Family Status and Source of Income Discrimination Complaints Settled by Holbrook Landlord

Denial of federal funding seriously threatens essential services nationwide

As seen in Newsday

Long Island Housing Services (LIHS) and an individual Complainant settled their complaints of housing discrimination.  LIHS’ complaint was based on Source of Income and Familial Status.  The individual Complainant filed a complaint based on Source of Income Discrimination.  Both complaints were filed against Keith Goehring, the owner of a single-family home located in Holbrook, New York.  The complaints were also filed against Wendy Levine, who interacted with the individual Complainant and LIHS testers.

Source of Income Discrimination Investigation

In 2021, Long Island Housing Services received an allegation from the Individual Complainant, that she was denied renting a Holbrook house by the Goehring and Levine because of her Section 8 Housing Choice Voucher. Following this report, LIHS initiated an investigation. Long Island Housing Services’ testing and investigation also revealed evidence supporting the Individual Complainant’s claim of Source of Income discrimination.  Levine told a LIHS tester that “we don’t do Section 8.”  LIHS subsequently filed a complaint with the New York Division of Human Rights on the Individual Complainant’s behalf, and on behalf of LIHS, for Source of Income discrimination.

New York State, Suffolk County, and Nassau County Human Rights Laws prohibit discrimination based on a lawful source of income. Source of income discrimination occurs when a housing provider refuses to accept a lawful source of income, including, but not limited to, Supplemental Social Income (SSI), Social Security Disability (SSD), Section 8 Housing Choice Voucher Program, Nursing Home Transition, and Diversion (NHTD) Housing Subsidy, Olmstead Housing Subsidy (OHS), Traumatic Brain Injury (TBI) Medicaid Waiver program, or child support.

Familial Status and further Source of Income Discrimination Investigation

Long Island Housing Services’ testers posing as persons having Section 8 Housing Choice Vouchers with minor children were allegedly told that their vouchers would not be accepted.  Wendy Levine also allegedly stated that ”it’s not a good house for little kids because it’s on a real busy street.”  She told a second tester that “I just discourage people with little kids…the stairs are way too steep for kids…they will fall down.”  She also told them, “I wouldn’t personally put kids in that house.” And she told them that I feel like I’m discouraging people because everyone’s calling have kids, and I would do it with older kids, not little kids just because of where it is.

In comparison, a tester with adult children and without a Section 8 Housing choice Voucher was not denied housing.  The Comparison Tester was allegedly told that the house would be suitable for adult tenants and was able to make an appointment to view the property.  A difference in treatment based on the protected classes of source of income and familial status is unlawful housing discrimination.

The federal Fair Housing Act, New York State Human Rights Law, Suffolk Human Rights Law, and Nassau Human Rights Law prohibit discrimination based on familial status.  The law against housing discrimination based on familial status protects any person who is pregnant or has a child or is in the process of securing legal custody of any child underage of eighteen years old.  In addition, it includes anyone under the age of eighteen years old living with their parent, someone with legal custody, or the parent’s designee.

Reinforcing Fair Housing Rights

After Long Island Housing Services received a finding of Probable Cause from the New York State Division of Human Rights, they reached a settlement agreements with Goehring and Levine that included:

  • Adopting a non-discriminatory fair housing policy;
  • inclusion of the following language in all advertisements, verbal and written: “We do not discriminate based on any protected class pursuant to New York State Law and we accept all lawful sources of income;”
  • sending the Division of Human Rights poster to all future tenants;
  • $2,500 monetary damages for the Individual Complainant; and
  • monetary damages of $5,000 to LIHS.

People who believe that they have experienced housing discrimination in Nassau or Suffolk Counties, can contact Long Island Housing Services, Inc. at 631-567-5111 ext. 375

Hablamos Español 631-567-5111 Ext. 378 or info@lifairhousing.org

Funding Essential Fair Housing Services

Long Island Housing Services' Executive Director Ian Wilder
Ian Wilder

“Long Island Housing Services is thankful to Enterprise Community Partners for providing the funding for this investigation and other similar investigations,” said Ian Wilder, LIHS Executive Director. “They have been a strong partner in the fight to create ‘a more perfect Union’ by eliminating housing discrimination from the real estate market, including their leadership in passing a statewide Source of Income discrimination law.

“Though fair housing nonprofits like Long Island Housing Services bring 75% of the fair housing complaints in the country, we largely depend on government funding to do our work. To obtain the amount of funding needed to provide fair housing services to Long Islanders, LIHS has to obtain funding from multiple sources.  Currently, our longstanding grant funding from the federal government is at risk, which seriously jeopardizes the ability of Long Island Housing Services and other fair housing nonprofits nationwide to continue providing these essential services. We urge everyone to reach out to your Congressperson and Senators Schumer and Gillibrand to demand this funding be continued.”

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Founded in 1969, Long Island Housing Services’ mission is the elimination of unlawful discrimination and promotion of decent and affordable housing through advocacy and education. LIHS is a private, nonprofit HUD-qualified Fair Housing Enforcement Organization and a federally certified, approved Housing Counseling agency. (www.LIFairHousing.org)

The Fair Housing enforcement and advocacy work of LIHS is supported through grants from Enterprise Community Partners. The author and publisher are solely responsible for the accuracy of the statements and interpretations contained in this publication. Such interpretations do not necessarily reflect the views of Enterprise Community Partners.