Case: Williams v. Progress Residential, LLC

1:24-cv-02050 | U.S. District Court for the Southern District of Indiana

Filed Date: Nov. 20, 2024

Case Ongoing

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Case Summary

This class action lawsuit alleged racial discrimination in housing. On November 20, 2024, a Black resident of Indianapolis, on behalf of himself and others similarly situated, along with the Fair Housing Center of Central Indiana (FHCCI), filed a class action lawsuit in the United States District Court for the Southern District of Indiana. He was denied housing by Progress Residential based on his screening report, which included expunged convictions and a non-conviction record. Despite meeting…

This class action lawsuit alleged racial discrimination in housing. On November 20, 2024, a Black resident of Indianapolis, on behalf of himself and others similarly situated, along with the Fair Housing Center of Central Indiana (FHCCI), filed a class action lawsuit in the United States District Court for the Southern District of Indiana. He was denied housing by Progress Residential based on his screening report, which included expunged convictions and a non-conviction record. Despite meeting all other rental criteria, his application was automatically rejected. FHCCI, a non-profit dedicated to fair housing advocacy, investigated Progress Residential’s policies through test applications, recorded inquiries, and tenant surveys. Their findings confirmed that the company’s policy was applied nationwide. The plaintiffs sued Progress Residential, LLC, and its related entities under the Fair Housing Act (42 U.S.C. § 3601 et seq.) and the Indiana Fair Housing Law (Ind. Code Ann. § 22-9.5 et seq.). Represented by civil rights and housing law attorneys, the plaintiffs sought injunctive relief, monetary damages, and declaratory relief, claiming that Progress Residential's blanket ban on applicants with certain criminal histories disproportionately excluded Black renters.

The plaintiffs sought class certification to represent all Black applicants who were otherwise qualified to rent from Progress Residential but were denied due to the criminal history policy. The lawsuit specifically alleged that Progress Residential, the largest single-family rental home operator in the country, maintained a categorical policy of rejecting applicants with felony convictions within the past ten years, certain felonies regardless of time, or misdemeanors within the past three years. This policy was applied without considering mitigating circumstances, such as expungements or rehabilitation efforts. According to the plaintiffs, this practice had a racially disparate impact, as Black individuals are disproportionately represented in the criminal justice system. The plaintiffs argued that Progress’s policy violated federal and state fair housing laws by disproportionately excluding Black applicants and failing to adopt a less discriminatory alternative, such as individualized assessments. The lawsuit referenced U.S. Department of Housing and Urban Development (HUD) guidance, which warns against blanket criminal record bans due to their discriminatory effects.

Plaintiffs alleged violations of the Fair Housing Act (42 U.S.C. § 3601 et seq.) and the Indiana Fair Housing Law (Ind. Code Ann. § 22-9.5 et seq.) for adversely and disproportionately impacting Black individuals. They requested (1) class certification, (2) declaratory relief finding the defendants’ actions in violation of federal and state law, (3) injunctive relief to halt the policy, and (4) compensatory and punitive damages for affected individuals. As of the filing date, no rulings had been issued on motions for class certification, preliminary injunctions, or dispositive motions. The case remains ongoing.

On April 2, the Court granted the parties' stipulated motion to stay proceedings until May 23, 2025, while they engaged in mediation efforts. 

Summary Authors

Jillian Snyman (2/26/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/69393329/parties/williams-v-progress-residential-llc/


Judge(s)
Attorney for Plaintiff

Cate, Russell B. (Indiana)

Israni, Ellora Thadaney (Indiana)

Keyes, Matthew B. (Indiana)

Attorney for Defendant

Hawley, Terence N (Indiana)

LLC, PRETIUM PARTNERS, (Indiana)

Documents in the Clearinghouse

Documents in this case
1

1:24-cv-02050

Class Action Complaint

Nov. 20, 2024

Nov. 20, 2024

Complaint
29

1:24-cv-02050

Order

Feb. 28, 2025

Feb. 28, 2025

Order/Opinion
31

1:24-cv-02050

Order Granting Motion to Extend Stay

April 2, 2025

April 2, 2025

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/69393329/williams-v-progress-residential-llc/

Last updated Aug. 23, 2026, 4:33 a.m.

