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Feds Sue Florida Townhomes That Bar Children

Feds Sue Florida Townhomes That Bar Children

Homeowners association unlawfully discriminates against children, suit alleges

October 14th, 2012 by James R. Hood of ConsumerAffairs in News

The Justice Department has filed a lawsuit against the homeowners association and former manager of a 249-townhome community in Gibsonton, Fla., for violating the Fair Housing Act by discriminating against families with children.

The lawsuit charges that Townhomes of Kings Lake HOA Inc. and along  Vanguard Management Group Inc. imposed occupancy standards unduly limiting the number of individuals who can reside in the townhomes. 

The suit also charges that the defendants violated the Fair Housing Act by threatening to evict a couple and their six minor children from the four-bedroom townhome they were renting and by taking other actions to interfere with their tenancy.

"The Fair Housing Act ensures that families with children have an equal right to use and enjoy housing of their choice," said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division.  "The Justice Department will continue its vigorous enforcement of fair housing laws that protect the rights of families with children."

The lawsuit arose when the family filed a complaint with the Department of Housing and Urban Development (HUD).   After the family had moved into the home, the management company and the homeowners association indicated there was a problem with the number of children living there.   The defendants' occupancy policy allowed only six individuals to occupy the home, which was far more stringent than what Hillsborough County permitted.  

The homeowners association also adopted similarly restrictive limitations on the number of individuals who could live in two- and three-bedroom townhomes in Kings Lake.  After HUD investigated the complaint, it issued a charge of discrimination and the matter was referred to the Justice Department.

"Housing providers may set occupancy standards but those standards cannot be so restrictive that they exclude families who, based on a home's overall size and configuration, should be able to live there," said John Trasviña, HUD Assistant Secretary for Fair Housing and Equal Opportunity. "HUD and the Department of Justice are committed to taking action against anyone who unlawfully denies housing to families with children."

The lawsuit seeks a court order prohibiting future discrimination by the defendants, monetary damages for those harmed by the defendants' actions, and a civil penalty.