SHERMAN-After Hurricane Katrina, Gayl Payton found it necessary to relocate to Dallas. She claims that due to the emergency she was placed on a third floor apartment with the agreement that she would get a first floor apartment as soon as one became available.
Payton alleges she saw new tenants moving into apartments on the first floor, although she was not offered one or told one was available.
In January 2008, Payton added her mother to the lease, and again requested a first floor apartment to help accommodate her mother's respiratory problems.
The apartment complex, however, did not comply with her request.
Three months later Payton's mother died.
Payton filed suit against Nantucket Landing Richmark Properties on March 29, in the Sherman division of the Eastern District of Texas.
Prior to filing the lawsuit, Payton filed a complaint of housing discrimination under the Fair Housing Act with the Department of Housing and Urban Development. The department referred her complaint to the city of Dallas Fair Housing Office.
Payton is asking the court to make sure this type of action would not happen again. Acting as her own attorney, she is asking for a monetary award for her inconvenience.
U.S. District Judge Michael H. Schneider is assigned to the litigation.
Case No 4:10cv00143