Docket for: WILLIAMS v. PROGRESS RESIDENTIAL, LLC
ECF Number Date Description Link
1 Nov. 20, 2024

COMPLAINT against All Defendants, filed by All Plaintiffs. (Filing fee $405, receipt number AINSDC-8431582) (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons)(Keyes, Matthew) (Entered: 11/20/2024)

1 Civil Cover Sheet

View on PACER

2 Proposed Summons

View on PACER

Clearinghouse
2 Nov. 20, 2024

NOTICE of Appearance by Matthew B. Keyes on behalf of Plaintiffs MARCKUS WILLIAMS, FAIR HOUSING CENTER OF CENTRAL INDIANA. (Keyes, Matthew) (Entered: 11/20/2024)

RECAP
3 Nov. 20, 2024

NOTICE of Appearance by Russell B. Cate on behalf of Plaintiffs MARCKUS WILLIAMS, FAIR HOUSING CENTER OF CENTRAL INDIANA. (Cate, Russell) (Entered: 11/20/2024)

RECAP
4 Nov. 20, 2024

MOTION for Attorney(s) Ellora Thadaney Israni to Appear pro hac vice (Filing fee $100, receipt number AINSDC-8432397), filed by Plaintiffs MARCKUS WILLIAMS, FAIR HOUSING CENTER OF CENTRAL INDIANA. (Attachments: # 1 Exhibit, # 2 Text of Proposed Order)(Keyes, Matthew) (Entered: 11/20/2024)

RECAP
5 Nov. 20, 2024

MOTION for Attorney(s) Lila Miller to Appear pro hac vice (Filing fee $100, receipt number AINSDC-8432459), filed by Plaintiffs MARCKUS WILLIAMS, FAIR HOUSING CENTER OF CENTRAL INDIANA. (Attachments: # 1 Exhibit, # 2 Text of Proposed Order)(Keyes, Matthew) (Entered: 11/20/2024)

RECAP
6 Nov. 20, 2024

MOTION for Attorney(s) Valerie Comenencia Ortiz to Appear pro hac vice (Filing fee $100, receipt number AINSDC-8432470), filed by Plaintiffs MARCKUS WILLIAMS, FAIR HOUSING CENTER OF CENTRAL INDIANA. (Attachments: # 1 Exhibit, # 2 Text of Proposed Order)(Keyes, Matthew) (Entered: 11/20/2024)

RECAP
7 Nov. 21, 2024

ORDER granting 4 Motion to Appear pro hac vice. Attorney Ellora Thadaney Israni for FAIR HOUSING CENTER OF CENTRAL INDIANA,Ellora Thadaney Israni for MARCKUS WILLIAMS added. The Court FURTHER ORDERS that Ellora Thadaney Israni must complete the process and procedure for pro hac vice admission in PACER, which includes requesting access to the courts Electronic Case Filing System (ECF), in accordance with Local Rule 83-6(b), by December 5, 2024. Signed by Magistrate Judge Crystal S. Wildeman on 11/21/2024. (Copy to Ms. Israni via US Mail.) (KAA) (Entered: 11/21/2024)

RECAP
8 Nov. 21, 2024

ORDER granting 5 Motion to Appear pro hac vice. Attorney Lila Miller for FAIR HOUSING CENTER OF CENTRAL INDIANA,Lila Miller for MARCKUS WILLIAMS added. The Court FURTHER ORDERS that Lila Miller must complete the process and procedure for pro hac vice admission in PACER, which includes requesting access to the courts Electronic Case Filing System (ECF), in accordance with Local Rule 83-6(b), by December 5, 2024. Signed by Magistrate Judge Crystal S. Wildeman on 11/21/2024. (Copy to Ms. Miller via US Mail.) (KAA) (Entered: 11/21/2024)

RECAP
9 Nov. 21, 2024

ORDER granting 6 Motion to Appear pro hac vice. Attorney Valerie Comenencia Oritz for FAIR HOUSING CENTER OF CENTRAL INDIANA,Valerie Comenencia Oritz for MARCKUS WILLIAMS added. The Court FURTHER ORDERS that Valerie Comenencia Ortiz must complete the process and procedure for pro hac vice admission in PACER, which includes requesting access to the courts Electronic Case Filing System (ECF), in accordance with Local Rule 83-6(b), by December 5, 2024. Signed by Magistrate Judge Crystal S. Wildeman on 11/21/2024. (Copy to Ms. Oritz via US Mail.) (KAA) (Entered: 11/21/2024)

