A lawsuit that accused a landlord of violating the federal Fair Housing Act recent settled for more than $200,000.  The suit itself was filed by a now deceased tenant, Carolyn McGuffin, back in April 2016 against “landlord Carolyn Smitley and the Smitley Family Trust alleging they discriminated against McGuffin because she was sick.” The settlement was reached earlier this month when a federal judge ruled in McGuffin's favor, awarding her $219,747.75.Unfortunately, McGuffin died of natural causes on August 4, 2016, so she won't be able to enjoy the settlement funds. But what happened? How was she discriminated against, exactly? For starters, the lawsuit argued that McGuffin was “recovering from flesh wasting bacteria while living in her apartment.” While attempting to recover and rest, the “Ms. Smitley repeatedly entered Ms. McGuffin’s apartment without notice or permission for the sole purpose of demanding that Ms. McGuffin vacate her home,” according to Indiana Disability Rights, the group that represented McGuffin in the suit. The suit added, “Ms. Smitley made explicit discriminatory statements to Ms. McGuffin, such as, 'I don’t want you living here in a hospital bed.'” She also allegedly told McGuffin that she “should be in a nursing home and was too sick to live in the apartment.”

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McGuffin had no intention of leaving her home, though, and continued to pay her rent as usual. However, in September 2015, “Ms. Smitley refused to accept McGuffin’s rent and then filed an eviction action against Ms. McGuffin.”The allegations against the landlord also drew the attention of the Fair Housing Center of Central Indiana (FHCCI). As a result, the agency launched its own investigation and eventually found an 'Adults Only' sign “on the exterior of the building, indicating that families with children were not welcome which discriminates on the basis of familial status under the Fair Housing Act.”In the end, the federal judge working on McGuffin's case found “the landlord consciously and intentionally discriminated against her, or at least, acted with reckless disregard of the tenant's rights.” When commenting on the judge's decision, Amy Nelson, the Executive Director of the FHCCI said:“I desperately wish Ms. McGuffin was alive today to know that she won in this difficult fight for her fair housing rights. Having worked with her for several months, I know the stress she endured due to these discriminatory acts that further emphasized the problem for so many in our community in finding safe, affordable, accessible housing free from unlawful discrimination.”Dawn Adams, the Executive Director of Indiana Disability Rights also chimed in saying:“I am extremely pleased that Judge Lawrence not only recognized the damage caused by Ms. Smitley’s actions but also chose to award punitive damages in this case. This landlord preyed upon our client through her intimidation and bullying tactics. Ms. McGuffin was in dire fear of being thrown out on the streets, a stressful situation for anyone let alone for someone with serious health concerns. We are grateful to have partnered with FHCCI on this issue so that we could work together for justice.”Smitley and her attorney have yet to return requests for comment regarding the settlement.

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Tenant wins $200K fair housing lawsuit against landlord accused of discriminationLandlord ordered to pay damages for housing discrimination