Fitchburg Rental Agency Found to have Engaged in Illegal Housing Discrimination

FOR IMMEDIATE RELEASE

January 17, 2007 

 

Contact 

Jonathan Mannina, Esq., Executive Director 

Phone: (508) 752-3718 

Fax: (508) 752-5918 

Email: jmannina@laccm.org 

 

A Worcester jury recently found that Brookside Rentals of 156 Summer Street and its owner, Richard Benham, engaged in illegal housing discrimination against recipients of Section 8 rental assistance. As a result of the jury verdict, Brookside and Benham have been ordered to change their rental practices to comply with the law and to pay $46,103.63. 

 

The case was originally filed by Rhonda Bernal against Brookside and Benham in Worcester Housing Court in 2002. Ms. Bernal claimed that the defendants refused to rent an apartment to her in August 2002 solely because she had a Section 8 voucher. The voucher was administered by the Fitchburg Housing Authority. She also claimed that the defendants engaged in a pattern and practice of discrimination against recipients of Section 8. 

 

At trial, Benham claimed that he did not engage in discrimination and that he rented to Section 8 recipients in the past. However, the evidence at trial showed that Brookside worked with landlords that instructed Brookside that they did not want to rent to Section 8 tenants, and that Brookside then complied with the discriminatory preferences of these landlords. In addition to Ms. Bernal, 3 other women testified that Benham and his agent told them over the phone that Brookside did not rent to recipients of Section 8 rental assistance. 

 

On December 5, 2006, the jury found that Benham and Brookside engaged in Section 8 discrimination and awarded punitive damages. The court also ordered the defendants to pay costs and attorney’s fees. Ms. Bernal was represented by attorneys Jonathan Mannina and Young Soo Jo of the Legal Assistance Corporation of Central Massachusetts. 

 

Mr. Mannina, the Executive Director of Legal Assistance, said “It has unfortunately been our experience that many rental companies comply with the discriminatory preferences of the landlords who retain them to find tenants. This case sends an important message to Worcester County rental companies that complying with the discriminatory preferences of landlords is illegal and can be costly.” According to Mr. Mannina, “rental companies should refuse to work with any landlord who wants them to engage in discrimination against others.” 

 

Ms. Bernal expressed satisfaction with the jury’s verdict. “It was important to me that the jury recognized that rental agencies like Brookside cannot treat people differently just because they have Section 8,” she said. “I hope other rental agencies that treat Section 8 tenants unfairly will change their practices because of this case.” 

 

In addition to paying money, Defendants have been ordered to obey the Massachusetts Anti- Discrimination Law as applied to recipients of rental assistance, to train their employees in the anti-discrimination laws, to use the “equal housing opportunity” slogan in their advertisements and correspondence, and to prepare reports of their rental activities over a two-year period under the oversight of the Worcester Housing Court. 

 

The Section 8 housing program is a federal program that provides rental assistance to low- income families for the purpose of helping them obtain safe and affordable housing. Under the program, participants generally pay between 30% and 40% of their income to a landlord, and the housing authority pays the excess between the tenant’s share of the rent and the fair rental value of the apartment. The Massachusetts Anti-Discrimination Law (M.G.L. c. 151B) makes it illegal for landlords and rental agencies to refuse to rent to an individual because he or she receives rental assistance, such as Section 8. 

 

The Legal Assistance Corporation of Central Mass. provides free civil legal assistance to the low-income and elderly residents of Worcester County and receives funding from the Massachusetts Legal Assistance Corporation, the U.S. Department of Justice, a number of local United Way affiliates, and other sources. 

 

# # #