Mandalay Apartments Ordered to Comply with the Fair Housing Act - 7/9/2010

Miami, FL - A settlement has been reached in a familial status discrimination lawsuit requiring owners of a Ft. Lauderdale complex to pay $25,000 in compensatory damages and $20,000 for reasonable attorneys’ fees in addition to adherence to a list of tasks they must complete during the term of the 3-year consent order.

In late 2009 HOPE, Inc. sent testers to Mandalay Apartments and uncovered evidence of discriminatory treatment regarding housing availability based upon familial status (families with children). HOPE v. Laurence Diskin Trust, et al. was filed by the Florida Justice Institute on October 15, 2009, in the US District Court for the Southern District of Florida against the owners of Mandalay for refusal to rent second floor apartment units to families with children under the age of 10. The federal (and state) Fair Housing Acts state that it is unlawful to limit housing opportunities based upon protected classes. Denying families the opportunity to access apartments, based upon location of the units, suggests a limitation on a family‘s right to live wherever they choose as long as they can afford the unit and meet the occupancy standards.

The settlement agreement enjoins Mandalay owners from discriminating against any renter or prospective renter on the basis of familial status; advertising in any way that indicates any preference, limitation or discrimination based on familial status; and representing to any person because of familial status that any apartment located within Mandalay Apartments is not available for inspection or rental when such apartment is in fact so available. Additionally, the defendants will be required to:

Post a “Equal Housing Opportunity” sign in plain sight whenever a vacancy exists
Receive educational training for the staff and agents from HOPE, Inc.
Furnish employees and agents with letters summarizing policies of nondiscrimination and copies of the Federal and Florida Fair Housing Acts

“We are pleased with the outcome of this lawsuit and the cooperative spirit of the owners of Mandalay who have gone beyond the scope of the settlement agreement to ensure that it offers fair and equal housing opportunities to all. We understand the policy of not accepting families with children under the age of 10 on the 2nd floor to have been in place prior to the 1988 Fair Housing Amendments Act adding familial status as a protected class. This case serves as a lesson to housing providers regarding the potential costs of failing to train themselves and their employees regarding compliance with fair housing laws.” states Keenya Robertson, HOPE’s President & CEO.