Relman Colfax Reflects on 2024 Major Wins: Looking Back at a Year of Landmark Successes in Advancing Justice
Relman Colfax PLLC
Relman Colfax is a national civil rights law firm based in Washington, DC.
As we reflect on 2024, we are proud to celebrate what was an extraordinary year of achievements across our diverse practice areas. From historic national victories to justice system reform to cutting-edge counseling work, our success in the pursuit of justice has been a testament to the power of legal advocacy. These accomplishments have not only advanced critical civil rights protections but have also laid the groundwork for a transformative 2025 as we continue to push forward our mission under a new administration. Together, we are dismantling systemic inequities and building a future where everyone can thrive.
2024: A Year of Far-Reaching Fair Housing Wins
Historic Settlement Creates Path Forward for Affordable Housing in Brookline, New Hampshire
On December 13, 2024, Relman Colfax, alongside Tamposi Brothers Holdings, LLC, closed out the year by announcing a groundbreaking settlement with the Town of Brookline, New Hampshire. This resolution marked a pivotal moment for?affordable housing in New Hampshire. Plaintiffs alleged that the Town’s actions—including a moratorium and ordinances blocking an 80-unit affordable housing development—violated the Fair Housing Act.
The settlement enables the construction of Brookline’s first-ever affordable housing development, addressing systemic barriers to racial equity in New Hampshire. The project will deliver 98 housing units, with a mix of workforce, market-rate, and senior housing, and includes a $610,000 damages payment and a 50-acre land donation to the Town. This victory demonstrates how the Fair Housing Act can overcome local resistance to affordable housing, particularly in small towns that have no such housing.
Rebecca Livengood, Partner at Relman Colfax, celebrated the settlement, emphasizing its broader implications for fair housing compliance. “This resolution shows what can happen when communities choose affordability and diversity over exclusion. We hope Brookline’s decision to address its housing affordability needs inspires other municipalities to take inclusive, proactive steps to comply with the Fair Housing Act and create opportunities for families of all income levels, races, and backgrounds.”
Read more in New Hampshire Union Leader.
The Relman Colfax team included Michael Allen, Reed Colfax, Valerie Comenencia Ortiz, and Rebecca Livengood.
The Firm Continues Leadership in Addressing Appraisal Discrimination
Relman Colfax remains at the forefront of combating appraisal discrimination, exemplified by our groundbreaking settlement with loanDepot.com, one of the nation’s largest mortgage lenders. Relman Colfax represented Black homeowners Drs. Nathan Connolly and Shani Mott in their challenge of a discriminatory appraisal and loanDepot's appraisal-related practices. As part of the settlement, loanDepot has committed to enhancing its “reconsideration of value” (ROV) process, including:
loanDepot also agreed to internally review appraisals for indicia of bias or discrimination; enhance training and training requirements for internal staff and for appraisers; and conduct statistical analyses of its appraisal processes and outcomes.
These commitments reflect industry-leading practices for ensuring lenders comply with obligations under anti discrimination laws while simultaneously abiding by rules relating to appraiser independence, proving that lenders can take meaningful actions to protect consumers. “LoanDepot’s adoption of these best practices sends a powerful message to the lending community,” said John Relman, Managing Partner at Relman Colfax. “This settlement not only helps rectify past harms but also ensures systemic change that benefits all consumers moving forward.”
Relman Colfax is proud to continue advancing solutions to address systemic issues in housing valuation.
The Relman Colfax litigation team includes John Relman, Reed Colfax, Jennifer Klar, Gabriel Diaz, and Soohyun Choi, with paralegal assistance from Don Scales.
Seventh Circuit Victory Celebrated in CFPB v. Townstone Financial, Inc.
Relman Colfax was proud to congratulate the Consumer Financial Protection Bureau (CFPB) on its victory against Townstone Financial. This case reaffirmed that the Equal Credit Opportunity Act prohibits pre-application discrimination, such as discouraging credit applications from specific communities. The Seventh Circuit’s decision and the CFPB’s subsequent resolution of the case are significant wins for fair lending and fair housing, ensuring a more equitable financial landscape.
