NAACP Issues Florida Travel Advisory, Joining Latino and LGBTQ+ Groups
- At May 23, 2023
- By fhfla
- In News
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Washingtom DC—- The NAACP Board of Directors has issued a formal travel advisory for the state of Florida. In a statement last Saturday the NAACP said that the travel advisory was in “direct response to Gov. Ron DeSantis’s aggressive attempts to erase Black history and to restrict diversity, equity and inclusion programs in Florida schools.”
The NAACP joins the League of United Latin American Citizens, a civil rights organization that issued a Florida travel warning last Wednesday, and Equality Florida, a gay rights advocacy group that issued one last month.
The formal travel notice states, “Florida is openly hostile toward African Americans, people of color and LGBTQ+ individuals. Before traveling to Florida, please understand that the state of Florida devalues and marginalizes the contributions of, and the challenges faced by African Americans and other communities of color.”
“Let me be clear – failing to teach an accurate representation of the horrors and inequalities that Black Americans have faced and continue to face is a disservice to students and a dereliction of duty to all,” said NAACP President & CEO Derrick Johnson. “Under the leadership of Governor Desantis, the state of Florida has become hostile to Black Americans and in direct conflict with the democratic ideals that our union was founded upon. He should know that democracy will prevail because its defenders are prepared to stand up and fight. We’re not backing down, and we encourage our allies to join us in the battle for the soul of our nation.”
The travel advisory was initially proposed to the Board of Directors by NAACP’s Florida State Conference. NAACP’s collective consideration of this advisory is a result from unrelenting attacks on fundamental freedoms from the Governor and his legislative body.
“Once again, hate-inspired state leaders have chosen to put politics over people. Governor Ron DeSantis and the state of Florida have engaged in a blatant war against principles of diversity and inclusion and rejected our shared identities to appeal to a dangerous, extremist minority,”said Chair of the NAACP Board of Directors, Leon Russell. “We will not allow our rights and history to be held hostage for political grandstanding. The NAACP proudly fights against the malicious attacks in Florida, against Black Americans. I encourage my fellow Floridians to join in this fight to protect ourselves and our democracy.”
DOJ Settles COVID-Era Disability Discrimination Case Against a Continuing Care Community
- At May 22, 2023
- By fhfla
- In News
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The Department of Justice has announced the settlement of a HUD election case that requires sweeping reasonable accommodation policies applicable to eight continuing care communities (also known as CCRCs) where elderly residents have access to a continuum of health care, including residential living, assisted living, and skilled nursing care.
Relman Colfax filed an administrative complaint on behalf of Ruth Gural and her son Harry Gural with HUD on August 5, 2020, alleging that the owners and operators of the RiverWoods Senior Living Community in Lewisburg, Pennsylvania, violated the Fair Housing Act. That complaint alleged that after years of living peacefully in her own apartment, RiverWoods threatened to evict Ruth who had progressive memory loss and needed assistance with activities of daily living because Harry insisted on staying with her—beginning in March 2020—to provide her care and support and to protect her from COVID during the pandemic, when RiverWoods barred family, friends and private caregivers from even visiting residents.
On January 12, 2022, the U.S. Department of Housing and Urban Development (HUD) issued a Determination and Charge in the case against Albright Care Services and Asbury Communities, Inc., operators of Riverwoods and seven other continuing care communities for discriminating against Ruth as a person with disabilities who needed support from her son who stayed with her as a live in aid throughout the COVID pandemic.
HUD said that the ongoing COVID-19 pandemic made it reasonable for the Gurals not to rely on third-party aides who could present a risk to Ruth’s health and would not create an undue financial and administrative burden or alter the nature of RiverWoods’ program. The Gurals elected to have the case referred to the United States Department of justice for federal court prosecution.
On April 11, 2023, the Department of Justice announced that the case had been settled, with a Consent Decree that requires Albright and Asbury to adopt reasonable accommodation policies at all eight of Asbury’s continuing care retirement communities, make changes in their Handbooks and Resident Agreements to reflect the availability of reasonable accommodations, and provide notice and training to all of Albright and Asbury’s owners, principals, executives and upper management and senior leadership, including their sales and marketing departments, about the Consent Order and the policies. Harry Gural and the Estate of Ruth Gural received $215,000 in damages and attorneys’ fees under the settlement.
The Relman Colfax team consists of Reed Colfax and Sara Pratt, with paralegal assistance from Margaret Moran.
A copy of the DOJ Complaint, Consent Decree and Press Release are here.
Join our live webinar to celebrate the 55th Anniversary of the passage of the Historic Fair Housing Act of 1968
- At April 12, 2023
- By fhfla
- In News
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REGISTER HERE: CLICK ON THIS LINK NOW
Lawsuit Alleging Racial Discrimination by Bank of America in Its Maintenance of Foreclosed Homes Allowed to Proceed
- At April 04, 2023
- By fhfla
- In News
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Washington, D.C. — A federal court has found that the National Fair Housing Alliance (NFHA), Fair Housing Center of the Greater Palm Beaches (FHC) and 18 other fair housing organizations have presented sufficient evidence that Bank of America discriminated based on race in its maintenance and marketing of foreclosed-upon properties for the case to go to a jury. Judge Stephanie A. Gallagher of the U.S. District Court for the District of Maryland resoundingly rejected Bank of America’s attempt to have the Fair Housing Act case dismissed.
NFHA, FHC and 18 other fair housing organizations, and two homeowners in Maryland filed the lawsuit in 2018 against Bank of America, N.A., and its maintenance vendor, Safeguard Properties Management, LLC. The lawsuit alleges that for over a decade, across 37 different metropolitan areas, Bank of America and Safeguard failed to maintain and market bank-owned homes in Black and Latino neighborhoods as well as in majority-White neighborhoods. Properties in Black and Latino neighborhoods were three times more likely to have significant maintenance or marketing deficiencies.
“We are thrilled that the court has recognized the merits of our thorough investigation and concluded that the evidence of discrimination should go to a jury,” said Lisa Rice, President and CEO of NFHA. “Other national banks and financial institutions, such as Fannie Mae and Wells Fargo, have chosen to collaborate with us to remedy racial disparities in maintenance and marketing of bank-owned homes. Unfortunately, Bank of America has chosen contentious litigation over problem solving, which is completely at odds with the bank’s stated commitment to advancing racial justice.”
Prior to filing the lawsuit the fair hosuing organizations investigated the exterior maintenance and marketing of more than 1,400 Bank of America-owned homes in working- and middle-class White, Black, and Latino neighborhoods. The investigation found consistently poor maintenance and marketing practices by Bank of America and Safeguard in communities of color. Bank-owned homes in these areas were significantly more likely to have deficiencies like overgrown grass, broken windows, unsecured doors, unsecured and poorly maintained pools, and accumulated trash.
The plaintiffs are represented by Brown, Goldstein & Levy, LLP, a Baltimore-based law firm.
