FHC Files First Amended Complaint in Federal Lawsuit for Housing Bias Against Families with Children

The Fair Housing Center of the Greater Palm Beaches (FHC) has filed it’s first amended complaint to protect families with children from illegal housing practices in Palm Beach County.

Last May the FHC filed a lawsuit alleging that Sonoma Bay Community Homeowners Association, Emanuel Management Services, LLC, Marsh Harbour Maintenance Association, Inc., Prestige Quality Management, LLC, and related entities and individuals discriminate in their policies and practices by unnecessarily and unfairly imposing burdensome requirements and restrictions on families with children.

Since that time fourteen individuals, who allege to have been harmed, have come forward as a result of the FHC’s ongoing efforts to assist victims and repair the damage done to our greater community. All fourteen have been added to the amended complaint. In addition,  four more individuals and companies have been named as defendants as a result of the FHC’s ongoing campaign to counteract and deter these alleged illegal practices.

In March of 2013, the FHC discovered several advertisements listing  a unit in the Sonoma Bay condominium development with the statement: “HOME OWNERS ASSOCIATION REQUIREMENTS” report cards for children under 18. FHC undercover testing confirmed the requirement. The FHC subsequently learned of similar policies and/or practices at the Marsh Harbour condominium development and conducted testing confirming the same or similar policies and/or practices as those at Sonoma Bay.

The lawsuit, which has drawn nationwide attention, challenges the use of rental applications that require prospective tenants to submit report cards for persons under the age of 18 years old.  A sundown curfew on persons under the age of 18 requires them to be inside or on their patios after sundown.

In the amended complaint the FHC and new individuals allege that these policies and practices have the effect of penalizing families with children that allow their children to play outside, cause psychological harm and have adverse physical effects on children who reside in these developments by restricting their ability to freely play outside.

It further states: “These policies and practices are unsound and unjustified and are applicable only to families with children. As such, the challenged policies and practices are discriminatory and unjustified and in violation of federal and state fair housing laws.”