HUD ALJs Resolve Three Family Cases For $58,000

No Swimming Under Age Three Rule Changed

HUD ALJ Samuel A. Chaitovitz found that a Florida homeowners association had violated the Fair Housing Act with a rule that excluded children under three from its swimming pool. The consent decree ordered payment of $11,400 to charging parties Robert and Ann Johnstone for loss of rental income.

The charge was issued against Harbourwood Homeowners Association of Hallandale, Florida. Harbourwood neither qualified for nor claimed that they were "housing for older persons" under the exemption from the family status protection of the Fair Housing Act.

Prior to the Act Harbourwood had maintained and enforced a restriction prohibiting children under twelve from becoming permanent residents. They no longer enforced that restriction but it is still published in their Declaration of Covenants, Conditions and Restrictions.

The complainants sought to rent their villa to a family including children who were three years, two years, and three months old. After Harbourwood's screening committee interviewed the new family, they refused to approve the rental because of the rule against children under three using the community pool. The ALJ found there was no state, local or federal health code prohibiting use of the pool by children of any age.

[HUD ex rel. Robert and Ann Johnstone v. Harbourwood Owners.
HUD ALJ No. 04-90-0921-1]
Filed with HUD
HUD Charge Issued 12-10-92 
Order 4-20-93

Landlord Pays $10,000 in Family Status, Retaliation, Charge by Calumet Park Mother

HUD ALJ William C. Cregar ordered payment of $10,000 from a Chicago area landlord charged with increasing the rent in retaliation against a mother who filed a family discrimination complaint.

Complainant Frances Howell and her minor daughter had been paying $550 a month for a two- bedroom apartment. After a year she gained custody of two minor granddaughters who moved in with her.

Her landlord was respondent Kenneth Wellington, who owned and operated the Wellington Arms Apartment in Calumet Park, Illinois. The charge alleged that he had a policy which allowed an adult couple with two children to occupy a two bedroom unit. But he required a single adult with three minors to occupy a three bedroom unit. He refused to renew her lease and in retaliation offered a monthly rent of $875 per month.

The case was settled with a consent order for payment of $8,500 to complainant over a ten month period, and $1,500 civil penalty to HUD.

(HUD ex rel. Howell v. Kenneth Wellington, HUDALJ 05-89-0528-1]
Filed with HUD
HUD Charge Issued 5-12-92
Order 11-3-92

Mobile Home Park Pays $36,900 In Family Case

A charge of family discrimination by a California mobile home lot led to a $36,900 settlement by HUD ALJ Robert A. Andretta.

The complaint was filed by Richard Bilberry and Carl and Tracy Strain. Respondents were Mary Kerlin and Frank Kerlin. The Sequoia Rose Mobile Home Park was required to keep logs of inquiries, applicants, and vacancies.

Complainant Richard Bilberry received $25,000, and $5,450 each was payable to Carl Strain and Tracy Strain.

[HUD ex rel. Richard Bilberry and Carl and Tracy Strain v. Mary and Frank Kerlin. HUD ALJ No. 09-91-1435-1 and 1440-1]
Filed with HUD 4-15-92
HUD Charge Issued
Order 1-13-93