Lessons From a $76,000 Fair Housing Settlement

By Jo Becker, Education/Outreach Specialist, Fair Housing Council Serving Oregon and SW WashingtonIn May 2013, Connecticut complainants were awarded over $76K (before attorneys' fees) by the courts in The U.S.A v. Hylton. This is a rental case but the ruling holds several important legal lessons for any housing provider.The complaint alleged that the Hyltons, a Black married couple, violated the Fair Housing Act (FHA) by refusing to allow a mixed-race couple, the Bilbos, to sublet their unit to a Black woman with children because they did not want "too many Blacks" at the property.The decision awarded the following damages:o $31,750 to Mr. And Mrs. Bilbo because their landlord made discriminatory statements to them about being a mixed-race couple, and about the race of their prospective subtenant refusing to allow them to sublet the home to an African American woman and her children because of race. o $10K of this sum was awarded for emotional distress.o Because Ms. Wilson, the prospective subtenant, was denied the home she sought and was qualified for, she continued to live in a racially concentrated area of poverty. Her damages were awarded at $44,431.05o As part her damages, the court awarded Ms. Wilson $20K for compensation for the lost opportunity to live in a neighborhood of lower crime, higher educational opportunities, and greater upward mobility. o Nearly half of the judgment, before attorneys' fees, was for punitive damages.o An additional $37,422 in attorneys' fees brings the total judgment against the defendants to over $113K.Details of the case can be found online.o A summary of the case is available on the HUD site: http://portal.hud.gov/hudportal/HUD?src=/press/press_releases_media_adv… A summary of the ruling is posted on the DOJ's site: http://www.justice.gov/usao/ct/Press2013/20130812.html (DOJ). o The court's decision can be read at http://law.justia.com/cases/federal/district-courts/connecticut/ctdce/3… Hyltons were independent rental owners managing their own property. They initially rented to the Bilbos; however, the Bilbos found that their personal circumstances required them to move and to break the lease agreement. The Bilbos agreed to find a suitable renter to sublease to. When they did the defendant asked if the person is white. When told she was Black, Hylton stated that he did not want too many Blacks at the property" and that "the neighbors would not want to see too many Blacks there." The defendant also told the Bilbos the only reason they were rented the house was because his wife is white and it was "a good mix."There are several salient points in this case