1. Com - The Miami Valley Fair Housing Center

HOUSING DISCRIMINATION COMPLAINT
HUD Inquiry Nwnber:
HUD CASE NUMBER:
HUD Date Filed:
1.
387241
05-14-1528-8
August 25, 2014
(jdm)
Complainants
Miami Valley Fair Housing Center
505 Riverside Drive
Dayton, OH 45405
Representing Miami Valley Fair Housing Center:
Stephen M. Dane, Attorney
Jia M. Cobb, Attoeney
Relman, Dane & Colfax, PLLC
1225 - 19th Street, NW, Suite 600
Washington, DC 20036
2.
Other Aggrieved Persons
None.
3.
The following is alleged to have occurred or is about to occur:
Discriminatory terms, conditions, privileges, or services and
facilities.
4.
The alleged violation occurred because of:
Familial status.
5.
Address and location of the property in question (or if no property
is involved, the city and state where the discrimination occurred):
3300 W. Dublin-Granville, Columbus, OH
6.
Respondent(s)
TGM Associates, LP
650 Fifth Avenue, 28th Floor
New York, NY 10019
TGM Meadow View, Inc.
3300 West Dublin-Granville Road
Columbus, OH 43235
43235
TGM Meadow View, Inc.
c/o Corporation Service Company, Registered Agent
SO W. Broad Street, Suite 1800
Columbus, OH 43215
The following is a brief and concise statement of the facts regarding
the alleged violation:
7.
Complainant's conducted a test and it revealed that Respondents
maintain a strict "two-person per bedroom• maximum occupancy policy
at a nu~~er of its properties.
In October 2013, Miami Valley FHC conducted series of tests at
Respondent's property in Columbus, Ohio. The testers posed as
prospective tenant who were looking to rent a two-bedroom apartment
for varying numbers of occupants. The test confirmed that
Respondents enforces and maintains the same strict, the two-person
per bedroom policy at Meadow View. The tester seeking to rent a
two-bedroom apartment at Meadow View with her husband and three
children was unequivocally informed that she could not rent housing
per the operation of this policy.
Complainant believes Respondents blindly enforce their occupancy
policy without regard to the size or configuration of the apartment
or the size of the apartment's bedroom and/or habitable sleeping areas
to exclude and/or limit the number of families with children who can
live in Respondent's community. Their maximum occupancy policy is
more restrictive than occupancy limitations imposed by the applicable
local law.
SEE ATTACHMENT:
8.
The most recent date on which the alleged discrimination occurred:
October
9.
ti.1 2013,
and is continuing.
Types of Federal Funds identified:
None.
10.
The acts alleged in this complaint, if proven, may constitute a
violation of the following:
Section 804b or f of Title VIII of the Civil Rights Act of 1968 as
amended by the Fair Housing Act of 1988.
Please sign and date this fo:cm:
declare under penalty of perjury that I have read this complaint (including
any attachments} and that it is true and correct.
I
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{, M4ami Valley" Fair Hou.sing Center
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N 0 T E : HUD WILL FURNISH A COPY OF THIS COMPLAINT TO THE PERSON OR
ORGANIZATION AGAINST WHOM IT IS FILED.
EXHIBIT
D
Lower
Waterford
2 Bedroom I 2 Bath
1,213 Square Feet
Remington
2 Bedroom 12 Bath
1,248 Square Feet
Mese contact a Leasing Associate for floor plan variations and details. Plans are for Illustrative purposes only. Dimensions and specifications may change without notice.
The Fair Housing .-\ct - Key Provisions
The Fair Housing Act prohibits discrimination in housing because of:
1. Race or color
2. >Iational origin
3. Religion
-+. Sex
5. Familial status
6. Disability
\Vhat Housing is Covered?
The Fair Housing Act covers most housing. In some circumstances. the Act exempts O\vneroccupied buildings with no more than four units. single-family housing sold or rented
without the use of a broker. and housing operated by organizations and private clubs that
limit occupancy to members.
What is Prohibited?
