The U.S. Department of Housing and Urban Development (HUD) announced today that it has charged Indian Oaks Apartments LTD, Russell Management Services LLC, H.J. Russell & Company, The Russell Realty LP, and Nichole Long in Fort Valley, Georgia with discrimination against a tenant because of her child’s disability.
The Fair Housing Act prohibits discrimination based on disability. Such discrimination includes refusing to rent based on a person’s disability, failing to grant reasonable accommodations, and subjecting tenants to discriminatory terms and conditions.
“The Fair Housing Act requires housing providers to make reasonable accommodations necessary to afford persons with disabilities an equal opportunity to use and enjoy a dwelling,” said Damon Y. Smith, HUD General Counsel. “The Department is committed to actively enforcing the Act in its efforts to eradicate housing discrimination.”
HUD’s Charge of Discrimination alleges that Respondents failed to grant a reasonable accommodation when Complainant requested a ground-floor unit due to her child’s disability. Respondents failed to provide the accommodation even though the disability-related need was obvious, and Complainant provided additional medical documentation to support the request. Complainant was not provided the reasonable accommodation until after Respondents sold the property.
“Failing to provide a reasonable accommodation request when such accommodation is necessary and available is a failure to provide safe and accessible housing,” said Diane M. Shelley, HUD’s Principal Deputy Assistant Secretary for Fair Housing and Equal Opportunity. “HUD is committed to ensuring that housing providers comply with the provisions of the Fair Housing Act.”
HUD's charge will be heard by a United States Administrative Law Judge (ALJ) unless any party 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. The ALJ may also order injunctive relief and other equitable relief, as well as payment of attorney fees. In addition, the ALJ may impose fines to vindicate the public interest. If decided in federal court, the Federal Court judge may also award punitive damages.
People who believe they are victims of housing discrimination should contact HUD at (800) 669-9777 (voice) or (800) 927-9275 (TTY). Additional information is available at www.hud.gov/fairhousing. Housing providers can learn more about their responsibility to provide reasonable accommodations and modifications here. Materials and assistance are available for persons with limited English proficiency. Individuals who are deaf or hard of hearing may contact the Department using the Federal Relay Service at (800) 877-8339.
