101.

Fair Housing—Sample Consent Order

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION UNITED STATES OF AMERICA, Plaintiff, v. CIVIL ACTION NO. C-1-93-775 Judge Weber E.A. ZICKA CO. and EDWIN A. ZICKA, Defendants. CONSENT ORDER The United States initiated this action on November 8, 1993, with the filing of a Complaint against E.A. Zicka Company and Edwin A. Zicka ("Defendants"), alleging violations of the Fair Housing Act (Title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988), 42 U.S.C. §§ 3601-19, by discriminating on the basis of familial status. The Complaint alleges that Defendants unlawfully discriminated against Teresa Nelson and her three minor children, Shuntia, Michelle and Antonio, by refusing to negotiate with Ms. Nelson for the rental of an apartment because of Ms. Nelson's familial status and by making statements indicating a preference, limitation, and discrimination on the basis of familial status. In order to avoid protracted and costly litigation, the parties have agreed that this controversy should be resolved without further litigation. Therefore, without a trial or adjudication on the merits, the parties have consented to the entry of this Order, as indicated by the signatures of counsel at the end of this document. INJUNCTION It is hereby ORDERED, ADJUDGED and DECREED that Defendants, their employees, agents, successors, and assigns, and all those acting in concert or participation with them are permanently enjoined from violating the amended Fair Housing Act in any aspect of the sale or leasing of apartments or houses. Defendants are further enjoined from enforcing any occupancy rule concerning the number of people who can occupy a unit located in Cincinnati and owned or managed by Defendants that is more restrictive than the current Cincinnati Basic Building Code, except in any housing that meets the criteria for housing for older persons, as defined at 42 U.S.C. �(b). For units owned or managed by Defendants located outside of Cincinnati, Defendants are enjoined from enforcing any occupancy rule concerning the number of people who can occupy a unit that does not permit the number of occupants allowed under the BOCA Code. Further, in determining the maximum number of persons permitted to reside in a unit owned or managed by Defendants, Defendants shall include as bedrooms all rooms reasonably used for sleeping purposes, including but not limited to dens. MONETARY RELIEF It is FURTHER ORDERED that within five (5) days of the execution of this Order by counsel for the parties, but not later than November 23, 1994, Defendants shall pay the sum of $10,000.00 to Teresa Nelson as full compensatory damages to Teresa Nelson, Shuntia Nelson, Michelle Nelson and Antonio Nelson arising out of this litigation. Defendants shall send a certified or cashier's check made out to Teresa Nelson in the amount of $10,000.00 to the United States by forwarding such check to: Chief, Housing and Civil Enforcement Section, U.S. Department of Justice, P.O. Box 65998, Washington, DC 20035-5998. Prior to the United States releasing such check to Teresa Nelson, the United States shall obtain and forward to Defendants an executed Release substantially similar to Appendix A signifying that the amounts received pursuant to this Consent Order constitute full settlement of any claims that Teresa Nelson, Shuntia Nelson, Michelle Nelson and Antonio Robinson may have related to the subject matter of this lawsuit. TRAINING AND CERTIFICATION It is FURTHER ORDERED that Defendants shall inform persons involved in the selling or leasing of any units owned or operated by Defendants (including any persons who subsequently become involved in the defendants' sale or leasing process) of the provisions of this Order, Defendants' nondiscrimination obligations under this Order, and the Fair Housing Act, as amended. Defendants shall, within ten (10) days of the date of entry of this Order, provide each such person with a copy of this Order and shall instruct each such person of his or her obligations under this Order. For all persons who subsequently become involved in defendants' sale or leasing process, such documents and instruction shall be provided no later than five (5) days after their involvement begins. Each Defendant and any persons currently involved in the sale or leasing of units owned or operated by defendants shall, within ninety (90) days of the date of entry of this Order, attend training regarding the requirements of the Fair Housing Act, as amended. Each person who subsequently becomes involved in the sale or leasing of units owned or operated by Defendants during the duration of this Order shall attend such training within thirty (30) days after their involvement begins. Such training shall be conducted by Housing Opportunities Made Equal of Cincinnati, Inc. and Defendants shall bear the cost of said training. Within ten (10) days after attending such training, each Defendant and each person required by this section to undergo training shall sign a certification, under penalty of perjury, stating that they have been instructed regarding the Fair Housing Act, as amended, and understand the requirements of the Act. ADVERTISING AND OUTREACH It is FURTHER ORDERED that Defendants shall apprise the public that all units owned or managed by Defendants are available on a non-discriminatory basis. This shall be accomplished by: Conducting all advertising for the sale or rental of such units in accordance with the provisions of the regulations promulgated by the Department of Housing and Urban Development at 24 C.F.R. Part 109. The fair housing logo and slogan shall appear in all advertising for residential rental property owned or managed by Defendants and on all brochures, handouts, stationery, forms, and other writings that are routinely used to communicate with tenants, prospective tenants, or applicants concerning any aspect of the sale or lease of units or are routinely provided by Defendants to the public. Such logo and slogan shall be prominently placed and legible; Including in any broadcast advertising a statement that Defendants adhere to the principle of equal housing opportunity and do not discriminate in the sale or leasing of units; and Posting in a prominent location on the grounds of any residential