Fort Washington, PA – The Housing Equality Center of Pennsylvania (“HECP”) and Emess Management LLC (“Emess”) entered into a conciliation agreement, resolving allegations that the company discriminated against prospective tenants with disabilities at four apartment complexes in Lehigh and Bucks Counties, Riverbend at Allentown, Mill Run Apartments, Levittown Trace Apartments, and Castle Club Apartments.
HECP initiated a fair housing testing investigation of four properties managed by Emess in response to a complaint from a tenant who alleged that she was not permitted to transfer to a first-floor unit as her disability-related symptoms worsened and that she was denied a reserved parking space. Fair housing testers calling the complexes were told that parking spaces could not be reserved for residents with limited mobility and that live-in health care aides would not be permitted unless they underwent screening and were listed on the lease. HECP and the complainant filed a complaint with the Department of Housing and Urban Development’s Office of Fair Housing and Equal Opportunity.
Title VIII of the Civil Rights Act of 1968, known as the Fair Housing Act, makes it unlawful to discriminate in connection with any housing related transaction, based on race, color, religion, national origin, sex, disability, or familial status. Housing providers are obligated under this law to permit reasonable accommodations, or changes in rules, policies, or practices, when necessary for residents with disabilities to have an equal opportunity to use and enjoy their dwellings. Disability has been protected under the Fair Housing Act since 1988.
Emess admitted no wrongdoing but has agreed to a resolution that includes payments of $60,000 to the consumer and $15,000 to HECP to cover a portion of the costs incurred to bring about the agreement and to provide future consumer education regarding the fair housing rights of persons with disabilities. Additionally, Emess has agreed to require staff to participate in comprehensive fair housing training and will adopt revised policies which comply with the Fair Housing Act and HUD/DOJ guidance on reasonable accommodations.
“A management company’s refusal to allow reasonable accommodations can have a significant impact on the day-to-day quality of life of people with disabilities. The denial of a tenant’s request for a reserved handicapped parking space or a transfer to a more accessible unit can result in increased physical pain, isolation, and decreased independence. Housing providers need to understand that making exceptions to their ordinary practices when necessary to ensure equal opportunity for residents with disabilities is an obligation under the law.” said Rachel Wentworth, Executive Director of HECP.
The Housing Equality Center of Pennsylvania has worked since 1956 to eliminate housing discrimination through education, advocacy, and enforcement of fair housing laws. HECP’s work serves a population of over 4.65 million in the seven-county Philadelphia and Lehigh Valley regions. As the nation’s oldest fair housing agency, HECP’s successes include eradicating discriminatory practices at over 50,000 units of housing. HECP was represented in this matter by Abara Law Firm.
