Attorney General Martha Coakley Obtains Consent Judgment Against Fitchburg Property Owner in Housing Discrimination and Lead Paint Case

FROM THE OFFICE OF THE ATTORNEY GENERAL

August 12, 2008

WORCESTER- Attorney General Martha Coakley’s Office has obtained a consent judgment resolving claims that a Fitchburg landlord discriminated against a tenant and her children by terminating her tenancy because he did not want to comply with laws requiring him to de-lead the apartment for the safety of the children. The judgment, entered late last week by Judge John McCann of the Worcester Superior Court, permanently prohibits the landlord, Farag Mohamed, from discriminating against tenants or any person applying for housing and requires the landlord to pay the victim $4,000.

“By attempting to terminate the victim’s tenancy because she had children under the age of six and by refusing to abate lead paint after it was discovered, Mr. Mohamedviolated his legal duties as a landlord,” said Attorney General Coakley. “Our office is pleased with the outcome of this judgment because it will require Mr. Mohamedto put strong antidiscrimination policies in place and to participate in training on fair housing laws.”

The complaint alleges that in October 2003, Mohamedattempted to terminate the victim’s tenancy after a lead paint test revealed the presence of lead throughout the apartment where the victim and her three children resided. Under both Massachusetts lead paint law and the terms of the tenant’s Section 8 rental subsidy, administered by the Rural Community Assistance Program, the landlord is required to abate lead hazards. The complaint alleges that Mohammed refused to abate the lead hazard and subsequently told the victim that he no longer wanted to work with Section 8, and asked her to move out of the apartment. Under Massachusetts antidiscrimination law, it is illegal to discriminate against a person because he or she is a recipient of a housing subsidy or because of that person’s familial status. It is also illegal for a landlord to refuse to rent to someone because the landlord does not want to comply with the health and safety requirements of a housing subsidy program.

The judgment also requires Mohamedto advertise rental property as “Equal Housing Opportunity” properties, adopt a written antidiscrimination policy for his rental properties, maintain a record of rental applicants accepted and rejected for tenancy, and report all discrimination complaints to the Attorney General’s Office. Additionally, Mohamedmust participate in a fair housing law training approved in advance by the Attorney General’s Office. The apartment units of the property in question were de-leaded during the course of this litigation.

Since taking office in January 2007, Attorney General Coakley has obtained judgments in 23 housing discrimination cases brought against landlords, property managers, and/or real estate companies and has 16 complaints pending.

This matter was handled by Assistant Attorney General William O’Neill in Attorney General Coakley’s Western Massachusetts Office.