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Houston Chronicle/Hearst Newspapers via Getty Images/Contributor/Getty Images
Last Wednesday, a racial discrimination lawsuit brought by three black real estate investors in Texas was dismissed with “no option to refile.”
“The decision hinged less on whether the family had been discriminated against and more on whether the Fair Housing Act, which prohibits discrimination in the ‘sale or rental of housing,’ had been violated,” the Houston Chronicle reported.
In 2022, James Rah Amari, his wife Misty Rah Amari, and Misty’s sister Rosemary Afful filed a civil lawsuit in federal court against real estate agent Josie Lin. Grand West Condominium. Grand West Residential Condominium Association, Inc.; United Property Management. His two real estate brokerage companies are RE/MAX and EXP Reality. ”
The three investors claimed that Lin “rejected their option to purchase three condominiums in a newly constructed community.” They say they were denied credit because of their race. ”
Mr. Rah Amaris and Mr. Afful sought “compensatory, special, punitive, and economic damages for alleged violations of the Fair Housing Act and for emotional distress.”
According to the civil suit, the condo’s marketing materials advertised it as a “new option for safe and simple Asian living” and [said]”Katy Asian Town is within walking distance.”
Additionally, there was allegedly an “information packet”. [that] It promoted the complex as “a new option for the Chinese and Asian community.” ”
The complaint also alleges that Lin told three real estate investors that “the current owners are all personal friends and know each other.”
Black Families Advocate: Lin’s comments align with promotional material explicitly targeting “the ‘Asian community’ for establishing discrimination.”
But the judge ruled against many of the defendants, including because Ra Amaris and the Affuls had no established business relationship with Lin, or because Lin was an agent “acting on their behalf.” Dismissed from the lawsuit.
The defendants argued semantics and filed a motion to dismiss the case in its entirety, stating that “a condominium could be sold if the purchaser planned to occupy it and if the family referred to themselves on court documents rather than as investors.” It is nothing more than a ‘residence’.” Additionally, the family argued that it never indicated in court documents that it had actually made the offer. ”
U.S. District Judge David Hittner largely supported the defendants’ argument that the black family could not even prove that it had “filed a lawsuit.”
“This case highlights the continuing challenges and importance of fair housing law,” Justin Moore, an attorney for the plaintiffs, said in a written statement.
“Our stance is that real estate investing has historically been a means of building wealth for many Americans, and our client efforts align with this tradition,” Moore continued. . “The essence of real estate is an investment. Your home is an investment, whether you live in it or not.”
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