HUD Approves Settlement with California Housing Providers Resolving Claim of Disability Discrimination

WASHINGTON - The U.S. Department of Housing and Urban Development (HUD) announced today it has entered into a Conciliation Agreement between Burbank Housing Management Corporation, Burbank Housing Development Corporation, BHDC Parkwood Apartments, LLC, Oak Ridge Apartments Associates LP, and James Perez, requiring the respondents to pay $41,500 in compensation to the complainant. The Agreement resolves allegations that the respondents were in noncompliance with Section 504 of the Rehabilitation Act of 1973 and also violated the Fair Housing Act by discriminating against tenants with disabilities. Read the Agreement here.

The Fair Housing Act prohibits discrimination because of disability, including refusing to allow reasonable accommodations that would otherwise permit tenants with disabilities an equal opportunity to use and enjoy their housing. Section 504 of the Rehabilitation Act of 1973 (Section 504) prohibits the exclusion or discrimination of qualified individuals based on disability in any program receiving federal financial assistance, including from HUD.

"Housing providers have a responsibility to provide reasonable accommodations so that tenants can safely enjoy their homes," said Diane M. Shelley, HUD's Principal Deputy Assistant Secretary for Fair Housing and Equal Opportunity. "This action demonstrates this Administration's commitment to enforcing our Nation's civil rights laws and to ensuring equal access to housing for all."

The Agreement stems from a complaint alleging that the Sonoma County, California, based housing providers interfered with the rights of tenants with disabilities to obtain reasonable accommodations, and that the respondents, who are recipients of HUD and United States Department of Agriculture (USDA) funding, were in noncompliance with Section 504. The Respondents denied the allegations in the Complaint and agreed to settle the matter. The Conciliation Agreement does not constitute an admission of guilt by the Respondents and no determination has been issued by HUD in this matter.

Under the terms of the Agreement, the housing providers will pay $41,500 to the complainant. The housing providers will also ensure their reasonable accommodation policies are in compliance with the Fair Housing Act and Section 504 and that they process reasonable accommodation requests in a timely manner. Both HUD and USDA will monitor the Agreement.

People who believe they have experienced discrimination may file a complaint by contacting HUD's Office of Fair Housing and Equal Opportunity at (800) 669-9777 (voice) or (800) 877-8339 (Relay) or at hud.gov/fairhousing.