I was in the process of updating the online fair housing continuing education courses offered by my school (www.123ConEd.com), when I came across this Fair Housing Act case.
In United States Department of Housing and Urban Development v. Princeton Property Management, Inc., and Masters Loop, LLC, HUD No. 08-068 (settlement reached on May 15, 2008), HUD settled a disability discrimination case for $40,000 that was brought against the managers and owners of an apartment complex who failed to reasonably accommodate autistic child.
On May 15, 2008, HUD settled a discrimination complaint filed against Princeton Property Management, Inc. and Masters Loop, LLC for $40,000. The complaint alleged that they had violated the Fair Housing Act on the basis of disability by refusing to grant Daniel and Jenny Sanchez a transfer to a ground floor apartment as a reasonable accommodation for the special needs of their three-year-old son.
The Sanchezes requested to move to a ground floor apartment to avoid disturbing their neighbors when their young child stomped and banged on the floor. Although the Sanchezes informed the management staff that the reason for their son’s behavior was due to his autism, their request was refused. The Sanchezes received notices for noise disturbances in June and September 2007, after a number of complaints from neighbors. Although a ground floor apartment became available during that time period, management made a decision not to offer it to the Sanchez family.
On November 7, 2007, the Sanchezes were notified their lease would not be renewed and were told to vacate the apartment by December 31, 2007. On December 1, 2007, the family again requested a ground floor apartment by submitting a written request. That request was denied on December 3, 2007, for the stated reason that too many residents had complained about the noise.
Mrs. Sanchez, pregnant with a second child, contacted management several times over the next few weeks to request an extension because she was due to deliver on December 31, 2007. Initially, management indicated that it might allow an extension of time for the move-out. However, after management received a copy of the filed housing discrimination complaint the request was denied. Consequently, the Sanchezes vacated the apartment by the deadline.
The Sanchezes filed their complaint with HUD in December 2007, alleging that Masters Loop, Inc., the owner of the 144-unit Masters Apartments, and Princeton Property Management Company, Inc., violated the Fair Housing Act’s prohibition against disability discrimination in its “refusal to make reasonable accommodations in rules, policies, practices, or services,” when such an accommodation is necessary to afford the family an equal opportunity to enjoy a dwelling. The law requires owners and property managers to make changes to their policies when such an accommodation is reasonable and will afford a person with a disability the ability to enjoy their home.
In addition to the $40,000 payment to the Sanchezes, the May 15, 2008 settlement also required the defendants to donate $2,500 to an autism group and $2,500 to a designated early childhood development center in the family’s school district. The settlement also required the defendants to undergo fair housing training, notify tenants and applicants of the company’s reasonable accommodation policy and submit reports to HUD regarding the handling of reasonable accommodation requests at the apartment complex for a one-year period.
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