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A Somerset County apartment complex has paid $30,000 to the Fair Housing Council of Northern Jersey to settle charges the complex engaged in racial and other types of unlawful discrimination while dealing with testers it believed were prospective tenants, the state Division on Civil rights announced Thursday.

In addition to its payment, the Hillsborough apartment complex Kimberwyck Village and its owners, Kimberwyck Village Associates, have agreed to provide the Fair Housing Council a monthly list of rental vacancies for the next year, and will host a fair housing training session for employees to be conducted by the Division on Civil Rights.

"This settlement is important because it requires accountability on the part of Kimberwyck concerning its rental vacancies,'' said Civil Rights Director Chinh Q. Le. "The agreement also calls for Kimberwyck employees to undergo training that, hopefully, will ensure a commitment to fair housing practices."

The Fair Housing Council sent a total of nine testers into Kimberwyck Village in 2007 and 2008. A subsequent complaint filed with the division in October 2008 charged that Kimberwyck employees showed an obvious preference toward white testers they believed were prospective tenants. Specifically, the complaint charged, Kimberwyck staffers showed white testers cleaner, more ready-for-occupancy dwellings, presented the complex's rental terms and income requirements in the most attractive light, and in one case offered to "hold" a rental unit for a white tester.

Meanwhile, the complaint charged, Kimberwyck employees showed African-American testers less clean and well-maintained rental units, neglected to mention certain favorable rental terms that had been mentioned to white testers and did not offers to hold rental units for them.

In addition, the complaint alleged that Kimberwyck employees made disparaging remarks to testers about other minorities, including Mexicans and Indians. Specifically, one Kimberwyck employee remarked about the financial unreliability of Mexican rental applicants, and used a slur to refer to Indian tenants.

In addition to charging race-based and national-origin-based discrimination, the Fair Housing Council complaint also charged Kimberwyck with unlawfully discriminating against families. For example, testers who inquired about rental options for families with children were told that tenants with children must rent two-bedroom apartments because children were prohibited from living in one-bedroom apartments or in upstairs units.

Under the settlement agreement, there is no acknowledgment of wrongdoing by Kimberwyck or Kimberwyck Associates.

Kimberwyck has agreed to publish and disseminate a company-wide non-discrimination policy using language provided by the Fair Housing Council. Kimberwyck has also agreed to display non-discrimination posters provided by the Division on Civil Rights on all of its rental properties, and has agreed to include the following message in all of its advertising of vacancies: "This property is rented without regard to race, national origin or familial status and is in compliance with all fair housing laws."

Le said the null and advertising provisions are an important aspect of the settlement agreement, and reflect the division's commitment to fighting housing discrimination on all fronts.

"Finding quality housing -- housing that meets one's needs and is also affordable, clean and safe -- is challenge enough without the added burden of discrimination," Le said. "Throughout the state landlords, apartment managers and the owners of housing complexes must understand -- we are serious about preventing discrimination, and we will take action against any housing providers we find engaging in such conduct."

Investigator Susan Paletta and Supervisor Elizabeth Russian of the division's Housing Investigations Unit handled the matter on behalf of the state.

— TOM HESTER SR., NEWJERSEYNEWSROOM.COM