FHC Reaches Settlement Agreement in Palm Beach County - 6/11/2010

- The Fair Housing Center of the Greater Palm Beaches (FHC) has resolved a landmark lawsuit filed by the FHC to enforce provisions in the federal Fair Housing Act that prohibit discrimination against families with children. The FHC alleged that a major housing providers occupancy standards violated the federal Fair Housing Act.

That housing provider will now implement a written occupancy standard at each of its four properties in Palm Beach County, all of which were built with the help of tax credits or government-backed loans and bonds, which allows for occupancy based on two persons per bedroom in each unit. In addition, as part of the settlement agreement, the housing provider denied all allegations and agreed to pay an undisclosed amount.

"The immediate impact of this enforcement action will be enormous for low-income families with minor children because with the change in these occupancy policies, 800 affordable two and three bedroom units will now be more available. That’s what we are proud of the most", stated Vince Larkins, FHC President and CEO.

The FHC conducted undercover on-site testing investigations at four properties in Palm Beach County and found that agents at the four properties enforced unreasonable occupancy policies. At three of the properties, written occupancy policies restricted 5 occupants to a three bedroom unit while one properties occupancy policy restricted 4 persons to a three bedroom unit.

The FHC lawsuit also alleged that a review the housing providers published occupancy policies showed that such restrictive occupancy policies are contrary to the 2 persons per bedroom occupancy standards policy enacted by HUD for enforcement purposes and have an adverse impact and discriminatory effect on families with children. For example, instead of living in a three-bedroom unit, a parent with five minor children or a couple with four minor kids, under such unreasonable occupancy policies, may not be able to rent an apartment.

In addition, published occupancy policies at one of the properties also limited 3 persons in two bedroom units. Under reasonable occupancy standards of 2 persons per bedroom a one-parent household with three minor children or a two-parent household with two minor children should be able to rent a two-bedroom unit for that per month price. But because of such policies and practices, the only unit available for those four member families would be a more expensive three-bedroom unit at a higher per month price. As a result, a low-income family essentially would be forced to pay more money for a bigger unit than they would need or may not be able to rent an apartment.

"We commend this housing provider for stepping up in a big way to bring this matter to a conclusion and we look forward to working with them in the future," stated Bobbie Fletcher, Vice President of the FHC.

The FHC was represented by FHC Cooperating Attorneys Jeffrey Liggio Esq. and Edrick Barnes Esq. of the Law Firm of Liggio Benrubi.