| Northern California landlords have settled pet discrimination allegations that they and their agents discriminated against a female tenant with disabilities who requires an assistance animal, according to a release from the U.S. Department of Housing and Urban Development. Fair Housing Advocates of Northern California(FHANC) filed a complaint alleging that the owner of the properties (Shultz Investment Co.), representatives of its management company (Greenbrae Management, Inc.) and its leasing agents discriminated against a resident who has a medical condition and required a service dog at the Bon Air Apartments in Greenbrae, California. The fair housing group also claimed the woman, who had lived at the property for more than 15 years, was subjected to discriminatory statements and retaliation due to the presence of her assistance animal, including false accusations that the animal was disruptive, that it bit maintenance workers, and that it was not a service animal under California law, according to the release. The woman’s Housing Assistance Program voucher was ultimately cancelled, forcing her to find housing elsewhere. HUD investigation confirmed discriminatory statements by property managersA subsequent HUD investigation corroborated the woman’s need for the dog and discovered written discriminatory statements made by the property managers, according to a HUD release. HUD found no evidence indicating that the animal was disruptive or had bitten anyone. “Landlords are required to provide a reasonable accommodation for individuals who require assistance animals,” Bryan Greene, HUD General Deputy Assistant Secretary for Fair Housing and Equal Opportunity, said in the release. “HUD is committed to make certain that landlords meet this obligation under the nation’s fair housing laws. Landlords will pay $72,000 in pet discrimination agreementUnder the Conciliation Agreement, the respondents will pay the woman $31,000; pay Fair Housing Advocates of Northern California $41,000; and develop and implement a reasonable accommodation and reasonable modification policy consistent with the Fair Housing Act. The owners will also revise their standard lease to be consistent with the new accommodations policy; send a letter to current tenants notifying them of the new policy; and obtain fair housing training. “On an ongoing basis, our agency receives many calls from people with disabilities who need reasonable accommodations,” Caroline Peattie, FHANC’s Executive Director, said in the release. “Many of those calls concern service and companion animals; both must receive the same consideration under fair housing law. When a person with a disability requests an accommodation, the housing providers may require documentation that there is a disability and that the request will address that need, but they are required to consider each request individually and engage in an interactive dialogue with the tenant.” The Fair Housing Act prohibits housing providers from denying or limiting housing opportunities to persons with disabilities or imposing different rental terms and conditions. This includes refusing to make reasonable accommodations in policies or practices for people with disabilities. In addition to the Fair Housing Act’s prohibition against discrimination based on disability, HUD provided guidance in April 2013 reaffirming that housing providers must provide reasonable accommodations to people with disabilities who require assistance animals. Fair Housing Advocates of Northern California is a non-profit organization serving several Bay Area counties that provides free counseling, enforcement, mediation, and legal or administrative referrals to persons experiencing housing discrimination. Fair Housing Advocates of Northern California also offers foreclosure prevention services, pre-purchase education, seminars to help housing providers fully understand fair housing law, and education programs for tenants and the community at large. Fair Housing Advocates of Northern California is a HUD-Certified Housing Counseling Agency. Source: rentalhousingjournal.com |  |
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 Stacey Kitchin claimed she was harassed by her landlords in Greenbrae over her service dog Zeus. (Robert Tong/Marin Independent Journal) By Keri Brenner, Marin Independent Journal
An administrative complaint filed with a federal agency by a disabled Marin woman against managers of a Greenbrae apartment complex was settled in her favor, parties in the matter announced this week. Stacy Kitchin, a former resident of the Bon Air Apartments, was awarded $31,000 last month in the settlement, filed with the Department of Housing and Urban Development’s fair housing office. Also, San Rafael-based Fair Housing Advocates of Northern California was awarded $41,000 in the settlement to offset the organization’s “frustration of mission” due to numerous hours of staff time spent assisting Kitchin in the complaint. Kitchin’s complaint of discrimination was filed against Schultz Investment Co., Greenbrae Management Inc., Belardo Co., L.P. and Thomas Allhoff, vice president of Schultz. It alleged that even though she was granted a “reasonable accommodation” in 2010 to have her service dog Zeus stay with her because of her disability, she was harassed by repeated notices of lease violations concerning the dog. That included, she said, false reports that the dog had attacked and bitten maintenance workers. “I want everyone to know that people with disabilities deserve the same opportunities to enjoy their living space as others, and that landlords need to consider reasonable accommodation requests,” said Kitchin, who lived at Bon Air for more than 15 years until mid-January, when she was forced to move out. She has since found other housing in Marin, said Caroline Peattie, executive director of Fair Housing Advocates. Allhoff, who was specifically mentioned by Kitchin as issuing repeated “threats to my tenancy,” did not return calls for comment on Wednesday. As part of the settlement’s “conciliation agreement,” the Greenbrae landlords will have to implement a “reasonable accommodation and reasonable modification policy consistent with the Fair Housing Act,” and revise their leases accordingly. They must also send a letter to tenants notifying them of the new policy and take fair housing training. Kitchin contacted Fair Housing Advocates in 2014 after receiving a “three-day notice to cure or quit,” related to removing Zeus. Management rescinded the notice after Fair Housing Advocates staff requested it, but the agency continued to get complaints from people with disabilities at the complex in 2014 and 2015, according to Fair Housing Advocates’ attorney, Casey Epp. HUD issued a statement that landlords or other housing providers are prohibited “from denying or limiting housing opportunities to persons with disabilities or imposing different rental terms and conditions. This includes refusing to make reasonable accommodations in policies or practices for people with disabilities.” Peattie said the nature of Kitchin’s disability was not available, and that housing providers are not allowed to make specific inquiries to that effect. According to the HUD statement, “(Zeus) alerts (Kitchin) when she is experiencing physiological changes and helps to ameliorate many of her disability-related symptoms.” National Fair Housing Alliance, Fair Housing Advocates of Northern California, and 18 other Fair Housing Center Partners Charge Deutsche Bank and its Preservation Maintenance Companies with Housing Discrimination based on Race and National Origin Listen to the radio shows below. National Fair Housing Alliance, Fair Housing Advocates of Northern California, and 18 other Fair Housing Center Partners Charge Deutsche Bank and its Preservation Maintenance Companies with Housing Discrimination based on Race and National OriginListen to the radio show below. PowerPoint available here.
