Press Release

June 27, 2001

PARTIES AGREE TO SETTLEMENT IN
FAIR HOUSING LAWSUIT

For Further Information: Amy Schauer Nelson  701/221-2530

BISMARCK, ND, June 27, 2001 – The North Dakota Fair Housing Council (NDFHC) and two Minot families have reached a $65,000 settlement in a lawsuit alleging discriminatory housing practices against families with children against a Minot mobile home park owner. 

In 1998, the NDFHC received complaints of discrimination based upon familial status against Sera Linke who owns the 266 unit Holiday Village Mobile Home Park in Minot.  On the basis of the complaints and complaints the NDFHC had received previously, the NDFHC conducted an investigation of Ms. Linke’s business operations. 

The investigation by the NDFHC confirmed the basis for the complaints.  As a result, complaints were filed in 1999 with the U.S. Department of Housing & Urban Development (HUD) alleging housing discrimination based upon familial status.  The complaints charged that Ms. Linke denied or refused to negotiate rental housing to families with children, discriminated against families with children in the terms or conditions of housing, made statements with respect to the rental of housing which indicate a preference based upon familial status, and interfered with the exercise or enjoyment of rights of families with children under the Federal Fair Housing Act.  HUD conducted its own investigation and issued a charge of discrimination against Ms. Linke on January 4, 2000.  Ms. Linke requested the case be heard in District Court and complaints were filed.

The terms of the consent order and settlement agreement provide that the plaintiffs will share $65,000 in damages, attorney fees and costs in bringing the lawsuit.  Individual and NDFHC recoveries were based on the harm experienced.  Ms. Linke admits no liability in the consent decree.  Amy Schauer Nelson, Executive Director of the NDFHC stated, “We are pleased that we were able to reach this settlement and look forward to working with Ms. Linke in the future.”

The federal law that governs housing discrimination is the Fair Housing Act (FHA), which was passed by Congress in 1968.  The FHA forbids discrimination in the sale, rental or financing of housing on the basis of race, color, religion, national origin, gender, familial status (presence of children), or disability.  The North Dakota Century Code on Human Rights forbids similar kinds of discrimination and also gives further protection to individuals on the basis of age, and status with respect to marriage and public assistance. 

The North Dakota Fair Housing Council (NDFHC) is a North Dakota non-profit organization located in Bismarck.  The NDFHC’s mission is to provide support, encouragement, and assistance to those seeking equal access to housing in the state of North Dakota.  The NDFHC also investigates complaints of housing discrimination.

The NDFHC and the individual plaintiffs were represented in the lawsuit by Ed Dyer, a Bismarck lawyer, and by Christopher Brancart, a lawyer from Pescadero, California who specializes in fair housing litigation.  A copy of the consent decree is available by request from the NDFHC.