the lives of transgender and gender nonconforming Vermonters in terms of the
basic necessities—access to jobs, housing and services.”
“We commend the powerful grassroots
effort supporting this bill from the R.U.1.2?
Community Center, TransAction, and other
concerned Vermonters,” said Mara Keisling,
executive director of the National Center for
Transgender Equality. “It is unfortunate
that Gov. Douglas chose to deny much
needed protections to transgender and
gender nonconforming people in Vermont,” she concluded.
WV real estate commission
rescinds incentive rules Discrimination begins with
of Justice officials announced last month that in reyour name, says research
sponse to a Department antitrust investigation, the West VirDepartment
ginia Real Estate Commission rescinded a regulation that prohibited West Virginia real estate brokers from offering rebates, inducements and other discounts to consumers.
The Department said that abolishing the regulation will enable
consumers to receive the full benefits of competition — lower prices
and better services.
The Commission voted, on March 15, 2006, to repeal Commission Rule CSR §174-1-11 to permit real estate brokers to offer
rebates, inducements, gifts and other discounts immediately. By
state law, the amended rule went into effect on May 4.
“Rescinding the regulation is a good result for consumers in
West Virginia,” said Thomas O. Barnett, Assistant Attorney General in charge of the Department’s Antitrust Division. “Consumers
in West Virginia can expect to benefit from increased competition
through broker-offered rebates, incentives, and discounts.”
Barnett said he was pleased that the West Virginia commission,
like the real estate commissions in Kentucky and South Dakota,
took quick action to address the competition issues raised during
the Division’s investigation.
In August 2005, in response to an investigation by the Antitrust
Division, the South Dakota Real Estate Commission rescinded two
rulings that prohibited South Dakota real estate brokers from offering rebates, inducements and other discounts to consumers.
In March 2005, the Department filed a lawsuit against the Kentucky Real Estate Commission challenging the Commission’s regulations that prohibited Kentucky real estate brokers and sales associates from offering rebates and other inducements to consumers.
In July 2005, the Department reached a settlement with the Kentucky Real Estate Commission that resolved the Antitrust Division’s
competitive concerns.
June 2006
R
esearchers in California and Oregon have published a study
indicating that a racially or ethnically identifiable name can
lead to discrimination in apartment rentals.
Social psychology researchers Adrian Carpusor and William
Loges sent 115 e-mail messages to landlords advertising apartment vacancies in Los Angeles County over 10 weeks: six weeks
before the conflict with Iraq began in March 2003 and four weeks
after it began.
One of three names that implied either Arab, African American, or White ethnicity was randomly assigned to each of the messages sent. “Tyrell Jackson” and “Said Al-Rahman” received significantly fewer positive responses than “Patrick McDougall,” and
“Tyrell” fared worst of all.
“Patrick” received favorable e-mail replies 89 percent of the
time. “Said” received favorable e-mail replies 66 percent of the
time, but “Tyrell” received favorable e-mail replies 56 percent of
the time.
This pattern held true in all rent categories according to the
study, in corporate and privately owned apartment complexes, before and during the American invasion of Iraq.
Loges told UPI, “Los Angeles is one of the most diverse cities in the world, but it's clear that housing discrimination exists
and that it begins long before a landlord meets a prospective tenant.” Loges is an assistant professor of psychology at Oregon
State University.
Carpusor is a former student of Loges, and now conducts research for JD Power and associates. Carpusor was lead author of
the study, which appeared in the April 2006 issue of the Journal of
Applied Social Psychology (www.blackwell-synergy.com/loi/jasp).
NATIONAL FAIR HOUSING ADVOCATE
8
Reps. Andrews and Renzi introduce bipartisan “Home
for Heroes Act” in the U.S. House of Representatives
epresenatives Rob Andrews (D-NJ) Housing Assistance Calculations -- The bill profit organizations who provide housing
and Rick Renzi (R-AZ) have intro- would restrict Housing Choice Voucher pro- assistance or housing counseling to veterans.
6. Annual Report on Housing Assistance
duced legislation in the House of grams from counting Veterans Administration
benefits
as
income
for
the
purposes
of
to
Veterans
-- The bill requires the SecreRepresentatives that would provide houstary
of
HUD
to submit an annual reing assistance to low and moderate income
port on the federal government’s permilitary veterans in the United States.
formance in the area of housing assisThe bill has seven key provisions.
tance to veterans.
1. Provide supportive housing to very
7. Special Assistant for Veterans Affairs
low income veteran families -- This proat HUD -- The HFHA would require the
vision of the bill seeks to increase permacreation of a Special Assistant for Veternent housing for very low income families
ans
Affairs to be placed in the Office of
of veterans through grants, rental assisthe
Secretary
at HUD. This special astance, and supportive services.
sistant would be responsible for ensur2. Housing Choice Vouchers for
ing veterans have access to housing and
Homeless Veterans -- These vouchers (forhomeless assistance; coordinating all
merly Section 8 vouchers) would be disHUD programs relating to veterans;
tributed to homeless vets to assist with
serving as a veterans liaison for HUD;
rental and homeownership opportunities.
