October Triumphs: Justice, Advocacy, & Landmark Wins in Focus

October has been a remarkable month for Relman Colfax, underscoring our unwavering commitment to civil rights and justice. Our efforts have resonated in the media and courtrooms, demonstrating the power of legal advocacy in driving systemic change. From having multiple clients featured in The New York Times, to breaking news on civil rights obligations impacting federal funding, to speaking out against anti-DEI movements, our work continues to change minds just as much as it creates lasting change through the law.

Join us in our continued commitment to justice and equality!

Historic $28.5 Million Settlement with Walden University

In a landmark development, Relman Colfax, alongside the National Student Legal Defense Network, announced the approval of a $28.5 million settlement in a class-action lawsuit against Walden University. Carroll et al. v. Walden University, LLC et al. addressed predatory recruitment practices targeting Black and female students.

This settlement marks a significant victory in holding educational institutions accountable for discriminatory practices.?

Alexa Milton , Attorney at Relman Colfax, stated, “We hope this approval helps close the chapter for those who suffered, while also becoming a guidebook for all for-profit universities. This settlement underscores why reverse redlining is not only illegal but incredibly harmful, serving as a critical lesson for the higher education community."?

This news was featured in The New York Times , as well as Insight Into Diversity and Higher Ed Dive .

The Relman Colfax litigation team includes Tara Ramchandani , Glenn Schlactus , Alexa Milton , Ted Olds , Lila Miller , Nick Abbott, and Emahunn Campbell , with paralegal support from Kelis Johnson and Don Scales .

The Spotlight on Chicago Illuminates Accessibility Issues

Access Living of Metropolitan Chicago achieved a landmark victory in disability and housing justice this month when U.S. District Court Judge Edmond E. Chang ruled that all apartment units in Chicago’s affordable housing program must comply with federal accessibility laws. Judge Chang rejected all of Chicago’s defenses and ordered immediate “good faith settlement negotiations.” The parties must file a status report on these negotiations by November 4, with a trial date to be set if talks falter. After years of inaction, Chicago's obligation to ensure accessible housing has been in the spotlight, with coverage from Crain’s Chicago Business on this ruling.

“(Chicago) may not avoid liability by framing its role in the affordable housing scheme as merely providing funding and tax credits to developers in a way that blanketly absolves the City from its own duty of complying with the federal accessibility laws,” Judge Chang wrote. “Indeed, the City has a regulatory obligation to ensure that the private developers comply with the federal accessibility laws.”?

Furthermore, a strong message was sent to cities nationwide receiving HUD funding, when news broke that Chicago’s inaction could jeopardize the city’s chance at millions of dollars in discretionary grant programs from the U.S. Department of Housing and Urban Development. WTTW spoke with Partner, Michael Allen , where he shared, “Our hope is … that we’ll get to a remedy that will fix what the city should have been doing all along, which will require substantial investment in producing thousands of units that do in fact comply with these accessibility requirements, and finally that there would be policies once those units are built to make sure that they are prioritized for and held for people who need the accessibility features.”

The Relman Colfax litigation team includes Michael Allen , Valerie Comenencia Ortiz , and Jennifer Klar .

Emerging Challenges for Cities Not Meeting Civil Rights Standards

Disqualification for HUD discretionary grants is also a feature of the firm’s pending litigation against the City of New Orleans for delaying or preventing the development of a multi-family affordable housing complex for working-class and middle-income households.

Relman Colfax recently filed a lawsuit in federal court against the City on behalf of Stanton Square, LLC, a housing developer that had purchased land that was zoned for the development of multi-family housing as of right. The lawsuit alleges that the City of New Orleans interfered with Plaintiff’s attempts to construct The Village at English Turn. On September 16, 2024, the Department of Justice filed a statement of interest in support of the developer’s assertions that the City acted with discriminatory intent–in violation of the Fair Housing Act and Title VI–in enacting a moratorium and more recently taking steps to permanently downzone the property.

Because of the allegations in the lawsuit and DOJ’s involvement, the City chose this month not to apply for two HUD grants. Cities with “unresolved civil rights matters” are ineligible for certain competitive grants, according to HUD criteria . Specifically, HUD deems a city ineligible when it is a defendant in a fair housing lawsuit in which the DOJ has filed a statement of interest. Beyond the impact of this disqualification for New Orleans, media attention on the HUD funding requirement should be seen by cities all over the country that there will be a price to pay for discriminatory housing policies and decisions.?

The Relman Colfax litigation team includes Yiyang Wu , Reed Colfax , and Ted Olds, with paralegal assistance from Taylor Gaskins.

Town of Southampton in the Hot Seat for Alleged Disability Bias

As featured in The New York Times this month, on behalf of Concern for Independent Living, Relman Colfax filed a complaint against the Town of Southampton over the denial of a 50-unit affordable housing project with supportive services. The case alleges discrimination against veterans and individuals with mental health disabilities.?

