TRENTON
– The Division on Civil Rights announced
today that the owners of a Somerset County
apartment complex have paid $30,000 to the
Fair Housing Council of Northern Jersey to
settle charges the complex engaged in racial
and other types of unlawful discrimination
while dealing with testers it believed were
prospective tenants.
In
addition to its payment of $30,000, the Hillsborough
apartment complex Kimberwyck Village and its
owners, Kimberwyck Village Associates, have
agreed to provide the Fair Housing Council
a monthly list of rental vacancies for the
next year, and will host a fair housing training
session for employees to be conducted by the
Division on Civil Rights.
“This
settlement is important because it requires
accountability on the part of Kimberwyck concerning
its rental vacancies. The agreement also calls
for Kimberwyck employees to undergo training
that, hopefully, will ensure a commitment
to fair housing practices,” said Division
on Civil Rights Director Chinh Q. Le.
The
Fair Housing Council sent a total of nine
testers into Kimberwyck Village in 2007 and
2008. A subsequent complaint filed with the
Division in October 2008 charged that Kimberwyck
employees showed an obvious preference toward
white testers they believed were prospective
tenants. Specifically, the complaint charged,
Kimberwyck staffers showed white testers cleaner,
more ready-for-occupancy dwellings, presented
the complex’s rental terms and income
requirements in the most attractive light,
and in one case offered to “hold”
a rental unit for a white tester.
Meanwhile,
the Complaint charged, Kimberwyck employees
showed African-American testers less clean
and well-maintained rental units, neglected
to mention certain favorable rental terms
that had been mentioned to white testers and
did not offers to hold rental units for them.
In addition, the complaint alleged that Kimberwyck
employees made disparaging remarks to testers
about other minorities, including Mexicans
and Indians. Specifically, one Kimberwyck
employee remarked about the financial unreliability
of Mexican rental applicants, and used a slur
to refer to Indian tenants.
In
addition to charging race-based and national-origin-based
discrimination, the Fair Housing Council complaint
also charged Kimberwyck with unlawfully discriminating
against families. For example, testers who
inquired about rental options for families
with children were told that tenants with
children must rent two-bedroom apartments
because children were prohibited from living
in one-bedroom apartments or in upstairs units.
Under
the settlement agreement, there is no acknowledgment
of wrongdoing by Kimberwyck or Kimberwyck
Associates.
In
addition to paying the Fair Housing Council,
providing a list of rental vacancies for the
next year and hosting an employee training
session, Kimberwyck has agreed to publish
and disseminate a company-wide non-discrimination
policy using language provided by the Fair
Housing Council.
Kimberwyck
has also agreed to display non-discrimination
posters provided by the Division on Civil
Rights on all of its rental properties, and
has agreed to include the following message
in all of its advertising of vacancies: “This
property is rented without regard to race,
national origin or familial status and is
in compliance with all fair housing laws.”
Division
on Civil Rights Director Le said the signage
and advertising provisions are an important
aspect of the settlement agreement, and reflect
the Division’s commitment to fighting
housing discrimination on all fronts.
“Finding
quality housing -- housing that meets one’s
needs and is also affordable, clean and safe
-- is challenge enough without the added burden
of discrimination,” Le said. ”Throughout
the state landlords, apartment managers and
the owners of housing complexes must understand
-- we are serious about preventing discrimination,
and we will take action against any housing
providers we find engaging in such conduct.”
Investigator
Susan Paletta and Supervisor Elizabeth Russian
of the Division on Civil Rights’ Housing
Investigations Unit handled the Fair Housing
Council/Kimberwyck matter on behalf of the
State.
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