The bill calls for an additional 20,000 Congressmen Rob Andrews (D-NJ) and Rick Renzi (R- providing information and advice rehousing vouchers to be administered by AZ) have introduced the Homes for Heroes Act to garding veterans programs; administerprovide housing assistance to low income veterans. ing the technical assistance grants prothe Department of Veterans Affairs.
gram; and preparing the annual HUD
3. Inclusion of Veterans in Housing
Planning -- The bill calls for the housing income requirements for the Housing Choice veterans report.
The bill has been referred to the House
plans of public housing authorities and the program. This would include military pay,
pensions,
and
survivor
benefits.
Financial
Services, Veterans Affairs, and
consolidated plans of Community Develop5. Technical Assistance Grants -- The Ways and Means Committees. No further
ment Block Grant recipients.
4. Exclusion of Veterans Benefits from bill calls for HUD to make grants to non- action on the bill has been scheduled.
R
Civil rights to highlight
ADC Convention in DC
Kentucky activist leaves
$2 million to rights groups
H
enry Wallace, a fixture in Kentucky’s civil rights movement
left two bequests of $1 million each to two civil rights and
civil liberties groups.
The Louisville Fairness Campaign received one of the bequests.
It is a nonprofit group that fights discrimination in housing, employment and public accommodations based on sexual orientation
and gender identity. The group plans to establish an endowment
with the money.
The American Civil Liberties Union of Kentucky received the
second bequest. It fights for civil liberties throughout Kentucky,
bringing lawsuits based on freedom of speech, religion and expression as well as other issues. Executive Director Beth Wilson said
that her group will use its bequest to reach out into Kentucky’s
rural communities and share a portion with other ACLU chapters.
Wallace died on April 19 at his 600-acre farm in Prospect, Ky.
According to his will, his farm cannot be sold for development.
The groups announced Wallace’s gifts earlier this month.
Wallace was a conservationist and activist who often marched
with the Kentucky Alliance Against Racist and Political Oppression, Louisville’s Justice Resource Center, the Fairness Campaign,
and other civil rights and civil liberties groups.
Wallace leaves behind six children. He would have been 91
years old this month.
June 2006
F
ounded in 1980, the American-Arab Anti-Discrimination Committee (ADC) is celebrating its 26th year of service to civil and
human rights. ADC's Annual Convention is June 15-18, 2006.
Civil and immigrant rights and liberties will be a major focus
for speakers, panelists and award recipients on Saturday, June 17.
The Annual Civil Rights Awards Luncheon, scheduled from 12:302:00 p.m. will serve as the primary forum for convention attendees to learn about the issues affecting civil rights and the steps the
government, as well as other civil rights organizations, are taking
to address civil rights and liberties, and immigrants rights.
Wan Kim, Assistant Attorney General, U.S. Department of
Justice, Civil Rights Division, will be the keynote speaker at the
Annual Civil Rights Awards Luncheon on Saturday, June 17.
Senator Russell Feingold (D-WI), will be the recipient of
ADC's 2006 Civil Liberties Trailblazer Award.
Stuart Levy, Undersecretary, Treasury Department will be a
speaker on a panel entitled “Charities Under the Microscope.”
One of the highlights on Saturday, June 17, is a panel entitled,
“Civil Liberties: The Year in Review,” facilitated by Nawar Shora,
ADC Director of the Law Enforcement Outreach Program. Panelists include Daniel Sutherland, Dept. of Homeland Security Office for Civil Rights and Civil Liberties and Gregory Nojeim, Assoc.
Director, Washington Legislative Office, ACLU.
NATIONAL FAIR HOUSING ADVOCATE
9
NCRC releases report on federal mortgage data; shows
disparities in lending terms among many groups
T
he National Community Reinvest
ment Coalition’s (NCRC) most recent
report, 2005 Fair Lending Disparities: Stubborn and Persistent II, reveals that
minorities, women, working class, and even
middle-income borrowers across the United
States receive a disproportionate amount of
high-cost loans.
“Despite the enhancements in reporting
such as pricing information and heightened
public scrutiny, we see yet again that traditionally underserved individuals continue to
pay more for credit,” said John Taylor, President and CEO of NCRC. “Last year,
NCRC’s HMDA report exposed significant
disparities in lending patterns. Instead of
going away, the disparities persisted while
overall high-cost lending volume surged.”
NCRC’s survey of 17 large lending institutions for 2005 includes a substantial
share of the total lending market, perhaps
up to one third of the loans reported by institutions in HMDA data.
