Elias v. NHP Property Management, Inc.,

128866 (Cal. Super. Ct. Merced County filed Feb. 5, 1996). ; Clearinghouse Number: 51154

Description

Applicant for Section 8 Housing Alleges Property Manager Discriminated Against Her for Having Filed for Bankruptcy

Abstract

Plaintiff prospective tenant has filed her complaint against defendant’s refusal to place her on a waiting list for housing and Section 8 subsidy. Plaintiff had applied for a Section 8 apartment in a site-based Section 8 apartment complex owned and operated by defendant property manager. When she applied, plaintiff informed defendant of her bankruptcy. Defendant informed plaintiff that an apartment was available. However, two weeks later, plaintiff was told that she was ineligible because of her bankruptcy. Defendant’s agent later informed plaintiff’s counsel that defendant refused tenancy to persons who have filed for bankruptcy. Plaintiff alleges that, as a consequence, she was not placed on the waiting list for a residence and Section 8 subsidy. Plaintiff claims that defendant’s actions violated the state’s civil rights act and that, because defendant acted as HUD’s agent in determining prospective tenants’ eligibility for Section 8, its actions violated the federal bankruptcy code’s antidiscrimination provisions. Plaintiff seeks declaratory relief, damages, and an order requiring defendant to reconsider her application and put her on the waiting list effective when she originally applied.

Additional Information

Attorney Information
Plaintiff represented by Jack Daniel, Central California Legal Services, 2014 Tulare St., Suite 600, Fresno, CA 93721, (209) 441-1611.
Docket Date
1996-02-05 00:00:00+00:00