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.”

HOUSING GROUP CHARGES RACIAL DISCRIMINATION AT MIAMI APARTMENT COMPLEX

A lawsuit filed by a fair housing group claims race-based discrimination at Elite River View Apartments, a Miami apartment complex.

When Zipporah Hayes arrived at Elite River View Apartments to ask about a two-bedroom apartment for rent, the rental manager told her there were no units available, according to a federal lawsuit filed against the apartment complex owner.

Two hours later, Alexandra Del Rosario visited the same complex and asked about an apartment. The rental manager showed Del Rosario Penthouse 703. If approved, he said, “she can move in anytime.”

Hayes is African-American. Del Rosario is Hispanic.

A Miami-based fair housing organization — Housing Opportunities Project for Excellence (HOPE) — has filed a lawsuit against the apartment complex at 1750 NW 27 Ave., after “testing” the apartment complex three times from February to March. HOPE was checking to see whether the apartment complex had a pattern of renting units based on race — a discriminatory practice forbidden by the federal Fair Housing Act

HOPE, partially funded by the U.S. Department of Housing and Urban Development, conducts random, periodic discrimination testing.

Last week, HOPE and three African-American testers filed a federal lawsuit naming Elite River View Apartment Inc. and the manager Roberto “Doe” as defendants. The complaint alleges on three separate dates African-American testers were given the same message: no units were available. An hour or two later, a Hispanic tester would arrive and Roberto would show them available apartments.

“I am saddened and sickened at the same time,” said HOPE president Keenya Robertson. “We are 46 years past the Fair Housing Act that prohibits housing discrimination and we are still seeing the same kind of discriminatory activity. Racism is alive and well.”

Rolando Barrero, owner of Elite River View Apartments, did not respond to requests for comment. The rental manager, who would only give his first name as Roberto, said Elite River View Apartments welcomes all renters.

Roberto said he gives tours of the complex when units are available and tells prospective tenants apartments are given on a first-come-first-serve basis.

“I don’t discriminate or have preference for anyone,” Roberto said in Spanish. He declined to comment when pressed on the specific allegations about him telling prospective African-American renters that there were no available units, yet showing vacant units to a Hispanic person.

Here are the details, according to the HOPE lawsuit:

On March 13, Michael Goldwire, an African-American tester, visited the Elite River View Apartment office. The office was closed, so Goldwire called a posted telephone number for the manager. He spoke to a man named Roberto and asked to see a two-bedroom apartment. Roberto responded there weren’t any apartments available.

The lawsuit alleges Roberto knew Goldwire was African-American because of the surveillance cameras at the secured entrance.

Two hours later, Eugenio Reyes, a Hispanic tester, arrived and went inside the complex where he met Roberto. Roberto identified himself as the manager and janitor. Reyes asked to see a two-bedroom apartment. Roberto showed him Apartment 702.

On March 20, Lakeisha Wright, another African-American tester, knocked on the apartment complex’s office door. When she received no answer, she called the manager’s number. Roberto answered, telling her no units were available.

Just over an hour later, Laura Morales, a Hispanic tester, arrived at the complex and called Roberto, who met her in the parking lot and greeted her in Spanish. At her request, Roberto showed Morales a two-bedroom apartment, unit 703.

The plaintiffs are represented by Randall Berg Jr. and Dante Trevisani, civil rights attorneys at the Florida Justice Institute in Miami.

Berg said if not for these types of testing, most people wouldn’t know they were being discriminated against based on their race.

“Doing this type of testing is very important,” he said. “It’s very depressing for someone of color to know you are being denied housing on the basis of your skin. Miami is considered a major up and coming area. If we are going to become the type of community we want Miami to be, we have to end this practice once and for all.”

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FHC FILES ANOTHER FEDERAL LAWSUIT AGAINST HOMEOWNER ASSOCIATIONS AND PROPERTY MANAGEMENT COMPANIES FOR HOUSING BIAS AGAINST FAMILIES WITH CHILDREN

The Fair Housing Center of the Greater Palm Beaches, Inc. (FHC) today filed a federal lawsuit against two more Palm Beach County homeowner associations and two property management companies for discrimination on the basis of familial status, in violation of the Fair Housing Act.

The FHC suit alleges 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.  The lawsuit challenges the use of rental applications that require prospective tenants to submit report cards for persons under the age of 18 years old and rules that impose a sundown curfew on persons under the age of 18, requiring them to be inside or on their patios after sundown.

“Parents should not be required to provide a report card for their children in order to obtain housing, nor should a homeowner’s association dictate whether your children and/or individuals under the age of 18 can be outside after dark,” stated Vince Larkins, FHC President & CEO.  “The suit signals the FHC and its allies determination to fight on for American families, as we celebrate the 46th Anniversary of the historic Fair Housing Act, passed days after the assassination of Dr. Martin Luther King Jr.,” he added.  

The FHC conducted an investigation of these Palm Beach County communities to support the allegations in their complaint.  The plaintiffs are represented by attorneys Janell Byrd and Pia Winston of Mehri & Skalet, PLLC, a Washington, D.C. law firm, and Ayesa Phillips of Ford & Phillips, P.L. in Hollywood, Florida.

Anyone who believes that they may have been discriminated against at Sonoma Bay and Marsh Harbour may contact the FHC’s toll-free hotline at 1-877-910-FAIR or click on File Complaint. Click on the icon above to view WPTV5 news story.

Fair Housing Month Event a Huge Success!

From (L) to (R) Pat Tracey Executive Director and Kenesha Wood Director of Counseling, both of R.E.A.C.H, Tequisha Myles, Esq. and Vince Larkins

The Fair Housing Center of the Greater Palm Beaches and the Legal Aid Society of Palm Beach County Fair Housing Month Celebration Event was a huge success. The event was one of the many across the country celebrating the passage of the historical Fair Housing Act of 1968, passed on April 11^th of 1968, days after the assassination of Dr. Martin Luther King Jr. on April 4^th .  

President Johnson, at the time of the signing of the bill,  said its passage was a fitting memorial to the live and work of Dr. King. Vince Larkins, FHC President/CEO,  lead a great discussion on the fair housing issues involved in the movie,   “A RAISON IN THE SUN, WHAT HAPPENS TO A DREAM DEFERRED”.  Make sure to visit the FHC in Facebook to view more pictures of the event. 

Thanks to all attendees & staffs of both agencies for a great night & discussion on this historical movie and a special thanks to Tequisha Myles, Supervising Attorney of the Legal Aid Society Fair Housing Project for spearheading this special occasion.

Mayor Taylor Declares April 2014 as “Fair Housing Month” in Palm Beach County

From (L) to (R) Vince Larkins, Mayor Taylor, Pamela Guerrier Esq.,Tequisha Myles Esq.

Pricilla Taylor, Mayor of Palm Beach County presented a proclamation at the April 1st meeting of the Board of County Commissioners to Vince Larkins, FHC President/CEO,  Pamela Guerrier, Director of Palm Beach the County Office of Equal Opportunity and Tequisha Myles, Supervising Attorney of Legal Aid Society of PBC Fair Housing Project declaring April 2014 as “Fair Housing Month” in Palm Beach County.