The previous HMDA data for 2004 revealed that lending institutions issued 1.4
million conventional high-cost loans and 8.4
million market-rate loans.
NCRC’s sample using 2005 data includes
1.4 million high-cost loans and 3.5 million
market-rate conventional loans.
HIGH-COST LENDING MORE THAN DOUBLES
High-cost lending was a much higher portion of overall lending in 2005, climbing
from 12.2% of total loans in NCRC’s sample
with the 2004 data to 28.2% of total loans in
the 2005 sample. The federal agencies explain that much of the increase in high-cost
lending could be due to interest-rate movements, but NCRC believes that more investigation is warranted.
“Last year, the Federal Reserve Board referred 200 large lenders to their primary federal agencies for more fair lending investigations based on substantial pricing disparities. These lenders issued about half of the
loans in the market. Now, one year later, not
John Taylor is president
and CEO of the National
Community Reinvestment
Coalition.
one fair lending settlement has occurred.
When will the federal agencies address these
problematic lending disparities in lending?”
asked Taylor.
“Market-rate loans” are made at prevailing interest rates to borrowers with good
credit histories. “High-cost loans,” in contrast, are loans with rates higher than prevailing rates made to borrowers with credit
blemishes, according to NCRC.
Public policy concerns arise when certain groups in the population receive a disproportionate amount of high-cost loans.
When high-cost lending crowds out marketrate lending in traditionally underserved
communities, price discrimination and other
predatory and deceptive practices become
more likely as residents face fewer product
choices, NCRC asserted.
Key highlights of the NCRC include:
· Of all the conventional loans made to
African Americans, 54.5% were high cost
loans. In contrast, of all the conventional
loans issued to whites, only 23.3% were
high cost. Of all the conventional loans
issued to Hispanics and Native Americans,
40.7% and 35.0%, respectively, were high
cost during 2005.
· Of all conventional loans issued to females,
34.4% were high cost. In contrast, just
26.2% of the loans for males were high cost
during 2005.
· Of all the conventional loans issued to lowand moderate-income borrowers, 44.8%
were high-cost.
· Even middle-income borrowers received
a substantial portion of high-cost loans; 39%
of the loans to middle-income borrowers
were high-cost. In contrast, only 24.4% of
the loans to upper-income borrowers were
high-cost.
Stubborn and persistent disparities occurred in all types of lending, including home
purchase, refinance, and home improvement
lending.
In addition, even though very high-cost
lending is covered by the federal Home
Ownership and Equity Protection Act
(HOEPA), very-high cost lending exhibited
worrisome disparities for African-Americans
and women.
While traditionally undeserved populations continue to experience unequal access
to lending, even middle-income borrowers
must deal with a substantial portion of highcost loans. Disparities are confronting a
broad segment of Americans including
women, working class consumers and
middle-income families.
NCRC is calling for Congress to enact a
strong, comprehensive national anti-predatory lending law and to rein in federal regulators who are “weakening the Community
Reinvestment Act (CRA).”
NCRC also calls for federal agencies to
step up antidiscrimination and fair lending
oversight, and for Government Sponsored
Enterprises (GSEs) to continue abiding by
anti-predatory safeguards.
Chicago Leadership Council closes after 40 years
F
rom the Leadership Council for
Metropolitan Open Communities written statement:
It is with sadness that we report that one
of the oldest and largest fair housing organizations in the country, the Leadership Council closed operations after 40 years, effective June 2, 2006.
At the May board meeting the Board of
Directors of the Leadership Council voted
to cease operations. Connie Lindsey, Board
Chairperson of the Leadership Council said
all options were thoroughly explored, and it
June 2006
was a very difficult decision for the whole
board. The current funding environment
made it difficult to raise the necessary funds
to continue important fair housing, mobility,
advocacy and legal programs.
Discrimination still exists. In 2006, discrimination is subtle and sophisticated. Discrimination occurs through racial steering to
various communities and mortgage products,
omission of information, linguistic profiling,
and other invisible means.
Yet, there has been progress. Much of that
progress directly ties to the programs of the
NATIONAL FAIR HOUSING ADVOCATE
Leadership Council. The 40-year legacy of
the Council includes landmark lawsuits, advocacy for affirmative public policies, an
engagement with the housing industry, and
the nationally recognized Gautreaux mobility program together these actions actively
increased integration and housing choice in
the region.
The Leadership Council was founded by
Dr. Martin Luther King, Jr. and other leading civil rights, civic, and religious leaders,
as a product of the Chicago Freedom Movement campaign for open housing.
