HUD Accuses Manchester Landlord of Retaliation in Eviction Proceedings

Oct. 13 — A Manchester landlord and property manager were charged with violating the Fair Housing Act by attempting to evict a tenant after a complaint was filed against them, according to the U.S. Department of Housing and Urban Development .

HUD’s “discrimination charge” alleges that Greenview Associates LP, Palmer Asset Management, LLC, and John Martin conducted a background check and sought to evict a tenant after the tenant filed a fair housing complaint with the HUD, contrary to their usual practice of not conducting background checks on existing tenants, according to a press release.

The tenant filed a fair housing complaint on June 13, 2023 for discrimination based on his Hispanic origin. The complaint was amended after the tenant claimed the landlord tried to evict him after he filed the complaint, according to the charge.

Greenview Associates owns the Greenview Village complex and contracts with Palmer Asset Management. Palmer is the regional property manager.

The man, who had lived at the property since 2019 with his minor child, filed a complaint with HUD, alleging discrimination based on race, color and national origin because he is from the Dominican Republic. The charge did not specify any specific allegations.

Martin told a HUD investigator that the investigation was costing the companies money in legal fees and that they needed to “get rid of” the complainant.

An email to the plaintiff from an attorney stated that he was evicted for “materially false statements made on his rental application that were recently discovered when respondents conducted a background check on the plaintiff,” according to the charge.

The email cited the nondisclosure of a conviction for reckless endangerment of the highway that occurred in 2005, when the tenant was 19 years old.

The companies admitted they did not do background checks on residents, but did so for the plaintiff after the June 13 complaint was filed. New Hampshire courts ruled that the eviction constituted a violation, according to the prosecution.

The charges seek monetary damages for the plaintiff and other civil penalties.

HUD, however, determined that there was no “reasonable cause” to believe that the tenant was being discriminated against.

A director of Palmer Asset Management and an attorney representing them could not be reached Sunday afternoon.

A U.S. administrative judge will hear HUD’s charge unless one party to the charge elects to have the case heard in federal district court, according to the release. Damages could be awarded to the tenant if a judge determines that discrimination occurred.

“The judge may also order an injunction and other equitable relief, to deter further discrimination, as well as the payment of attorney’s fees. In addition, the judge may impose civil penalties to defend the public interest,” it says. the press release.

If the Federal Court hears the case, the judge may also award punitive damages to the plaintiff.

The Fair Housing Act prohibits housing providers from retaliating against tenants for exercising their rights under the law, according to the release.

The conduct of property owners and managers constitutes unlawful retaliation under the Fair Housing Act, Diane M. Shelley, HUD’s principal deputy assistant secretary for Fair Housing and Equal Opportunity, said in a statement .

“(This) accusation sends a strong message that HUD is committed to ensuring that tenants who exercise their right to fair housing are protected from retaliatory evictions,” she said.