• Home
  • About
    • Financials
    • Mission & History
    • Who We Serve
    • FHANC Staff
    • Board of Directors
    • Pillars of Anti-racism
  • What Is Fair Housing?
    • History of Fair Housing
    • Federal Fair Housing Rights
    • California and Local Fair Housing Rights
    • Housing Industry Resources
    • Resources & More Information
    • April: Fair Housing Month
  • Programs and Services
    • For Renters
    • For Homeowners - Foreclosure Prevention
    • Education >
      • Fair Housing Literature
      • Community Outreach
      • School Programs
    • Education for Homebuyers
    • Advocacy & AFFH
  • Service Areas
    • Marin County
    • Solano County
    • Sonoma County
    • Other Geographic Areas
  • News & Events
    • In The News
    • Press Releases & Statements
    • Events & Workshops
    • COVID-19 Panel
    • Fair Housing Conference 2022
    • Fair Housing Conference 2021
    • Fair Housing Conference 2020
    • Fair Housing Conference 2019
    • Fair Housing Conference 2018
    • TASTE of Marin 2017
  • Donate
    • Main Donation Page
    • Cy Pres Awards
    • Vehicle Donations
    • More Ways to Give
  • Get Involved
    • Job Opportunities
    • Become an Investigator
    • Join Our Board
    • Volunteer Opportunities
  • Contact
    • Contact Us
    • Request Assistance
    • Education Programs
  • COVID-19 Resources
  • Fair Housing Conference 2023
Fair Housing Advocates of Northern California
  • Home
  • About
    • Financials
    • Mission & History
    • Who We Serve
    • FHANC Staff
    • Board of Directors
    • Pillars of Anti-racism
  • What Is Fair Housing?
    • History of Fair Housing
    • Federal Fair Housing Rights
    • California and Local Fair Housing Rights
    • Housing Industry Resources
    • Resources & More Information
    • April: Fair Housing Month
  • Programs and Services
    • For Renters
    • For Homeowners - Foreclosure Prevention
    • Education >
      • Fair Housing Literature
      • Community Outreach
      • School Programs
    • Education for Homebuyers
    • Advocacy & AFFH
  • Service Areas
    • Marin County
    • Solano County
    • Sonoma County
    • Other Geographic Areas
  • News & Events
    • In The News
    • Press Releases & Statements
    • Events & Workshops
    • COVID-19 Panel
    • Fair Housing Conference 2022
    • Fair Housing Conference 2021
    • Fair Housing Conference 2020
    • Fair Housing Conference 2019
    • Fair Housing Conference 2018
    • TASTE of Marin 2017
  • Donate
    • Main Donation Page
    • Cy Pres Awards
    • Vehicle Donations
    • More Ways to Give
  • Get Involved
    • Job Opportunities
    • Become an Investigator
    • Join Our Board
    • Volunteer Opportunities
  • Contact
    • Contact Us
    • Request Assistance
    • Education Programs
  • COVID-19 Resources
  • Fair Housing Conference 2023

Lawsuit Alleging Race Discrimination in Home Appraisal Process Settled with Appraiser

3/6/2023

11 Comments

 
March 6, 2023

FOR IMMEDIATE RELEASE 

Contact: 
Caroline Peattie, Executive Director, Fair Housing Advocates of Northern California 
(415) 483-7552, peattie@fairhousingnorcal.org
Julia Howard-Gibbon, Supervising Attorney, Fair Housing Advocates of Northern California
(415) 483-483-7516 julia@fairhousingnorcal.org

Lawsuit Alleging Race Discrimination in Home Appraisal Process Settled with Appraiser 

San Rafael, CA –Fair Housing Advocates of Northern California (FHANC), Tenisha Tate-Austin, and Paul Austin announce the settlement of a lawsuit against a licensed real estate appraiser. The plaintiffs filed the fair housing lawsuit in federal district court in December 2021 alleging housing discrimination due to race in the appraisal process, and in October 2022 settled their claims against AMC Links LLC, an appraisal management company. The complaint can be found here. The appraiser denied any and all liability in connection with the claims made in the lawsuit. 

