NORWAY – The owner and manager of an apartment complex in Andover have been accused of violating the Maine Human Rights Act by making unlawful statements about an applicant’s family status.
Lisa Wood of Rumford filed a complaint with the Maine Human Rights Commission in August, claiming that Elderwood Manor discriminated against her by refusing to rent to her because she has a 12-year-old daughter. Wood is disabled.
According to an investigator’s report, Arthur Myshrall, who owns Elderwood Manor, and Leatrice Myshrall, who manages the complex, said they denied Wood’s application because she smokes.
Elderwood Manor is a subsidized, 12-unit apartment complex that rented to elderly and disabled tenants. Approximately two years ago, the complex was instructed to rent to any income-qualified applicant, regardless of whether the applicant were elderly or disabled.
Elderwood Manor adopted a no-smoking policy in April. The ad for the available unit that Wood applied for states that the unit is for nonsmokers, although Wood may not have seen the ad since she was referred to Elderwood Manor by a community agency, according to the investigator’s report.
Wood accuses Leatrice Myshrall of discouraging her from applying because of her daughter. According to Wood, Myshrall told her that she was concerned that a child might knock over an elderly person and that she did not think that children and the elderly mix well together.
Wood said Myshrall also told her that it would all right for Wood to smoke outside the unit. Wood filled out an application in late July; she said that when she called about her application in August, Myshrall told her she was denied because she smokes.
Contacted at home on Tuesday, Wood said she and Myshrall discussed the smoking issue before Wood completed the application. “If that was a big issue, I wouldn’t have even bothered applying. She just told me that I could not smoke in the unit and that I could stand outside the unit and smoke,” she said.
“She was worried about my daughter maybe being active as a child on those grounds and maybe hurting an elderly person,” Wood said.
Arthur Myshrall, contacted at Elderwood Manor, declined to comment.
According to the report, Leatrice Myshrall said she told Wood she could not rent to her because it has been a nonsmoking complex since April. “I did not directly tell her she could move in if she smoked outside,” Myshrall said, according to the report.
Myshrall states that she and Wood discussed Wood’s daughter. “I explained we had a 12-year-old in years back and she was very bored living at Elderwood, no bikes on the walkways, etc., due to the old people out walking, as years ago, one child (not in the project) came in and nearly knocked down an old lady, and that is why we have set that precedent of no bikes on walkways, etc. No things for young people to do.”
Barbara Lelli, an investigator who handled the case, said those statements by Myshrall “expressed a preference, limitation and discrimination against renting to Ms. Wood because of her familial status.”
“There are reasonable grounds to believe that the respondents discriminated against the complainant by making unlawful statements on the basis of familial status,” Lelli wrote.
Lelli said, “Ms. Myshrall ultimately decided to stick with her (no smoking) policy and there is no evidence that the respondents have rented to a person who smokes, but does not have children, since the policy was adopted.”
The case is scheduled for oral arguments and a vote before the Maine Human Rights Commission on Oct. 31.
In a separate case, investigator Brenda E. Haskell has recommended dismissal of a complaint of discrimination filed in March 2004 by Michael Dorf of Oxford against Solon Manufacturing Co. of Skowhegan.
Dorf alleged he was terminated from employment with the company last December because of his whistle-blower activity. The company said Dorf was terminated as a result of a conflict of interest that was created as Dorf was attempting to purchase the company while he was still working there.
Haskell said there are no reasonable grounds to believe that Dorf was discriminated against by officials at Solon Manufacturing.
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