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Gina Tomaselli practices in the areas of animal, environmental, open government, and land use law. Gina assists individuals, grassroots organizations, and national non-profit organizations with constitutional and environmental claims and focuses on projects that advance protections for animals, preserve the environment, and secure justice for marginalized communities.
Job Description: This clerkship is housed within Greenfire Law, PC, a public interest law firm committed to providing high quality legal representation to clients advancing matters of important public policy. Our attorneys handle litigation and policy work on behalf of citizen plaintiffs, non-profit organizations, and communities. We specialize in environmental law, animal law, land use law, and open government. Our office is in Berkeley, California, near the Ashby BART station. Law clerks will conduct legal research, prepare a variety of written work products, and assist attorneys in responding to client needs for representation in a variety of matters, including animal law, environmental, and land use matters. Certain assignments will respond to the needs of immediate and open cases, such as pending litigation in state or federal court, both in California and in other states. Other assignments may involve more long-term projects to examine and develop legal strategy to address emerging issues in environmental or animal law.
Rescue personnel should be made aware of anyone needing assistance by other occupants who have evacuated. Persons waiting in a stairwell should be sure to ask several persons to notify FIU Police of their location to advise. When making this request, give the name of the stairwell and the floor (example: PC northwest stairs, 4th floor landing).
On November 2, 2010, the United States filed an amicus brief in Fair Housing of the Dakotas v. Goldmark Property Management Co. No. 09-cv-58 (D. N.D.), a putative class action challenge brought under the Fair Housing Act to a rental management company's animal assistance policies. The United States' brief was filed in support of plaintiffs' opposition to defendant's summary judgment motion and argued that: (1) the FHA bars landlords from requiring that assistance animals have special training in order to be accepted as a reasonable accommodation. Emotional support or companion animals, which do not have special training, may be required accommodations under the FHA; (2) the FHA may require landlords to waive generally applicable pet fees for assistance animals if necessary to ensure a disabled tenant an equal opportunity to use and enjoy a residence; and that (3) fees that are applied to non-specially trained assistance animal for persons with mental disabilities but waived for "service animals" for persons with physical disabilities, are not generally applicable and discriminate on the basis of disability.
On February 6, 2009 the United States entered into an out-of-court settlement agreement with Reading Housing Authority ("RHA") to resolve a HUD election referral, Section 504 referral and Title VI referral. Under the agreement, RHA will set aside 5% of its annual capital funding to create, through new construction or renovation, at least 5 two-bedroom accessible housing units, and will renovate kitchens in one of its developments upon request by a tenant. RHA also will maintain a list of landlords who participate in the Section 8 program that specifically includes information about whether each has accessible units, and will provide that information to all tenant participants who have received a housing voucher. Finally, RHA has adopted and agreed to implement a new Assistance Animal Policy that will protect the rights of persons with disabilities to keep assistance animals, and has agreed to return to the individual complainant the $50 it now holds as a deposit.
On January 25, 2001, the court entered a consent decree in United States v. Aldridge & Southerland Builders, Inc. (E.D.N.C.). The complaint, which was filed on January 19, 2001, alleged that a developer and an architect failed to design and construct a 226-unit apartment complex in Greenville, North Carolina, with the features of accessible and adaptable design required by the Fair Housing Act. The violations include steps into the individual units, an insufficient number of curb cuts, doors which are impassable by persons using wheelchairs, no reinforcements in the bathroom walls for the installation of grab bars, and an inaccessible rental office. The consent decree includes the following: the builder and developer, must: (1) retrofit the common use areas of the apartment complex; (2) ensure that at least one fully retrofitted one-bedroom unit and two-bedroom unit remain vacant and available at all times for viewing and rental by a prospective tenant who requests such a unit; (3) give notice to every prospective tenant of the availability of the fully accessible units; (4) compensate aggrieved persons up to $5,000 over any out of pocket costs suffered by such persons; and (5) include enhanced accessibility features in a portion of the units in the next two multi-family projects which they construct. Rivers & Associates, Inc., the architectural firm that designed the complex, must: (1) pay a $5,000 civil penalty; (2) donate 100-hours of technical assistance to non-profit organizations that serve the housing needs of persons with disabilities in the Greenville community; and (3) contribute to any amount paid to compensate aggrieved persons by Aldridge & Southerland.
