A black public housing tenant and her family have filed a lawsuit against the Auburn Housing Authority (AHA) and two employees for allegedly refusing to respond to infrastructure damage in her apartment and making racist comments last year.
The plaintiffs in the lawsuit, Dominique Deschaine, Justin Deschaine, and their four minor children are residents at 702 Broadview Ave. in Auburn, a residential apartment unit owned by the City of Auburn and managed by the AHA.
The two AHA employees named as defendants in the complaint are AHA assistant property manager Leah Landry, and AHA maintenance mechanic Daniel Jordan.
The Maine Human Rights Commission (MHRC) granted the plaintiffs the right to file a civil action against AHA in May of this year after Deschaine filed a complaint of discrimination in housing with the MHRC.
According to the complaint, in April 2022 Dominique Deschaine noticed several plumbing and infrastructure problems in her apartment, including leaking pipes, damage to floors, mold and mildew, poor air quality, and strong odors.
Deschaine contacted AHA over 20 times between April and June 2022 to report unsafe dwelling conditions, including water damage and mold — which AHA ignored, the complaint states.
In June 2022, in response to Deschaine’s reports, defendant and AHA property manager Leah Landry allegedly told Deschaine “you should stay calm because people like you get angry and then you look like you’re the problem [emphasis original].”
It was only until the water damage and mold spread to other apartments occupied by white tenants, and one of Deschaine’s white neighbors contacted the AHA that maintenance technicians responded, the complaint alleges.
When AHA maintenance technicians — one of whom was defendant Daniel Jordan — came to the Deschaine apartment, their inspection allegedly revealed serious water damage and mold.
In response to Deschaine repeating her concerns about the “seriousness of the water and mold problems” and AHA’s failure to address those problems, Jordan allegedly told Deschaine to “shut up,” and asked her “why don’t you just move?” if she was “unhappy and didn’t like the living conditions in her apartment.”
The complaint further alleges that when he returned to his truck Jordan said to Deschaine “SHUT THE F**CK UP, YOU BLACK B****[emphasis original].”
Deschaine’s neighbor allegedly confirmed that she heard Jordan making the racist comment.
Following the inspection, in July 2022 the Deschaine family were moved to a hotel.
The complaint states that “as a result of the displacement and unsafe living conditions,” three of their children experienced adverse health consequences, including problems breathing, frequent illness, and infections.
According to Deschaine’s lawsuit, the AHA has alleged since July 20, 2022 “without basis” that the Deschaine family was in violation of AHA’s policies and procedures, including provisions of their lease agreement and income verification requirements.
Additionally, AHA has allegedly refused to reimburse the Deschaine family for their personal property damages or health care costs related to the property damage and their displacement.
The AHA and the two employees face eleven counts, including Race Discrimination in Housing, Prohibition Against Retaliation and Interference, Violation of Equal Protection Rights, Breach of Contract, and Negligence.
The Deschaine family seeks compensatory and punitive damages against the AHA and the two employee defendants, and are demanding a jury trial.
The Deschaine family’s full complaint against the AHA and the two employees can be read below:
Living in a subsidized housing unit, complaining about it and then suing for racial discrimination. Seems to be a pattern.