Discrimination Against Children
On January 30, 2009, a local newspaper published an article about Pelican Lake Village located near Pahokee, being leased to a prison ministry forcing out residents with children under the age of 18. Based on this, the Palm Beach County Office of Equal Opportunity (“OEO”) researched this property to ascertain if the fair housing laws were being violated. The research indicated that the management company, Alston Management, Inc., sent a letter to residents indicating that the property was sold to Miracle Park, Inc. “adults only community”, and if there were children under the age of 18, the resident and children would have to vacate the property before January 1st, 2009. The letter further indicated that if the resident refused to move or comply with the new owner, the resident would be evicted. This discouraged families with children from continuing residency or applying to live there. Furthermore, the property had not registered with the State as housing for older persons.
Fair Housing laws in Palm Beach County prohibit a housing provider from discriminating based on race, color, national origin, religion, sex, familial status, disability, sexual orientation, age, marital status or gender identity or expression. These laws include refusing to rent to families with children (unless the housing meets certain requirements for housing for older persons) and making or publishing, in print or on-line, any statement or advertisement that states a limitation against families with children.
On March 3, 2009, the Director of the OEO, with approval of the Palm Beach County Fair Housing Board, filed a Director’s complaint against Alston Management, Inc., Matthew 25 Ministries, Inc., and Miracle Park, Inc. These are the owners and lessees of the property at Pelican Lake Village. In the complaint, it was alleged that the owners and lessees violated the Palm Beach County Fair Housing Ordinance and Title VIII of the Federal Fair Housing Act by discriminating against families with children (familial status discrimination). The Director of OEO recently issued reasonable cause determinations in these cases indicating that there was reasonable grounds to believe that the families were discriminated against because of the presence of children under the age of 18. Those cases are currently being conciliated by OEO to see if an agreement can be reached by the parties. If conciliation is unsuccessful, the tenants may request a hearing before the Fair Housing Board or file a lawsuit in state or federal court.
Pamela Guerrier, is a Manager at the Palm Beach County Office of Equal Opportunity since 2002. She is available to answer questions regarding fair housing issues. Ms. Guerrier can be reached at 561-355-2558 or email at: Pguerrie@pbcgov.org.