RECAP
10 Nov. 22, 2024

Summons Issued to PRETIUM PARTNERS, LLC, PROGRESS RESIDENTIAL MANAGEMENT SERVICES, LLC, PROGRESS RESIDENTIAL PM HOLDINGS, LLC, PROGRESS RESIDENTIAL PROPERTY MANAGER, LLC, and PROGRESS RESIDENTIAL, LLC. (BAA) (Entered: 11/22/2024)

RECAP
11 Nov. 22, 2024

MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (BAA) (Entered: 11/22/2024)

RECAP
12 Nov. 22, 2024

Notice to File Rule 7.1 Disclosure Statement. (KLS) (BAA) (Entered: 11/22/2024)

RECAP
13 Nov. 22, 2024

PRACTICES AND PROCEDURES before Judge James R. Sweeney II. (BAA) (Entered: 11/22/2024)

RECAP
14 Dec. 2, 2024

CERTIFICATE OF SERVICE by MARCKUS WILLIAMS, FAIR HOUSING CENTER OF CENTRAL INDIANA re 10 Summons Issued, 1 Complaint (Attachments: # 1 Exhibit A)(Miller, Lila) (Entered: 12/02/2024)

1 Exhibit A

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RECAP
15 Dec. 11, 2024

NOTICE of Appearance by M. Patrick Yingling on behalf of Defendants PROGRESS RESIDENTIAL, LLC, PROGRESS RESIDENTIAL PM HOLDINGS, LLC, PROGRESS RESIDENTIAL MANAGEMENT SERVICES, LLC, PROGRESS RESIDENTIAL PROPERTY MANAGER, LLC, PRETIUM PARTNERS, LLC. (Yingling, M.) (Entered: 12/11/2024)

RECAP
16 Dec. 11, 2024

NOTICE of Parties' First Extension of Time re, filed by Defendants PROGRESS RESIDENTIAL, LLC, PROGRESS RESIDENTIAL PM HOLDINGS, LLC, PROGRESS RESIDENTIAL MANAGEMENT SERVICES, LLC, PROGRESS RESIDENTIAL PROPERTY MANAGER, LLC, PRETIUM PARTNERS, LLC. (Yingling, M.) (Entered: 12/11/2024)

RECAP
17 Dec. 20, 2024

Rule 7.1 Disclosure Statement by PROGRESS RESIDENTIAL, LLC, PROGRESS RESIDENTIAL PM HOLDINGS, LLC, PROGRESS RESIDENTIAL MANAGEMENT SERVICES, LLC, PROGRESS RESIDENTIAL PROPERTY MANAGER, LLC identifying Corporate Parent Pretium Partners, LLC for PROGRESS RESIDENTIAL MANAGEMENT SERVICES, LLC, PROGRESS RESIDENTIAL PM HOLDINGS, LLC, PROGRESS RESIDENTIAL PROPERTY MANAGER, LLC, PROGRESS RESIDENTIAL, LLC.. (Yingling, M.) (Entered: 12/20/2024)

RECAP
18 Dec. 23, 2024

Unopposed MOTION for Extension of Time to February 10, 2025 in which to 1 Complaint, 16 NOTICE of Parties' First Extension of Time, filed by Defendants PROGRESS RESIDENTIAL, LLC, PROGRESS RESIDENTIAL PM HOLDINGS, LLC, PROGRESS RESIDENTIAL MANAGEMENT SERVICES, LLC, PROGRESS RESIDENTIAL PROPERTY MANAGER, LLC, PRETIUM PARTNERS, LLC. (Attachments: # 1 Text of Proposed Order)(Yingling, M.) (Entered: 12/23/2024)

RECAP
19 Dec. 30, 2024

ORDER granting 18 Motion for Extension of Time to File an Answer to the Complaint to 2/10/2025. Signed by Magistrate Judge Crystal S. Wildeman on 12/30/2024. (JRB) (Entered: 12/30/2024)

RECAP
20 Jan. 2, 2025

ORDER SETTING INITIAL PRE-TRIAL CONFERENCE - The above case is hereby assigned for a TELEPHONIC INITIAL PRETRIAL CONFERENCE on 2/4/2025 at 10:30 AM (Eastern Time) before Magistrate Judge Crystal S. Wildeman. The information needed to participate in this telephonic conference will be provided by a separate notification. SEE ORDER. Signed by Magistrate Judge Crystal S. Wildeman on 1/2/2025.(KAA) (Entered: 01/02/2025)