A Chicago district court erroneously dismissed the CFPB’s claims, holding that ECOA) and its implementing regulations do not reach any pre-application discriminatory conduct, including statements that would discourage or prevent consumers from applying for credit at all. On appeal, Relman Colfax filed an amicus brief on behalf of the National Fair Housing Alliance (NFHA) and various other civil rights, fair housing, and consumer protection organizations in support of the CFPB.
Major Victory in Fair Lending: Seventh Circuit Rules in CFPB’s Favor in CFPB v. Townstone Financial, Inc.?
The Relman Colfax case team is led by Stephen Hayes and Valerie Comenencia Ortiz.
Supporting New Community Reinvestment Act Regulations
In August, Relman Colfax filed an amicus brief supporting federal efforts to modernize Community Reinvestment Act regulations. This case underscores the importance of updated policies to combat redlining and ensure fair lending in the 21st century. The brief highlights issues of judge-shopping and the need for impartial judicial processes to uphold these vital protections.
The conservative legal movement and certain industry groups are increasingly exploiting the loopholes that allow for the unfavored and unjust practice. "Ensuring cases are randomly assigned is critical to maintaining trust in the impartiality of the judiciary," said Relman Colfax Partner Ken Scott. "These practices erode public confidence in the courts and highlight the urgent need for reforms, such as random case assignment, to safeguard judicial integrity."
The Relman Colfax team includes Ellora Israni, Ken Scott, Reed Colfax, and John Relman, with assistance from our paralegal Jazmin Trenco.
Advancing Sober Living Options: Lawrence County Recovery v. Village of Coal Grove
In August, Relman Colfax filed a federal civil rights complaint against the Village of Coal Grove, Ohio, for discriminatory practices targeting individuals recovering from Substance Use Disorder (SUD). The Department of Justice’s most recent statement of interest in this case supports many of Plaintiffs’ arguments and will hopefully help facilitate community-based options for housing and treatment. In the five years since its founding, Lawrence County Recovery (LCR) has grown to an organization that employs 90 people and has supported over 1,500 people in recovery. SUD is an urgent medical issue in Ohio and LCR hopes this case could serve as a safeguard for fellow recovery services facing similar attacks in the state. We remain steadfast in our efforts to secure justice in 2025.
"We hope that by seeking justice for LCR and those it serves, we also support fellow recovery services providers and those with SUD who are facing similar attacks throughout the state," said Lila Miller, Partner at Relman Colfax. "We view this case as an important step toward accountability for municipal leaders, who are often the gatekeepers for much-needed resources like recovery housing.”
The Relman Colfax litigation team includes Lila Miller, Emily Curran, and Robert Hunter, with assistance from paralegal Jazmin Trenco.
Celebration of Second Circuit Victory in Gilead v. Cromwell
On September 11, 2024, a final judgment was entered in Gilead Community Services v. Town of Cromwell, holding the Town accountable for egregious discriminatory conduct against a group home for individuals with mental health disabilities. The case set a significant precedent, securing $2 million in punitive damages—one of the largest awards in such a case—and $181,000 in compensatory damages. The firm’s petition for attorney’s fees is pending. This victory reinforces municipalities' responsibility to uphold the rights of all residents, including those with disabilities.
“The Court’s post-trial rulings upholding the jury’s verdict sends a powerful message that even in the face of prejudice and discrimination, justice can prevail,” said Tara K. Ramchandani, a Partner at Relman Colfax. “The punitive damages awarded in this case and the Second Circuit’s well-reasoned opinion reflect the reprehensibility of the Town’s conduct. We are proud to have represented Gilead and to have vindicated the rights of people with disabilities that deserve to be treated with dignity and respect.”
The Relman Colfax litigation team consisted of Tara Ramchandani, Yiyang Wu, and Valerie Comenencia Ortiz.
