HUD Charges Owner and Operators of New Hampshire Apartment Buildings with Disability Discrimination

HUD No. 24-266 HUD Public Affairs (202) 708-0685

FOR RELEASE Tuesday October 8, 2024

HUD Charges Owner and Operators of New Hampshire Apartment Buildings with Disability Discrimination

MANCHESTER - The U.S. Department of Housing and Urban Development (HUD) announced today that it has charged Good Team Realty LLC, Jack O Cohen Revocable Trust, and Jack Cohen, owners and operators of over 40 rental apartments in New Hampshire, with discriminating against potential tenants because of disability. The Charge alleges that the Respondents violated the Fair Housing Act by refusing to negotiate for and show an available apartment to prospective tenants who used assistance animals for their disabilities. Read HUD's Charge.

The Fair Housing Act prohibits discrimination because of disability, including subjecting prospective tenants with disabilities to more onerous conditions than prospective tenants who do not have a disability.

"In 1988 the Fair Housing Act was extended to protect persons from discrimination in housing because of a disability, yet people with disabilities continue to be subjected to discriminatory treatment," said Diane M. Shelley, HUD's Principal Deputy Assistant Secretary for Fair Housing and Equal Opportunity. "Today's action demonstrates HUD's ongoing commitment to take appropriate action when housing providers fail to comply with the Fair Housing Act."

"The Fair Housing Act requires housing providers to give individuals with disabilities who use assistance animals an equal chance to view and apply for housing," said Damon Smith, HUD's General Counsel. "HUD is committed to vigorously enforcing the Act to protect the rights of individuals with disabilities."

HUD's Charge of Discrimination alleges that the Complainants spoke with property owner, Jack Cohen, about renting an apartment and that during the conversation the Complainants revealed that they had an assistance animal. The Charge further alleges that the Complainants arranged to meet Mr. Cohen to view the apartment but that Mr. Cohen refused to allow the Complainants inside the apartment because they did not have medical documentation verifying their need for the assistance animal with them at that time.

A United States Administrative Law Judge will hear HUD's charge unless any party to the charge elects to have the case heard in federal district court. If an administrative law judge finds, after a hearing, that discrimination has occurred, they may award damages to the family for their losses as a result of the discrimination. The judge may also order injunctive relief and other equitable relief, to deter further discrimination, as well as payment of attorney fees. In addition, the judge may impose civil penalties to vindicate the public interest. If the federal court hears the case, the judge may also award punitive damages to the complainant.

People who believe they are the victims of housing discrimination should contact HUD at (800) 669-­9777 (voice) 800-927-9275 (TTY). Additional information is available at https://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.