On July 15, HUD
released a
charge of discrimination on behalf of a complainant against several respondents, including a mortgage lender and its agent (an appraisal management company), for allegedly discriminating against the complainant based on race and color in violation of the Fair Housing Act (FHA). The complainant, who is Black, first filed a complaint with the Colorado Civil Rights Division in April 2021, and HUD reactivated the complaint in June 2021, with the Colorado Civil Rights Division’s approval after investigating the case further.
The charge of discrimination stated that an independent home appraiser, contracted by the appraisal management company, valued the complainant’s property at $640,000. This amount was significantly lower than the appraisals the complainant received on her home both eight months prior – $860,000, and from 2018, $750,000 – despite the complainant making updates to the property and housing prices rising in her area. After speaking with the mortgage lender about the allegedly discriminatory valuations, the mortgage lender told the complainant that she could either proceed with her loan application using the appraised value or have the lender deny the loan application and refer her to the client relations department. The lender ultimately canceled the complainant’s loan application. At the same time, she pursued her discrimination claim, even though the complainant had told the lender that she did not want them to terminate her application.
HUD charged that all respondents violated sections 804(b) and 805 of the FHA by allegedly discriminating against the complainant on the basis of race or color (i) in connection with providing services with the sale of a dwelling, and (ii) in the terms or conditions of a residential real-estate related transaction. Further, HUD charged that the lender violated Section 805 of the FHA by discriminating by making available a residential real estate transaction due to race or color. HUD also charged the lender violated Section 818 of the FHA by allegedly interfering with the complainant by retaliating against her because she reported a discriminatory housing practice.
HUD asked the court to enjoin respondents from any future discriminatory actions based on race and color, mandate that respondents take all affirmative steps to remedy these effects, award full damages to the complainant, and assess a civil penalty against each respondent.