Reference no: EM133812837

Question

You are completing an intake interview with Slipirie Nelson, a landlord who has contacted your law office for legal assistance. Nelson received a Charge of Discrimination, which states that the Department of Housing and Urban Development (HUD) has determined that there is reasonable cause to believe that discrimination occurred in connection with the rental of units in the apartment complex owned and operated by Nelson. According to the Charge, Nelson engaged in housing discrimination by publishing an advertisement on Craigslist for apartment rentals that stated, "No Teenagers Please." When housing testers contacted Nelson to inquire about the unit, Nelson said, "I don't want any children. I don't want teenaged children." The Fair Housing Act makes it unlawful to deny or limit housing because a family has children under the age of 18 and to make statements that discriminate against families with children. This includes publishing print, broadcast or internet advertisements that indicate a preference or otherwise discriminate against families with children. Housing may exclude children only if it meets the Fair Housing Act's exemption for housing for older persons. The Charge also states that Nelson, as respondent, has twenty (20) days after receiving notice of the Charge to decide whether to have the case tried before a Federal District Court judge. If neither the landlord nor the charging party does so, the case is heard by a HUD Administrative Law Judge (ALJ). Nelson believes that what was stated on Craigslist and to the testers was unfairly misconstrued. Nelson would like information about HUD, and whether to have the case heard by a Federal District Court judge or an ALJ.

Explain to Nelson about the purpose and creation of HUD as a federal cabinet-level department. (There is no need to go into the administrative procedures of HUD related to its handling of discrimination claims, since those are already stated in the Charge.)