HUD filed the discrimination charges against Thomas Nail of Starke, Florida under the federal Fair Housing Act. Nail rented out a house near his home to complainant Carole Hernandez. Nail and Hernandez are white. Hernandez’s companion who often visited - Gilbert Wright – is black. He also filed a complaint.

It is the first time HUD has brought charges under the Fair Housing Act on behalf of a visitor, rather than just a tenant or homebuyer.

"As this case demonstrates, discrimination is alive and all too well in 21st century America," Cuomo said. "The Fair Housing Act protects the right of any American to live in any home and in any neighborhood that they can afford. This Department will continue to aggressively pursue those who ignore the law and abrogate that right."

Ms. Hernandez said: "I’m relieved that HUD listened to me and that my case is not being ignored. Unfortunately, discrimination like this is more common than people think."

Mr. Wright said: "I couldn’t believe the things I had to go through just to be with her."

Hernandez rented the two-bedroom single-family house at 3966 Civic Lane in Starke in August of 1997 on a month-to-month basis. She said in her complaint that at first Nail was very cordial, but shortly after moving in she noticed that Nail frequently used racial slurs.

On one occasion in December 1997, Hernandez alleged that landlord Nail suddenly entered her home without authorization and asked specific questions about items in her daughter’s bedroom. She said this made her worry that he had possibly entered into her house when she wasn’t home and she feared for her safety. Once, after Wright had visited, Nail allegedly used a racial slur to refer to her relationship with Wright. Hernandez said she began to fear Nail might ask her to move.

Because of Nail’s statements and actions, Hernandez and Wright said that they began to meet secretly and at odd hours so as to avoid contact with Nail. Wright said he even hid in the closet whenever Nail came around, making him feel embarrassed, harassed and intimidated.

Three months after she had moved in, Nail raised her rent from $250 to $300 without reason, but Hernandez said she decided to stay because it was so close to her job. However, by April 1998 Hernandez said she felt so upset about Nail’s continued racial slurs that she decided to move out.

The Fair Housing Act bars housing discrimination on the basis of race, color, religion, sex, disability, family status and national origin. The Act covers the sale, rental, financing and advertising of almost all housing in the nation. Fair housing investigations are conducted by HUD investigators, state and city agencies working with HUD, and private fair housing groups that receive HUD funds.

Hernandez and Wright filed fair housing complaints with HUD in October 1998. In Wright’s case, this is the first time HUD has issued a charge on behalf of a visitor to a dwelling covered under the law. A ruling this year in the U.S. District Court for the Eastern District of Pennsylvania opined that a visitor may be an "aggrieved person" under the statute, with standing to sue for damages suffered in connection with a discriminatory housing practice.

After investigating, HUD issued charges of discrimination in April. Hernandez and Wright have chosen to have their cases heard in federal court rather than by a HUD Administrative Law Judge and the case is now being handled by the Justice Department.