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Demetria McCain Principal Deputy Assistant Secretary for Fair Housing and Equal Opportunity | Official Website

HUD charges Florida manager over alleged disability discrimination

The U.S. Department of Housing and Urban Development (HUD) has announced charges against a property manager in Pensacola, Florida, Jonathan Faircloth, for alleged discrimination against a tenant with a disability. The Charge of Discrimination claims that Faircloth did not provide reasonable accommodation when the tenant requested a live-in aide and an emotional support animal due to her physical disability.

The Fair Housing Act prohibits discrimination based on disability, including refusing to rent or failing to grant reasonable accommodations. Diane M. Shelley, HUD's Principal Deputy Secretary for Fair Housing and Equal Opportunity, emphasized the importance of live-in aides and emotional support animals for individuals with disabilities to enjoy their homes equally. "This charge demonstrates HUD’s commitment to taking appropriate action when housing providers fail to comply with the Fair Housing Act," Shelley stated.

Damon Smith, HUD General Counsel, reiterated the obligation of housing providers to make necessary accommodations for persons with disabilities. "HUD will continue to take strong enforcement action to stop housing providers from subjecting their tenants to disability discrimination," he said.

The case will be heard by a United States Administrative Law Judge unless any party opts for it to be heard in federal district court. If found guilty by an ALJ, damages may be awarded for harm caused by discrimination, along with injunctive relief and attorney fees. Fines may also be imposed in the public interest. In federal court, punitive damages could be awarded as well.

Victims of housing discrimination are encouraged to contact HUD at (800) 669-9777 or (800) 927-9275 (TTY). More information is available at www.hud.gov/fairhousing. Assistance is provided for those with limited English proficiency and individuals who are deaf or hard of hearing can reach out via the Federal Relay Service at (800) 877-8339.