A Springfield Township woman filed documents in court Tuesday claiming her landlord texted her: "I told you I want you gone I will not rent to African Americans again" and that he would "rather put a white family in the unit."
Sergey Briskman and Briskman Real Estate began the eviction process against Dermisha Pickett in January.
Pickett's lawyer, Fanon Rucker, said he needed to make some fixes to the property on Daly Road after an inspection. Pickett has a Section 8 voucher and the Cincinnati Metropolitan Housing Authority inspects all properties renting to those with vouchers.
Rucker shared screenshots of a series of text messages he said are between Pickett, who is also disabled, and Briskman.
'Most outrageous, egregious and clearly racist and illegal declaration ever seen in this court.'
"The inspection will fail because I'm not fixing anything or doing anything until you are gone," the text message said. "I will not rent to African Americans again."
Pickett was struggling to find a new place to live with her voucher, Rucker said, and she told this to Briskman.
Another text said: "It's nothing against you I (would) just rather put a white family in this unit ... You did nothing wrong I just don't want a family of color here maybe you could try to go to a shelter."
Rucker also shared a text message, which he said was left for Pickett from Briskman.
"I want my keys. I want you out of the unit," the message said. "I'm trying to sell the house, and I really don't want any African Americans in the house."
Rucker said in the court filing that this case could be the "most outrageous, egregious and clearly racist and illegal declaration ever seen in this court."
Dermisha Pickett has lived at property since 2014 and never missed a rent payment
He said the eviction is based "solely" on race which is a violation of both state and federal law. Pickett has lived at the property continuously since 2014 and had never had problems until the previous owner lost the property to foreclosure and Briskman bought it in 2020, Rucker said.
Pickett has never missed a rent payment, he said.
Pickett and Rucker filed their counterclaim to the eviction in Hamilton County Municipal Court this week. A hearing is scheduled for Friday in the eviction, but Rucker has asked the case be moved to Common Pleas Court.
The counterclaim accuses Briskman of discrimination, violating the Federal Housing Act and the intentional infliction of emotional distress. The claim asks the court to deny the eviction, order Briskman to enter a lease with Pickett and for at least $50,000 in compensatory and punitive damages.
Rucker said his client has been trying to move for months to avoid conflict. Just this week, she found another place to live and has begun moving, but Rucker said he wanted to leave as many options open for her as he could.
The Enquirer attempted to reach both Briskman and two lawyers listed on court documents as his representation. As of Thursday, none of them had responded to voicemails or emails left Wednesday.
Rucker told The Enquirer that in America people have the right to think whatever they want about those of different races, but when it comes to renting, "what we can't do by law is act on those hostile racist thoughts."
Rucker said Briskman has told others this week that someone was impersonating him, but he called that "asinine."
"I've been doing this for about 25 or 26 years," Rucker said. "I can't recall any time in any case I've dealt with where the evidence of discrimination is more glaring."
Because a counterclaim was filed, Briskman's eviction action was transferred to the Hamilton County Court of Common Pleas.
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