Filed Date: Sept. 24, 1974
Closed Date: March 4, 1977
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Plaintiffs filed suit in the U.S. District Court for the Northern District of Ohio in 1974, alleging that they had wrongfully be denied credit for a home purchase in violation of the Fair Housing Act ("FHA"), 42 U.S.C. § 3604. Plaintiffs, a white couple, had attempted to finance a home purchase in a racially integrated neighborhood by applying for a loan with the Defendant-lender; when rejected, plaintiffs obtained less favored terms of credit from an alternative source. Plaintiffs sought money damages for the cost differential between the terms of credit they would have received from Defendant and the loan they eventually received. The Plaintiffs' attorney was associated with the National Committee Against Discrimination in Housing, Inc. (NCDH), a Washington, D.C.-based non-profit.
On March 28, 1976, Judge Don J. Young rejected the Defendants' Motion to Dismiss, holding that "[r]acial discrimination in the management of an apartment building cannot be distinguished from racial discrimination in the extending of loans according to neighborhoods." Harrison v. Otto G. Heinzeroth Mortg. Co., 414 F. Supp. 66, 67 (N.D. Ohio 1976). On March 4, 1977, the District Court held in favor of the plaintiffs on their claims and awarded them a $7,500 judgment. Harrison v. Otto G. Heinzeroth Mortg. Co., 430 F. Supp. 893 (N.D. Ohio 1977). These plaintiffs were the first plaintiffs to ever successfully litigate a case through to judgment in a suit alleging a violation of the Fair Housing Act premised on a race-based denial of credit.
Summary Authors
Andrew Nash (6/2/2008)
Young, Don John (Ohio)
Harris, John A. III (Ohio)
Mulkeen, Jay (District of Columbia)
Tafelski, Joseph R. (Ohio)
Handwork, Peter M. (Ohio)
Young, Don John (Ohio)
Last updated March 26, 2024, 3:12 a.m.
Docket sheet not available via the Clearinghouse.State / Territory: Ohio
Case Type(s):
Fair Housing/Lending/Insurance
Key Dates
Filing Date: Sept. 24, 1974
Closing Date: March 4, 1977
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Man seeking a home mortgage offered very unfavorable terms by a loan officer who said that it was because the neighborhood in question was a transitional (mixed white/black) area, and therefore was higher risk.
Plaintiff Type(s):
Public Interest Lawyer: No
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Otto G. Heinzeroth Mortgage Company, Private Entity/Person
Case Details
Causes of Action:
Fair Housing Act/Fair Housing Amendments Act (FHAA), 42 U.S.C. §§ 3601 et seq.
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Order Duration: 1977 - None
Issues
General:
Discrimination-area:
Discrimination-basis:
Race: