Filed Date: Nov. 20, 2024
Case Ongoing
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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.
Summary Authors
Jillian Snyman (2/26/2025)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/69393329/parties/williams-v-progress-residential-llc/
Cate, Russell B. (Indiana)
Israni, Ellora Thadaney (Indiana)
Keyes, Matthew B. (Indiana)
Hawley, Terence N (Indiana)
LLC, PRETIUM PARTNERS, (Indiana)
See docket on RECAP: https://www.courtlistener.com/docket/69393329/williams-v-progress-residential-llc/
Last updated March 9, 2025, 12:02 p.m.
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):
Public Interest Lawyer: No
Filed Pro Se: No
Class Action Sought: Yes
Class Action Outcome: Pending
Defendants
Progress Residential, LLC (Indianapolis, Marion), Private Entity/Person
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.
Available Documents:
Outcome
Prevailing Party: None Yet / None
Nature of Relief:
Source of Relief:
Issues
Discrimination Area:
Discrimination Basis:
Affected Race(s):