“This is a landmark case,” said Caroline Peattie, FHANC’s Executive Director. “The Austins’ case was a dramatic example of how an unfairly low appraisal can affect your ability to access a loan with good terms and build generational wealth. Unfortunately, their experience is not unique. Studies show that Black and Latinx applicants are more likely than white applicants to receive an appraisal value lower in both the sales and refinancing process. These studies show that appraisers choose so-called comparable properties (“comps”) of other property sales located substantially closer to the property being appraised if it’s located in a predominantly Black or Latinx census tract than if it’s located in a predominantly white census tract, even if those closer properties are not at all comparable – so appraisers likely still view neighborhoods and relevant comps based on racial demographics, which is part of what what we believe happened in the Austins’ case.” 

In December 2016, Tenisha Tate-Austin and Paul Austin, a Black couple, purchased a house in Marin City, an unincorporated area in Marin County, California, and moved into their house with their children. (As of July 2019, Black residents accounted for 36% of Marin City’s population, compared to less than 3% of the county as a whole.) The couple made substantial renovations that increased the square footage of the house, upgraded many features, and began renovations on an accessory dwelling unit. They decided to refinance their mortgage in 2020. Home buyers and homeowners are generally required to have an appraisal to obtain a mortgage or refinance a mortgage. 

The appraiser inspected the Austins’ house and appraised it at $995,000. The Austins believed that their race and the racial demographics of Marin City played a role in the low estimate of value and requested a second appraisal. Three weeks after the first appraisal inspection, a different appraiser valued the home at $1,482,500, nearly half a million dollars higher. Between the two appraisals, the Austins erased any evidence of their racial identities inside their house, removing family photos and African-themed art. Their white friend, who replaced the Austins’ family photos with photos of her own family, was the only person present during the second inspection. 

The settlement agreement included an undisclosed monetary amount with additional terms, including that the appraiser agrees not to discriminate in the future, will watch the ABC documentary “Our America: Lowballed” (which features the Austins’ story); attend a training session regarding the history of segregation and real estate-related discrimination in Marin County provided by FHANC; and continue to abide by the Bureau of Real Estate Appraisers’ continuing education requirements, including those outlined in California’s AB 948. 

“We’re glad that we can put this lawsuit behind us,” said Paul Austin. “Having to experience everything that came with receiving the lowballed appraisal was overwhelming. Being able to tell our story and knowing we had legal recourse helped. We want others to know that if you experience discrimination, you can go to your local fair housing agency so they can investigate your case and help you if you want to file a complaint.” 

“We missed out on a better interest rate because of the unfair appraisal we received,” said Tenisha Tate-Austin. “Having to erase our identity to get a better appraisal was a wrenching experience. We know of other Black families who either couldn’t get a loan because of a discriminatory appraisal and therefore either lost the opportunity to buy or sell a home, or they had to sell their home because they had an unaffordable loan. Neighborhoods of color have been historically undervalued due to deliberate racist housing policies, such as redlining. The ongoing undervaluation of homes in Black neighborhoods perpetuates the wealth gap between Black and white families. We hope by bringing attention to our case and this lawsuit settlement, we can help change the way the appraisal industry operates, and we can start to see a different trend.” 

The Austins and FHANC were represented by counsel Julia Howard-Gibbon of FHANC and Liza Cristol-Deman of Brancart & Brancart. 