10
Florida woman proves unwanted touching but
loses fair housing sexual harassment case
I
n April, the Florida Commission on Human Relations, the statewide governmental agency that investigates and rules on
fair housing complaints, upheld a decision
by Administrative Law Judge Robert Meale
in which he dismissed a woman’s complaint
of sexual harassment against a board member of her homeowners association.
Diana Arguinzoni Del Toro had filed a
complaint with the Florida Commission on
Human Relations, alleging that William
Shaw, a member of her homeowners
association’s board of directors, caused her
car to be towed from the condominium community because she rejected his sexual advances. Del Toro alleged that Shaw had
groped her and that he had her car towed in
retaliation when she pushed him away.
The Commission investigated Del Toro’s
claim and issued a probable cause finding,
asserting that it was likely discrimination had
occurred in her case.
In his decision, Judge Meale ruled that
Commission attorneys had “proved that Mr.
Shaw made an unwelcome sexual advance
upon Ms. Del Toro.” Judge Meale also ruled
that he believed Del Toro’s car had been
parked legally and should not have been
towed. However, Judge Meale then recommended that Del Toro’s case be dismissed,
because she failed to show that her car had
been towed in response to her rejection of
Shaw’s advances.
Shaw and the homeowners association
filed a petition to have the Commission pay
their legal fees, which Judge Meale denied.
The Commission appealed Judge
Meale’s decision on behalf of Del Toro to a
Commission appeals panel. The panel, noting that neither party had filed a transcript
of the hearing before Judge Meale, upheld
the decision. “In the absence of a transcript
we must adopt the Administrative Law
Judge’s finding of fact,” the panel wrote.
The Waterford Crossing Community Association and Shaw asked the appeals panel
to rule on whether or not the Fair Housing
Act applied to homeowners associations,
whether or not Del Toro had filed her complaint in a timely fashion, and to overrule
DC Office of Human Rights brokers $4,000
familial status/occupancy policy settlement
T
he owners of a Washington, DC apart
ment building will pay $4,000 to a
family that grew too large for their
building’s unreasonable occupancy policy.
When the Petropoulos family welcomed
their second child and faced eviction, they
filed a complaint with the District of Columbia Office of Human Rights.
The Office investigated the
family’s complaint and determined that the occupancy
policy at Dorchester House
was too restrictive.
The case was set for a hearing before the District of Columbia Commission on Human Rights, but
the parties reached a settlement before the
hearing could be held.
The case stems from an investigation by
the Office of Human Rights, which found
that the respondent had a policy which stated
that the number of residents in a one-bedroom apartment is limited to three people.
After moving into the apartment, the
complainants had two children, putting them
June 2006
above respondent’s occupancy limit.
District of Columbia occupancy regulations prescribe the minimum amount of floor
area for the number of individuals residing
in a housing unit. The Petropoulos’ unit met
the requirements.
Upon discovering violation of it its
policy, the respondent offered to
move complainants to a twobedroom apartment. The complainants refused the offer.
Respondent attempted
to evict the complainants, but
later abandoned attempts to
evict the family.
The issues that were to be addressed before the Commission were whether
respondent’s enforcement of occupancy limits violated the District of Columbia Human Rights Act and whether such enforcement has a disparate impact on families
with children.
The settlement of the case makes no legal determination on those issues. The respondents admitted no wrongdoing.
NATIONAL FAIR HOUSING ADVOCATE
Judge Meale’s assertion that Del Toro’s car
had been parked legally.
The appeals panel declined to rule on
these “exceptions,” writing,
“In the absence of a transcript of the proceeding before the Administrative Law
Judge, the Recommended Order is the
only evidence for the Commission to
consider. See National Industries, Inc. v.
Commission on Human Relations, Et.
Al., 527 So. 2d 894 at 897, 898 (Fla. 5th
DCA 1988) and Rizos v. Point Vista
Apartments, FCHR Order No. 05-010
(January 19, 2005). Based upon the
Recommended Order, the Commission
finds no support for Respondent’s
exceptions. Petitioners exceptions are
rejected.”
The appeal panel was comprised of Commissioners Mario Valle, Gayle Cannon and
Roosevelt Paige. Vicki D. Johnson represented the Commission for Del Toro. Thomas K. Luken represented the respondents.
NCRC files five
lending complaints
I
n March, the National Community Reinvestment Coalition (NCRC), filed five
civil rights complaints with HUD against national mortgage lenders concluding a comprehensive investigation documenting discrimination in lending in violation of the
Federal Fair Housing Act.
The companies named in the individual
complaints are Fieldstone Investment Company and its subsidiary Fieldstone Mortgage
Company, based in Columbia and Baltimore,
Md.; Novastar Financial Inc. and its subsidiary Novastar Mortgage Inc, based in Kansas City, Mo.; South Star Funding, Atlanta,
Ga.; EquiFirst Corporation, and its affiliates,
Regions Financial Corporation, Regions
Bank, Regions Mortgage and EFC Holdings
Corporation based in Charlotte, N.C. and
Birmingham Ala.; Gelt Financial Corporation, a/k/a Gelt Holdings, Inc., based in
Southampton, Pa.
