[A] South Burlington landlord discriminated against a couple for refusing to rent them an apartment because they had children, according to an investigation by the Vermont Human Rights Commission.
The investigation found Dana Stevens made 14 discriminatory statements against families with children while saying she didn’t want to rent an apartment to Whitney and Bryan Tummings, who have two young children.
Stevens showed Whitney Tummings the two-bedroom apartment she offered on a real estate website last August. After scheduling a meeting to meet Bryan Tummings, Stevens called the day of the meeting to say she was “going to say no because the place was not suitable for little children.” Stevens cited safety concerns because of a balcony. She also said when her grandchildren visited “the place is a wreck, and with little children it’s going to get dirty and all.”
Refusing to rent an apartment to a family because they have children is a violation of the Vermont Fair Housing and Public Accommodations Act.
Stevens could not be reached for comment. Her lawyer told investigators she was unaware it was illegal to refuse to rent an apartment because the tenants have children. The lawyer instead emphasized Stevens’ concerns about the third-floor balcony “with little to no safety measures.” The investigation noted the advertisement for the apartment showed the door to the balcony had a lock.
The couple has since found other housing, according to Bor Yang, the executive director of the VHRC. Before that, Stevens agreed to not rent the $1800-a-month apartment after the VRHC sought an injunction in court because the family was homeless and in need of immediate housing.
The commission voted 4-0 on Thursday that there were “reasonable grounds” to believe discrimination had occurred, Yang said.
In “reasonable grounds” cases, the commission and the person against whom the complaint is filed have six months to negotiate a settlement. If no settlement is reached, the commission can take the case to court or close it without a settlement.
The investigation found the Tummings offered to pay for storage of any of Stevens’ personal belongings she thought might get damaged, and to have the unit professionally cleaned after they left, but the report found Stevens “remained adamant in her decision not to rent to anyone having minor children,” the investigation found.
More than a page of the eight-page investigation was blacked out. Yang said redactions can be made when an investigation does not find “reasonable grounds” on discrimination cases that make multiple claims. Yang would not comment further on the nature of the redactions.
According to the investigation report, at their initial meeting, Stevens “walked past her and then seemed taken aback and slightly less willing to show” Whitney Tummings the rental apartment for reasons not explained in the report. During the showing, Tummings told Stevens she and her husband were in the process of bringing their children to Vermont from Jamaica.
The investigation noted cases were “relatively rare to have direct evidence of discrimination,” but this case had “ample direct evidence of discrimination” including two tape recordings Whitney Tumming made of her conversations with Stevens.
