FOR IMMEDIATE RELEASE CR
THURSDAY, SEPTEMBER 8, 1994 (202) 616-2765
TDD (202) 514-1888
JUSTICE DEPARTMENT OBTAINS SETTLEMENT IN HOUSING
DISCRIMINATION CASE AGAINST WILDWOOD, NEW JERSEY
WASHINGTON, D.C. -- A city in southern New Jersey that
allegedly used its housing code to keep out families with
children, especially Hispanic families, has agreed to pay $75,000
in damages and change its maximum occupancy standards, the
Justice Department announced today.
The city of Wildwood, on the Atlantic shore, was accused of
discriminating against the families by selectively utilizing a
local ordinance that was so restrictive that in most instances it
permitted only one person per bedroom.
In the settlement, the city conceded that its ordinance
adversely impacted families with children, especially Hispanic
families, in violation of the federal Fair Housing Act. The city
of 4,500 persons also conceded that it enforced the ordinance
primarily against persons living in year-round rental units as
well as those receiving public housing assistance.
In today's settlement, the city agreed to replace its
occupancy standards with the standards set forth in a national
building code and New Jersey's occupancy code. The city also
agreed to:
pay $10,000 in civil penalties and $65,000 in damages to any
identified victims of the discriminatory practices;
train its employees responsible for matters relating to
zoning and land use regulations - including the mayor and
members of the city council - in fair housing requirements;
employ a fair housing counselor, fluent in English and
Spanish, to investigate charges of housing discrimination,
and provide counseling services for minorities and families
with children who wish to live there.
"This settlement underscores our continuing commitment to
uncover and eliminate discrimination directed against families
with children and based on national origin," said Assistant
Attorney General for Civil Rights Deval L. Patrick. "This
settlement warns all municipalities against attempting to use
their powers to prevent individuals from occupying property that
is large enough to accommodate their families."
The settlement, filed in U.S. District Court in Camden,
resolves a suit that the Justice Department brought against the
city of Wildwood last March. The suit alleged that Wildwood and
two of its housing inspectors violated the Fair Housing Act by
discriminating against families with children, especially those
of Hispanic origin. It claimed that the city enacted and
selectively enforced a local occupancy ordinance which unduly
limited the number of persons who may occupy a residential
dwelling based on the size of the dwelling.
The settlement follows a temporary court order issued last
April granting a Justice Department request for emergency relief
to prevent further enforcement of the ordinance. At the hearing
for emergency relief, the Justice Department provided evidence
that Wildwood's occupancy restrictions far exceed those set by
national building codes or the State of New Jersey. The Justice
Department also demonstrated that portions of the local ordinance
are so restrictive that it allows only one person per bedroom in
a unit. Owner-occupied apartments as well as seasonal rentals,
which constitute over half of the town's housing, have been
virtually exempt from the town's enforcement efforts. Shortly
after the court's order, the town agreed to stop enforcing the
ordinance while the lawsuit was pending in federal court.
Individuals who believe that they have been victims of
housing discrimination in Wildwood should call the Justice
Department at (202) 514-4713. Individuals who believe they may
have been victims of housing discrimination anywhere else in the
United States should call either the Justice Department or the
Department of the Housing and Urban Development's Fair Housing
Hotline at 1-800-669-9777.
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