HUD Charges Macon, Georgia, Property Owner, Property Management Company, and Property Manager with Disability Discrimination

WASHINGTON - The U.S. Department of Housing and Urban Development (HUD) announced today that it has charged Macon, Georgia, property owner, property management company, and property manager, Macon MF, LLC, Active Property Management LLC, and Michael Bailey, with discrimination against a tenant because of her disability. HUD also charged the Respondents with retaliating against the tenant for engaging in a protected activity. Read HUD’s Charge.

The Fair Housing Act (“the Act”) prohibits discrimination based on disability. Such discrimination includes refusing to rent based on a person’s disability, failing to grant reasonable accommodations, or subjecting tenants to discriminatory terms and conditions.

“Under the Fair Housing Act, it is illegal to discriminate against tenants with disabilities and to retaliate against them when they exercise their fair housing rights,” said Diane M. Shelley, HUD’s Principal Deputy Secretary for Fair Housing and Equal Opportunity. “Violating our nation’s fair housing laws is unacceptable and illegal. HUD is committed to protecting the rights of individuals in need of reasonable accommodations.”

HUD’s Charge of Discrimination alleges that the Respondents failed to grant reasonable accommodations when the Complainant requested an assistance animal and an alternate bathroom while the Respondents were renovating the only bathroom in her unit. HUD’s Charge also alleges that the Respondents terminated the Complainant’s tenancy in retaliation for requesting these reasonable accommodations.

“Individuals have a right to request and seek reasonable accommodations allowing them to fully enjoy their residence,” said Damon Smith, HUD General Counsel. “HUD is committed to ensuring residents receive the reasonable accommodations they need, and we will continue to take enforcement action against housing providers to stop disability discrimination.”

HUD's charge will be heard by a United States Administrative Law Judge (ALJ) unless any party to the charge elects to have the case heard in federal district court. If an ALJ finds after a hearing that retaliation has occurred, they may award damages to the complainant for harm caused by discrimination. The ALJ may also order injunctive relief and other equitable relief, as well as payment of attorney fees. In addition, the ALJ may impose fines to vindicate the public interest. If the matter is decided in federal court, the Federal Court judge may also award punitive damages.

People who believe they are the victims of housing discrimination should contact HUD at (800) 669-9777 (voice) or (800) 927-9275 (TTY). More information is available at www.hud.gov/fairhousing. Housing providers and others can learn more about their responsibility to provide reasonable accommodations and reasonable modifications to individuals with disabilities here. Materials and assistance are available for persons with limited English proficiency. Individuals who are deaf or hard of hearing may contact the Department using the Federal Relay Service at (800) 877-8339.