“FHC Taking City of Boca Raton and Major Housing Providers to Federal Court for Housing Discrimination Against Families with Children”

 

 

The Fair Housing Center of the Greater Palm Beaches, Inc. (FHC) today filed a federal lawsuit against the City of Boca Raton, and the owners and operators of student housing developments in Boca Raton, Park Partners Residential LLC, Giles Capital Group, LLC, Lewis Rental Properties, Rosemurgy Properties, LLC, and Preiss Company, LLC.

 The FHC suit alleges that the Defendants discriminate in the rental of housing based on familial status, in violation of the Federal Fair Housing Act of 1968, as amended.  The suit arises as a result of a FHC testing investigation that showed that homeseekers with minor children were treated differently from homeseekers without minor children.

 In early 2012, the City of Boca Raton passed Ordinance 5193, which created a new zoning district for student housing.  The ordinance defines student housing as “housing that is specifically designed for occupants who have been accepted for full-time admission, or are enrolled in and attend Florida Atlantic University (“FAU”), Lynn University or Palm Beach State College in a 4-year degree program(s).”  The ordinance requires that each “student sleeping room” contain “1 bed, 1 private closet, and 1 private bathroom,” and that the minimum floor area of each sleeping room “shall be 150 square feet per occupant.” The zoning restrictions discriminate against minor children and there are no exceptions in the ordinance even for the students with dependent minor children.

 Additionally the City’s square footage requirement within the student zoning district, is significantly more restrictive than the occupancy limitations imposed by the Palm Beach County Housing Code. According to the housing code, a sleeping room with 150 square feet of floor area is sufficient space for two occupants.  The square footage requirement in Ordinance 5193 is also more restrictive than the U.S. Department of Housing and Urban Development’s (HUD) policy on occupancy standards, which provides that an occupancy policy of two persons per bedroom, as a rule, is reasonable under the Fair Housing Act.

 The private Defendants own and operate “student housing” apartment buildings (“University Buildings”) in Boca Raton.  One of the buildings, University Park, is located within the City’s student zoning district and all of the buildings are marketed exclusively to students. They are private housing communities, which are not on any university or college campus or otherwise associated with an educational institution. The apartments in the University Buildings are leased as individual student sleeping rooms, so that each sleeping room has its own lease. This lease requirement precludes minor children from the apartments because they cannot legally sign a lease.  Further, only one person may occupy a bedroom, regardless of the square footage of the room.

 The inevitable and foreseeable result of the leasing policies at the University Buildings and of Ordinance 5193 is that students with minor children are excluded from living in these private residences.    The zoning code and the University Buildings were not developed in response to any demonstrated need for student housing.  Officials from the largest nearby school, FAU, opposed the ordinance stating that private, off-campus student housing was unnecessary.  Instead, it appears that the owners and operators of the University Buildings chose to create student housing, effectively precluding minor children, as a way to maximize their profits from the buildings.

 The very colleges singled out by the City of Boca Raton in the passage of Ordinance 5193 recognize that many of their students are parents.  FAU, with a total enrollment of more than 25,000 students, offers childcare on campus that aims to “provide care and a high-quality educational environment/experience for the children of FAU students.”  Palm Beach State College, with a total enrollment of more than 15,000 students, provides resources on its website for students who may be in need of subsidized childcare.  Most students at Lynn University are required to live on campus, but Lynn makes an exception for students with children.

 “The City of Boca Raton received thousands of taxpayers’ dollars by certifying to the U.S. Department of Housing and Urban Development (HUD) that they would affirmatively further fair housing within its city limits. This illegal ordinance is a clear violation of the Fair Housing Act and runs contrary to that certification to HUD”, stated Vince Larkins, FHC President/CEO.

 The plaintiffs are represented by Attorneys Reed Colfax, and Tara K. Ramchandani, of the law firm of Relman, Dane & Colfax, PLLC, based in Washington, DC., and Attorney Maxine Cheesman, of the Law Office of Maxine D. Cheesman, P.A. in West Palm Beach, Florida.

 Anyone who believes they have been discriminated against at University Park, University Square, or University View may call the FHC’s toll-free hotline, at 1-877-910-FAIR.

 

National Fair Housing Alliance Welcomes New Fair Housing Act Guidance on Use of Criminal Records in Housing Transactions

 

WASHINGTON, DC— Shanna L. Smith, President and CEO of the National Fair Housing Alliance (NFHA), issued the following statement commending the U.S. Department of Housing and Urban Development (HUD) on its Fair Housing Act guidance concerning the use of criminal records in housing decisions:

“African-Americans and Latinos are disproportionately likely to have a criminal record compared to White Americans, and this is a direct result of our nation’s mass incarceration epidemic and centuries-long disparities in the way law enforcement has targeted different communities based on race and ethnicity.  As our nation begins to turn back this disturbing reality and ease re-entry back into society, we must affirmatively commit to removing all barriers that stand in the way of achieving success for families and the formerly incarcerated.  The Fair Housing Act is one tool to help achieve that goal.”

“Finding safe and stable housing is a foundation for successful re-entry into society, but these opportunities remain elusive for people with a criminal history and more so for those who are people of color.  Today’s HUD guidance will help make clear how housing providers can appropriately consider criminal history, and that blanket prohibitions on people with any criminal history can have a discriminatory effect on people of color and violate the Fair Housing Act.  The guidance also clarifies how differential treatment in using criminal history information can similarly be a violation of the Act.”

“The fair housing movement is proud of HUD’s policy announcement.  We look forward to working with HUD and housing providers to better apply this important guidance, and we hope to work with HUD to establish similar guidance for other protected classes, including for people with disabilities with a criminal history related to their disability.”

