HUD Charges Landlord for Adult-only Section
Charging a group of Colorado landlords with housing discrimination for allegedly relegating families with children to apartments in the rear building of an apartment complex.
WASHINGTON – Oct. 14, 2015 – The U.S. Department of Housing and Urban Development (HUD) yesterday announced it is charging a group of Colorado landlords with housing discrimination for allegedly relegating families with children to apartments in the rear building of an apartment complex.
HUD charged property owners Roger Loecher and Eileen Loecher, and on-site manager Miriam Yehudah, after fair housing testing discovered illegal "steering" was taking place based upon the tenant's family status.
"Families with children have the right to the housing of their choice," says Gustavo Velasquez, HUD Assistant Secretary for Fair Housing and Equal Opportunity. "Discriminatory steering is against the law, and the action we're taking reaffirms our commitment to protect the fair housing rights of families with children."
The charge results from fair housing tests conducted by the nonprofit group Denver Metro Fair Housing Center of the 28-unit complex with two buildings – one in the front and one in the rear.
Based on testers who attempted to rent an apartment – ones who claimed they had children and others who did not – HUD charged the managers, saying it identified an ongoing practice of illegally steering families with children to units in the rear building of the complex and those without children being offered units in the front building. Yehuda also allegedly told testers without children that he tried to keep families with children in the back.
HUD's charge will be heard by a United States Administrative Law Judge unless any party to the charge elects to have the case heard in federal district court. If an administrative law judge finds after a hearing that discrimination has occurred, he may award damages to the complainant for harm caused by discrimination. The judge may also order injunctive relief and other equitable relief, as well as payment of attorney fees. In addition, the judge may impose fines to vindicate the public interest. If the matter is decided in federal court, the judge may also award punitive damages.
The Fair Housing Act makes it unlawful to deny or limit housing because a family has children under the age of 18 and to make statements that discriminate against families with children. Housing may exclude children only if it meets the Fair Housing Act's exemption for housing for older persons.
© 2015 Florida Realtors® All rights reserved. Reprinted with permission.
Why Not?
Are the units equal in quality and the size appropriate to the size of the families in question? If not, then, I see the problem. If so, then, I don’t–Especially if there is a noise factor to consider or if it is safer for families with children in the back because there is a busy parking lot or street with traffic hazards in the front.