RECAP
21 Jan. 23, 2025

NOTICE of Appearance by Christopher D. Wagner on behalf of Defendants PROGRESS RESIDENTIAL, LLC, PROGRESS RESIDENTIAL PM HOLDINGS, LLC, PROGRESS RESIDENTIAL MANAGEMENT SERVICES, LLC, PROGRESS RESIDENTIAL PROPERTY MANAGER, LLC, PRETIUM PARTNERS, LLC. (Wagner, Christopher) (Entered: 01/23/2025)

RECAP
22 Jan. 23, 2025

MOTION for Attorney(s) Terence N. Hawley to Appear pro hac vice (Filing fee $100, receipt number AINSDC-8510644), filed by Defendants PROGRESS RESIDENTIAL, LLC, PROGRESS RESIDENTIAL PM HOLDINGS, LLC, PROGRESS RESIDENTIAL MANAGEMENT SERVICES, LLC, PROGRESS RESIDENTIAL PROPERTY MANAGER, LLC, PRETIUM PARTNERS, LLC. (Attachments: # 1 Text of Proposed Order)(Hawley, Terence) (Entered: 01/23/2025)

RECAP
23 Jan. 24, 2025

ORDER granting 22 for Attorney(s) Terence N. Hawley to Appear pro hac vice. (SEE ORDER.) Signed by Magistrate Judge Crystal S. Wildeman on 1/24/2025. (TPS) (Entered: 01/24/2025)

RECAP
24 Jan. 27, 2025

Joint MOTION to Stay Case Proceedings and Deadlines and Continue Initial Pre-trial Conference, filed by Plaintiffs MARCKUS WILLIAMS, FAIR HOUSING CENTER OF CENTRAL INDIANA. (Attachments: # 1 Text of Proposed Order Joint Motion to Stay)(Miller, Lila) (Entered: 01/27/2025)

RECAP
25 Jan. 27, 2025

Joint MOTION for Extension of Time to March 12, 2025 for Response to the Complaint, filed by Plaintiffs MARCKUS WILLIAMS, FAIR HOUSING CENTER OF CENTRAL INDIANA. (Attachments: # 1 Text of Proposed Order for Extension of Time)(Miller, Lila) (Entered: 01/27/2025)

RECAP
26 Jan. 28, 2025

ORDER ON PENDING MOTIONS - granting 24 Motion to Stay; granting 25 Motion for Extension of Time to File. The Telephonic Initial Pre-Trial Conference set for February 4, 2025, is hereby VACATED and RESET to 3/31/2025 at 11:00 AM (Eastern Time) before Magistrate Judge Crystal S. Wildeman. The information needed to participate in this telephone conference will be provided by a separate notification. SEE ORDER. Signed by Magistrate Judge Crystal S. Wildeman on 1/28/2025.(KAA) (Entered: 01/28/2025)

RECAP
27 Feb. 26, 2025

Status Report

RECAP
28 Feb. 26, 2025

Stay

RECAP
29 Feb. 28, 2025

Order on Motion to Stay

RECAP
30 March 28, 2025

Status Report

RECAP
31 April 2, 2025

Order on Motion

RECAP
32 May 23, 2025

Stay

RECAP
33 May 28, 2025

Order on Motion to Stay

RECAP
34 June 27, 2025

Stay

RECAP
35 June 30, 2025

Order on Motion to Stay

RECAP
36 July 18, 2025

Status Report

RECAP
37 July 21, 2025

Order on Motion to Extend Deadlines

RECAP
38 July 25, 2025

Notice of Voluntary Dismissal

RECAP
39 July 28, 2025

Closed Dismissed

RECAP

Case Details

State / Territory:

Indiana

Case Type(s):

Fair Housing/Lending/Insurance

Key Dates

Filing Date: Nov. 20, 2024

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The named class plaintiff is a resident of Indiana who represents himself and similarly situated individuals. Plaintiff FHCCI is a not-for-profit corporation headquartered in Indianapolis, Indiana. FHCCI is dedicated to promoting safe, affordable, and accessible housing for all individuals. I

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

Private Entity/Person

Progress Residential, LLC

Defendant Type(s):

Single family housing provider

Case Details

Causes of Action:

Fair Housing Act/Fair Housing Amendments Act (FHAA), 42 U.S.C. §§ 3601 et seq.

Other Dockets:

Southern District of Indiana 1:24-cv-02050

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Granted:

None yet

Source of Relief:

None yet

Issues

Discrimination Area:

Housing Sales/Rental

Discrimination Basis:

Race discrimination

Affected Race(s):

Black

Recommended Citation