HUD Charges Florida Property Manager with Disability Discrimination

HUD Charges Florida Property Manager with Disability Discrimination

WASHINGTON - The U.S. Department of Housing and Urban Development (HUD) announced today that it has charged Pensacola, Florida, property manager, Jonathan Faircloth, with discrimination against a tenant because of her disability. HUD's Charge of Discrimination alleges that the Respondent failed to grant a reasonable accommodation when the Complainant requested a live-in aide and an emotional support animal due to her physical disability. Read HUD's Charge.

The Fair Housing Act ("the Act") prohibits discrimination based on disability. Such discrimination includes refusing to rent based on a person's disability, failing to grant reasonable accommodations, or subjecting tenants to discriminatory terms and conditions.

"Live-in aides and emotional support animals provide people with disabilities the support they need to equally enjoy their homes," said Diane M. Shelley, HUD's Principal Deputy Secretary for Fair Housing and Equal Opportunity. "This charge demonstrates HUD's commitment to taking appropriate action when housing providers fail to comply with the Fair Housing Act."

"Housing providers must make reasonable accommodations to permit live-in aides and emotional support animals when necessary to afford persons with disabilities an equal opportunity to use and enjoy a dwelling," said Damon Smith, HUD General Counsel. "HUD will continue to take strong enforcement action to stop housing providers from subjecting their tenants to disability discrimination."

HUD's charge will be heard by a United States Administrative Law Judge (ALJ) unless any party to the charge elects to have the case heard in federal district court. If an ALJ finds after a hearing that retaliation has occurred, they may award damages to the complainant for harm caused by discrimination. The ALJ may also order injunctive relief and other equitable relief, as well as payment of attorney fees. In addition, the ALJ may impose fines to vindicate the public interest. If the matter is decided in federal court, the Federal Court judge may also award punitive damages.

People who believe they are the victims of housing discrimination should contact HUD at (800) 669-9777 (voice) or (800) 927-9275 (TTY). More information is available at www.hud.gov/fairhousing. Housing providers and others can learn more about their responsibility to provide reasonable accommodations and reasonable modifications to individuals with disabilities here. 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.