Washington Heights In Worcester Pays $75,000 Settlement For Not Accommodating Disabled

WORCESTER, MA — Multiple people are receiving payouts and several property owners and management companies across the state will strengthen their anti-discrimination and fair housing policies after three separate settlements were reached over claims of disability-based housing discrimination against tenants, Attorney General Maura Healey announced on Tuesday.

The AG’s office finalized settlements in three separate cases, including with Washington Heights in Worcester, resolving allegations that the defendants, mainly property owners and managers, discriminated against tenants by failing to reasonably accommodate their disabilities.

“When landlords refuse to make reasonable accommodations for tenants with disabilities, it compromises the health, safety and quality of life of our residents,” said AG Healey in a statement. “My office enforces our fair housing laws to ensure that people are treated with dignity and can access housing in our state.”

Under Massachusetts law, it is illegal to discriminate on the basis of disability when renting housing accommodations. This prohibition includes a landlord or managing agent’s "refusal to make a reasonable accommodation or modification if it is necessary to afford the person with a disability full enjoyment of the premises, as well as the failure to engage in a meaningful interactive process in response to requests for accommodations or modifications."

According to a complaint filed by the AG’s Office, these defendants engaged in discriminatory and unlawful housing practices against a tenant on the basis of her disabilities by failing to provide reasonable accommodations and modifications, said the announcement. The tenant began using a wheelchair after suffering a stroke during childbirth.

AG Healy said in a release that in January, 2013, the tenant and her husband asked for an accessible unit with a wheelchair ramp, but were told there was a waitlist years long and suggested they move elsewhere. The couple also requested modifications to make their home accessible, the majority of which allegedly were met with undue delays and some requests were denied altogether, according to the AG. This included making the sidewalk ramp to the entryway of the apartment safe and usable for the tenant.

The AG’s Office alleged that the tenant’s recovery was adversely impacted by the lack of accessibility. She was unable to leave her home on her own and, at times, unable to even move from one room to another. Her husband’s health was also adversely impacted by the delays after he injured his back while caring for his wife.

The defendants have agreed to pay a total of $75,000, including $60,000 in damages to the tenant and $15,000 to the Commonwealth. The companies will also be required to update their anti-discrimination policies, pay for training on fair housing laws for all employees and for educational programs for residents regarding their rights as tenants and resources available for tenants with disabilities. As a condition of the consent judgment, the defendants will also work with the U.S. Department of Housing and Urban Development on an assessment of the property’s compliance with applicable federal law.

The office also reached settlements with property owners in Roxbury and East Wareham.