Saturday, July 18, 2009

Tenants Pocket Thousands In $ettlements In Fair Housing Discrimination Lawsuits Brought By Massachusetts AG

From the Office of the Massachusetts Attorney General:
  • AG Obtains Court Order Requiring Malden Landlords to De-Lead Rental Apartment in Settlement of Housing Discrimination Case: Attorney General Martha Coakley obtained a consent judgment against Wai On Chan and Qi Ling Huang-Chan, the owners of a three-bedroom rental property in Malden, resolving claims that they discriminated against a prospective tenant by allegedly refusing to rent to a prospective tenant with a child under the age of six years old because it would have required the landlords to abate any lead paint in the rental unit. [...] According to the complaint, the Chans refused to show their rental unit once they learned that the prospective tenants had an infant daughter. Under Massachusetts law, it is illegal to refuse to rent to a prospective tenant with young children due to the presence of lead paint. In addition to deleading the rental unit, the settlement requires the Chans to pay $1,000 to the victims.

  • AG Reaches Settlement Against Realty Company and Landlord for Allegedly Discriminating Against Two Women and 2-Year Old: Attorney General Martha Coakley’s Office obtained a consent judgment against Dorchester-based At Home Real Estate, Inc. (“At Home”), Edward Denney and Watershed Properties, Inc. (“Watershed”), resolving claims that the real estate company, landlord and property owner discriminated against two African-American women [with a two-year old child] by refusing to rent them an apartment because the defendants wanted to avoid their obligation to de-lead the apartment under Massachusetts lead paint laws. The consent judgment, entered yesterday by Judge Charles T. Spurlock in Suffolk Superior Court, requires the defendants to attend fair housing training, pay $7,500 to the victims, and for the property owner to de-lead the property.

  • AG Reaches $10,000 Settlement with Two Brookline Real Estate Brokers for Discriminating Against a Family with Young Children: Attorney General Martha Coakley’s Office obtained a consent judgment against Geoffrey Wells, doing business as (d/b/a) Harvard Real Estate of Brookline, and one of his employees, David Ravalli, accused of violating state antidiscrimination and lead paint laws by refusing to show a property to a family because they had young children. The judgment, [...] requires the brokers to pay the family $10,000 and prohibits them from discriminating against any person who seeks or applies for housing because they have children or otherwise discriminating against any person in violation of state and federal fair housing laws.

  • AG Sues Brighton Realty Company for Housing Discrimination: Attorney General Martha Coakley’s Office has filed a housing discrimination complaint against City Realty Group, Inc. (“City Realty”), a Brighton-based real estate company, and one of its real estate agents for refusing to rent an apartment to a tester from the Boston Fair Housing Commission who represented that she was looking for an apartment for herself and her three-year-old child. The complaint, [...] alleges that City Realty violated state antidiscrimination and consumer protection laws by refusing to rent to a prospective tenant with a child because it would have created an obligation to abate lead paint hazards in the rental unit. [...] The Attorney General’s Office is seeking an order prohibiting City Realty from engaging in housing discrimination, compensatory and punitive damages on behalf of the victim, and attorneys’ fees and costs.

  • AG Sues East Boston Landlord for Discriminating Against Family: Attorney General Martha Coakley’s Office has filed a housing discrimination complaint against Russell Tremaine, the owner of a three-unit building in East Boston, for refusing to rent an apartment to a couple and their infant daughter. The complaint, [...] alleges that Tremaine violated state anti-discrimination and consumer protection laws by refusing to rent to a family with a child because he wanted to avoid the obligation to abate lead hazards in the rental unit. [...] Under Massachusetts law, it is illegal to refuse to rent to a prospective tenant with young children due to the presence of lead paint in the rental unit. It is also illegal to discriminate against renters because of their familial status or because they have children. The Attorney General’s Office is seeking an order prohibiting Tremaine from engaging in housing discrimination, compensatory and punitive damages on behalf of the victims, civil penalties, and attorney’s fees and costs.

  • AG Reaches Settlement with Real Estate Company to Resolve Discrimination Claim: Attorney General Martha Coakley’s Office has reached a settlement with a Brockton real estate company in response to a tenant’s claim of discrimination and retaliation. The Assurance of Discontinuance filed in Plymouth Superior Court against Churchill Forge Properties, Inc., and its employee Joyce Levine, alleges that the real estate company and the employee violated state anti-discrimination laws by retaliating against an African-American tenant when he contacted the Massachusetts Commission Against Discrimination (MCAD). Churchill Forge, which is headquartered in Newton, Massachusetts, manages several rental properties across the Commonwealth. [...] “It is against the law for anyone to retaliate against a person who exercises his or her right to make an allegation of discrimination,” said Attorney General Martha Coakley. “If people do not feel free to speak out when they believe they have experienced discrimination, then the Commonwealth cannot effectively fight against discrimination.” [...] The Assurance of Discontinuance requires that Churchill Forge and its employees agree to abide by federal and state fair housing and anti-discrimination laws; [...] notify the Civil Rights Division of any discrimination complaints in the next five years; and pay $11,000 to the tenant. These obligations apply to all of the properties that Churchill Forge manages and operates across the Commonwealth.

