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Saturday, February 21, 2004

Williamsburg's Daily Press

Woman files lawsuit; was denied housing
Apartment owner wouldn't allow children


By Patti Rosenberg
Daily Press

Published February 21, 2004

WILLIAMSBURG -- A James City County couple has violated the Virginia Fair Housing Law by refusing to rent an apartment to a woman because she had a child, according to the Attorney General's Office, which filed a lawsuit Thursday.

The lawsuit was brought on behalf of Lenora Jones-Elliott, a prospective tenant at Bazzle's Apartments in the 100 block of Country Club Drive, off Longhill Road.

Ernest Bazzle, the president of the company that owns the building, and his wife, Lillian, the company's secretary, are named as defendants.

"I feel my rights have been damaged," Mrs. Bazzle said about the lawsuit. She also emphasized that "I don't want anything in the paper" and declined further comment.

After seeing an ad for a vacant two-bedroom apartment on March 12, 2002, Jones-Elliott called and spoke to Mrs. Bazzle, who asked if anyone else would be living there, the lawsuit says.

Told that Jones-Elliott had a 5-year-old daughter, Mrs. Bazzle responded that she had a long-time resident who was a teacher, had to be up at 5 a.m. and wouldn't appreciate being "disturbed by a child running up and down the stairs," the lawsuit says.

According to the lawsuit, Jones-Elliott then asked a co-worker to call and see what happened when she pretended to be interested in an apartment. Mrs. Bazzle asked the second woman if she was single and "volunteered that she did not rent to people with children or pets."

Housing Opportunities Made Equal, a nonprofit housing advocacy organization, conducted a telephone test 10 days later, the lawsuit says. A caller "initially received a cordial response" from Mrs. Bazzle. But Mrs. Bazzle's "tone became less cordial, however, when the tester mentioned that her two grandchildren would be spending the summer with her."

Mrs. Bazzle explained that she'd "had a bad experience with a noisy little boy who ran up and down the stairs" and that she "did not want the responsibility of restraining her large dog who might pose a danger to the tester's grandchildren," the lawsuit says. The tester asked to see the apartment, but Mrs. Bazzle said it would not be available to her.

An investigation revealed that no one with children under 18 has lived in the apartments in more than five years, the lawsuit says.

The suit seeks $7,060 for Jones-Elliott, an amount that represents the difference in rent, utilities, transportation and childcare for where she lives now compared to what it would have cost her if she'd been able to rent an apartment from the Bazzles.

The lawsuit also asks for $50,000 in punitive damages and the award of attorneys' fees and costs.

Patti Rosenberg can be reached at 223-5686 or by e-mail at prosenberg@dailypress.com

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