 

 

 

 

 

HUD KICKS OFF FAIR HOUSING MONTH 2016 BY LAUNCHING NATIONAL MEDIA CAMPAIGN THAT DEPICTS SHARED OPPORTUNITY FOR ALL

 

WASHINGTON – The U.S. Department of Housing and Urban Development (HUD) today kicked off Fair Housing Month 2016 with the launch of a new national media campaign that helps the public to envision what communities with shared opportunity for all might look like. The new campaign is designed to further educate the public about their housing rights and the ideals behind HUD’s new Affirmatively Furthering Fair Housing (AFFH) initiative.

The campaign, which was developed in partnership with the National Fair Housing Alliance (NFHA), will include print Public Service Announcements (PSAs) in various languages, television PSAs in English and Spanish, online videos, and social media outreach. The campaign will run throughout 2016, and comes as the nation celebrates the 48^th anniversary of the Fair Housing Act, the landmark law that was passed one week after the assassination of Dr. Martin Luther King Jr. in April 1968.

Every April, HUD, local communities, fair housing advocates, and fair housing organizations across the country commemorate Fair Housing Month by hosting a variety of activities that enhance Americans’ awareness of their fair housing rights, highlight HUD’s fair housing enforcement efforts, and emphasize the importance of ending housing discrimination.

“A core belief of our values as Americans is the idea that every person deserves a fair chance to secure safe and stable housing,” said HUD Secretary Julián Castro. “Your race, how you get around, the size of your family, whether you come from another country, if you are a man or a woman, or whatever your religious beliefs are should never hinder your housing goals. I am proud of the work our fair housing staff does every day in conjunction with our state and local partners to ensure that everyone’s fair housing rights are honored.”

Through an array of enforcement activities, fair housing policy initiatives, and education and outreach efforts, HUD’s Office of Fair Housing and Equal Opportunity continues to take action against individuals and housing providers that discriminate.  Last year, HUD and its Fair Housing Assistance Program partner agencies received 8,293 complaints alleging discrimination based on one or more of the Fair Housing Act’s seven protected classes: race, color, national origin, religion, sex, familial status, and disability. During that period, the categories with the highest number of complaints were disability and race, respectively. HUD also focused on lending discrimination, as well as various forms of discrimination faced by women, families with children, and LGBT persons.

In particular, the new media campaign reinforces the ideals behind the Affirmatively Furthering Fair Housing rule, which provides communities that receive HUD funding with the tools and support needed to meet their fair housing planning obligations. The final AFFH rule also provides HUD program participants with guidelines and the data they need to meet their fair housing planning obligations. Since the Fair Housing Act first became law, HUD funding recipients have been obligated to reduce barriers to housing choice and to promote equal access to opportunity, including economic opportunity.

“Nearly 50 years after it was passed, the Fair Housing Act remains a powerful tool to ensure housing providers give every person an equal chance to find the home that is right for them, without prejudice or discrimination,” said Gustavo Velasquez, HUD Assistant Secretary for Fair Housing and Equal Opportunity. “As we move to implement the Affirmatively Furthering Fair Housing rule in partnership with local jurisdictions, we are pleased to be entering the next level of fair housing where every family, regardless of zip code, has access to the resources and opportunity they need to get ahead.”

“This campaign is an important component of our efforts to both eliminate unfair barriers to housing opportunity and to establish vibrant, diverse, and inclusive neighborhoods in all communities,” said Shanna L. Smith, president and CEO of the National Fair Housing Alliance, HUD’s partner in the creation of the campaign.

 

HUD REACHS $1.9 M SETTLEMENT WITH FIRST TENNESSEE BANK FOR BIAS AGAINST BLACKS & LATINOS

The U.S. Department of Housing and Urban Development (HUD) has announced a $1.9 million settlement with Memphis-based First Tennessee Bank, resolving allegations that the bank discriminated against African-American and Hispanic applicants by denying them mortgage loans and by allegedly failing to place bank branches in minority-concentrated areas. Read the agreement here.

The Fair Housing Act makes it unlawful to discriminate in the terms, conditions, or privileges of sale of a dwelling because of race or national origin.  The Act also makes it unlawful for any person or other entity whose business includes residential real estate-related transactions to discriminate against any person in making available such a transaction, or in the terms or conditions of such a transaction, because of race or national origin.

“Every family should have an equal shot at becoming a homeowner, regardless of what they look like or where they come from. Anything less is against the law,” said HUD Assistant Secretary for Fair Housing and Equal Opportunity Gustavo Velasquez. “HUD remains committed to ensuring that banks and other lenders comply with the Fair Housing Act.”

The Conciliation Agreement stems from a complaint the National Community Reinvestment Coalition filed with HUD alleging the bank denied loan applications from African-American and Hispanic borrowers at disproportionate rates and failed to place bank branches in minority-concentrated areas in Chattanooga, Knoxville, Memphis and Nashville.

Under the agreement, First Tennessee Bank will establish a $1.5 million subsidy fund to provide interest rate reductions on home mortgages, and down payment or closing cost assistance to qualified borrowers in identified portions of Chattanooga, Knoxville, Memphis and Nashville.

In addition, First Tennessee Bank agreed to partner with one or more community-based organizations to provide home repair or other grants to help existing homeowners repair their properties in predominantly minority communities, or partner with one or more community-based organizations to provide credit, financial, homeownership or foreclosure prevention services to residents in the affected areas.  Specifically, First Tennessee Bank will contribute $270,000 over three years to support these partnership efforts and an additional $105,000 to fund similar services to be provided directly by the National Community Reinvestment Coalition

Finally, the bank will pay $25,000 in damages to the National Community Reinvestment Coalition.