rental property owned or managed by Defendants a sign no smaller than 11 inches by 14 inches, which indicates that all units are available for lease or purchase on a nondiscriminatory basis (a poster which comports with HUD regulations set forth in 24 C.F.R. Part 110, a copy of which is appended to this Order as Appendix B, will satisfy this requirement). RECORD KEEPING It is FURTHER ORDERED that for a period of three years from the date of entry of this Consent Order and continuing for the duration of this Order, Defendants shall preserve all written applications received for rental of any units owned or managed by Defendants and all records that are the source of or contain any of the information pertinent to Defendants' obligations under this Consent Order. Further, for a period of three years from the date of entry of this Consent Order and continuing for the duration of this Order, Defendants shall create and/or maintain the following records: An Inquiry Log, which shall conform to Appendix C, that specifies the following information for each person who inquires about leasing or purchasing a unit at any residential property owned or managed by Defendants: date of inquiry, full name, current address and telephone number, action taken on inquiry (i.e., no vacancies, appointment made to show unit, application taken), and the dates of such actions; An Application Log, which shall conform to Appendix D, that specifies the following information for each person who submits an application to lease a unit at any residential property owned or managed by Defendants: full name, current address and telephone number, date of application, names and ages of all family members, description of dwelling desired, disposition of application (i.e., accepted, rejected, withdrawn, wait-listed), date of such disposition, and if rejected, reason for rejection; An Occupancy Listing, which shall list for each unit as of the close of the reporting period, the total number of occupants in each household that occupied the unit during the reporting period, the number of such occupants in each household under the age of 18, and the move-in and/or move-out date of the occupants; Representative samples of all advertising used to promote dwellings owned or managed by Defendants, including the date and medium of communication in which such advertising was published or broadcast; Defendants are not required under this Order to utilize a waiting-list procedure for applicants seeking units. However, if a waiting list is utilized at any time, full and complete records of all such lists and any use made of them shall be maintained; and All other records or documents pertaining to the sale or leasing of units including, but not limited to, all submitted application forms (whether accepted or rejected), waiting lists, correspondence, results of credit or other reference checks, or notes. INSPECTION OF RECORDS It is FURTHER ORDERED that the United States shall have the right to inspect and have Defendants copy any of the records described in Section V, above, as well as any other documents relevant to Defendants' compliance with this Consent Order, upon providing reasonable notice to Defendants. The United States shall attempt to minimize any inconvenience to Defendants during the inspection and copying of such records. REPORTING REQUIREMENTS It is FURTHER ORDERED that within ninety (90) days of the date of entry of this Order, Defendants shall provide to the United States a Certification of Training for each Defendant and for each person who subsequently becomes involved in the sale or leasing of units owned or managed by Defendants, as described in Section III, supra; and a listing of the number of occupants in each unit and the number of such occupants under the age of eighteen as of the date of the Court's entry of this Consent Order. Further, every six months (commencing with the period beginning on the first day of the first full month after the date of entry of this Order) Defendants shall, no later than ten (10) days after the close of each period, provide to the United States a copy of the Inquiry Log, Application Log, and Occupancy List that has been maintained during that period, as well as representative samples of all advertising during that period, pursuant to Section V, supra. The documents required to be provided by Defendants to the United States under this section shall be sent to: Chief, Housing and Civil Enforcement Section, U.S. Department of Justice, P.O. Box 65998, Washington, D.C. 20035-5998. DURATION OF ORDER It is FURTHER ORDERED that the duration of Defendants' obligations under Sections III, IV, V, VI, and VII, supra, shall be for a period of three (3) years from the date of entry of this Order. DISMISSAL This case shall be dismissed forthwith, without prejudice to the rights of any party to bring this matter before the Court for enforcement of the provisions herein. The parties to this Order shall endeavor to resolve informally any differences that arise regarding interpretation of and compliance with the Order prior to bringing such matters to the Court for resolution. Attempts at informal resolution shall include, but not be limited to, non-binding mediation only upon the consent of all parties to this Order. It is so ORDERED, ADJUDGED, and DECREED this _____ day of _____________, 1994. ____________________________ UNITED STATES DISTRICT JUDGE Agreed to by the parties as indicated by the signatures of counsel below. For Defendants: For Plaintiffs: __________________________ John G. Cobey ___________________________ Cheryl L. Ziegler __________________________ Thomas R. Smith __________________________ Donetta D. Wiethe Attorneys for Defendants E.A. Zicka Company and Edwin A. Zicka Attorneys for Plaintiff United States of America Copies to be sent to: John G. Cobey, Esquire Cohen, Todd, Kite & Stanford 525 Vine Street Cincinnati, OH 45202 Thomas R. Smith, Esquire Bunke, Henkel, Haverkamp, Smith & Riehl 5856 Glenway Avenue Cincinnati, OH 45238 Cheryl L. Ziegler, Esquire U.S. Department of Justice Housing & Civil Enforcement Section P.O. Box 65998 Washington, DC 20035 Donetta D. Wiethe, Esquire U.S. Attorney's Office 220 U.S. Courthouse Building Cincinnati, OH 45202 [cited in USAM 8-2.230; Civil Rights Resource Manual 60]