The U.S. Department of Housing and Urban Development (HUD) has brought charges against Good Team Realty LLC, Jack O Cohen Revocable Trust, and Jack Cohen, alleging disability discrimination in their New Hampshire rental properties. The charge claims that these entities violated the Fair Housing Act by not negotiating with or showing apartments to potential tenants who required assistance animals due to disabilities.
The Fair Housing Act forbids discrimination based on disability, including imposing more demanding conditions on prospective tenants with disabilities compared to those without. "In 1988 the Fair Housing Act was extended to protect persons from discrimination in housing because of a disability, yet people with disabilities continue to be subjected to discriminatory treatment," stated Diane M. Shelley, HUD’s Principal Deputy Assistant Secretary for Fair Housing and Equal Opportunity. "Today's action demonstrates HUD's ongoing commitment to take appropriate action when housing providers fail to comply with the Fair Housing Act."
Damon Smith, HUD’s General Counsel, emphasized the law's requirements: "The Fair Housing Act requires housing providers to give individuals with disabilities who use assistance animals an equal chance to view and apply for housing.” He added that HUD is determined to enforce these rights vigorously.
According to HUD's charge, during a conversation about renting an apartment, complainants informed property owner Jack Cohen of their need for an assistance animal. The charge further alleges that Mr. Cohen refused them entry into the apartment as they lacked medical documentation at that time verifying their need for the animal.
A United States Administrative Law Judge will hear this case unless any involved party opts for a federal district court hearing instead. Should the administrative law judge find evidence of discrimination after a hearing, possible outcomes include awarding damages for losses incurred by the family due to discrimination, injunctive relief, equitable relief measures to prevent further incidents, attorney fees payment, and civil penalties serving public interest goals. In federal court proceedings, punitive damages could also be awarded.
Individuals suspecting they have faced housing discrimination are encouraged to contact HUD at (800) 669-9777 or (800) 927-9275 (TTY). More information is available at https://www.hud.gov/fairhousing. Resources regarding reasonable accommodations and modifications responsibilities are accessible online. Assistance is offered for persons with limited English proficiency and those who are deaf or hard of hearing can reach out via the Federal Relay Service at (800) 877-8339.
