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Newsletter 9/01 Housing Rights ADVOCATEADVOCATEADVOCATEADVOCATEADVOCATEADVOCATE Issue 20, Fall 2001 The Austin Tenants' Council www.housing-rights.org Suit Results in Changes to Lloyd vs. Choice Homes Inc. Settlement Has Criminal Trespass Policy Nationwide Impact hannon Tealer, a public housing TC Cooperating Attorney Sidney In response to Lloyd’s discrimination resident, contacted Legal Aid of Childress announced the lawsuit, Choice Homes alleged that their S Central Texas in April 2000, after a A settlement of Cedric Lloyd vs. salesperson involved had acted Taylor police officer inquired whether the Choice Homes Inc., a racial discrimination unprofessionally but not unlawfully. Choice father of her children was present in her lawsuit filed in Travis County District Court. Homes eventually terminated the apartment. The officer then told her that if Cedric Lloyd is an African-American man, salesperson’s employment for reasons of the police saw him on the property, he married with two children, a postal worker, poor sales performance. would be arrested for criminal trespass and and a veteran of the US Armed Forces. In the discovery stage of this lawsuit, she would be evicted. Ms. Tealer wanted Choice Homes is a major nationwide Choice Homes recognized that their to find out about her right to have visitors homebuilder. company did not provide fair housing in her apartment and the right of the Taylor In early 1999, Lloyd visited a Choice training to their employees. The amount Housing Authority to control those guests. Homes sales office in Del Valle, Texas, and of compensatory damages paid by Choice The Taylor Housing Authority banned the inquired about purchasing a home. Lloyd Homes to Cedric Lloyd is confidential under father of Ms. Tealer’s children from the and his wife were already homeowners at the terms of the settlement of the lawsuit. property under its criminal trespass policy the time but were interested in a nicer However, Lloyd insisted that Choice Homes six years earlier. The property manager home. Lloyd alleged that the Choice agree to implement fair housing training for claimed he had made a derogatory Homes’ salesperson discriminated against its nationwide sales staff as terms of the comment to her while he was on the him by not processing his “pre-qualification settlement. Choice Homes agreed to property. application.” The “pre-qualification provide annual fair housing training for its The Taylor Housing Authority’s ban application” was a process by which Choice sales staff. Consequently, this lawsuit will policy did not specify the conduct for which Homes sales staff would assist potential have a nationwide impact on how Choice an individual could be banned and it homebuyers with loan applications to Homes trains its employees and conducts contained no limitations on the time period obtain financing from third-party lenders. business. ATC Cooperating Attorney for which an individual could be banned. After several months of waiting for the Sidney Childress said, “I was very Nor was it based on conduct that occurred Choice Homes salesperson to notify him impressed with this company and its on Taylor Housing Authority property and it of the status of his application for financing, attorneys, and the way they handled this did not allow for any appeals process by Lloyd visited another homebuilder and was lawsuit. Choice Homes acknowledged its either the banned person or the tenants. quickly approved for a home loan. lack of any fair housing training, ‘stepped After unsuccessful efforts to resolve the Lloyd originally contacted the US up to the plate’ so to speak, and did the matter, Ms. Tealer filed a lawsuit in federal Department of Housing and Urban right thing in settling this case. This is a court challenging the Taylor Housing Development (HUD) in San Antonio with good company that does good business. Authority’s criminal trespass ban policy. his complaint. HUD-San Antonio referred Its employees will now be more aware of Ms. Tealer asserted that the Taylor Housing Lloyd to the ATC Fair Housing Program for the importance of fair housing practices.” Authority’s policy (1) violated her right under advocacy and assistance. ATC Fair federal public housing regulations to Housing Program then assisted Lloyd in reasonable accommodation of her guests, filing an administrative housing (2) violated her First Amendment right to discrimination complaint with HUD. Based privacy and freedom of association, (3) on the merits of his complaint, ATC Fair Inside: violated federal regulations requiring that Housing Program also referred Lloyd to public housing tenants have access to a ATC Cooperating Attorney Sidney 2 - New Director at Texas grievance procedure to dispute actions by Childress for legal representation. Attorney