WHAT’S NEW AT FHLP?

(last updated April 19, 2007)

FHLP in the News

On December 26, 2006, FHLP Outreach Coordinator Nuemi Guzman was interviewed on the radio show “La Cliente” on 1360 AM.  Ms. Guzman discussed predatory lending to the Spanish-speaking audience.

FHLP Outreach Coordinator Reymundo Armendariz spoke about fair housing issues on a television show, NBC 11 Communidad Del Valle, on February 28, 2007.

On March 9, 2007, the Spanish newspaper “El Observador,” on its cover page, featured one of FHLP’s housing discrimination cases, regarding the racial and familial status discrimination at a condominium complex, which included quotes from FHLP Staff Attorney Kim Pederson. 

http://www.el-observador.com/mar9/index.html

The front page story of the San Jose Mercury News on Sunday, March 11, 2007, “The Harsh Side of the Housing Boom,” featured the stories of several FHLP clients and a quote from Directing Attorney Kerstin Arusha.  The story focused on victims of predatory lending. http://www.stg.dfw.com/mld/mercurynews/business/380_topstory_ut/16557377.htm

On March 12, 2007, KPIX-TV (our local CBS affiliate) ran a story about a FHLP client victimized by predatory lending and in danger of losing his home.  The story included an interview of Directing Attorney Kerstin Arusha.

http://cbs5.com/video/?id=21547@kpix.dayport.com

Recent Settlements

Trailer Park Cannot Discriminate Against Children

A family with a little girl attempted to rent a trailer as a temporary home while their house was being built.  The trailer park did not allow children as long term residents and charged extra for children staying short term.  The trailer agreed to change their policies, attend training, and pay $102,000 in compensatory damages and attorney fees.

National Origin Discrimination in Subsidized Housing Addressed

Manager at subsidized housing complex made derogatory statements to Mexicans (such as “Mexicans are dirty”) and imposed parking and other rules more strictly on Mexicans.  Complex had almost all Latino residents and manager herself was El Salvadorian.  After FHLP filed a federal court action on behalf of three residents, the management agreed that the manager would no longer be employed and paid $75,000 in compensation and attorney fees. 

Manager Speaks Out about Owner’s Discrimination

An apartment complex owner instructed the manager when renting the units, “Single professionals are best, then married, then married with one child.”  The manager reported this discrimination to Project Sentinel, who confirmed the owner’s different treatment of families with children through testing.  Prior to litigation, the owner settled with the former managers and a family that had been denied for $45,000.  The owner agreed to training and policy changes.

Settlement for Restrictive Rules and Retaliation

Tenant’s son was harassed when he would play outside at their large apartment complex.  The complex also had numerous rules.  When tenant complained to the manager’s supervisor, she was told her lease would not be renewed and that she should stop defaming the park.  Case settled for $41,000, plus injunctive relief.

Sexual Orientation Discrimination Addressed

Gay man was given eviction notice the day after he revealed his orientation to his landlord.  Landlord’s excuses for eviction did not stand up to scrutiny.  Case settled for $12,500.

The Docket

Federal Court

· C03-5432 JF (landlord discriminated against plaintiff for having children; confirmed by testing).

· C05-2905 HRL (mortgage broker and two lenders targeted numerous Latino homeowners for high-cost loans, using fraud, lack of Spanish translation of the documents, and fabrication of qualifications).  Co-counsel:  Public Interest Law Firm; Howrey LLP.

·  C06-1682 JW (nursing home refused to rent to patient who was HIV-positive because already had 4 HIV-positive residents). 

·  C06-2541 JF (senior Latino woman misled about terms of loan, had her documents backdated, and was denied her statutory right to cancel the loan).  Co-counsel:  DLA Piper Rudnick Gray Cary US LLP.

·  C06-3904 JW (two Latino families with children were harassed and not allowed to play outside).

· C06- 4253 JF (landlord targets tenants with mental health disabilities for his rooming house and then makes derogatory comments and fails to maintain the property).

·  C06-6323 JF (continuing care facility refused to allow woman to stay in independent living as a reasonable accommodation).  Co-counsel: Relman & Associates; AARP Foundation.

·  C06-6774 JW (Spanish-speaking couple was victimized by predatory broker and lender, who fabricated his loan application and documentation).  Co-counsel: Fish & Richardson P.C.

· C07-0087  JW (three Latino homeowners charged excessive fees, had different rules enforced, and were subject to racially-discriminatory comments by homeowner’s association).  Co-counsel: Morrison & Foerster LLP.

·  C07-0999 RS (single mother was discouraged from applying for housing; testing confirmed discrimination)

● C07-1571 RS (nine Latino households purchasing homes were victimized by same brokers, real agent agents, and “downpayment assistance” lender, who committed fraud and violated lending laws)

State Court

· 1-04-CV-25491 (mortgage company refused to lend to operator of licensed home day care).  Project Sentinel represented by Brancart & Brancart.

· 1-05-CV-36709 (elderly couple were tricked into signing over home, which was sold out from under them).  Co-counsel:  Manatt Phelps & Phillips LLP.

·  1-05-CV-48552 (low-income woman lured into loan she could not afford; broker forged documentation).  Co-counsel: Brancart & Brancart.

·  1-06-CV-64087 (writ to require County Recorder’s office to accept notices of rescission for deeds of trust).  Co-counsel:  Gibson, Dunn & Crutcher LLP.

·  1-06-CV-66454 (landlord discriminated against applicant based on sexual orientation).  Co-counsel: DFEH.

· 1-06-CV-74640 (landlord evicted tenant after discovering that tenant had a mental health disability).

· 1-06-CV-074346 (couple defrauded by equity purchaser disguised as a refinance).

· 1-07-CV-78773 (senior Filipino woman victimized by “deed theft” scam, losing title to her house). 

HUD (U.S. Department of Housing and Urban Development)

·  09-04-0458-8 (nursing home discriminated against applicant with HIV)

· 09-06-946-8 (manager yelled at children and refused to let them play outside)

DFEH (California Department of Fair Employment and Housing)

· H200506-Q-0031 (restrictive rules and steering for families with children)

· H200506-Q-0252 (manager harassed families with children)

·  H200506-Q-0434 (landlord refused reasonable accommodation request to waive lease requirement for tenant with emotional disability)