The City of Durham has sued Durham Housing Authority (DHA) twice in the past year for alleged violations of the city’s Fair Housing Ordinance. Both cases, one filed on March 28, 2023, the other on January 22, 2024, allege disability-based discrimination against tenants.
Both suits are related to requests for disability accommodations, and according to Neighborhood Improvement Services Department (NIS) human resources manager Phillip Jordan, reflect a pattern of complaints his department has seen at DHA Properties.
“One of the things that we [NIS] are required to do is conduct investigations into allegations of housing discrimination,” Jordan says. “Over the past few years there seems to be a pattern with DHA, most of the complaints we get from individuals participating in a program that’s administered by DHA would fall under the category of disability protected class.”
The March 2023 case stems from a McDougald Terrace resident who originally requested to be relocated from McDougald Terrace to a different DHA property on May 28, 2020, with a Transfer and Diagnostic document from their health providers citing mental disabilities including schizoaffective disorder and PTSD. The lawsuit alleges that DHA’s internal guidelines give the agency 10 days to respond to all reasonable accommodations requests but that DHA took 13 months to respond. When DHA did respond, on June 30, 2021, it requested additional documentation. The McDougald Terrace tenant responded on July 9, 2021 and didn’t hear back from DHA for another 11 months. As of right now the tenant is still living at McDougald Terrace.
A Durham Human Relations Commission report from October 2021 found illegal discriminatory practices in the case.
In the January case, Cynthia Alston-Cash, a former resident of Damar Court Apartments who now resides in J.J. Henderson Senior Apartments, has an above-the-knee amputation and uses a wheelchair. Alston-Cash lived at Damar Court in a two-bedroom accessible apartment starting in August 25, 2015. Durham Housing Authority moved Alston-Cash to a one bedroom unit at J.J. Henderson on December 13, 2017. The lawsuit alleges that Alston-Cash was not asked for input during the move, that the new unit is handicap-inaccessible, and that Alston-Cash has had to rent a storage unit for the past six years to hold additional belongings.
The lawsuit alleges that, while residing at J.J. Henderson, Alston-Cash has submitted a total of five requests for reasonable accommodation, all with documentation, between August 16, 2019 and August 6, 2021. DHA ignored three requests, the lawsuit states, and denied Alston-Cash’s final request, stating that J.J. Henderson does not have a two-bedroom unit. As of right now, Alston-Cash is still living at J.J. Henderson.
A Durham Human Relations Commission report from October 2021 found illegal discriminatory practices in Alston-Cash’s case.
“They got so many letters from my doctors saying I needed to be put back where I was at because I need space. They said they was gonna move me back and they never did. That didn’t happen,” says Alston-Cash. “I’m way up here on the eighth floor. If a fire breaks out, what am I gonna do?”
In both cases, the City of Durham’s lawsuit alleges that DHA was aware of the resident’s disability, that a transfer was necessary, and that other residents in similar situations have been treated differently than Alston-Cash and the other resident. The lawsuit also alleges that DHA failed to respond within the appropriate time window and that the continual delay in response to requests amounted to a denial of accommodation.
According to city attorney Sofia Hernandez, in the Alston-Cash case, after five attempts at conciliation with DHA, the city had no choice but to turn to litigation to resolve the dispute.
The INDY contacted DHA communications manager Aalayah Sanders and chief executive officer Anthony Scott for comment. Sanders referred the INDY to Banks Law firm for official comment.
“Unfortunately, due to the professional constraints governing lawyers in North Carolina, we do not comment on pending litigation,” says Ted Edwards, principal at Banks Law firm.
Hernandez wants residents of Durham facing adverse housing conditions, or potential discrimination, to know that the city is prepared to investigate and encourages residents to voice their complaints..
“We don’t pick and choose cases. We’re complaint driven, and we’re going to investigate the complaints that come to us,” Hernandez says. “I want landlords to know, and I want the public to know, that the city is here for that protection.”
Read the complaints below: McDougald-Terrace-Complaint
JJ-Henderson-ComplaintComment on this story at backtalk@indyweek.com.
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