HUD Charges New Jersey Housing Providers with Discrimination and Retaliation

 

The U.S. Department of Housing and Urban Development (HUD)has charged Wrightstown, New Jersey, housing providers Burlington Preservation Associates, LLC, Arbor Management, LLC, and Leon N. Weiner & Associates, Inc. (the “Respondents”) with violating the Fair Housing Act for discriminating against a Black Hispanic father and his three minor children because of his race, color, national origin, and familial status. HUD also charged them with retaliating against the tenant for filing a fair housing complaint against them. Read HUD’s Charge here. HUD’s charge alleges that the Respondents barred the Complainant and his three minor children from the property and started an eviction immediately after his incarceration, even though his attorney told them that the incarceration was likely to be short and his rent was fully paid. The Respondents claimed their actions were based on a purported rule allowing them to evict for the jailing of just one household member. HUD’s investigation found that this rule was not similarly enforced against a white non-Hispanic tenant without children who was also jailed for charges. The Charge further alleges that the Respondents could not provide a non-discriminatory justification for the more aggressive approach they took to enforcing their incarceration policies. HUD's charge will be heard by a U.S. Administrative Law Judge (ALJ) unless any party to the charge elects to have the case heard in federal district court. If an ALJ finds after a hearing that retaliation has occurred, they may award damages to the complainant for harm caused by discrimination, injunctive relief, other equitable relief, payment of attorney fees, and fines to vindicate the public interest. If the matter is decided in federal court, the Federal Court judge may also award damages. For more information on potentially discriminatory evictions, please refer to this HUD Fact Sheet. Anyone who believes they are the victims of housing discrimination should contact HUD at (800) 669-9777 (voice) or (800) 927-9275 (TTY). More information is available at www.hud.gov/fairhousing. Housing providers and others can learn more about their responsibility to provide reasonable accommodations and reasonable modifications to individuals with disabilities here. Materials and assistance are available for persons with limited English proficiency. Individuals who are deaf or hard of hearing may contact HUD with the Federal Relay Service at (800) 877-8339. Read the September 19, 2024 HUD press release.

HUD Charges Montana Property Manager and Apartment Complex Owner with Retaliation

The U.S. Department of Housing and Urban Development (HUD) announced it is charging an individual property manager and ownership entity in Livingston, Montana, for retaliation against a tenant for their exercise of fair housing rights, retaliatory behavior including coercion, intimidation, threats, or interference in violation of Section 818 of the Fair Housing Act. Read HUD’s Charge. The Fair Housing Act prohibits retaliation for exercising fair housing rights, as well as coercing, intimidating, threatening, or interfering with someone’s exercise of those rights. HUD’s Charge alleges that the property manager and owner of a Livingston, Montana, ten-unit apartment complex retaliated against a tenant after the tenant informed the property manager that his unwanted conduct toward her daughter was inappropriate given the property manager’s position as landlord. After the tenant confronted the property manager, the property manager took several retaliatory actions, including sending multiple threats of eviction, revoking tenancy privileges, and sending harassing text messages, ending in seeking to evict the complainant. The tenant felt forced to leave the unit and seek out alternative, less desirable housing because of the retaliation. A U. S. Administrative Law Judge will hear HUD’s charge unless any party elects to have the case heard in Federal district court. If the Administrative Law Judge finds, after a hearing, that discrimination has occurred, the judge may award damages to the resident for his losses as a result of the discrimination; injunctive relief and other equitable relief to deter further discrimination and payment of attorney fees; and civil penalties to vindicate the public interest. If the Federal court hears the case, the Judge may also award punitive damages to the resident. People who believe they are the victims of housing discrimination should contact HUD at (800) 669-9777 (voice) or (800) 927-9275 (TTY). More information is available at www.hud.gov/fairhousing and www.justice.gov.

You can follow Secretary Fudge on Twitter, Facebook and Instagram. ***** Read the January 23, 2024 HUD release.

 Fair Housing Enforcement News:

HUD CHARGES CALIFORNIA LANDLORD WITH SEXUAL HARASSMENT & DISCRIMINATION

The U.S. Department of Housing and Urban Development (HUD) has charged the owner, property manager, and maintenance worker of a single-family property in Bakersfield, California, with sexually harassing a female tenant and retaliating against her when she complained about it, in violation of the Fair Housing Act. Read HUD’s Charge. The Act prohibits housing providers from discriminating because of sex, including sexual harassment - unwelcome sexual advances and comments, requests for sexual favors, and other verbal or physical behavior that is sexual in nature.

HUD’s Charge of Discrimination alleges that the maintenance worker harassed the tenant because of her sex, including daily sending her graphic sexual text messages and groping her in her home. After the tenant told him that the conduct was unwelcome and complained to the property manager, saying she planned to go to the police, the landlord allegedly refused to make critical repairs to her heating appliance, leaving her without heat and gas for a month. The tenant's daughter fell ill from the lack of heat. As the tenant was vacating her home, the landlord changed the lock on her door to prevent her from getting her belongings and refused to return her security deposit.

A U. S. Administrative Law Judge will hear HUD’s charge unless any party elects to have the case heard in federal district court. If an administrative law judge finds, after a hearing, that discrimination has occurred, the judge may award damages to the tenant for losses as a result of the discrimination. The judge may also order injunctive relief and other equitable relief, to deter further discrimination, as well as payment of attorney fees. The judge also may impose civil penalties. If the federal court hears the case, the judge may also award punitive damages.

People who believe they are the victims of housing discrimination should contact HUD at (800) 669-9777 (voice) 800-927-9275 (TTY) or the Department of Justice at (800) 896-7743 or 202-514-4713. Additional information is available at www.hud.gov/fairhousing and www.justice.gov.

Read the July 11, 2023 HUD release.