The owner of a 24-unit apartment property in Holyoke has been charged with with housing discrimination by the U.S. Department of Housing and Urban Development (HUD) for allegedly denying units to families with children.

HUD’s charge alleges that Nilma Fichera, who owns and manages New York-based N.A.G. Realty LLC, violated the Fair Housing Act when she refused to show or rent apartments to families with children because she could not certify the property was free of lead-based paint.

In a statement, HUD said its guidance on the investigation of Fair Housing Act and its lead regulations make clear that while property owners may tell families about units that have not been remediated for lead paint, the presence of lead-based paint alone cannot be used as a reason to refuse to rent.

According to HUD’s charge, Fichera posted an ad on Craigslist for a three-bedroom apartment. In response, the Housing Discrimination Project, a non-profit organization in Holyoke that promotes fair housing, arranged for testers to call the number listed in the ad. In a phone conversation with one tester who said she had five-year-old and six-year-old children, Fichera allegedly said, "This apartment does not have a lead certificate and the law says I can’t rent to anyone with children under five."

HUD further claims Fichera refused to show a unit to another tester with a two-year-old son, also because the unit did not have a lead certificate.

"Laws to make apartment buildings lead free should not be used as an excuse to make them child-free," HUD Assistant Secretary for Fair Housing and Equal Opportunity John Trasviña said in a statement. "HUD will continue to enforce the law to ensure that landlords uphold fair housing principles."

HUD’s charge will be heard by a United States Administrative Law Judge, unless any party to the charge elects to have the case heard in federal district court. If an administrative law judge finds that discrimination has occurred, damages may be awarded to aggrieved persons. The judge may also order injunctive relief and other equitable relief to deter further discrimination, as well as payment of attorney fees.
In addition, the judge may impose fines in order to vindicate the public interest. If the matter is decided in federal court, the judge may also award punitive damages to aggrieved persons, according to a statement.