Settled: BRADLEY V CHARBONNEAU
The Fair Housing Center of Metropolitan Detroit (FHCMD) is pleased to announce that one of the longest pending actions as well as issues that may very well a first impression in the annals of the Fair Housing Act since it was passed in 1968 has been resolved.
The plaintiffs, Larry and Karen Bradley, alleged in the complaint that they sought to obtain a dwelling at The Charbonneau Park Coop in the Lafayette park area of downtown in Detroit in 2011. During the home interview, a co-defendant and member of the board of directors at Charbonneau allegedly subjected the couple with sexually offensive remarks to Mr. Bradley in the presence of his wife in an obvious attempt to discourage the plaintiffs from proceeding to seek occupancy. Failing at that, the co-defendant board member falsely represented that the coop preferred "older people " although they failed to meet the criteria of the Housing for Older Persons Act with the Fair Housing Amendments Act of 1988 (HOPA) as well as false representations that the subject dwelling was sold to earlier in violation of the FHAA at 42 USC sec 3604(d) which prohibits false representations that a dwelling is unavailable, when in fact there were several vacant dwellings, which was supported by testing evidence compiled by FHCMD. Initially an administrative complaint was filed with the United States Department of Housing & Urban Development (HUD), however, the parties could not arrive at a resolution, and in 2014 a federal law suit was filed and the action was assigned to the Honorable Linda V. Parker. During discovery, it was learned that the defendants obtained a copy of the plaintiffs’ credit report in clear violation of the anti-retaliation statute of the FHAA and the Fair Credit Reporting Act. The plaintiffs were represented by FHCMD Cooperating Attorney Nikkiya Branch of the Perkins Legal Group PLLC. In January, 2015 a settlement was achieved and the terms are confidential.