A company looking for “recovery housing” for disabled individuals says a potential lease in Mount Vernon vanished when it revealed that the house would be used by former heroin addicts.
Anthony and Muthogi LLC accused Besmatch Real Estate and an agent of violating the New York Human Rights Law and the federal Fair Housing Act, in a complaint filed on July 28 in Westchester Supreme Court.
The complaint is the second instance in five months where an entity associated with the Vanderburgh Foundation, of Webster, Massachusetts, has sued an area real estate broker for not leasing housing for recovering heroin addicts. A March lawsuit that is pending concerned a property in Bronxville.
Vanderburgh operates “congregate living environments for disabled individuals,” according to the complaint. Anthony and Muthogi LLC operates more than 25 homes throughout the United States.
Last December, Vanderburgh hired Anthony and Muthogi LLC to search for new housing and sublease the housing to the foundation. The foundation agreed to pay Anthony and Muthogi a $9,500 placement fee and then $3,000 a month while the property was leased.
Last November, Anthony and Muthogi began discussing a property on 3rd Avenue in Moutn Vernon, with Besmatch Real Estate, of the Bronx.
Initially, Anthony and Muthogi advised the realtor that the property would be used by disabled individuals.
Discussions “appeared to lead towards an application, showing, and eventual lease,” the complaint states. But two days after the realtor was told that the house would be used by men recovering from heroin addiction, the agent replied that the landlord was no longer interested. Then all communications ceased.
Anthony and Muthogi contends that the realtor’s conduct amounts to discriminatory rental housing practices that caused it to lose placement fees from Vandenburgh Foundation.
It is demanding unspecified compensatory and punitive damages and a court order compelling the realtor to cease discriminatory practices.
Besmatch Real Estate and the agent involved in the discussions did not reply to messages asking for their side of the story.
Anthony and Muthogi also claims that the refusal to lease the property harmed the Vanderburgh Foundation, who is free to bring a case against the realtor.
The complaint does not describe the relationship between Anthony and Muthogi and the Vanderburgh Foundation, other than as the provider and the client in the search for housing.
Anthony and Muthogi identifies its principal place of business as an address in Albuquerque, New Mexico that is home to a law firm. It says it does business as R.H. Massachusetts, the entity that sued another realtor over a Bronxville property.
MarcAnthony Salce signed the engagement agreement with the Vanderburgh Foundation. According to his LinkedIn profile, he is the initiative program director for the foundation.
Emails with Besmatch Real Estate, concerning the Mount Vernon property, were signed by Cynthiah Muthogi for R.H. Massachusetts. Her LinkedIn profile shows her as marketing manager for Vanderburgh House Sober Living during the period that she was representing Anthony and Muthogi.
