Two Handicapped Cases, Two Family Cases Settled by HUD ALJ Cregar for $23,500

Two handicapped discrimination cases and two family discrimination cases were settled by HUD Administrative Law Judge William C. Cregar for a total of $23,500. The consent orders in the handicapped cases were from Brooklyn, N. Y. and Springfield, Ohio. One family discrimination case involved a mobile home park in San Jose. The other case, from Carol Stream, Illinois, involved HUD's Handbook which provided that "children shall not share a bedroom with a parent." The four cases were settled in August, September and November with no findings or admissions of discrimination.

$6,000 To Settle Charge of Discrimination Against Mentally Retarded Sisters

Mary Ann Horn filed the Ohio case after she sought to rent an apartment for herself and her two mentally retarded sisters. They filed a charge of discrimination against Balwir Cheema, owner of an apartment complex on Dwight Road in Springfield.

The landlord agreed to pay complainants $4,500 and HUD $1,500 to settle the case.

[HUD ex rel. Horn v. Cheema, HUDALJ OS-90-1439-1]
Filed with HUD 9-10-90
HUD Charge Issued 5-19-92
Order 11-6-92

Brooklyn Handicapped Case Settled for $9,500

Freddie Peterkin alleged discrimination in the denial of a rental on the basis of his handicap by the Quincy Street Apartments in Brooklyn. The HUD Secretary's charge also alleged a violation of the Act by the rental agent. The agent was charged with "inquiring as to whether complainant had a handicap and the nature and severity of complainant's handicap." The Secretary charged that the agent violated the Act "by imposing different terms or conditions (such as requesting medical records) for the rental of a dwelling upon complainant because of his handicap."

Quincy Street Associates owned the low income apartment building. Managing agent was the Pratt Area Community Council.

[HUD ex rel. Makin v. Beveridge, HUDALJ 02-90-0174-1]
Filed with HUD 3-6-90
HUD Charge Issued 2-21-92
Order 8-17-92

San Jose Mobile Home Park Pays $6,000 for Refusal to Rent Space Because Wife is Pregnant

Aaron K. Gilbert charged Silver Creek Mobile Home Estates II of San Jose, with family status discrimination. Mr. Gilbert intended to occupy his leased space with his pregnant wife and his aunt.

The HUD Secretary charged that the mobile home park refused to continue to rent space to Mr. Gilbert because he and his wife were going to have a child.

In the settlement Silver Creek acknowledged that it is an all-age park and may not hold itself out as "housing for older persons." It agreed to pay Mr. Gilbert $5,000 and HUD $1,000.

[HUD ex rel. Gilbert v. Silver Creek, HUDALJ 09-90-1452-1]
Filed with HUD 3-7-90
HUD Charge Issued 3-26-92
Order 11-9-91

Illinois Chateau Village Agrees to Two Persons Per Bedroom

Antoinette R. Balo tried to rent a two bedroom apartment at Chateau Village, a 210 unit complex in Carol Stream, Illinois. She was denied the rental because she had three minor children.

Chateau Village admitted families with children, but adhered to a policy prohibiting a parent and a child from sharing a bedroom except where a child was born to the family after they became tenants.

They said they adhered to this policy because the project's Housing Assistance Payments contract with HUD required that they "assign bedroom size in accordance with HUD's administrative requirements." They relied on tie HUD Handbook 4350.3 Sec 2-9b which they said provides that children should not share a bedroom with a parent.

In the settlement agreement Chateau Village agreed they would not adopt an occupancy policy more restrictive than two persons per bedroom.

The A & R Katz Management firm agreed to pay complainant Balo $2,000.

[HUD ex rel. Balo v. Zak Management; HUDALJ 05-90-0063-1]
Filed with HUD 10-17-89
HUD Charge Issued 3-10-92
Order 9-25-92

Correction: Samuel A. Chaitovitz Becomes Sixth HUD Administrative Law Judge

The November Advocate reported an incorrect firs name for HUD's sixth Administrative Law Judge, Samuel A. Chaitovitz. We regret this error.