If you feel you may have been discriminated against in a recent home appraisal, contact FHANC’s office to complete an interview. Contact FHANC at fhanc@fairhousingnorcal.org or 415-457-5025 x101. _____________________________________________________________________________________________________
Fair Housing Advocates of Northern California is a non-profit organization serving several Bay Area counties that provides free counseling, enforcement, intervention, and legal or administrative referrals to persons experiencing housing discrimination. Fair Housing Advocates of Northern California also offers foreclosure prevention counseling, pre-purchase education, seminars to help housing providers fully understand fair housing law, and education programs for tenants and the community at large. Fair Housing Advocates of Northern California is a HUD-Certified Housing Counseling Agency. Please call Fair Housing Advocates of Northern California at (415) 457-5025 or TDD: (800) 735-2922 for more information. Note: This material is based on work supported by the Department of Housing and Urban Development (HUD) under FHIP PEI Grant FPEI190035. Any opinion, findings, and conclusions or recommendations expressed in this material are those of the author(s) and do not necessarily reflect the views of HUD. 
Download Complaint Here
Download Press Release Here
11 Comments
Dwight Fowlkes link
3/8/2023 05:23:14 pm

We have several appraisals and none of the asked about the upgrades that we did and also they did not give us the market value as per our neighborhood.

Reply
Thomas Nash
3/10/2023 03:16:40 pm

Well done

Reply
Winston Williams
3/9/2023 06:41:10 am

I need your assistance in regards my rights being violated in the fair marketing and sales of my property. I am being racial targeted by my own realtor realtor said the buyer's realtor. After discovering biased treatment, I questioned thier actions. I filed a complaint with DRE with negative results and because of my actions, I unable to sell my home. I was threatened by both realtors if I didn't accept there conditions, I would be facing a lawsuit. I was determined not to be intimated and move forward with selling my home, resulting in a lawsuit and a lis Pendency liens placed upon my residence. I made every effort to resolve and or settle with negative results. Fraudulent lawsuit were filed against after my realtor refused to release me from our agreement after my discovery and firing of their services. Due to not properly resprsenting me. I have evidence that shows that this was racial motivated and for financial gain by both realtors. They have continued with their Harrassment, by having the buyers filing a fraudulent lawsuit. I am requesting and praying for your intervention, in addressing racialism within the central valley housing market. The Federal Government have also confirmed the unfair marketing, regarding people of color. The central valley has become an big investments for property owners, except for people color. Being forced to sell their homes and their life investment at a lower price, to thier white counter residents. The Kings County Superior courts are apart of the problem and not a resolution, since thier are apart of the Good Old Boys networks in the valley.

In need of Justice,

Mr. Winston W. Williams
Retired Law Enforcement/USMC

Reply
DENISE MCFADDEN
3/9/2023 07:33:46 am

First of all let me say this, I will be praying for you. This type of discrimination should not be tolerated in any since of the word. My husband and I are both Vets and have served proudly however, when we got ready to purchase our home we endured an incident with a realtor about a home we were interested in buying however we had our own realtor. Well the other realtor that placed the house on the market did not want to split any profit with our realtor, so this was her and the owner of the home tactic. They decided to call us at 8:45 p.m. the last time we did a walk thru to make a decision on the home to tell us "If you don't use me as the selling realtor of the home my client would not sell you this home for a penny below asking price". "WOW" real impressive and very professional right! So with us being Christian people I told her in a real nice Christian way "OUR MONEY IS GREEN YOU CAN TAKE OR LEAVE IT CAUSE NO GOOD CAN COME FROM EVIL. GOD is still in the blessing business. SO what they think they are getting away with here God see's everything and will right their wrong doing every time.

Reply
Roger
3/9/2023 04:35:16 pm

This crap has been going on for far too long . There are exclusive federal housing laws that govern the policies and practices that are not being implemented during transactions.

This suit could set huge precedent throughout this country

Reply
Authority Appraisals link
4/6/2023 04:59:36 am

Thank you for highlighting the importance of residential appraisals in your post. I think it's important for homeowners to understand the benefits of getting an appraisal and the impact it can have on their financial decisions.

Reply
mortgage broker Sydney link
4/18/2023 03:39:10 pm

Your broker is likely to be connected to a professional network within the sector, and they may even be able to offer products that aren’t available to the general public.