“These companies are denying the dream
of homeownership to countless working
families,” stated John Taylor, President &
CEO of NCRC.
11
Cases reported in May 2006
Clabault v. Shodeen Mgmt., 2006 U.S. Dist. LEXIS 33596,
N.D. Ill., May 15, 2006. Pro se plaintiff sued rental management company, alleging the company failed to accommodate her
mental disability when it evicted her for late rent. The court
dismissed the claim under the Rooker-Feldman doctrine because
plaintiff's FHA claim was inextricably intertwined with the debt
and eviction proceedings decided by the state court. NFHAO
Case ID: 2969
Cleveland v. Caplaw Enters., 2006 U.S. App. LEXIS 12053,
Second Cir., May 15, 2006. Two African-American males sued
apartment building's owner for the alleged discriminatory actions
of its agent. Trial court dismissed the complaint on the pleadings, concluding that plaintiffs did not plead sufficient facts to
hold the owner of the building vicariously liable. Appeals court
vacated and remanded. NFHAO Case ID: 2970
Delkhah v. Moore, 2006 U.S. Dist. LEXIS 31087, D. Kan., May
15, 2006. Plaintiff sued the Kansas Division of Housing Development and one of its employees for allegedly discriminating
against him in public housing based on his national origin and
for retaliation. Court granted summary judgment to the defendants, finding that the Department and its employee did not take
any of the actions the plaintiff alleged were discriminatory.
NFHAO Case ID: 2971
Turner v. HUD, 2006 U.S. App. LEXIS 13409, 3rd Cir., May
Klan leader’s home sold to
pay judgment to journalists
T
wo television journalists who were held at gunpoint by
Klan officials received compensation from the sale of the
Klan leader's house, concluding a six-year legal battle
waged by the Southern Poverty Law Center.
“The goal of our lawsuit was to get compensation for our
clients and put Jeff Berry out of business, and it succeeded,” said
Center Legal Director Rhonda Brownstein. “Berry went to prison,
and his Klan organization was dismantled.”
In January 2000, Berry's American Knights of the Ku Klux
Klan was the nation's largest and most aggressive Klan group,
with 27 chapters in 13 states. Today, there are none.
June 2006
31, 2006. Plaintiff brought an action against HUD over its alleged failure to properly rule on a housing discrimination she
filed with HUD against her landlord. The trial court dismissed
the case, ruling that the Administrative Procedure Act did not
provide for judicial review of HUD's determination. The appeals court affirmed the dismissal. NFHAO Case ID: 2978
Xiangyuan Zhu v. Gonzales, 2006 U.S. Dist. LEXIS 26903, D.
D.C., May 8, 2006. Pro se plaintiff sued Attorney General Alberto
Gonzales and several Kansas state officials, including state
judges, alleging they had treated her unfairly on the basis of her
national origin and sex following her filing of a discrimination
complaint with HUD. The Court dismissed her complaint for
lack of subject matter jurisdiction over the Attorney General,
improper venue and failure to state a claim upon which relief can
be granted. NFHAO Case ID: 2983
What’s that NFHAO Case Database ID? Subscribers to the
National Fair Housing Advocate Online Case Database at
http://www.fairhousing.com can now simply enter the case
ID number on the case search page to go directly to the full
text of these cases.
What’s the NFHAO Case Database? The NFHAO Case Database is the most comprehensive and affordable fair housing
case database on the Internet, and it’s far more economical than
major online legal resources like Lexis and Westlaw.
I don’t have a subscription to the NFHAO Case Database
yet, and I want one! Yes, you do! Our very low annual rates
are $100 per year for a sole practitioner, $150 per year for
two to five users and $300 per year for six to 10 users. Please
note that the NFHAO Case Database is a separate service
from this newsletter.
How do I sign up for the NFHAO Case Database? Just go
to http://www.fairhousing.com/casedatabase and follow
the instructions.
The journalists, George Sells IV and Heidi Thiel, were covering Klan activity for Louisville television station WHAS in
November 1999 when they went to Berry’s Butler, Ind., home to
interview him. Berry became enraged when he learned the pair
intended to also interview a former Klan member who had renounced racism, and several followers detained the journalists
with a shotgun until they surrendered their videotapes.
Center lawyers won a $120,000 default judgment for false
imprisonment and terroristic threatening.
Berry had been accused of crimes prior to 1999, but he had
always avoided prison, partly by becoming a police drug informant supposedly responsible for 70 arrests. When Sells and Thiel
reported the 1999 incident to police, authorities declined to arrest Berry or charge him.