Protecting Educational Rights Nationwide
Landmark Settlement Achieved Against Walden University for Targeting Black and Female Students
This year, Relman Colfax and the National Student Legal Defense Network announced a $28.5 million proposed settlement in a class action lawsuit against Walden University. The case, brought on behalf of former Doctorate in Business Administration (DBA) students, alleged violations of consumer protection and civil rights laws, including Title VI of the Civil Rights Act of 1964 and the Equal Credit Opportunity Act.
The settlement provides meaningful relief for nearly 2,300 students who were allegedly targeted based on race and gender through false advertising. Walden has also implemented critical programmatic changes, including removing the University Research Reviewer role on Dissertation Committees and making transparent disclosures about median completion times and costs.?
“This historic $28.5 million proposed settlement marks not just meaningful relief for the nearly 2,300 students who are encompassed by Plaintiffs’ claims of race- and gender-based targeting, but also a crucial step towards preventing future discrimination in higher education. By holding Walden accountable, Relman Colfax affirms our commitment to safeguarding the rights of all students,” said Lila Miller, Attorney at Relman Colfax.
Attention: If you think you may be eligible to participate in the Walden University class action settlement, please visit https://walden-dba-settlement.com/ for more information and to file a claim. All claims must be received by January 15, 2025. Late claims will not be considered.
The Relman Colfax litigation team includes Tara Ramchandani, Glenn Schlactus, Alexa Milton, Ted Olds, Lila Miller, and Emahunn Campbell, with paralegal support from Don Scales.
Advocating for Transgender Students in Jane Doe #1 v. Mukwonago Area School District
Relman Colfax continues to pursue justice in a gender discrimination lawsuit filed against the Mukwonago Area School District (MASD) and its superintendent. The case centers on Jane Doe #1, an eleven-year-old transgender girl denied access to girls’ restrooms at school.
The complaint raises claims under Title IX of the Education Amendments of 1972 and the Equal Protection Clause, highlighting the harm caused by MASD’s discriminatory restroom policy. Jane Doe #1, who has lived and been recognized as a girl since the age of three, had used the girls’ restroom without incident for years before the policy change. The firm secured a preliminary injunction permitting our client to use restrooms that align with her gender identity. MASD appealed that decision to the U.S. Court of Appeals for the Seventh Circuit, where the matter was argued in February 2024. This case underscores the need for robust protections for transgender students, and we are hopeful for a favorable outcome in 2025.
The Relman Colfax litigation team includes Alexa Milton and Glenn Schlactus.
Significant Successes in Police Accountability and Justice System Reform
Achieving Police Accountability Appellate Victory in Hicks v. Ferreyra
Through its criminal justice and police accountability practice, Relman Colfax represents individuals whose civil rights and liberties have been violated either by government or privately contracted law enforcement officials. Relman Colfax’s representation does not stop at the trial level; its attorneys have specialized expertise litigating in appellate court, as well.
In 2021, Relman Colfax achieved a $730,000 jury verdict for Nathaniel Hicks, a Black Secret Service agent unlawfully seized by U.S. Park Police officers. In 2023, the U.S. Court of Appeals for the Fourth Circuit upheld the verdict on all counts. The court affirmed the availability of a Bivens action under the circumstances, denied the officers’ qualified immunity defenses, and emphasized the severe emotional distress Hicks endured. And earlier this year, the U.S. Supreme Court denied the officers’ petition for writ of certiorari. The Supreme Court’s decision means that the Fourth Circuit’s ruling stands, remaining a powerful reminder of the importance of accountability in law enforcement.
Yiyang Wu argued the appeal before the Fourth Circuit.
Securing Justice for Earned Sentence Credits in Puryear v. Dotson
In June, Relman Colfax filed a class action against the Virginia Department of Corrections for improperly implementing the state’s “earned sentence credit” program, wrongfully extending incarceration for hundreds of individuals. The suit was filed on behalf of named Plaintiff Leslie Puryear and a class of people serving convictions for inchoate offenses related to robbery and carjacking who should have been released prior to November 2023 but were not. The new lawsuit followed Mr. Puryear’s 2023 habeas petition, in which Relman Colfax and the ACLU-VA secured the release of Mr. Puryear and the other class members.
