Saturday, March 09, 2013

Bay State AG Squeezes Landlord For $75K To Resolve Fair Housing Charges Alleging Use Of Bullying Tactics Against Renters With Young Kids To Dodge Obligations To Delead Apartments

From the Office of the Massachusetts Attorney General:
  • A Boston area property owner has agreed to pay $75,000 and delead his rental units, resolving allegations that he engaged in a pattern of unlawful and retaliatory practices against tenants with young children in order to avoid his obligation to comply with state lead paint laws, Attorney General Martha Coakley announced today.

    The consent judgment, [...] resolves a fair housing complaint filed in February 2011 against Keith L. Miller, of Newton, who at the time owned and managed at least 24 residential rental units in Chelsea, Newton, Arlington, and Brighton. This is the largest fair housing settlement with a landlord that has been reached under AG Coakley.
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  • In February 2012, the AG’s Office expanded its case against Miller, after learning of additional claims by tenants of the landlord’s bullying tactics and discriminatory behavior.

    The amended complaint alleged that Miller evicted, or threatened to evict, tenants with young children, rented apartments containing lead paint to tenants with young children, failed to remove lead hazards in those apartments, failed to provide proper notice of lead hazards to his tenants, made misrepresentations regarding the presence of lead paint in his apartments, and refused to repair unsafe and unsanitary conditions.

    More recently, the AG’s Office obtained summary judgment for claims that Miller failed to abate lead hazards, failed to provide proper notice of lead hazards, and that he illegally attempted to charge tenants for water use. The court held that those violations constituted violations of the state’s Consumer Protection Act as well.
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  • Massachusetts laws [] require disclosure of lead paint history, abatement of lead paint hazards in units in which children under the age of six are present, and prohibit landlords from retaliating against tenants who assert their rights under the lead paint laws.
For the Massachusetts AG press release, see Boston Area Landlord to Pay $75,000 and Delead Units to Resolve Fair Housing Lawsuit (Largest Fair Housing Settlement with Property Owner to Date Under AG Coakley).