HUD Charges Apartment Owners for Discrimination of Family with Minor Children

On April 3, 2023, the HUD announced that it is charging the Melinda Bautista Teruel 1992 Revocable Trust and Melinda Teruel, owners of an apartment building in Burlingame, California, with discriminating against a family with two minor children. The Fair Housing Act prohibits discrimination against families with children under the age of 18.

The Charge alleges that Teruel expressed displeasure that a child would be living in the unit when she learned that the couple were pregnant with their first child and suggested that the couple rent a larger, more expensive unit instead. According to the HUD, Teruel repeatedly convinced the couple to move to a larger unit upon learning that the couple were expecting the second child, stressing that their children would cause damage to the apartment. The family ultimately moved out of the apartment  after feeling harassed and at risk of imminent eviction.

If found that discrimination has occurred, the court may award damages to the family for their losses as a result of the discrimination. Other actions may include injunctive relief and other equitable relief, to deter further discrimination, as well as payment of attorney fees. The judge may also impose civil penalties.

HUD’s General Counsel Damon Smith said that the Charge should remind landlords that HUD is committed to implementing the Fair Housing Act that protects families from discrimination because of the presence of children or because they are expecting a child. The Fair Housing Act also prohibits making housing unavailable to families with children, making discriminatory statements about them, and harassing tenants because they are pregnant or have young children.

Read the HUD’s announcement here.

The Charge can be found here.

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