HUD Charges New Jersey Housing Providers with Discrimination After Selective Application of Eviction Policy and Retaliation

WASHINGTON – The U.S. Department of Housing and Urban Development (HUD) announced today that it has charged Wrightstown, New Jersey, housing providers Burlington Preservation Associates, LLC, Arbor Management, LLC, and Leon N. Weiner & Associates, Inc. (the “Respondents”) with violating the Fair Housing Act for discriminating against a Black Hispanic father and his three minor children because of his race, color, national origin, and familial status. HUD also charged the Respondents with retaliating against the tenant for pursuing a fair housing complaint against them. Read HUD’s Charge here.

HUD’s charge alleges that the Respondents barred the Complainant and his three minor children from the property and initiated an eviction immediately after his incarceration, even though his attorney advised the Respondents that the incarceration was likely to be brief and his rent was fully paid during this time. The Respondents claimed their actions were based on a purported rule allowing them to evict for the mere incarceration of a sole household member. HUD’s investigation found that this rule was not similarly enforced against a white non-Hispanic tenant without children who was also incarcerated for pending charges. The Charge further alleges that the Respondents could not provide a non-discriminatory justification for the more aggressive approach they took to enforcing their incarceration policies against the Complainant.

“The Fair Housing Act requires housing providers to treat all tenants equally regardless of their race, color, national origin, or familial status, and also prohibits retaliation against individuals who report housing discrimination.” said Diane M. Shelley, HUD’s Principal Deputy Secretary for Fair Housing and Equal Opportunity. “Today’s Charge confirms that HUD will take action to ensure all housing providers comply with the Fair Housing Act in all housing related activities.”

“Today’s Charge is a reminder that housing providers may not selectively enforce rules depending on a tenant’s race or other protected class,” said Damon Smith, HUD General Counsel. “HUD will continue to act to protect tenants’ rights under the Fair Housing Act.”

HUD’s charge will be heard by a United States Administrative Law Judge (ALJ) unless any party to the charge elects to have the case heard in federal district court. If an ALJ finds after a hearing that retaliation has occurred, they may award damages to the complainant for harm caused by discrimination. The ALJ may also order injunctive relief and other equitable relief, as well as payment of attorney fees. In addition, the ALJ may impose fines to vindicate the public interest. If the matter is decided in federal court, the Federal Court judge may also award punitive damages.

For more information on potentially discriminatory evictions, please refer to this HUD Fact Sheet.

People who believe they are the victims of housing discrimination should contact HUD at (800) 669-9777 (voice) or (800) 927-9275 (TTY). More information is available at www.hud.gov/fairhousing. Housing providers and others can learn more about their responsibility to provide reasonable accommodations and reasonable modifications to individuals with disabilities at https://www.hud.gov/program_offices/fair_housing_equal_opp/reasonable_accommodations_and_modifications. Materials and assistance are available for persons with limited English proficiency. Individuals who are deaf or hard of hearing may contact the Department using the Federal Relay Service at (800) 877-8339.

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