•
•
•
•
•
•
•
•
•
•
In the Sale and Rental of Housing: No one may take any of the following actions
based on race. color. national origin, religion. sex. familial status or handicap:
Refuse to rent or sell housing
Refuse to negotiate for housing
.\fake housing unavailable
Deny a dwelling
Set different terms. conditions or privileges for sale or rental of a dwelling
Provide different housing services or facilities
Falsely deny that housing is available for inspection, sale or rental
For profit, persuade owners to sell or rent (blockbusting) or
Deny anyone access to or membership in a facility or service (such as a multiple
listing service) related to the sale or rental of housing
In Mortgage lending: No one may take any of the following actions based on race. color.
national origin, religion, sex. familial status or disability:
• Refuse to make mortgage loan
• Refuse to provide information regarding loans
• Impose different terms or conditions on a loan. such as different interest rates. points
or fees
• Discriminate in appraising property
• Refuse to purchase a loan or
• Set different terms or conditions for purchasing a loan
In Addition: It is illegal for anyone to
•
Threaten. coerce. intimidate or interfere with anyone exercising a fair housing right or
assisting others who exercise that right
Housing Opportunities For Families
· Cnless a building or community qualifies as housing for older persons. it may not
Jiscriminate based on familial status. That is. it may not discriminate against families in
\\ hich one or more children under 18 live with"
• .-\. parent
• .-\.person who has legal custody of the child or children or
• fhe designee of the parent or legal custodian. \Vith the parent or custodian·s written
perm1ss1on
F::imilial status protection also applies to pregnant women and anyone securing legal custody
,)r a child under 18.
Exemption: Housing for older persons is exempt from the prohibition against familial status
Jiscrimination if:
• The HUD Secretary has determined that it is specifically designated for an occupied
by elderly persons under a Federal, state or local government program or
• It is occupied solely by persons who are 62 or older or
• It houses at least one person \vho is 55 or older in at least 80 percent of the occupied
units. and adheres to a policy that demonstrates an intent to house persons who are 55
or older .
.\transition period permits residents on or before September 13, 1988 to continue living in
the housing, regardless of their age, \Vithout interfering with the exemption.
HOUSING DISCRIMINATION COMPLAINT
HUD Inquiry Number:
HUD CASE NUMBER:
HUD Date Filed:
1.
387579
05-14-1529-8
August 25, 2014
(jdm)
Complainants
Fair Housing Center of Central Indiana
615 North Alabama Street, Suite 426
Indianapolis, IN 46204
Representing Fair Housing Center of Central Indiana:
Stephen M. Dane, Attorney
Relrnan, Dane & Colfax PLLC
1225 - 9th Street NW, Suite 600
Washington, DC 20036
2.
Other Aggrieved Persons
None.
3.
The following is alleged to have occurred or is about to occur:
Discriminatory terms, conditions, privileges, or services and
facilities.
4.
The alleged violation occurred because of:
Familial status.
S.
Address and location of the property in question (or if no property
is involved, the city and state where the discrimination occurred):
9075 Autumn Woods Drive
6724 Greenshire Drive
Indianapolis, IN 46204
6.
Respondent(s)
Autumn Woods
9075 Autumn Woods Drive
Indianapolis, IN 46250
Autumn Woods
c/o Corporation Service Company, Registered Agent
251 E. Ohio Street, Suite 500
Indianapolis, IN 46204
TGM Avalon Lake, Inc.
6724 Greenshire Drive
Indianapolis, IN 46220
TGM Avalon Lake, Inc.
c/o Corporation Service Company, Registered Agent
25 E. Ohio Street, Suite 500
Indianapolis, IN
46204
TGM Shadeland Station, Inc.
7135 Thatcher Drive
Indianapolis, IN 46256
TGM Shadeland Station, Inc.
c/o corporation Service Company, Registered Agent
25 E. Ohio Street, Suite 500
Indianapolis, IN 46204
TGM Associates, LP
650 Fifth Avenue, 28th Floor
New York, NY 10019
7..
The following is a brief and concise statement of the facts regarding
the alleged violation:
In September 2013, we conducted testing at three of Respondent's
properties in Indianapolis, Indiana - Autumn Woods, Shadeland Station
and Avalon Lake. The results of the tests revealed that Respondents
maintain a strict 11 two-person per bedroom 11 maximum occupancy policy
at a number of its properties located in Indiana.
believe Respondents blindly enforce their occupancy policy without
regard to the size or configuration of the apartment or the size of
the apartment's bedroom and/or habitable sleeping areas to exclude
and/or limit the number of families with children who can live in
Respondent 1 s community. Their maximum occupancy policy is more
restrictive than occupancy limitations imposed by the applicable
local law.