“The Center allowed us a venue to try and rectify a situation
where we were held hostage and had our tapes stolen,” Thiel
NATIONAL FAIR HOUSING ADVOCATE
12
continued on page 13
Burrell v. Chi. Hous. Auth., 2006 U.S. Dist. LEXIS 32702,
N.D. Ill., May 12, 2006. Pro se plaintiff's suit asserted that the
Chicago Housing Authority ("CHA"), HUD and other parties
had violated the Fair Housing Act and 42 U.S.C. § 1983 by engaging in systematic and ongoing discrimination in the provision and administration of Chicago public housing. Defendants
filed motion to dismiss for lack of standing, and the court granted
the motion because the plaintiff was not entitled to pursue claims
on behalf of the tenants' association of which he was president,
nor did he allege any injury to himself individually. NFHAO
Case ID: 2968
Ninth circuit decision
decriminalizes homelessness
he Ninth Circuit Court of Appeals issued a historic decision in
a case filed by the ACLU of Southern California (ACLU/SC)
and the National Lawyers Guild seeking an end to the criminalization
of people for sleeping on the streets when no shelter is available.
The decision in the case, Jones v. City of Los Angeles, was issued in April and marks the first time in a decade that a court has
struck down an ordinance that criminalizes the lack of shelter.
“Anyone who cares about homelessness and finding positive
solutions to this serious issue in our community will be delighted
and encouraged by this decision,” said Ramona Ripston, executive
director of the ACLU/SC. “The ACLU has always maintained that
police should target serious crime like rape and drug trafficking and
not criminalize people for sleeping on the street when there is nowhere else to go.”
Citing news articles from The New York Times and the Los Angeles Times, including a recent front-page series on homelessness,
Judge Kim M. Wardlaw -- writing for the majority -- ordered the
District Court to create a narrow injunction to stop enforcement of
a Los Angeles city code that allows police to arrest people for sleeping on the street even when there are no available shelter beds.
“The Eighth Amendment prohibits the City from punishing involuntary sitting, lying, or sleeping on public sidewalks that is an
unavoidable consequence of being human and homeless without
shelter in the City of Los Angeles,” Judge Wardlaw wrote.
ACLU/SC Legal Director Mark Rosenbaum, who argued the
case in December 2005 called the decision brave. “This decision is
the most significant judicial opinion involving homelessness in the
history of the nation,” Rosenbaum said. “The decision means in
Los Angeles, it is no longer a crime to be homeless. For homeless in
our community, one-fifth of whom are veterans and nearly a quarter
of which are children, they can no longer be treated as criminals
because of involuntary acts like sleeping and sitting where there are
not available shelter beds to take them off the mean streets of the
city. My hope is that the city will now treat homelessness as a social
problem affecting all of us, not as a crime.”
The case, originally filed in February 2003 by the ACLU of
Southern California and Carol Sobel for the National Lawyers Guild,
sought to end the enforcement of Section 41.18 (d) of Los Angeles
City Code.
In Los Angeles County, at least 88,000 men, women and children - 8,000 to 10,000 in Downtown Los Angeles alone - are without homes.
said. “Without the Center pursuing it, I don’t know that any criminal
action would have followed.”
Almost a year after the Center brought its lawsuit, prosecutors
decided to charge Berry with five felonies. In the end, he pleaded
guilty to conspiracy to commit criminal confinement with a deadly
weapon in return for the dropping of other charges. He served almost four years of a seven-year sentence.
Although Berry had few assets, the Center pursued all avenues
for collecting the judgment to ensure he would feel its full sting. He
tried to transfer his home to his girlfriend, but the Center blocked
the transfer.
In early April, the house was sold, and Theil and Sells each received $6,500 from the sale.
“It definitely wasn’t about the money,” Thiel said. “For me, it
looked like he was going to get away with using a weapon to hold us
hostage. To let him go unpunished did not make sense.”
June 2006
photo: Leroy Skalstad
T
The American homeless population is estimated to be between
800,000 and 2.5 million. In Los Angeles, 20 percent of homeless
persons are military veterans, and 25 percent are children.
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NATIONAL FAIR HOUSING ADVOCATE
13
Fifth Third Bank settles northern Kentucky mortgage
discrimination case for $125,000, plus land donations
N
anette Bishop, an African American tice of denying loans to African American
homebuyer in Newport, Ky. has applicants in Detroit and systematiwon a $125,000 settlement from cally targeting their marketing
Cincinnati-based Fifth Third Bank after al- campaigns to avoid reaching
leging she was denied a mortgage because black consumers.
of her race.
Fifth Third paid a $3.2
In 2003, Bishop applied for an $70,000 million monetary settlemortgage on a home worth $130,000. Her ment to resolve the case against Old Kent.
application was denied.
