In this case a borrower didn't like the appraisal value and sued for discrimination. They believe they were discriminated against because they were an African American and Canadian couple. Yes, they believe they were discriminated against individually because one was Canadian. How would the appraiser even know their nationality? This frivolous case was just dismissed.
The ONLY reason some of these have been settled is because plaintiffs use HUD supported and paid for private nonprofit fair housing organizations to sue appraisers. They win because defendants can't afford to keep replying. This is financial bullying at its finest. Thank god this defendant could financially last through the expensive frivolous litigation.
Case Dismissed: Ohio Appraiser Wins Discrimination Lawsuit
"There have been over a half dozen lawsuits against real estate appraisers alleging discrimination within the last four years. Several have settled quietly for high-five or low six-figure sums. And one very public lawsuit, Connolly and Mott v. Lanham et al in Maryland, is still ongoing—with the appraiser countersuing the plaintiffs for defamation (For more, read Appraiser Countersues Black Plaintiffs Who Alleged Discrimination and click here to donate to Shane Lanham's GoFundMe litigation defense fund).
In a historic court ruling, the appraisal profession now has a legal precedent for an appraiser winning in court against charges of appraisal discrimination. In the case of Daviola-Turner v. Henley Appraisals LLC et al, Judge Walter Rice of the U.S. District Court for the Southern District of Ohio granted Henley's Motion to Dismiss and effectively dismissed the Turner's appraisal discrimination case against Henley."
This is the important part of the decision. Basically you can't just accuse someone of discrimination. You must provide some physical evidence and causation. Plaintiffs did not.
"While the Henley appraisal resulted in a valuation $185,000 lower than the one conducted a year later…Plaintiffs conclude that this must mean that the valuation is unreasonable, they lack sufficient factual allegations to adequately plead this claim. Plaintiffs here include no such allegations about similarly situated homeowners who were also appraised by Henley. While there is no requirement that Plaintiffs must provide allegations that detail disparate impact or direct evidence of the discrimination, the Court is not required to blindly ignore the obvious alternative theory: that Henley honestly thought the property was worth the amount that he appraised it for. Merely stating that Henley discriminated against the Turners, is insufficient as a matter of law under Rule 8(a)."
U.S. District Court
Southern District of Ohio (Dayton)
CIVIL DOCKET FOR CASE #: 3:23-cv-00371-WHR-CHG
Carlos Turner et al v. Henley Appraisals, LLC et al
Assigned to: Judge Walter H. Rice
Referred to: Magistrate Judge Caroline H. Gentry
Demand: $25,000
Cause: 42:405 Fair Housing Act
Date Filed: 12/14/2023
Jury Demand: Both
Nature of Suit: 443 Civil Rights: Accomodations
Jurisdiction: Federal Question
12/14/2023 1 COMPLAINT with JURY DEMAND for Violations of the Fair Housing Act against All Defendants ( Filing fee $ 405 paid - receipt number: AOHSDC-9729705), filed by Miami Valley Fair Housing Center, Inc., Diana Davoli-Turner, Carlos Turner. (Attachments: # 1 Civil Cover Sheet Cover Sheet, # 2 Summons Form Henley-LLC-Summons, # 3 Summons Form Kevin-Henley-Summons, # 4 Summons Form U.S. Bank Summons) (Davis, Charles) (Entered: 12/14/2023)
Mary Cummins of Cummins Real Estate is a certified residential licensed appraiser in Los Angeles, California. Mary Cummins is licensed by the California Bureau of Real Estate appraisers and has over 35 years of experience.
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