housing discrimination Law News in Missouri & Illinois - Kennedy Hunt, P.C.

Iowa Law Review: Segregation Autopilot: How the Government Perpetuates Segregation and How to Stop It

Kennedy Hunt, P.C. — Wed, 09 Nov 2022 00:48:36 +0000

The ongoing impacts of segregation are felt in so many ways in America, especially housing.

A new article published in the Iowa Law Review examines how the federal government – from the Department of Housing to the Department of Defense – perpetuates housing segregation. Heather Abraham, Director of the Civil Rights & Transparency Clinic at SUNY-University at Buffalo School of Law, writes that the government largely enables segregation in three ways: its spending, failure to enforce housing laws, and failure to update programs to create fair housing.

What’s more, the author writes that the government runs on “autopilot” and continues to reinforce segregation by not breaking its discriminatory habits of the past.

The author does offer solutions to the perpetuated housing segregation in this country. These include: internal audits and assessments, more regulations, studies on how government actions affect racial equity, and increased coordination between agencies to support a shared goal of housing equity. Read the full article here.

As a civil rights law firm dedicated to fair housing, our skilled attorneys fight to ensure our clients are awarded the fair housing rights they’re entitled to. If you or someone you know has been a victim of housing discrimination, we may be able to help you. Fill out a questionnaire so we can understand your claim.

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Coffee & Core Concepts CLE

Kennedy Hunt, P.C. — Sun, 18 Feb 2018 19:10:06 +0000

On February 15, 2018, Sarah Jane Hunt gave a presentation called “Trying a Housing Discrimination Case” for the Missouri Bar Association. The presentation focused on the Fair Housing Act.

The Fair Housing Act was enacted in 1968. It protects people from discrimination when they are renting, buying, or securing financing for housing. The presentation provided background on the Fair Housing Act and discussed what practices are prohibited under the Act, as well as the type of evidence required to succeed under the Act.

The presentation can be viewed here.

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Filing against the City of Springfield, IL

Kennedy Hunt, P.C. — Sun, 10 Sep 2017 22:08:04 +0000

On December 22, 2016, the Kennedy Hunt, P.C., III filed suit against the Defendant, city of Springfield, Illinois, under the Fair Housing Act, the Americans with Disabilities Act, and Section 504 of the Rehabilitation Act. The lawsuit alleges that Springfield’s zoning ordinance discriminates against individuals with disabilities. The ordinance allows up to 5 unrelated individuals to live in a single family home together as a “family.” However, individuals with disabilities are not allowed to do so if they are within 600 feet of another home housing individuals with disabilities. The Complaint can be read here.

The federal Fair Housing Act prohibits discrimination in housing based on disability, race, color, religion, national origin, sex, and familial status. The Americans with Disabilities Act and Section 504 of the Rehabilitation Act prohibits discrimination on the basis of disability.

Plaintiff Individual Advocacy Group (“IAG”), provides housing services to adults with developmental disabilities. IAG contracts with landlords and provides in-home services to support individuals with disabilities so they can live in the community rather than an institution. Three IAG consumers live together in a home in Springfield. These individuals have severe disabilities and have extremely limited options for housing outside of institutionalization.

In 2016, the zoning administrator for the City of Springfield informed the residents of the home they were in violation of the Springfield zoning code because they were located within 600 feet of a group home. The zoning administrator told the residents they would need a special use permit to continue living in their home. The residents applied for the special use permit but were subsequently denied.

Our office filed a lawsuit after the permit was denied, arguing that refusing to grant a special use permit constitutes a failure to accommodate under the Americans with Disabilities Act, since Springfield would not alter their policies to accommodate our clients, who are individuals with disabilities, to allow them an equal opportunity to dwell in a residential neighborhood. Further, the lawsuit argues that the City’s ordinance discriminates against persons with disabilities on its face by applying the term “family” differently to persons with disabilities. The lawsuit states Springfield has chosen to interpret the term “family” in a variety of ways over the years, to pick and choose which groups of people are allowed to live together in residential areas.

This lawsuit seeks to prevent Springfield from enacting and enforcing these discriminatory zoning ordinances and policies, promoting individuals with disabilities to live independently within our communities and outside of institutions.

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