A PDF version of the press release is here. View the amended complaint here. Today, Fair Housing Advocates of Northern California (FHANC) joined the National Fair Housing Alliance (NFHA) and other partners in announcing its collection of new evidence in support of allegations that Deutsche Bank, Ocwen Financial, and Altisource companies continue to discriminate against communities of color in 30 metropolitan areas across the United States. The 20 agencies allege that Deutsche Bank AG, Deutsche Bank National Trust, Deutsche Bank Trust Company Americas, Ocwen Financial Corporation, and Altisource Portfolio Solution, Inc. fail to provide required routine maintenance on bank-owned homes in middle- and working-class African American and Latino neighborhoods, while Deustche/Ocwen/Altisource consistently provide routine maintenance on similar bank-owned homes in white neighborhoods. Poorly maintained bank-owned properties create a harmful and dangerous environment for the local community. They also drive down the property value of homes owned by neighbors – causing the overall community to be economically depressed. The practice of neglecting foreclosed properties in African American and Latino communities increases the economic divide, perpetuates segregation, and denies people within these communities the right to fair and safe housing. ABC 7 News: SAN RAFAEL, Calif. (KGO) -- Watch the news video here.
A San Rafael man is free on bail Monday night after being charged in connection with offering sex in exchange for an apartment to rent -- which didn't exist. The man who posted the flyer said he was a building manager and that if she had sex with him he would overlook a late payment or two. "I think he's really counting on the vulnerability of a population that is concerned about coming forward with authorities because quite often they can only speak English," said fair housing advocate Caroline Peattie. "He admitted during the interview that he was not an employee of any apartment complex or property management firm," said Lt. Alan Piombo of the San Rafael police. Police were notified, a sting was set up and the man was arrested Friday. NBC Bay Area News:
A man posing as a landlord in San Rafael was arrested Friday for offering housing in exchange for sex, police said. Tifano Ariel Rodas Maldonado, 38, of San Rafael used a fake name when he posted advertisements about open housing in the city's Canal neighborhood, according to police. One victim approached Maldonaldo, who police say was specifically preying on the immigrant population, about the housing offer before learning that they would have to pay in both money and sexual acts. After being tipped off about the behavior, police and the Fair Housing Advocates of Northern California conducted an undercover sting operation. They called Maldonaldo about the housing offer. He responded by demanding $2,000 per month in rent and sex in order to live in one of his supposedly available apartments, police said. An undercover officer scheduled a meeting to finalize the housing deal, according to police. When Maldonaldo arrived, police arrested him. He confessed to not being in the real estate business and not having any rental properties in his possession. He also admitted to posting the advertisements. Maldonaldo was arrested and booked into the Marin County Jail on felony fraud and prostitution charges. Published at 5:41 PM PDT on May 6, 2017 | Updated at 9:43 AM PDT on May 7, 2017 By Aja Seldon, KRON and Ella Sogomonian
SAN RAFAEL (KRON)– San Rafael police arrested a 38-year-old man who is accused of posing as a landlord and demanding sex from his victims in exchange for housing. Police said, Tifiano Ariel Rodas Maldonado, took advantage of immigrants desperate to find housing. Maldonado posted ads along laundromats in the Canal Street area where many Mexicans and Guatemalans frequent, police said. “Most of the communications were in Spanish,” said Sgt. Raul Aguilar of the San Rafael Police Department.”Targeted toward the Spanish-speaking community, and the locations he was placing his ads.” One victim came forward to the Fair Housing Advocates of Northern California and said Maldonado allegedly offered a key to an apartment for $2,000 a month and sex. Detectives made a call to the ad and Maldonado answered using a fake name, Roberto Mendez. He later met up with the undercover detective, police said. Members of the community were shocked to hear that he could have abused their own people who are already in a stressful position being unable to find housing without a rental or credit history. Maldonado was arrested for felony fraud and prostitution charges. He has since posted bail and was released. |