We
SEE ATTACHMENT:
e.
The most recent date on which the alleged discrimination occurred:
September=1, 2013, and is continuing.
9.
Types of Federal Funds identified:
None.
10.
The acts alleged in this complaint, if proven, may constitute a
violation of the following;
Section 8D4b or f of Title VIII of the Civil Rights Act of 1968 as
amended by the Fair Housing Act of 1988.
Please sign and date this form:
l d,~clare under penalty cf perjury that I have read this complaint (including
any attachments) '"'1!ld that it is true and correct.
(
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Fair Ro\:is ing~ Ce'ilter of Central Indiana
(Date)
N 0 T E : HUD WILL FURNISH A COPY OF 'I'BIS COMPLAINT TO TEE PERSON OR
ORGANJ:ZATION AGAINST WHOM IT IS FILED.
EXHIBIT
A
The Oak
1 Bedroom 11 Bath
71 0 Square Feet
The Maple
1 Bedroom I 1 Bath
775 Square Feet
The Gedar
1 Bedroom 11 Bath
850 Square Feet
'?lease contact a leasing Associate for fioor plan variations and details. Plans are for illustrative purposes only. Dimensions and specifications may change without notice.
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9075 Autu.;;n
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Wo~ds Dr.
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I Indianapolis, JN 46250 J 317.849.1422 I TGMAutumnWoods.com
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EXHIBIT
B
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Shadeland Station-The Hudson
700 s::. Feet
Startrng at 557:'-
EXHIBIT
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Caravelle
2 Bedroom 11.5 Bath
1,108 Square Feet
Cobalt
2 Bedroom I 2 Bath
1,345 Square Feet
... Please contact a leasing Associate far floor plan variations and <Setails. Plans are for lllustrative purposes only. Dimensions and specifications may change without notice.
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6724 Greenshire Drive, Indianapolis, IN 46220 I 371.842.111 O I TGMAvalonLake.com
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Paragon
ll'l!per
'-""•
2 Bedroom I 2 Bath
896 Square Feet
Odyssey
2 Bedroom 11.5 Bath
1,090 Square Feet
•t;ase contact aLeasing Associate for floor plan variations and details. Plans are for U\ustra\ive purposes only. Dimensions and specifications may change without notice.
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6724 Greenshire Drive. lndianapolls, IN 46220 I 371.842.1110 I TGMAvalonLake.com
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HOUSING DISCRIMINATION COMPLAINT
HUD Inquiry Number:
HUD CASE NUMBER:
HUD Date Filed:
1.
387566
01-14-0565-8
August 25, 2014
(jdm)
Complainant
Connecticut Fair Housing Center
221 Main Street, 4th Floor
Hartford, CT 06106
Representing Connecticut Fair Housing Center:
Greg Kirschner, Attorney
Connecticut Fair Housing Center
221 Main Street, 4th Floor
Hartford, CT 06106
Stephen M. Dane, Attorney
Relman, Dane & Colfax PLLC
1225 - 19th Street, NW, Suite 600
Washington, DC 20036
2.
Other Aggrieved Persons
None.
3.
The following is alleged to have occurred or is about to occur:
Discriminatory terms, conditions, privileges, or services and
facilities.
4.
The alleged violation occurred because of:
Familial status.
5.
Address and location of the property in question (or if no property
is involved, the city and state where the discrimination occurred):
30 Catherine's Way, Manchester, CT
6.
06042
Respondent(s)
TGM Waterford Commons, Inc.
30 Catherine's Way
Manchester, CT 06042
TGM Waterford CommoLs, Inc.
c/o ::orporation Service Company, Registered Agent
50 Weston Street
Hartford, CT 06120-1537
TGM Associates, LP
650 Fifth Avenue, 28th Floor
New York, NY 10019
The following is a brief and concise statement of the facts regarding
the alleged violation:
7.
Connecticut Fair Housing Center (CFHC) conducted a test a..~d it
revealed that Respondents maintain a strict "two-person per bedroom"
maximum occupancy policy at a number of its properties.
