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FOR MORE INFORMATION CONTACT:

Attorney David R. Sparer

Herrick & Kasdorf, L.L.P.

608-257-1369

RELEASED APRIL 28, 2004

Discriminatory Eviction of Mother and Two-Month-Old Child

Costly for Fort Atkinson Apartment Owner

Apartment owner Cecilia Pope of Fort Atkinson has paid $15,650 to settle a fair housing complaint filed by Darci Frederick with the US Department of Housing and Urban Development (HUD). Frederick alleged that Pope violated the Federal Fair Housing Act by evicting Frederick and her 2-month-old child on the basis of familial status. According to the Federal Fair Housing Act, a housing provider cannot discriminate on the basis of the presence of children in a household.

Darci Frederick moved into her one-bedroom apartment at 218 Edwards Street in Fort Atkinson in May of 2002. The following January, Frederick had a baby. Two months after the birth of her son, Frederick’s landlord, Pope, came to her apartment and inquired if she was pregnant. Frederick said “no,” and explained to Pope that she had her baby in January. Claiming that the apartment was not for children, Pope informed Frederick that she was going to have to move. Nine days later, Frederick received notice that she and her infant son needed to vacate the building by the end of the month.

“When someone tells you that you can’t live at a place anymore because of your child it is just a complete shock,” stated complainant Darci Frederick. “I had just moved to the area and it was my first apartment in Wisconsin. I am extremely thankful that I received the assistance that I needed.”

The Metropolitan Milwaukee Fair Housing Council (MMFHC) conducted intake of Frederick’s complaint and counseled her on the rights and remedies available to her under the Wisconsin Open Housing Law and the Federal Fair Housing Act. After conducting an investigation through its satellite office, the Fair Housing Center of Greater Madison (FHCGM), MMFHC referred Frederick to Madison Attorney David Sparer of Herrick & Kasdorf, L.L.P. The complaint was subsequently settled through HUD.

As part of the settlement, Darci Frederick has received $15,650 in damages. In addition, affirmative relief was part of the settlement, including attendance by Cecilia Pope at a fair housing training seminar conducted by MMFHC.

FOR MORE INFORMATION CONTACT:

Attorney David R. Sparer

Herrick & Kasdorf, L.L.P.

608-257-1369

RELEASED APRIL 21, 2004

African American Student Discriminated Against

by Madison Apartment Owner

Simret Abraha, an African American student at the University of Wisconsin, has successfully settled a race discrimination complaint against apartment owner William Titley. While the exact monetary terms of the settlement are confidential, Abraha calls the settlement “very satisfactory.”

The complaint stemmed from Abraha’s attempt to view an apartment at 128 N. Butler in Madison. “I set up an appointment with the owner of the building and he was supposed to meet me on the sidewalk,” Abraha recalled. On his way to the apartment, looking for a parking spot, Abraha noticed a man standing outside the building. “I drove by and made eye contact with the man and nodded my head to let him know I would be right back.” When he returned after parking his car, the man was gone. Abraha rang the doorbell and waited, but the apartment owner did not appear. After leaving the building, Abraha called the owner and asked why he hadn’t kept the appointment. The owner said that there were no longer any availabilities. Subsequently, Abraha had a white friend call the owner to inquire whether there were available units. The white caller was told that there were.

After discovering the apparent discrimination, Abraha was devastated. “I went home to my parents’ house right after the incident,” Abraha stated. “I was emotionally crushed and wanted to remove myself from the situation.”

Abraha filed a complaint through the Fair Housing Center of Greater Madison (FHCGM) and an investigation was structured and implemented to look into the allegation. Utilizing an investigative method referred to as “testing,” FHCGM uncovered the same differential treatment Abraha described in the complaint. In the course of the investigation, the owner refused to answer the door to an African American tester and would not acknowledge her as she approached the building for her appointment. The owner, however, kept an appointment with a white tester who was subsequently given information about available vacant units. 

FHCGM’s parent organization, the Metropolitan Milwaukee Fair Housing Council (MMFHC) referred Abraha to Madison Attorney David Sparer of Herrick & Kasdorf, L.L.P. Abraha filed a lawsuit in Dane County Circuit Court and a complaint with the US Department of Housing and Urban Development.  The complaint was subsequently settled for monetary relief paid to Abraha. In addition, affirmative relief was part of the settlement, including attendance at a fair housing training seminar conducted by MMFHC. Further, Titley agreed to follow the fair housing laws when engaging in all future rental and sale of housing.