As alleged in the complaint, and covered in Law360 , the Town prevented Concern–one of New York’s largest private providers of affordable housing and support services–from developing Liberty Gardens, a 50-unit affordable housing development, because of the mental health disabilities of some of the prospective residents. The complaint explains how this conduct violates the Fair Housing Act, the Americans with Disabilities Act and Section 504 of the Rehabilitation Act of 1973, and New York’s Human Rights Law. The discriminatory actions have caused significant harm to veterans and low-income people with mental health disabilities, who would benefit from the proposed development.

Relman Colfax’s complaint was quoted by Dan’s papers, highlighting that “Defendants’ actual reasons for blocking Liberty Gardens arise out of their discriminatory views toward people with mental health disabilities and resistance to lower-cost housing for such residents in a ‘high-end resort community.”

The Relman Colfax litigation team includes Michael Allen , Valerie Comenencia Ortiz , and Rebecca Livengood .

Sweeping Successes for Accessibility

This month, Relman Colfax was able to secure multiple wins on behalf of our clients to ensure accessibility is top of mind when housing is designed, constructed, and opened.?

On October 16, 2024, Relman Colfax, on behalf of the National Fair Housing Alliance? (NFHA), announced an agreement with Breland Companies, LLC; The Lofts at Town Madison, LLC; The Lofts at Town Madison Condominium Association, Inc.; and Old Town Investments, LLC to settle allegations that they developed and operated multi-family rental housing in Northern Alabama that violates the Fair Housing Act (FHA)’s accessibility requirements. This agreement will help address barriers to accessible housing in Alabama and the settlement will serve as a motivator for other multi-family housing providers in this area to recognize they must comply with FHA and ADA accessibility requirements.

The Relman Colfax litigation team includes Sara Pratt and Emily Curran.?

Additionally, on October 21, 202, Reman Colfax, on behalf of the Equal Rights Center “ERC”, announced a settlement agreement to remediate accessibility barriers at Cardinal on 12th, an apartment building located in Washington, DC. The settlement between ERC and Cardinal on 12th marks a significant victory for fair housing advocates, demonstrating the tangible benefits of compliance and collaboration. This agreement reflects Relman Colfax’s continued commitment to enforcing the rights of people with disabilities to accessible housing.

The Relman Colfax litigation team includes Sara Pratt and Emahunn Campbell .

A Call for Allyship Amidst Anti-DEI Pressures

In honor of National Coming Out Day, Alexa Milton wrote a poignant article for Common Dreams titled "Can Americans Come Out if Corporations Have Shut the Door? A Call for Courage." Her message is a powerful call to action for corporate leaders to maintain their support for the LGBTQIA+ community and uphold values of inclusivity and equality.?

“Now is the time to prove you respect your LGBTQIA+ employees as people, and that their personhood is not a fad that can be easily discarded when there is pushback,” she said.?

Read the full piece here .?

Catching Up with Relman Colfax

We are thrilled to introduce our newest cohort of Civil Rights Fellows who bring passion and expertise to our team. Ashley Brickhouse joins us as a recent graduate from Howard University School of Law. Through her experience, Ashley brings a social justice perspective to every aspect of her work and has the ultimate goal of uplifting marginalized voices and fighting injustice through legal advocacy. At Howard, she served as the Managing Editor of the Howard Human & Civil Rights Law Review and acted as a student attorney in the Fair Housing Clinic. Her law school journey included internships with the NAACP Office of the General Counsel and the Washington Lawyers’ Committee for Civil Rights and Urban Affairs, where she engaged in diverse civil rights issues such as housing justice and voter protection.

We are also pleased to welcome Megan Russo to our firm. Before joining us, Megan clerked for the Hon. Gerald A. McHugh of the U.S. District Court for the Eastern District of Pennsylvania. She earned a joint law and policy degree from the University of Pennsylvania Law School, where she was a Toll Public Interest Scholar, and the Harvard Kennedy School, as a John F. Kennedy scholarship recipient. Before law school, Megan was a policy analyst at the Urban Institute’s Justice Policy Center, where she worked on researching and recommending improvements for the criminal justice system to reduce mass incarceration. Megan's extensive policy experience sets her apart. She brings a nuanced perspective on policy-making processes and their implications on social justice issues. This background ensures that Megan approaches legal challenges not only from a litigation standpoint but also with a comprehensive policy-oriented mindset.

We are excited about the contributions these talented individuals will make as we continue our mission of advancing civil rights.

Additionally, we are excited to highlight that this month, Reed Colfax recently spoke at the Asian Real Estate Association of America National Convention on October 24. He addressed our challenge to Florida’s SB 264 law, which restricts land and home purchases by individuals from seven foreign countries. To read more about Relman Colfax’s work fighting SB 264 here .?

While attending, Reed was honored to receive the 2024 Emeritus Award as a Fair Housing Champion for his outstanding contributions to promoting fair housing and equitable access to homeownership. His dedication to dismantling barriers for Asian American and Pacific Islander (AAPI) communities and other underrepresented groups has been recognized at the highest level. Relman Colfax is incredibly proud of Reed’s commitment to driving positive change in housing fairness and the passion for equity he brings to the entirety of the firm.?

Sincerely,

The Relman Colfax Team