Brokers

Broker sued over refusal to rent Bronxville house for recovering addicts

A Tuckahoe real estate broker and agent are being sued for allegedly refusing to rent a Bronxville house to an organization that wants to help men recover from heroin addiction.

R.H. Massachusetts accused Re/Max Distinguished Homes & Properties and agent Francis G. Craven of violating state and federal civil rights laws, in a complaint filed Feb. 29 in Westchester Supreme Court.

“But for plaintiff notifying defendant of their intention to offer the leased property to disabled individuals,” the complaint states, “the property would have been made available.”

 

R.H. Massachusetts describes itself as a Massachusetts limited liability company that helps organizations find and negotiate corporate rentals. It says it was hired by a client, who it did not name, to find suitable housing for disabled men recovering from substance abuse disorders.

If successful, R.H. would be paid the equivalent of six months rent and at least $14,000 in fees.

The Massachusetts corporate database lists no such company as R.H. Massachusetts. But several real estate businesses and organizations, such as Vanderburgh House, have been registered at the same address R.H. uses in Worcester.

The entities are associated with Hunter Foote, whose LinkedIn profile lists him as executive director of Vanderburgh Sober Living, offering “structured sober living for men and women in recovery from addiction.”

R.H. says it saw a Re/Max internet advertisement for a rental house on California Road in Bronxville, according to the complaint.

The 4-bedroom, 3-bath, 2,788-square foot house was listed for rent at $9,500 a month in July, according to real estate websites, and reduced to $9,000 in September.

On Nov. 14, R.H. asked Craven about leasing the property, the complaint states, “for the purpose of providing housing to disabled persons.”

Craven allegedly confirmed that the house was available for a corporate lease.

From Dec. 8 to Dec. 15, Craven provided more details about the house and neighborhood, according to the complaint, and R.H. repeated that the property would be used by disabled individuals.

On Dec. 19, R.H. disclosed the specific intended use: group housing for men recovering from heroin addiction who are not active users.

The Dec. 19 message, as well as emails on Dec. 22 and Dec. 24, asked about “next steps” to lease the property.

A Dec. 27 reply allegedly stated, “my client is not interested in renting to the clients you proposed.”

R.H. claims that Re/Max and Craven discriminated against prospective tenants in violation of the New York Human Rights Law, federal Fair Housing Act, and federal Americans with Disabilities Act.

R.H. says it suffered financial losses from not being able to collect its fees, reputational damage that will cost future opportunities and profits, and emotional distress by staff and management “in dealing with such blatant discrimination.”

It is asking for unspecified damages for alleged financial losses, punitive damages to deter such discrimination, and an order compelling the defendants to cease discriminatory housing practices.

Re/Max and Craven did not reply to messages asking for their side of the story.

The Bronxville house was taken off the rental market on Dec. 5, and re-listed for sale on Feb. 26 at $1.3 million.

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