They also agreed to undertake an affirmaFifth Third told Bishop that she failed to tive marketing campaign to reach more
meet their underwriting guidelines, but she felt black consumers.
that the only reason she had
In a telephone interview
been turned down was bewith the National Fair Houscause she African American.
ing Advocate, Bishop said that
Bishop filed a fair housshe sent letters pleading for
ing complaint with the U.S.
help to everyone she could
Department of Housing and
think of after her loan appliUrban Development, allegcation was rejected. “I sent
ing racial discrimination.
letters to the governor of KenDuring the investigation,
tucky, HUD, the NAACP and
HUD investigators deteranyone else I thought might be
mined that whites with
able to help me. The goverworse credit than Bishop
nor was associated with this
had been given mortgage
homebuyer program I was goloans before and after
ing through, and I thought he
Bishop applied.
should know what the banks
In addition to the cash
were doing to the people in the
payment to Bishop, Fifth
program.”
Third also agreed to donate
Kim Kendrick, Assistant
three homes in the greater Secretary for Fair Housing and COMPLAINANT FACED
Cincinnati area to charity Equal Opportunity, U.S. HURDLES WITH HUD
as well as $10,000 in cash Department of Housing and
HUD’s Region IV Office
for each home for repairs Urban Development
of Fair Housing and Equal Opor remodeling.
portunity in Atlanta accepted
Fifth Third will also increase its commu- and investigated Bishop’s complaint. Bishop
nity lending program for low to moderate told the Advocate she was happy with the
income borrowers from $5 million to $7 settlement, but that the investigation into her
million in northern Kentucky. The bank will case was a “three-year ordeal with HUD
also sponsor 35 first-time homebuyer semi- losing my paperwork and my calling them
nars and 24 financial literacy classes.
week after week.”
“Americans deserve to be treated fairly
Bishop said that Roger Gilliam, the inwhen they attempt to obtain a mortgage - vestigator assigned to her case, did not bethe biggest financial commitment most of us lieve her allegations at first. “I know that
will ever make,” said Kim Kendrick, HUD's he’s supposed to be impartial,” she said, “but
Assistant Secretary for Fair Housing and he just kept asking me things like ‘Why
Equal Opportunity. “Through this settlement, would they discriminate against you? Why
Ms. Bishop has been compensated for the would they do that? It doesn’t make sense.’”
harm she suffered.”
“It was a struggle with him (Gilliam),”
Bishop said, “but he stuck in there with me
FIFTH THIRD SETTLED LENDING DISCRIMINATION
and ended up doing a good job.”
SUIT AGAINST SUBSIDIARY IN 2004
In 2004, Fifth Third settled racial dis- BISHOP KNEW SHE WAS QUALIFIED
crimination complaints from the U.S. DeIronically, Bishop was working in the
partment of Justice against Old Kent Bank. underwriting department for a rival bank
(Fifth Third acquired Old Kent after the Jus- at the time she applied for a mortgage with
tice lawsuit was filed.)
Fifth Third.
In that case, the Justice Department as“I knew that all my ducks were in a row
serted that Old Kent had a pattern and prac- and that I qualified,” she said. “I couldn’t
June 2006
NATIONAL FAIR HOUSING ADVOCATE
believe it when they came back and told me
no. I also couldn’t understand why they
wouldn’t let me come back and appeal their decision.”
Typically, fair housing
cases originating in Kentucky filed with HUD’s Atlanta office are referred to state or local human rights organizations. When asked why
this case had not been referred to the Kentucky Commission on Human Rights, Jereon
Brown, a HUD spokesperson, said he did
not know why the case had not been referred
but would find out. Brown had not provided
that information at press time.
COMPLAINANT DIDN’T EXPECT PUBLICITY
Bishop told the Advocate that she “could
not believe” that HUD had released her name
and the settlement amount in the case. She
said that she had been under the impression
that HUD would not give out any details
about her.
“It’s in the newspaper today. It’s on TV
and the radio. I couldn’t believe they would
put my name out there like that,” Bishop said.
Brown responded that HUD had not
made any promises to keep the settlement
private. “I don’t know why she would feel
that way. All this information is available
under the Freedom of Information Act, anyway,” he said.
Calls to Fifth Third’s headquarters in
Cincinnati were not returned. Other media
reports indicated that spokespersons for the
company would not comment on the case
other than to say that they were “pleased”
with the settlement.
-- Tony Baize
WANT MORE INFORMATION ABOUT LENDING
DISCRIMINATION IN THE UNITED STATES?
Check out the Urban Institute’s 1999
study, What We Know About Lending Discrimination in America, available for $10 at
www.huduser.org/publications/fairhsg/
lending.html.
Also available is HUD’s 2001 Residential Finance Survey. It can be freely downloaded www.huduser.org/datasets/rfs.html.
