Boca Raton condo association sued over ban on children

Boca Teeca Condominium No. 9 investigated and warned

Article Courtesy of wptv Channel 5

By Wayne Roustan

Published August 13, 2010

BOCA RATON, Fla. - The Fair Housing Center of the Greater Palm Beaches has filed a federal lawsuit against the Boca Teeca Condominium No. 9 Association. The suit, filed on Monday, accuses the condo complex of violating the federal Fair Housing Act of 1968.

The Palm Beach County Office of Equal Opportunity investigated a complaint from real estate agent Margo Lefton, who said a single father of three had financing lined up to buy a $120,000 condominium in December 2008, but was turned away because one of his children was younger than 15.

Sony Antoine was trying to buy apartment 207 at 196 NW 67th St. in Boca Raton, according to the Office of Equal Opportunity's Determination of Reasonable Grounds. The notice was issued in September, stating there was a violation of the county's Fair Housing Ordinance, and inviting all parties to mediate a solution.

There was no response within the 30-day deadline.

"They got a nice warning and a shot across the bow but continued to violate the law," said attorney Randall Berg, representing the Fair Housing Center in the lawsuit.

In July, the nonprofit center followed up by having staff volunteer Vince Larkins pose as renter Randy Glenn, with two children younger than 16.

The lawsuit details Larkins' e-mailed negotiations through a real estate agent to rent at the Boca Teeca Condominiums. His application was ultimately turned down, and the county's Office of Equal Opportunity filed another Determination of Reasonable Grounds last month.

"They are not going to get out of this one as easily as the first one," Berg said. "They are going to have to welcome in families with children, settle damages and attorneys fees or go through the steps of complying with elderly exemption [requirements], but also pay damages and attorneys fees."

Banning children from housing is moving up the discrimination chart, according to the county Office of Equal Opportunity.

Of the 96 cases investigated in 2008-09, 45 percent were for people with disabilities, 25 percent were for families with children, and 14 percent were for race and color, said Office of Equal Opportunity manager Pamela Guerrier.

In the previous two years, discrimination cases against families ranked third, behind disability and race cases, Guerrier said.

To legally ban children, condo associations must file for and qualify as "housing for older persons" under county and federal fair housing laws, and prove that at least 80 percent of the units have one or more residents 55 or older.

Boca Teeca Condominiums No. 9 Association President Ronald Erhardt, who also is named in the lawsuit, could not be reached for comment despite three phone messages.

Berg said such fair housing lawsuits are generally very successful. Afterward, the apartment complex must comply with fair housing laws, usually pay monetary damages and legal fees and follow any other court orders outlined in the judgment.

"We don't sue condos or landlords needlessly," he said, "We have a 100 percent success rate."

CONDO ARTICLES HOME NEWS PAGE