Realty firm facing suit over rentals, Families allegedly told children not allowed

January 15, 2009

 

By Martin Luttrell TELEGRAM & GAZETTE STAFF

mluttrell@telegram.com

 

WORCESTER— A nonprofit housing organization has filed a federal lawsuit alleging a city realty company discriminated against prospective renters because they have children. 

 

The suit, filed Monday in U.S. District Court by Legal Assistance Corp. alleges that the realty company, which operates under the names Guardian Select Realty, Guardian Select Real Estate and weRENTcentralmass.com, engaged in unlawful housing practices by steering parents of minor children away from apartments or refused to show them apartments. 

 

“When the families contacted the rental agency regarding specific apartments they were interested in viewing, the agency refused to show the apartments to them, stating that since they had children, they could not show them apartments that had not been deleaded,” the plaintiff said in a prepared statement. 

 

Legal Assistance Corp. further stated that according to the 2000 Census, nearly 85 percent of the houses in Worcester were built before 1978, and most likely contain lead paint. A landlord is required to make an apartment safe from lead paint if the tenant family has a child six years or younger living in the apartment, Legal Assistance Corp. said. 

 

Some landlords may decide not to rent to families with young children in an attempt to avoid the cost of deleading, the plaintiff stated. It is illegal under state and federal fair housing laws for an owner or realty agent to refuse to rent to someone because of their familial status, Legal Assistance added. 

 

A landlord may be eligible for loans, grants or tax credits to pay for the cost of removing lead paint, the plaintiff said. 

 

The suit alleges that the six plaintiffs attempted to look at rental units managed by weRENTcentralmass.com and Guardian Select Realty, which are wholly owned subsidiaries of Park Associates Real Estate LLC of Boston. A person who answered the phone at Park Associates directed a reporter to Guardian Select Realty at 100 Grove St. in Worcester. 

 

Edward J. Murphy, who answered the phone at Guardian Select, said he had not heard of the lawsuit, and reviewed a copy of the complaint e-mailed by a reporter. Mr. Murphy, who is listed in documents on file in the Secretary of State’s Corporations Division as resident agent of Park Associates Real Estates LLC of 1216 Commonwealth Ave., Boston, said his company would refer the suit to its lawyers. 

 

“At the time of your phone call we were unaware of any of their allegations,” Mr. Murphy said. “We’ve arranged to meet with legal counsel tomorrow to review these allegations, and will be able to comment further at that time.” 

 

Among the allegations is that the realty company negligently failed to supervise its employees or agents, resulting in a violation of the plaintiffs’ rights. 

 

“The actions of the defendants … were intentional willful, reckless and knowing, and at a minimum, negligent and were undertaken with callous disregard for the rights and feelings of plaintiffs and their families,” the complaint states. 

 

The complaint seeks compensatory and punitive damages, along with lawyer fees.