14
Justice Department files first sexual harassment
lawsuit under Equal Credit Opportunity Act
O
n April 26, Wan J. Kim, assistant at not list the names of the alleged victims in
torney general for the Justice the case not does it indicate how many vicDepartment’s Civil Rights Division, tims there may have been.
First National Bank has cried foul in its
announced the Department’s first ever filing of a sexual harassment lawsuit under the response to the lawsuit, and has asked that
the Justice Department
Equal Credit Opportunity
clarify its position and proAct (ECOA).
vide the names, locations
The federal comand injuries to the alplaint, filed in the U.S.
leged victims.
District Court for NorthAttorneys for the bank
ern Mississippi, accuses
also insisted that the Justice
William W. Anderson, a
Department had failed to
former vice president of
show why the bank as a corthe First National Bank of
poration was liable for the
Pontotoc, of sexually haalleged actions of Anderrassing female loan applison who left his employcants between February
ment with the bank in 2004.
1993 and May 2004.
The bank’s attorneys have
According to the
also argued that they need
complaint, Anderson alto know when the alleged
legedly made unwanted
sexual advances, includ- Wan J. Kim, Assistant Attorney actions took place to detering inappropriate sexual General for Civil Rights, United States mine if the Justice Department had filed its comtouching and requests for Department of Justice
sexual favors, on female applicants and ac- plaint within the statute of limitations period.
Anderson has not yet responded to
count holders at the bank.
The Justice Department complaint does the lawsuit.
“Sexual harassment is against the law
and will not be tolerated in the lending
industry,” Kim said at a press conference.
“The lawsuit filed ... is part of a continuing effort by the Department of Justice to
enforce every aspect of the Equal Credit
Opportunity Act.”
The ECOA protects consumers engaged
in credit transactions from discrimination
based on race, color, national origin, religion, sex, marital status, and age.
ECOA complaints against banks are typically enforced by the Federal Deposit Insurance Corporation or the Office of Thrift Supervision. It is unclear if the complaints
against Anderson and First National were
referred to Justice by one of those agencies
or if this complaint resulted from a Civil
Rights Division investigation. Calls and emails to Justice’s public affairs division were
not returned before finalization of this publication.
The First National Bank of Pontotoc is
an institution that focuses on residential real
estate and consumer loans. The Bank's portfolio includes approximately 9,600 loans
with a value of $151.5 million.
California apartment complex agrees to $80,000
settlement in HIV/disability discrimination case
he California Department of Fair Employment and Housing (DFEH)
helped to broker an $80,000 settlement of a disability discrimination complaint
filed by an HIV-positive man against a Los
Angeles landlord who refused to make a reasonable accommodation.
The complainant, whose name has been
withheld upon request, asked that his landlord accept third party rental assistance
checks to help pay for a portion of his rent.
The landlord refused and initiated eviction proceedings.
The tenant filed a complaint with DFEH
in February 2004.
“Landlords have a legal obligation under California law to provide reasonable accommodation for tenants with disabilities,”
said DFEH Director Suzanne M. Ambrose.
“Something as reasonable as accepting a
third party check to pay the rent of an person with HIV does not impose an economic
hardship for a housing provider.
“It is unfortunate that instances exist
where landlords either ignore or are unaware
T
of their responsibility to provide reasonable ant contacted the Housing Rights Center, a
accommodation for individuals with disabili- nonprofit organization that deals with housing discrimination. The Housing Rights Centies,” Ambrose added.
The tenant had lived in the
ter sent letters to the landlord
southern California rental unit
on behalf of the tenant requestsince 1997. In November of
ing a reasonable accommoda2002, a new trustee/landlord
tion to accept the rental assistook control of the apartment
tance payments.
building . Due to ill health, the
The landlord refused the
tenant had to stop working and
reasonable accommodation rewas receiving only state disabilquests. The landlord returned
ity benefits.
the third party checks, served
State benefits were not
three-day notices and an unenough to cover his rent and
lawful detainer complaint, reexpenses each month; so, he obfused alternative tender of cash
tained the assistance of a social
rent, and ultimately evicted the
services organization that pro- Suzanne Ambrose, director, tenant from the rental unit.
vides rental assistance payments California Department of
The respondent then sold
Fair Employment and the property while the eviction
for persons with HIV/AIDS.
Housing
The respondent refused to acwas in progress.
cept the rental assistance payments from the
Prior to pretrial motions and a scheduled
social services organization because the jury trial on the case, the parties reached a
checks could only be made payable to the le- settlement. The landlord agreed to pay the tengal owner, a trust, instead of to the trustee.
ant $80,000. The respondent will no longer
In March 2003, facing eviction, the ten- be involved in the rental of apartments.
June 2006
NATIONAL FAIR HOUSING ADVOCATE
15