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Does age matter?
In July 1996, a woman contacted HOME because she had
encountered discrimination while attempting to help her two stepsons find
their first apartment. She had called the Kingswood Apartments in
Cheektowaga and when the manager learned that the unit would be occupied
by two young men aged 18 and 19 years, she informed their stepmother that
Kingswood would not rent to anyone under 21 years old.
HOME investigated the
allegation and gathered evidence which corroborated the woman’s statement.
HOME then assisted the two young men in filing a fair housing complaint
against the owners of the Kingswood Apartments.
Although discrimination on the basis of age is not prohibited
by federal law, it is against the New York State Human Rights Law which
makes it illegal to discriminate against people 18 or older on the basis
of age. Therefore, HOME assisted the young men to file a complaint with
the NYS Division of Human Rights (DHR).
Because a large
apartment complex which has an illegal rental policy has the potential to
do so much damage, HOME filed a parallel complaint of discrimination on
the basis of age and sex. The second case was filed on behalf of HOME’s
membership who support the organization’s mission of ensuring equal
housing opportunity to everyone in Western New York.
In November 1997, after
a thorough investigation and several failed attempts to conciliate the
matter, DHR issued a finding of Probable Cause. At that time, DHR was
backlogged with older cases, and slow to resolve both their old and new
cases.
However justice delayed
is not always justice denied. In May 2004, DHR was able to negotiate a
settlement between the parties. Kingswood, although not admitting any
wrongdoing, agreed to pay a total of $6,000 to the two young men and
HOME. In addition, Kingswood also agreed to adopt written rental policies
in compliance with fair housing laws and send their rental agents to fair
housing training.
You can’t say no to children
All she wanted was to
find a place to live for herself and her two boys.
In July 1999 when Jean
Joyce called Metro Crown Realty to inquire about the two bedroom apartment
she had seen in the paper, she expected to make an appointment to view the
unit and determine if it would be suitable for her family. Instead she
was told, “I do not rent to mothers who have young children.”
When Ms. Joyce heard
that, she felt shock and disbelief. She called HOME and reported what had
occurred. HOME initiated an investigation which supported the allegation
that Metro was discriminating against families with children in violation
of the Federal Fair Housing Act.
In January 2000, HOME
assisted Ms. Joyce in filing a complaint with the U.S. Department of
Housing and Urban Development (HUD).
HOME then joined
Ms. Joyce as a co-plaintiff in the case.
The HUD investigator
attempted to negotiate a settlement but his efforts were unsuccessful.
The case was then sent to HUD counsel for litigation. Metro Crown Realty
elected to remove the case from HUD and to have it adjudicated in federal
court. Ms.
Joyce and HOME engaged the services of Dan Kohane of Hurwitz and Fine,
P.C. to represent them, and Mary E. Fleming, Assistant U. S. Attorney was
appointed to represent the interests of the federal government.
In May 2004, a
three-year consent decree was entered and signed by Judge John T. Curtin.
Without admitting any wrongdoing, the defendants agreed to affirmative
relief including: refraining from preventing families with children from
living in their dwellings; mandatory fair housing training; and
maintaining a record of inquiries and rentals to be available for review
by the federal government. The defendants were also required to pay
$7,500. |
