FAMILIAL STATUS COMPLAINTS
Failure to Rent
January 23, 2009 - SPOKANE, WA – Jennifer and James Butler were victims of the 2006 Tennesse tornado and were staying with friends while searching for housing in Spokane. They had two young girls, and Jennifer was pregnant. After viewing a second story unit they signed a rental agreement with the owner and applied some tornado refugee assistance money towards securing the apartment. That evening the owner called to let them know that they wouldn’t be able to rent the unit after all because of concern about the safety of the children with large bay windows in the unit. The Butlers offered to sign a liability agreement but the owner would not rent the apartment to them. The Butlers filed an administrative complaint with the US Dept. of Housing and Urban Development (HUD) with NWFHA, serving as their representative. After efforts to concilate the complaint failed, the WSHRC determined that there had been reasonable cause to file the complaint due to familial status discrimination and referred the case to the Washington State Attorney General’s office. Prior to a hearing before an Adminstrative Law Judge the respondents agreed to settle the complaint. Under the terms of the settlement, the complainants received an $8000.00 compensatory award for emotional and out-of-pocket damages; additionally, a $5000.00 civil penalty was assessed against respondents, payable to the WSHRC.

Familial status sales testing - NWFHA conducted an audit sales test based on national origin on 11/4/07. The Control tester was a married Caucasian female with two small children and the protected class tester was a Hispanic female with two small children. During this test, the real estate agent steered both testers away from the complex because of their children. A second sales test based on familial status was designed, developed and conducted on 1/26/08. The testers for the second test were a married Caucasian female with two young children and a married Caucasian female with no children. Both testers visited the site and met the same agent on the same day within a half an hour of each other. Again, the agent steered the protected class tester to family neighborhoods on the South Hill and away from the housing development. The agent met with the Control and promoted the development and its amenities. Based on the testing evidence, NWFHA filed a complaint with HUD against the brokerage and the agent. A conciliation agreement provided for reimbursement of NWFHA’s expended resources and damages, fair housing training for the Brokerage’s agents, and monitoring testing.
Familial status rental steering – Newspaper advertisements and on-site signage for “mature living” led NWFHA to conduct 4 tests at a multi-family complex in Spokane in 2007. Phone testing results revealed that the manager steered people with children away from the complex. She advised the testerst that the complex was very quiet, there were no children living there, it was occupied by all adults and mostly elderly people, it was not really set up for families with children, and there were no play areas for children. NWFHA filed a complaint with HUD in July 2007. The complaint was withdrawn and a private settlement agreement entered into between NWFHA and the respondent in November 2007. The agreement provides for fair housing training for tenants and managers, the installation of a family-oriented play area, reimbursement of NWFHA’s expenditures and damages incurred in investigating and filing the complaint, donantion of $1,500 to a community program to be used for rental application fees by low-income families, and one paired on-site monitoring test.
DISABILITY COMPLAINTS
Budget Hospitality, et al.
Denial of Companion Animal At Extended Stay Motel
September 29, 2008 - A 35 year old man with multiple disabilities agreed to settle an administrative complaint filed with the U.S. Dept. of Housing & Urban Development (HUD) against Budget Hospitality and its manager, Mary Hale-Qualls, (Respondents) who manage the Downtowner Motel in Spokane. Complainant alleged that he was denied a rental and refused a reasonable accommodation to have his service dog stay with him in December 2007. Complainant was in particular need of a place to stay at that time - he had just lost all his belongings, except his dog, in an arson fire that destroyed his former unit. Complainant had no apartment to return to and was in need of a place to call home. NWFHA assisted the Complainant in investigationg and filing the complaint with HUD. Testing by NWFHA confirmed that the Downtowner was not renting to individuals with service animals, except in very limited instances, such as when an individual needs a seeing eye dog. Pursuant to the terms of the September 5, 2008 concilation agreement, the Respondents admitted no fault but agreed to provide Complainant a letter of apology, pay him $5,000.00, obtain fair housing training for employees, and display a HUD Fair Housing poster in the rental office.

Denial of Rental Due to Service Animal
Complainant alleged that she applied for a 2 bedroom apartment in Spokane Valley and was told that her service animal had to be certified and trained to be allowed in the apartments. She then had a friend call and ask the manager questions; the friend was given the same information. Northwest Fair Housing Alliance sent testers to the apartment complex and the tests results confirmed the discriminatory treatment the complainant alleged. The apartment manager said that the service animals needed a training certificate. A complaint was filed with HUD and an investigation begun by the Washington State Human Rights Commission. In settlement of the complaint, the Respondent admitted no wrongdoing, but agreed to pay the complainant $2000.00 and to take fair housing classes through the Washington State Human Rights Commission.
Denial of Rental Due to Disability
Complainant is developmentally disabled and receives supportive services from an agency in Yakima. When she was ready to move into her own first rental apartment, staff at the supportive services agency helped her search for apartments. An apartment complex next to one of the facilities owned by the supportive services agency would have given her daily access to her friends and supportive service providers. Complainant alleged that when her caregivers took her to see the apartment complex they were turned away and told that “disabled people don’t really work with the interior hallways.” They referred Complainant to another apartment complex. With NWFHA’s assistance Complainant filed an administrative complaint with HUD. The case was conciliated during the Washington State Human Rights Commission investigation. The resulting agreement requires Respondent to give Complainant $1500.00 and to attend fair housing training. |