On August 6, 2002, the court entered a consent decree in the case of United States v. Board of County Commissioners of Montezuma County (D. Colo.). The complaint, filed on December 21, 2000, alleged that Montezuma County violated the Fair Housing Act by discriminating on the bases of disability, race, color, and national origin when it refused to permit the establishment of a group home for adolescents recovering from alcoholism and drug abuse. The complainant who sought to open and operate the home on a site located in the southwestern corner of the state near three different Reservations, was a teacher and counselor with over 25 years of experience working with Native American students. Most of the residents in the home were expected to be Native American. The County denied the complainant's application for a land use permit after local residents spoke out against the siting of the home on the ground that the residents would be people with a history of drug and alcohol problems, and made disparaging comments about Native Americans. The consent order requires the County to comply with the Fair Housing Act, issue written findings of fact when it declines requests for land use or zoning permits, participate in training on the Fair Housing Act, and advise the United States when it receives applications for permits for specified land uses. It also requires the County to pay $30,000 to the individual who was prevented from establishing the proposed group home and a $5,000 civil penalty to the United States, and to create a $30,000 fund to provide financial assistance in paying costs and fees associated with providing treatment for youths in Montezuma and Dolores counties to overcome alcohol and/or drug dependency problems. The consent order will remain in effect for three years.
On, August 16, 2001, the court entered a consent order in United States v. Champagne (E.D. La.) a Fair Housing Act election referral from HUD. The complaint, which was filed on April 16, 2001, alleged that the defendants made statements to a tenant indicating a preference or discrimination because of race in violation of the Fair Housing Act. The evidence showed that the defendant landlords harassed and ultimately evicted the complainant, who is white, from her apartment because African American friends assisted her in her move into the unit.The HUD complainant received $8,000 as part of the settlement which also included injunctive relief and a note of apology from the defendants. The case was referred to the Division after the Department of Housing and Urban Development (HUD) received a complaint, conducted an investigation, and issued a charge of discrimination.
In 1995, we resolved our long-standing litigation against the City of Parma, Ohio. In 1980, the court determined that the city violated the Fair Housing Act by engaging in a series of actions undertaken for the purpose and effect of excluding African Americans from living in the virtually all-white suburban community outside of Cleveland, Ohio. Our agreement with the city is designed to promote voluntary housing integration and increase housing opportunities for African Americans who want to live in Parma. The new agreement provides for the establishment of a housing counseling office, which oversees implementation of an affirmative marketing plan designed to attract African Americans to Parma and provides housing counseling services and financial assistance to first-time home buyers. In addition to paying all overhead and administrative expenses for the housing counseling center, the city agreed to provide at least $500,000 for a down payment assistance program for home buyers and at least $500,000 for a rental rehabilitation program, which provides low-interest loans to local landlords to rehabilitate apartments.
The complaint, which was filed on March 31, 1998, alleged that the architects and builders of a condominium complex and four apartment buildings in Las Vegas violated the Fair Housing Act by failing to design and construct them so that they were accessible and usable by persons with disabilities. On September 1, 1999, the United States filed a consent decree with Defendants Inland Empire Builders, Inc., The Heers Family Trust, Charles M. Heers and Eric Miller which requires the defendants to modify both the common areas and the individual units of the four apartment complexes to provide accessibility to persons with disabilities. In addition, the company must examine their seven apartment complexes in Phoenix and Mesa, Arizona to determine whether they comply with the Act, and undertake the necessary modifications of the common areas and individual units at those properties, if they do not. The tenants who were injured as a result of their units not having the accessible features required by the Fair Housing Act will share in a $50,000 fund and the defendants will pay a $35,000 civil penalty to the United States. Additionally, the order requires that the architects donate 300 hours of free technical assistance to non-profit organizations and receive training in the Fair Housing Act. In a separate consent decree with architect George F. Tibsherany entered on March 31, 2001, the defednant agreed to pay a $15,000 civil penalty.