Phoenixville Landlord Faces Federal Discrimination Charges

The owner and manager of a Phoenixville apartment complex gave lower prices to renters without children and penalized tenants with kids, according to charges filed by the U.S. Department of Housing and Urban Development (HUD).

Breckenridge Plaza Inc. and Morris Zelikovsky were charged with violating the Fair Housing Act, according to a press release from HUD. The department alleges that Zelikovsky offered different rental terms and conditions to families with kids, discouraged parents from applying for apartments and generally showing a preference toward childless tenants. is located at 495 Nutt Road.

The Fair Housing Council of Suburban Philadelphia (FHCSP), a non-profit, filed the original complaint with HUD. That organization sent out testers posing as potential renters to see if Zelikovsky treated families with children differently.

According to the press release, ads on Craigslist and in a local newspaper hinted at possible discrimination.

“One of the ads placed by Zelikovsky stated: ‘Winter Special Price for Two Adults,’” according to the press release. “The Fair Housing Act makes it unlawful to make statements that express a preference or otherwise discriminate and to impose different rules and restrictions on families with children.”

To test the theory that potential renters with kids faced discrimination, several testers were sent out to Breckenridge Plaza as part of FHCSP’s investigation. In one case, an apartment was advertised for $740. A woman posed as a mother with a son and contacted Breckenridge Plaza Apartments to see about getting a two-bedroom place.

According to HUD, Zelikovsky told the woman she’d have to pay $775 for a two-bedroom apartment.

That same day, another tester posing as a married woman without children came in, and she was told that a two-bedroom apartment would rent for $745 per month, according to the press release.

FHCSP conducted a second test, which yielded similar results.

“A tester posing as a mother with a child contacted Zelikovsky about a two-bedroom apartment,” the press release states. “When the tester asked Zelikovsky if having a child was going to be a problem, he allegedly said, ‘It’s just going to be higher at $775 a month.’”

“Charging higher rent to a family because they have children unjustly saddles them with an extra financial burden and violates the Fair Housing Act,” said HUD Assistant Secretary for Fair Housing and Equal Opportunity John Trasviña in a press release. “HUD will continue to take swift action against owners and landlords who impose different terms and conditions on families with children.”

A United States Administrative Law Judge will hear the charges, unless any involved party wishes to have the case heard in federal district court, according to the HUD press release.

“If an administrative law judge finds after hearing that discrimination has occurred, he may award damages to aggrieved persons for the damages caused them by the discrimination,” the press release states.

Additionally, the judge may call for other relief to ensure no further discrimination occurs. The judge can also impose fines or order the landlord to pay the attorney fees. If the charges are heard in federal court, the people who were discriminated against may also be awarded punitive damages, according to the HUD press release.

The investigation into discrimination at Breckenridge Plaza Apartments is one of more than 10,000 investigations done annually by HUD for discrimination complaints.