Unfair Housing : Filing Suit Against Discrimination
Though illegal, it is not uncommon for landlords to turn away prospective renters because they are members of a minority group, or have children, say local housing authorities.
This month, the U.S. Department of Justice filed a lawsuit against the manager and owners of a North Hills apartment complex for allegedly discriminating against African-Americans. It is the first California case under a nationwide program that randomly tests landlords for discrimination.
In June, federal authorities reached a record $350,000 settlement with the owners of two Detroit apartment complexes for discriminating against African-Americans.
But because state and federal housing authorities have limited resources, only a fraction of the discrimination complaints filed are investigated. Budget cuts to the state’s Department of Fair Employment and Housing have also hampered enforcement efforts.
Discrimination Cases
The number of housing discrimination complaints filed to U.S. Department of Housing and Urban Development and Federal Housing Assistance Program (FHAP), which oversees local and state housing agencies, in Los Angeles County increased from 1991 to 1992.
Total complaints: 1991: 210; 1992: 214
Complaints filed with local Fair Housing Council in 1992: 247
Fair Housing Act
The federal Fair Housing Act of 1968 made it illegal to turn away prospective renters or home buyers on the basis of race. The act was amended in 1989, giving federal authorities the power to seek civil penalties and recover monetary damages for discrimination victims.
The nonprofit Housing Council used the new law to prompt federal officials to file a suit against a Sherman Oaks apartment complex. In May, the owners agreed to pay a $100,000 settlement.
State housing laws also ban housing discrimination.
Types of Discrimination
A discrimination complaint can be filed for the following reasons: race, skin color, disability, national origin, religion or sexual orientation.
A Typical Housing Discrimination Case
If a person believes he or she has been refused a rental for reasons of discrimination, complaints can be filed with either state or federal housing authorities. Or, if able to afford it, hire an attorney and file a civil lawsuit. Federal investigators can take four months or longer because of the backlog of complaints. State authorities say they have a 100-day limit on investigations.
1. Usually, the local housing council is the best place to file a complaint. Budget cuts have reduced the number of state investigations of housing discrimination.
In the Valley, the Fair Housing Council has an office in Van Nuys.
2. Typically, agencies such as the housing council or the U.S. Department of Housing and Urban Development send investigators, or testers to inquire about vacancies at the building in question. In a case of racial discrimination, testers could consist of a white and an African-American couple.
3. If the investigation uncovers strong evidence of discrimination, state or federal authorities will formally accuse the landlord of discrimination.
4. The tenant can then choose to have the matter taken before an administrative hearing officer or hire an attorney to file a lawsuit in civil court based on the government’s investigation.
5. At this point, apartment owners are likely to seek a settlement. Terms of the settlement may include monitoring landlord’s actions and requiring they take classes to learn federal housing laws.
6. If unsettled, it may be heard in court. If found guilty, landlord may have to pay compensatory and punitive damages. If complaint is decided by the state, maximum compensation is $1,000; (there is no cap on punitive damages under federal fair housing law).
Voice of Concern
“We’re beginning to see that surveillance cameras are not only for protection, but are also used to screen potential tenants as they approach a building (inquiring about vacancies). . .We hope not only to enforce the fair housing law, but also to educate the community by going out and speaking in outreach programs, contacting managers and others about fair housing. We want to let managers know we are here. We’ve been here for 37 years and it’s too bad we haven’t been able to go away. We’re still needed.”
--Patsy Espinoza, Director of Fair Housing Council of San Fernando Valley
WHO TO CALL:
San Fernando Valley Fair Housing Council: (818) 373-1185
California Department of Fair Employment and Housing: (213) 897-1997
U.S Department of Housing and Urban Development, Southern California office: (213) 251-7001
Sources: U.S. Department of Housing and Urban Development, Fair Housing Council.
Researched by CHIP JOHNSON / Los Angeles Times
