944 F. Supp. 2d 176
D. Conn.2013Background
- Plaintiffs sue under the Fair Housing Act to enjoin and remedy discriminatory housing practices at 5 Townline Road, Windsor Locks, CT by owners/operators the Hyltons and Hylton Real Estate Management (HREM).
- Mr. and Mrs. Hylton are Black; Hylton is the sole owner/officer of HREM, which manages rental properties and collected rent.
- 5 Townline Road was owned by Mrs. Hylton; Mr. Hylton handled showings, applications, leases, and rent collection, using HREM documents.
- Bilbos (interracial couple) and Ms. Wilson (Black mother) sought to rent; Bilbos entered a lease at 5 Townline Road which allowed subletting with written consent.
- Hylton initially agreed to sublet to Ms. Wilson but then refused after learning she is Black, and also advised seeking White tenants; Ms. Wilson and Bilbos faced discriminatory decisions and damages.
- The court awarded damages, held Hylton liable both personally and via HREM, and declined complete 3603(b) exemption for Mrs. Hylton; injunctive relief and attorney’s fees were discussed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Discrimination under 3604(a) (refuse to negotiate for rental) | Bilbo/Intervenors show direct discrimination against Ms. Wilson based on race. | Hyltons contend no discriminatory intent or legitimate reason. | Yes, violation of 3604(a) shown via direct evidence. |
| Discrimination under 3604(b) (terms or privileges of rental) | Hylton prevented subletting to Ms. Wilson due to race, and declined to rent to Wilson. | Defendant claims neutral decision-making. | Yes, violation of 3604(b) established. |
| Discrimination under 3604(c) (advertising/presentation) | Hylton made statements indicating preference for White tenants. | No discriminatory statements expressed to the public. | Yes, 3604(c) violation found. |
| Vicarious liability of Mrs. Hylton and HREM | Agency/enterprise relationship makes them responsible for Hylton’s acts. | No agency/assignment of liability. | Both liable under FHA for discriminatory acts. |
| 3603(b)(1) exemption applicability | Mrs. Hylton may qualify as owner with exemption for nonprofessional conduct. | Exemption shields private individuals using no real estate facilities. | Exemption does not apply to Mrs. Hylton; she remains liable. |
Key Cases Cited
- Fair Housing in Huntington Committee Inc. v. Town of Huntington, 316 F.3d 357 (2d Cir. 2003) (disparate treatment framework; direct evidence possible)
- Khalil v. Farash Corp., 452 F.Supp.2d 203 (W.D.N.Y. 2006) (distinguishing disparate treatment from disparate impact)
- United States v. L & H Land Corp., Inc., 407 F.Supp. 576 (S.D.Fla. 1976) (discrimination in terms/privileges of rental; agency liability)
- Cato v. Jilek, 779 F.Supp. 937 (N.D. Ill. 1991) (agency/owner liability in FHA context)
- Williamsburg Fair Housing Committee v. New York City Housing Authority, 493 F.Supp. 1225 (S.D.N.Y. 1980) (denying non-White vacancy; discrimination in privileges of renting)
- Space Hunters, Inc. v. United States, 429 F.3d 416 (2d Cir. 2005) (punitive damages; evidentiary standards under FHA)