  • AG Obtains Consent Judgment Against Boston Realty Company Resolving Allegations of Discrimination: Attorney General Martha Coakley’s Office has obtained a consent judgment against a Boston realty company and one of its owners, resolving allegations that they violated Massachusetts antidiscrimination laws by asking a prospective tenant about her national origin. [...] Dakota Enterprises and Lehrer will pay $8,000 to the prospective tenant and her husband, and $500 to the Commonwealth’s Local Consumer Aid Fund.

  • AG Obtains Consent Judgment Against Cambridge Landlord for Discriminating Against Section 8 Recipient: Attorney General Martha Coakley’s Office obtained a consent judgment against Brian Keefe and JBK Associates, LLC, the owners of a two-unit apartment building in Cambridge who were accused of violating state antidiscrimination laws by refusing to rent an apartment to an individual who participates in the Section 8 program. The judgment, [...] requires Keefe and JBK Associates to pay the victim $3,000 and prohibits them from discriminating against any person who seeks or applies for housing because they have a Section 8 voucher or otherwise discriminate against any person in violation of state and federal fair housing laws.

  • Attorney General Martha Coakley Obtains Jury Verdict in Housing Discrimination Case: A Suffolk Superior Court Jury returned a verdict [...] against Hakim DeFreitas of Dorchester ordering him to pay $8,200 in restitution for discriminating against a prospective tenant who would have used a Section 8 housing voucher to pay her rent. “The Section 8 program provides invaluable assistance to thousands of low income tenants in Massachusetts. This assistance is of particular importance during these economic times as we face critical housing needs and the strain on families is particularly great,” said Attorney General Martha Coakley. “Landlords in Massachusetts should understand that discrimination against prospective tenants that receive public assistance is against the law and will not be tolerated.” The complaint, [...] alleged that DeFreitas screened out applicants with Section 8 vouchers when he tried to find a tenant to rent a home he owned in Dorchester. Under Massachusetts law, it is illegal to discriminate against housing applicants because they receive public assistance, such as assistance through the Section 8 program. It also is illegal to print or publish a housing advertisement that says that Section 8 will not be accepted, or otherwise to make a discriminatory statement about Section 8 in connection with the rental of a home.

  • AG Obtains Consent Judgment Against Property Management Company and Condominium Association in Housing Discrimination Case: Attorney General Martha Coakley’s Office has obtained a consent judgment against Property Management of Andover, Inc., and Royal Oaks Condominium Association, resolving claims that the companies discriminated against a disabled condominium owner by refusing to provide him with a reasonable accommodation. [...] According to the complaint, [...] the condominium owner was diagnosed with melanoma, a type of skin cancer, in 2002 and received treatment in 2002-2006 for basal cell carcinomas. He continued to receive treatment for his condition and was advised by his doctor to utilize sun-protective devices, including an awning for his deck, which he then paid for and installed. The complaint alleged that after the owner submitted medical documentation to the defendants that demonstrated his need for sun protection, the defendants threatened to remove the awning and assess fees against him. The complaint alleged that by refusing to permit the owner to install an awning to accommodate his disability, the defendants violated state antidiscrimination law. In addition to barring the company from future acts of discrimination, the consent judgment requires Property Management of Andover, Inc., to [...] make a payment of $2000 to the condominium owner; [...] and report any discrimination complaint that it receives to the Attorney General’s Office for the next four years. In addition, the consent judgment permits the condominium owner to maintain an awning while he resides at the unit.

  • AG Obtains Judgment Against Brockton Property Owner and Landlord in Housing Discrimination Case: Attorney General Martha Coakley’s Office has obtained a consent judgment against a Brockton property owner and landlord, accused of unlawfully discriminating against a former tenant by refusing to participate in the Section 8 housing subsidy program. [...] The consent judgment resolves a complaint [...] alleging that the defendants discriminated against a tenant by refusing to accept her Section 8 housing subsidy and by refusing to make certain repairs to the tenant’s apartment, as required by the Section 8 program. Under Massachusetts law, it is illegal to discriminate against housing applicants because they receive public assistance.