Reply
settlement loans link
5/29/2023 11:58:54 am

Thanks for your post.
At Apex Legal Funding, we provide cash advances for a wide range of Personal Injury lawsuits. Our team of experts can assess your case and provide you with the cash you need right away. Discuss your case with our experienced professionals, who will evaluate your lawsuit and determine the best course of action. We offer legal Cash Advances for all types of Personal Injury lawsuits.

Reply
settlement loans link
5/29/2023 09:35:24 pm

Thanks for your post.
At Apex Legal Funding, we provide cash advances for a wide range of Personal Injury lawsuits. Our team of experts can assess your case and provide you with the cash you need right away. Discuss your case with our experienced professionals, who will evaluate your lawsuit and determine the best course of action. We offer legal Cash Advances for all types of Personal Injury lawsuits.

Reply
pre settlement funding without my attorney consent link
6/3/2023 08:33:48 am

Thanks for your post.
At Apex Legal Funding, we provide cash advances for a wide range of Personal Injury lawsuits. Our team of experts can assess your case and provide you with the cash you need right away. Discuss your case with our experienced professionals, who will evaluate your lawsuit and determine the best course of action. We offer legal Cash Advances for all types of Personal Injury lawsuits.

https://apexlegalfunding.com

Reply
Kenneth J Mullinix
9/7/2023 07:01:04 pm

Kenneth Mullinix & Associates
Real Estate Appraisal Company

Mail- PO Box 2564 Newport Beach, Calif. 92659
Email-kjmull@aol.com
Office/ Cell #949-697-1717


Date: 09/05/2023
Ref: case
To: Sirs

Let me state the case:

I appraised a home for a homeowner in a predominately black area of LA, the homeowner was a veteran, and appears to be a racist against white people. He did not like the value I came in at with my appraisal and he did not get his refinance, so in retribution of that fact he filed a complaint against me that I was “racist” with the Veteran’s Administration. The homeowner called me every name in the book in his complaint. They did a yearly long investigation and found no racism or evidence of discrimination, thus a “Close Out” letter was generated.

He said he had a ring camera video tape of the start of the field inspection showing me to hostel and combative, he had security camera footage/ video of me as well, etc. and told the VA investigator in writing all these facts. At question the most was that I came in short in the overall square footage of the home by about 150 sq. feet and purposefully cropped photos to not show his home properly with the new amenities/ remodel he did etc.. He refinanced the home with another lender a month later and got his refinance. He had a prior VA appraisal performed a year before that came in on the square footage at 2,900 sq. feet. He was wrong and made mistakes, which I can prove, the square footage was about actually about 2,650 sq. feet.

Afterwards when he had a 2nd appraisal to get his new refinance loan, that appraiser came in at about 2,600 square foot, that will show that amount or so also (I suspect). He filed his claimed against me with the VA 9 months later, when he knew that the house had just been appraised after my appraisal at the lower square footage. He said I measured it lower because I am a “racist” when he knew that to be false because those other 2 other appraisals show the real square footage of the home being about the same total as mine.

After the VA cleared me and sent me he then went to second government agency HUD and filed a second complaint for the same thing “racism” against me and the lender Omni-Fund this time, based partly on me measuring his home smaller when he was the reason I measured it smaller to start with. He lied to me about the cost of a recent remodel by about $200K in order to influence my appraised value among other things. Later he sent photos of the remodel of the wing of his house to VA/ HUD showing his remodel. Upon reviewing those photos they clearly show that the home was remodeled/ rebuilt on the original foundation. So he knew he did not add an additional 700 sq. feet which he claimed over and over with the VA and HUD. He newly permitted 250 sq. feet and did not add any other square footage besides that. It was a blatant lie in order to harass me and caused me “Intentional Infliction of Emotional Distress” repeatedly.

