HUD Charges Landlord and Realtor With Disability Discrimination

WASHINGTON - The U.S. Department of Housing and Urban Development (HUD) announced today that it is charging a condominium owner and the owner's realtor, in San Juan, Puerto Rico with violating the Fair Housing Act by refusing to renew a tenant's lease based on disability, making discriminatory statements, and interfering with the tenant's fair housing rights. Read the Charge.

The Fair Housing Act ("Act") prohibits discrimination based on disability. Such discrimination includes refusing to renew a lease based on a person's disability, making discriminatory statements, or interfering with a tenant's exercise of fair housing rights.

HUD's charge alleges that the landlord approved a six-month lease renewal but revoked that renewal and advised they intended to evict the tenant and his family one day after he disclosed his disability status. It is additionally alleged that housing providers made certain comments indicating a preference for non-disabled tenants.

"The Fair Housing Act is a mechanism to end discrimination in all phases of home-buying or renting, and its enforcement puts us closer to securing equal access to safe, affordable, and accessible housing opportunity for all," said Demetria L. McCain, HUD's Principal Assistant Deputy Secretary for Fair Housing and Equal Opportunity. "HUD is committed to vigorously enforcing the Act to protect the rights of individuals with disabilities."

"The Fair Housing Act prohibits housing providers from discriminating against individuals with disabilities and from interfering with their right to equal access to housing," said Damon Smith, HUD's General Counsel. "This charge is an important reminder that HUD will charge housing providers who fail to follow the law."

A United States Administrative Law Judge will hear HUD's charge unless any party to the charge elects to have the case heard in federal district court. If an administrative law judge finds, after a hearing, that discrimination has occurred, they may award damages to the individuals for their losses as a result of the discrimination. The judge may also order injunctive relief and other equitable relief, to deter further discrimination, as well as payment of attorney fees. In addition, the judge may impose civil penalties to vindicate the public interest. If the federal court hears the case, the judge may also award punitive damages to the complainant.

People who believe they are the victims of housing discrimination should contact HUD at (800) 669-9777 (voice) 800-927-9275 (TTY). Additional information is available at www.hud.gov/fairhousing. 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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