Wednesday, June 8, 2022

HUD CITES BALTIMORE CONDOMINIUM FOR DISABILITY DISCRIMINATION

On June 7, 2022, the U.S. Department of Housing and Urban Development (HUD) entered into a Consent Order with a Baltimore condominium company, Scarlett Place Residential Condominium, Inc., and its management agent, Brodie Management, Inc., to resolve a Charge of Discrimination alleging disability discrimination. Read the Consent Order here

"It is unconscionable that families caring for children with disabilities could also face housing discrimination," said Demetria L. McCain, Principal Deputy Assistant Secretary for Fair Housing and Equal Opportunity. "This consent order demonstrates HUD's commitment to protecting the fair housing rights of families and persons with disabilities."

HUD's Charge of Discrimination alleged that Scarlett Place Residential Condominium and Brodie Management violated the Fair Housing Act when they refused to waive their rule limiting occupants to two persons per bedroom to allow a family of eight - one a young child having bone marrow transplant treatment at Johns Hopkins Hospital - to temporarily rent a three-bedroom condominium. The family needed to live together to provide for the child's medical treatment and care, including screening of all family members for a possible bone marrow donor. The condominium's board of directors levied a monthly fine against the rental unit's owner because the family occupied the condominium.

The Consent Order, entered into by a HUD Chief Administrative Law Judge, requires Scarlett Place Residential Condominium and Brodie Management to pay the family and the condominium owner $35,743.50 in damages, and other actions to ensure nondiscrimination because of disability. The Consent Order is not an admission of liability by either Scarlett Place  Residential Condominium or Brodie Management.

"Housing providers must allow families to provide care for their children with disabilities when a  simple waiver of condominium rules can be made," said Damon Smith, HUD's General Counsel. "HUD will vigorously enforce the Fair Housing Act's protections for persons with disabilities."

Read the June 7, 2022 HUD Press Release.