Now because of this I went into therapy: I am under doctor’s care with prescribed sleeping pills and am taking Zoloft daily, and am in therapy weekly. I have PTSD, am a senior citizen, and am collecting Social Security. I can prove everything and provide evidence that he knew all of the above facts about the home size and costs of his rebuild was misleading. Now HUD demanded those two past appraisals after mine was done to check on the square footage and that those two appraisers would come in with their measurement of the home. He will not provide those two appraisals to HUD, and he will not produce the contractor’s total cost to rebuild that one wing of his house, so he is hiding evidence that will show that he purposefully lied in order to slander me to two “Two Government Agencies” and try to ruin my career, business and health. This has now been over 2 ¾ years that this has been going on. Help!

Your thoughts?

Respectfully,
Kenneth J. Mullinix
Lic. #AR027585

Calif. Real Estate Appraisal License #AR027585
(Cert Residential Appraiser - OREA)
Calif. General Building Contractor License "B-HIC" #752435 (CSLB) (expired)
Calif. Certified Home Inspector CSLB- (Contractor State License Board)
Calif. Real Estate Broker’s License #01278660 (Dept. of Real Estate) (DRE) (expired)
Calif. Association of Realtors@ Member (CAR) (expired)
Pacific West Board of Realtors Member (PWR)
KMA Real Estate Services

PLEASE NOTE: This electronic mail message contains information that is or maybe CONFIDENTIAL and PROPRIETARY IN NATURE.

Please consider the environment before printing this e-mail

Reply



Leave a Reply.

    Archives

    August 2023
    July 2023
    March 2023
    February 2023
    October 2022
    August 2022
    May 2022
    April 2022
    February 2022
    January 2022
    December 2021
    October 2021
    July 2021
    May 2021
    April 2021
    February 2021
    January 2021
    December 2020
    October 2020
    March 2020
    August 2019
    March 2019
    November 2018
    June 2018
    April 2018
    February 2018
    August 2017
    July 2017
    December 2016
    November 2016

Picture
Mailing Address:
1314 Lincoln Ave. Suite A
San Rafael, CA 94901
Phone 415.457.5025
Fax 415.457.6382
Staff Directory
Contact Us
Picture
TDD: (800) 735-2922
Se habla español
​
We welcome our site visitors with content in Spanish and Vietnamese.
En Espanol
TIẾNG VIỆT

Programs & Services
For Renters 
For Homeowners
Education for Homebuyers
Housing Industry Resources
Community Outreach
Advocacy & AFFH
Fair Housing Literature
Sign up for our Newsletter
Make a donation
Volunteer form
Office hours 9:00 am - 4:00 pm, Monday through Friday; Intake from 9:30 am - 2:00 pm, Monday through Friday; all other times by appointment only.
  • Home
  • About
    • Financials
    • Mission & History
    • Who We Serve
    • FHANC Staff
    • Board of Directors
    • Pillars of Anti-racism
  • What Is Fair Housing?
    • History of Fair Housing
    • Federal Fair Housing Rights
    • California and Local Fair Housing Rights
    • Housing Industry Resources
    • Resources & More Information
    • April: Fair Housing Month
  • Programs and Services
    • For Renters
    • For Homeowners - Foreclosure Prevention
    • Education >
      • Fair Housing Literature
      • Community Outreach
      • School Programs
    • Education for Homebuyers
    • Advocacy & AFFH
  • Service Areas
    • Marin County
    • Solano County
    • Sonoma County
    • Other Geographic Areas
  • News & Events
    • In The News
    • Press Releases & Statements
    • Events & Workshops
    • COVID-19 Panel
    • Fair Housing Conference 2022
    • Fair Housing Conference 2021
    • Fair Housing Conference 2020
    • Fair Housing Conference 2019
    • Fair Housing Conference 2018
    • TASTE of Marin 2017
  • Donate
    • Main Donation Page
    • Cy Pres Awards
    • Vehicle Donations
    • More Ways to Give
  • Get Involved
    • Job Opportunities
    • Become an Investigator
    • Join Our Board
    • Volunteer Opportunities
  • Contact
    • Contact Us
    • Request Assistance
    • Education Programs
  • COVID-19 Resources
  • Fair Housing Conference 2023