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If you had children and
you wanted a sunny second floor apartment, chances are you wouldn’t have
been able to find one at the Oakridge Estates. That’s because families
with children were only allowed to rent apartments on the first floor.
This kind of steering, a violation of the Federal Fair Housing Act, was
certainly not the first allegation of discrimination levied against the
complex, but perhaps after paying a settlement of $6500.00, it will be the
last.
HOME is under
government contract to periodically check, or “test” area apartment
complexes to make sure they are in compliance with fair housing laws.
Oakridge Estates was selected for investigation in 1999 because according
to HOME records, there had been seven allegations of housing
discrimination against them over the previous ten years -- five of them
for discrimination against families with children.
During the course of
the investigation, a “tester” posing as the parent of two children
inquired about an apartment. The rental agent asked if she had children
and then informed her that families with children could not live on the
second floor. The tester was then only given the opportunity to view
first floor apartments. Extensive investigation followed, confirming that
the complex consistently made half their apartments unavailable to
families with children.
As a result, HOME’s
project coordinator contacted the complex management to notify them of
HOME’s findings and attempt to conciliate the matter. After several
attempts to contact them, HOME was referred to the complex’s attorney.
The attorney stated that their insurance company had advised them they
should not rent second floor apartments to families with children.
HOME staff advised the
attorney that fair housing laws prohibit limiting housing choices based on
familial status and sought to conciliate. The attorney said he would give
the matter consideration. After numerous delays, HOME staff notified
the attorney that if an agreement could not be reached, HOME would
commence legal action. Still there was no response and so a complaint of
familial status discrimination was filed in federal court on behalf of
HOME and its nearly 500 members against the complex.
HOME retained attorney
Dan Lakasik and on October 15, 1999, a complaint of familial status
discrimination was filed in federal court against the complex on behalf of
HOME’s and its nearly 500 members.
After nearly two years
of negotiations, a settlement was finally reached and the defendants,
without admitting any wrongdoing, agreed to:
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Reimburse HOME in the amount
of $6,500 within 15 days of the agreement;
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Acknowledge fair housing
laws and comply with them in all future rentals;
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Display a fair housing
poster to be supplied by HOME;
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Have all future publicity
for the complex bear the phrase “Equal Housing Opportunity” or the equal
housing logo;
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Have their staff attend a
fair housing training; and
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Make compliance with fair
housing law a condition of employment.
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