On August 30, 2013, CFHC conducted testing at Respondent's property
in Manchester, CT. The test posed a woman interest in renting the
largest one-bedroom apartment available for her three person family.
The agent told her that only two people were allowed to live in any
one-bedroom apartment.
We believe Respondents blindly enforce their occupancy policy without
regard to the size or configuration of the apartment or the size of
the apartment's bedroom and/or habitable sleeping areas to exclude
and limit the number of families with children who can live in
Respondent's community. Their maximum occupancy policy is more
restrictive than occupancy limitations imposed by the applicable
local law.
SEE ATTACHMENT:
a.
The most
~ecent
date on which the alleged discrimination occurred:
August 30, 2013, and is continuing.
9.
Types of Federal Funds identified:
None.
10.
The acts alleged in this complaint, if proven, may constitute a
violation of the following:
Section 804b or f of Title VIII of the Civil Rights Act of 1968 as
amended by the Fair Housing Act of 19B8.
Please sign and date this form:
I declare under penalty of perjury that I have read this complaint (including
any attachment~) and. that it is true and correct.
:.0::
f
\;
\
mate)
N 0 t/R :
HlJD WILL FURNISH A COPY OF THIS COMPLAlllT TO THE PERSON OR
ORGANIZATION AGAINST WHOM IT IS FILED.
•
Carlton 1
1 Bedroom l 1 Bath
. 855 Square Feet
·I'll se contact a Leasing Associate for floor plan wrlatlons and details. Plans are for lUustratlve purposes only. Dimensions and specifications may change without notice.
:c;.
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30 Catherine's Way I Mancheot". GT 06042 I 860.647.9980 I TGMWatertordGommons.com
@
The Fair Housing Act - Key Provisions
The Fair Housing Act prohibits discrimination in housing because of:
1. Race or color
.2. ~ational origin
3. Religion
4. Sex
5. Familial status
6. Disability
What Housing is Covered?
The Fair Housing Act covers most housing. In some circumstances, the Act exempts mvneroccupied buildings with no more than four units, single-family housing sold or rented
without the use of a broker. and housing operated by organizations and private clubs that
limit occupancy to members.
What is Prohibited?
•
•
•
•
•
•
•
•
•
•
In the Sale and Rental of Housing: No one may take any of the following actions
based on race. color. national origin, religion. sex. familial status or handicap:
Refose to rent or sell housing
Refose to negotiate for housing
\fake housing unavailable
Deny a dweIIing
Set different terms, conditions or privileges for sale or rental of a dwelling
Provide different housing services or facilities
Falsely deny that housing is available for inspection. sale or rental
For profit, persuade owners to sell or rent (blockbusting) or
Deny anyone access to or membership in a facility or service (such as a multiple
listing service) related to the sale or rental of housing
In Mortgage lending: No one may take any of the following actions based on race. color,
national origin, religion. sex. familial status or disability:
• Refose to make mortgage loan
• Refuse to provide information regarding loans
• Impose different terms or conditions on a loan. such as different interest rates, points
or fees
• Discriminate in appraising property
• Refose to purchase a loan or
• Set different terms or conditions for purchasing a loan
In Addition: It is illegal for anyone to
•
Threaten. coerce. intimidate or interfere with anyone exercising a fair housing right or
:issisting others who exercise that right
Housing Opportunities For Families
Cnless a building or community qualifies as housing for older persons, it may not
Jiscriminate based on familial status. That is. it may not discriminate against families in
which one or more children under 18 live with"
• .-\parent
• .-\ person \vho has legal custody of the child or children or
• The designee of the parent or legal custodian. with the parent or custodian's \\Titten
permission
Familial status protection also applies to pregnant women and anyone securing legal custody
of a child under 18.
Exemption: Housing for older persons is exempt from the prohibition against familial status
Jiscrimination if:
•
•
•
The HUD Secretary has determined that it is specifically designated for an occupied
by elderly persons under a Federal, state or local government program or
It is occupied solely by persons who are 62 or older or
It houses at least one person who is 55 or older in at least 80 percent of the occupied
units. and adheres to a policy that demonstrates an intent to house persons who are 55
or older.
.\ transition period permits residents on or before September 13, 1988 to continue living in
the housing, regardless of their age, without interfering with the exemption.