Filed Date: Oct. 23, 2020
Closed Date: June 17, 2021
Clearinghouse coding complete
Plaintiffs, a former resident of the Harford Place Apartments, and a fair housing organization, filed a lawsuit on October 23, 2020 against the owners and managers of the Harford Place Apartments, an affordable housing complex, alleging discrimination on the basis of disability in violation of the federal Fair Housing Act and related state laws. The plaintiffs were represented by Indiana Disability Rights (the Protection and Advocacy agency for Indiana) and Brancart & Brancart of Loma Mar, California. Both defendants were represented by Delk McNally LLP of Muncie, Indiana. Judge Holly A. Brady, United States District Court, Northern District of Indiana, Fort Wayne Division, presided over the case.
Plaintiffs sued both Harford Place, L.P., an Indiana limited partnership, which owns the Harford Place Senior Apartments and CrownPointe Communities, LLC, an Indiana limited liability company, which manages the Harford Place Senior Apartments. They sought monetary, declaratory, and injunctive relief.
The Harford Place Apartments are part of a senior campus known as CrownPointe of Harford City, which provides affordable housing for seniors. The plaintiff qualifies as a person with a disability within the meaning of the federal Fair Housing Act, 42 U.S.C. § 3602(h). Her daughter, provides her with the support she needs to maintain her independence.
In March 2019, the plaintiff and her daughter submitted applications to move into Harford Place Apartments. The application packet provided described Harford Place as an “Independent Living Community, a part of the Crown Pointe Communities Campus, for individuals age 55 and over.” Their applications were approved in April 2019 and the plaintiffs moved in to two nearby units.
The Harford Place Apartments provide no residential care or licensed services. The rules and regulations at the Harford Place Apartments provide: “This property is Independent Living. When a Resident is no longer able to live independently, the family of the Resident must report their condition to the Manager. When a Resident is admitted to the Hospital or Nursing Home the family must report this change to the Manager.”
In early August 2019, plaintiff received a new form attached to their rent receipts entitled “Mandatory Relocation.” The form came with a handwritten note, “Please sign and return,” and included a second page entitled “Mandatory Relocation Acknowledgment Form.” The Mandatory Relocation form, distributed in August 2019, stated Harford Place’s occupancy policy:
“This is a community for independent older adults. In order to maintain Harford Place, the residents must be able to live independently. Any assistance with activities of daily living must be limited in scope and duration. The interpretation of this policy rests exclusively with the Management of Harford Place. If the physical/mental status [of a resident] does not meet these criteria, relocation may be initiated. . . Each resident may be assessed, at the resident’s expense, if needed to ensure that the resident’s physical/mental condition continues to meet the criteria for independent living. If the resident’s needs are such that they are unable to be appropriately met by intermittent outside services, relocation to an appropriate setting will be addressed with the resident and family members.’
Per plaintiffs’ complaint, the “Mandatory Relocation form” threatened to evict residents who failed to meet defendants’ criteria for independent living. Plaintiff worried that she might not meet each of the criteria listed in the policy to avoid eviction and that the policy gave exclusive discretion to Harford Place’s owners and managers evict her, leaving her with no place to go.
Plaintiff refused to sign the form. On April 2, 2020, Harford Place’s manager distributed the annual recertification packets for tenants to re-certify eligibility for their subsidized units at Harford Place. The packet included the “Mandatory Relocation” policy and the “Mandatory Relocation Acknowledgment Form.” Plaintiff decided that her best option was to move out of Harford Place. She and her daughter vacated their units at Harford Place at the end of May 2020.
Plaintiff's complaint included the following claims: disparate treatment, interference and discriminatory statements in violation of the Fair Housing Act; invasion of privacy, pursuant to a policy or practice that compelled disclosure of her personal, privacy, medical information; breach of quiet enjoyment of a dwelling; and breach of the duty of care, by Defendant’s failing to supervise employees and agents.
The relief sought included: compensatory and punitive damages; injunctive relief requiring an end to defendants’ discriminatory housing practices and requiring defendants to take affirmative steps to counteract and cure their practices; a declaration that the defendants violated the applicable federal and related state laws; fees and costs.
The case settled pretrial on June 16, 2021 with the following terms: 1) an award of $35,000.00 in full settlement of all monetary claims; agreement to 2) comply with the requirements of the federal Fair Housing Act and to rescind any “independent living” policies; 3) to notify each tenant that no “independent living” policies apply; 4) to distribute a copy of HUD Fair Housing brochures and posters, and 5) to provide employees/managers with fair housing training.
The Consent Decree was set to remain in force for three years from June 16, 2021, with the court retaining jurisdiction for enforcement. It stated that "Upon expiration of the three-year period, this action shall be deemed dismissed with prejudice without the need for any further action by parties or the Court." The case is therefore closed.
Summary Authors
NDRN (4/26/2025)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/18568642/parties/fair-housing-center-of-central-indiana-inc-v-hartford-place-lp/
Brady, Holly Ann (Indiana)
Brancart, Christopher A (Indiana)
Crishon, Thomas E (Indiana)
Delk, Jason R (Indiana)
See docket on RECAP: https://www.courtlistener.com/docket/18568642/fair-housing-center-of-central-indiana-inc-v-hartford-place-lp/
Last updated July 13, 2025, 2:12 a.m.