Commission on Human Rights a housing authority that adversely affect a Childress subsequently filed a lawsuit in 3 - Folleto en español tenant’s rights and (4) violated due process Travis County District Court on Lloyd’s 5 - Free Training for Caseworkers behalf. Continued on page 2 Criminal Trespass policy must be carefully drafted to avoid Texas Commission on Continued from page 1 interfering with the right of public housing tenants to have visitors and guests. In Human Rights because of its lack of standards. order to pass muster under federal law and Welcomes New Director The parties have signed a settlement the Constitution, such policies must be agreement under which Ms. Tealer narrowly tailored to conduct occurring on he Texas Commission on Human received $5,250 in damages, the father of the property in question, give adequate Rights announces the appointment her children was removed from the criminal notice to individuals of conduct which may T of J.D. (Dave) Powell as Executive trespass ban list and the Taylor Housing result in a ban, be non-discriminatory in Director on August 13, 2001. Mr. Powell Authority agreed to significant changes in effect, provide for time limitations and has over 20 years of experience managing its criminal trespass ban policy. Under the provide a method by which banned and directing organizations within the revised ban policy, the Taylor Housing individuals and tenants may challenge Department of Defense including: strategic Authority retains the right to ban persons bans with which they disagree. planning, project management, financial for limited time periods for conduct and administrative oversight of multi-million occurring on Housing Authority property. dollar agencies, training, staff development, Such conduct includes the following: (1) a and mentoring. His most recent person causing a disturbance on Taylor responsibilities before joining the Housing Authority property requiring police Commission included serving as the Chief intervention may be banned for up to one Executive Officer for an organization year (2) a person convicted of a felony Case Updates consisting of 150 military and civilian crime on the property may be banned for federal employees, which provided up to three years, (3) a person convicted TC thanks the complainants, financial services to over 25,000 clients in of possession, sale or distribution of a plaintiffs, testers, witnesses, and Texas and Oklahoma. In addition, Mr. controlled substance on the property may A attorneys who have worked for fair Powell’s leadership experience within the be banned for up to three years, (4) a housing by participating in litigation or Department of Defense includes extensive person endangering the health and welfare pursuing administrative housing responsibility for equal opportunity and of other tenants or Taylor Housing Authority discrimination complaints with the US Dept. management of human resources. employees may be banned for up to two of HUD. In all "settled" cases reported in Mr. Powell holds a Bachelors Degree years, (5) any person who assaults an this newsletter the defendant, unless in Business Administration from Middle employee of the Taylor Housing Authority otherwise noted, denies the allegations of Tennessee State University and a Masters may be banned for up to five years, (6) any discrimination made by the plaintiff and the Degree in Business Administration from person convicted of manufacturing parties have agreed to resolve the case Embry Riddle Aeronautical University. methamphetamine on the property may be prior to a trial on the merits. Fair housing The Texas Commission on Human banned for life and (7) any person testing and investigations conducted by Rights mission is to enhance the quality of convicted of child molestation may be ATC's Fair Housing Program are funded life and economic well-being of the citizens banned for life. The policy does not allow by the US Department of Housing & Urban of Texas by reducing discrimination in for banning an individual for conduct Development. employment and housing through the occurring off the property and the conduct Nettle & Mulkins vs. SunnyMeade administration of the Texas Commission on must occur on property owned by the Taylor Apartments Human Rights Act and the Texas Fair Housing Authority. Furthermore, the Taylor The Law Firm of Davis & Wilkerson, Housing Act. In 1990, the U.S. Department Housing Authority must review the policy P.C. recently brought a lawsuit against the of Housing and Urban Development every six months and remove from the list Sunnymeade Apartments for violations of certified the Texas Fair Housing Act as any persons determined to no longer the Texas Fair Housing Act. Ronnie Nettle substantially equivalent to the Federal Fair
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