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This case concerned a U.S. Department of Justice (DOJ) Civil Rights Division investigation that the City of Anoka, Minnesota violated the Americans with Disabilities Act (ADA) and the Fair Housing Act (FHA) by denying tenants with mental health disabilities an equal opportunity to use the emergency response service
On November 7, 2023, the investigation found that the city's "crime free" housing ordinance discouraged people with mental health disabilities from calling emergency response services for help because of the risk calling would pose to their current or future housing prospects.
Under the ordinance, the city could penalize landlords for broadly defined “nuisance calls” to their properties. The city could issue fines and revoke the landlord’s license if the landlord did not pursue eviction after such nuisance calls. When tenants with mental health disabilities and those associated with them (like their families or landlords) requested or received emergency assistance, they risked eviction, fines or loss of a rental license.
For years, the city also sent weekly reports to licensed landlords detailing all calls for emergency service from all rental properties. Along with a general description, each report included the name and address of those involved and often revealed personal and sensitive information about the person’s mental health disabilities, such as their diagnoses, medications and names of psychiatric or medical providers. Some even shared intimate details about suicide attempts. The city used these reports to notify landlords of potential nuisance calls and encourage landlords to evict tenants. Furthermore, the city often did not enforce the ordinance against people without mental health disabilities who made frequent emergency calls.
In its letter of findings, the DOJ outlined several remedial measures the city would be required to take to comply with the ADA and FHA. Specifically, the city needed to amend or clarify its nuisance ordinance to specifically prohibit discrimination and cease the discriminatory actions against people with mental health disabilities and those associated with them. The city also needed to remove identifying information pertaining to mental health disabilities from its reports to landlords. Finally, the city needed to train all personnel in ADA compliance and appoint an ADA coordinator to oversee ADA compliance going forward.
A consent decree was entered on May 21, 2024 to institute the above remedial measures and will be in effect for thirty-six (36) months.
As of October 23, 2024, the matter was ongoing.
Summary Authors
Terry Howard (1/2/2024)
Herman Gonzalez (10/23/2024)
Golabek-Goldman, Sarah (Minnesota)
Goldman, Sarah Anne (Minnesota)
Kim, Christine (Minnesota)
Purinton, Anna (Minnesota)
Kuboushek, Jason J. (Minnesota)
State / Territory: Minnesota
Case Type(s):
Key Dates
Case Ongoing: Yes
Plaintiffs
Plaintiff Description:
The U.S. Department of Justice Civil Rights Division Disability Rights Section
Plaintiff Type(s):
U.S. Dept of Justice plaintiff
Attorney Organizations:
U.S. Dept. of Justice Civil Rights Division
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Defendant Type(s):
Case Details
Causes of Action:
Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
Fair Housing Act/Fair Housing Amendments Act (FHAA), 42 U.S.C. §§ 3601 et seq.
Special Case Type(s):
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Court Approved Settlement or Consent Decree
Content of Injunction:
Develop anti-discrimination policy
Provide antidiscrimination training
Amount Defendant Pays: 175,000
Order Duration: 2024 - None
Issues
General/Misc.:
Disability and Disability Rights:
Discrimination Area:
Discrimination Basis: