Sunday, December 18, 2016

SoCal Landlord That Allegedly Refused To Allow Elderly Disabled Section 8 Resident To Have His Adult Daughter Reside In Apartment As A Live-In Caregiver Agrees To Pay Him $15K & Let Her Stay With Him In Resolution Of HUD Housing Discrimination Complaint

From the U.S. Department of Housing & Urban Development (Washington, D.C.):
  • The U.S. Department of Housing and Urban Development (HUD) [] announced an agreement with the owners and operators of Swansea Park Senior Apartments in Los Angeles to resolve allegations that they violated fair housing laws for refusing to allow a resident with disabilities to have a live-in aide and making discriminatory statements to him. Read the Voluntary Compliance Agreement (VCA).

    The Fair Housing Act prohibits discrimination in the sale or rental of a dwelling because of disability, including the refusal to make reasonable accommodations in policies or practices when a person with a disability requires such an accommodation. This includes being allowed to have a live-in caregiver in a unit when it is necessary. In addition, Section 504 of the Rehabilitation Act of 1973 prohibits discrimination on the basis of disability by any program or activity receiving federal financial assistance.(1)
    The agreement announced [] follows a complaint filed by a resident with disabilities who was denied a reasonable request to have his daughter reside with him as his live-in aide.

    The manager allegedly advised the resident that if he was that sick he should not be living at the property and that if he needed assistance during the night, he should call 911. The manager also allegedly told the resident that she had blacklisted him and would check his apartment nightly to see if he had secretly let anyone in.

    Because his reasonable accommodation request was denied, the man’s daughter had to shuttle him back and forth between her home and his home in order to care for him.

    Under the terms of the agreement, the respondents will, among other things, pay the man $15,000, allow his daughter to be his live-in aide, undergo fair housing training, and adjust their reasonable accommodation policy.
Source: HUD Announces Fair Housing Agreement With Los Angeles Landlords To Settle Discrimination Compllaints.
(1) Apparently, the Swansea Park Senior Apartments in Los Angeles provides housing for the elderly, and has a project-based Section 8 rental subsidy contract with HUD, in which all 38 units at the property receive Section 8 assistance. This means that 100% of the renter households in the property pay no more than 30% of their adjusted income for rent.