This month, a motion for preliminary settlement approval was filed, proposing over $1.1 million in compensatory payments to class members. Pending court approval of the settlement in January, justice can begin being restored by the many who were harmed through this wrongful extension of incarceration.?
The Relman Colfax litigation team includes Rebecca Livengood, Ellora Israni, and David DePriest, with assistance from paralegal Jazmin Trenco.
Driving Industry Change: Highlights from Our Counseling Practice
Sacha Markano-Stark Represents Firm at FHFA’s Valuation Modernization Summit
As a thought leader in appraisal bias and risk management, Sacha Markano-Stark, an Attorney practicing in both the civil rights counseling and litigation groups, represented Relman Colfax at the Federal Housing Finance Agency’s Valuation Modernization Summit. Sacha was one of three experts who presented on a panel on appraisal bias. The event fostered critical discussions among industry, regulatory, and legal stakeholders about ensuring access to accurate and fair valuations for all communities. We are grateful for the opportunity to contribute to these essential conversations and look forward to continuing this work in 2025.
Final Fair Lending Monitor Report Published for Upstart Network
On March 27, 2024, Relman Colfax published the final report in its role as fair lending monitor for Upstart Network. Over the course of the monitorship, the firm published a series of publicly available reports that describe in detail methods for testing and preventing algorithmic discrimination in credit models, and the legal and quantitative principles underlying those methods. These reports have become influential source documents in the ongoing debates about ensuring AI models are not discriminatory and reflect Relman Colfax’s unique expertise and experience in this space.
The final report was made possible by the RelmanColfax team that included Stephen Hayes, Alexa Milton, John Relman, and Eric Sublett.
Ensuring Section 1071 Compliance
In 2024, Relman Colfax significantly bolstered its counseling capabilities by welcoming Tim Lambert as Counsel. Tim brings unparalleled expertise in Equal Credit Opportunity Act and Fair Housing Act compliance, including the Section 1071 rulemaking. His addition to our team has been instrumental as we guide clients through the complexities of fair lending compliance.
Section 1071, for which high-volume lenders will begin collecting data in 2025, is a vital component of the Dodd-Frank Act and requires financial institutions to report data on small business lending to ensure fair lending compliance and to identify business and community development needs. The forthcoming compliance requirements present significant challenges for lenders, but also an opportunity to align with best practices to promote transparency and equity. “At its core, Section 1071 is about opening up the lending landscape for small business owners,” said Tim Lambert. “Helping institutions navigate these regulations bolsters compliance but also represents a step towards fostering greater economic opportunity.”
CFPB Finalizes Personal Financial Data Rights Rule
Section 1033 represents a significant step toward open banking, ensuring consumers can securely share their financial data with third parties of their choice while maintaining control over how their information is used. It also marks a significant step towards replacing outdated and dangerous methods such as screen scraping with safer, consumer-driven processes.
Stephen Hayes, Partner at Relman Colfax, emphasized the importance of these changes: "Section 1033 is a game-changer for consumers and the financial industry. The rule offers significant protections and opportunities for both consumers and financial institutions. But it will require companies to take significant steps to ensure they have policies and systems in place to ensure compliance. We are proud to assist clients in navigating this transformative shift and ensuring they’re ready to meet these critical new requirements."
Relman Colfax is dedicated to helping financial institutions align with these new standards. As the financial landscape continues to evolve, our counseling team remains a trusted resource for guidance and expertise.
Looking Forward to 2025
As we reflect on such an impactful 2024 and look ahead to the start of the new year, we want to express our heartfelt gratitude to our clients and allies in the civil rights community who make this work possible. Your dedication and collaboration drive us to reach new heights in the fight for justice. This year, we remain committed to championing fairness, equity, and accountability across all sectors. Together, we will continue to challenge discrimination, protect rights, and promote systemic change. We look forward to working alongside you to achieve a more just and equitable society.
Sincerely,
The Relman Colfax Team
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