WASHINGTON - The U.S. Department of Housing and Urban Development (HUD) announced today that it has charged Wrightstown, New Jersey, housing providers Burlington Preservation Associates, LLC, Arbor Management, LLC, and Leon N. Weiner & Associates, Inc. with violating the Fair Housing Act. The charge involves alleged discrimination against a Black Hispanic father and his three minor children based on race, color, national origin, and familial status. Additionally, HUD charged the Respondents with retaliating against the tenant for pursuing a fair housing complaint.
HUD’s charge alleges that the Respondents barred the Complainant and his children from the property and initiated an eviction immediately after his incarceration. This action was taken despite advice from the Complainant's attorney that the incarceration would be brief and that rent was fully paid during this period. The Respondents claimed their actions were based on a rule allowing eviction for mere incarceration of a sole household member. However, HUD’s investigation found this rule was not enforced similarly against a white non-Hispanic tenant without children who also faced pending charges.
“The Fair Housing Act requires housing providers to treat all tenants equally regardless of their race, color, national origin, or familial status, and also prohibits retaliation against individuals who report housing discrimination,” said Diane M. Shelley, HUD’s Principal Deputy Secretary for Fair Housing and Equal Opportunity. “Today’s Charge confirms that HUD will take action to ensure all housing providers comply with the Fair Housing Act in all housing-related activities.”
“Today’s Charge is a reminder that housing providers may not selectively enforce rules depending on a tenant’s race or other protected class,” said Damon Smith, HUD General Counsel. “HUD will continue to act to protect tenants’ rights under the Fair Housing Act.”
The case will be heard by a United States Administrative Law Judge (ALJ) unless any party elects to have it heard in federal district court. If an ALJ finds retaliation occurred after a hearing, they may award damages to the complainant for harm caused by discrimination as well as order injunctive relief and other equitable relief including payment of attorney fees. The ALJ may also impose fines to vindicate public interest; alternatively, if decided in federal court punitive damages may be awarded.
For more information on potentially discriminatory evictions refer to this HUD Fact Sheet.
Individuals believing they are 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. Information about reasonable accommodations and modifications for individuals with disabilities is also available along with materials for persons with limited English proficiency through Federal Relay Service at (800) 877-8339.
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