Settlement Reached
July 15, 2004
Long Island Housing Services, Inc., together with Beverly and James White have resolved to settle complaints of unlawful racial and familial status discrimination against Wimmer Enterprises / J. and R. Wimmer Realty in Bay Shore, NY, owners of several apartment complexes on Suffolk's South shore in the Town of Islip. Some of the major provisions of the settlement are: the Wimmers have agreed to comply with the Federal Fair Housing Act and the NYS Human Rights Law that require equal treatment on the basis of race, color, and/or family status; have been ordered to pay $17,500 in damages; will remove a $4,800 judgment the landlord filed against them; will train their staff on fair housing issues; must post a fair housing sign as well as place "equal housing opportunity" on all their literature; and have agreed to affirmatively market their properties.
When she inquired about available apartments, little did Mrs. White know that she and her husband were about to be the victims of unlawful housing discrimination. At her first meeting with the landlord in the fall of 1998, Mrs. White, who has a light complexion, was treated cordially and encouraged to sign a lease for an apartment at The Pines. It was agreed that she would come back later so her husband could see the apartment and sign the lease. Immediately upon meeting James White, who is much darker-skinned than his wife, the Whites experienced very different treatment. When the Wimmers doubled the security deposit, Mr. White asked "Is it because we're black?" There was no response, but getting the promised key and access to the apartment became difficult. A year later, the Whites were denied the opportunity to renew their lease.
The Whites were denied renewal and subsequently contacted Long Island Housing Services, Inc. (LIHS) Long Island's premier private, non-profit fair housing enforcement and advocacy agency. LIHS' mission is the elimination of unlawful housing discrimination and promotion of decent, affordable housing through advocacy and education. LIHS' investigation included testing to discern whether prospective black and white tenants were treated similarly. Blacks were falsely told that nothing was available while whites were encouraged and shown and/or described vacancies at three different complexes. In one case, the untruthful depiction as to availability for the black prospective tenant occurred within minutes of the white prospective tenant being told about available units. During the course of investigation LIHS also uncovered unlawful familial status discrimination - steering of families with children based on the landlord's [illegal] policy not to accept children for units on the second floor. After investigation, LIHS assisted the Whites to file the complaint and joined as co-party utilizing HUD's Fair Housing Enforcement Office and the NYS Division of Human Rights' administrative grievance process. The Division found "probable cause" based on the irrefutable evidence presented that discrimination occurred.
Last week the Whites received their settlement check but they are still dealing with the long-term effects of discrimination. "They forced us to move" said Mr. White. Michelle Santantonio, Executive Director for LIHS observed that exercising fair housing rights is not easy; filing a complaint takes courage and commitment [to challenge racism]. "While complainants are relieved to have finally settled, it is extremely difficult to ever fully recover from the indignity and insult of discrimination." Mrs. White expressed appreciation for the advocacy and work of LIHS stating that …"without the evidence brought by LIHS and their support throughout this exhausting process, we might never have been able to finally resolve this matter.".
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