111.

Sample Fair Housing Interrogatories

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO EASTERN DIVISION UNITED STATES OF AMERICA, CIVIL CASE NO. 5:93CV2636 Plaintiff, JUDGE WHITE v. ELDON WEST and THEADORA WEST, Defendants. PLAINTIFF'S FIRST SET OF INTERROGATORIES TO DEFENDANT ELDON WEST Pursuant to Rule 33 of the Federal Rules of Civil Procedure, the United States requests that Defendant Eldon West answer the following interrogatories within 30 days after service. These interrogatories seek information available to the above-named defendant, and/or his employees and agents, with respect to the subject matter of this action. DEFINITIONS For purposes of this set of interrogatories, the following definitions apply: "Defendant" or "Defendants" refers to the defendants named in this lawsuit, as well as any other person or entity in their agency or employ. "Identify," "identification," or "identity" means: when used in reference to a natural person, the person's full name, date of birth, social security number, job title, dates of agency or employment (if applicable), the person's current residence address and business address or, if unknown, the last known business address or residence address; and the person's business and home telephone numbers; when used in reference to a document, the type of document (i.e., letter, memorandum, telegram, chart, etc.), a brief description of the nature of the information in the document, its author or originator, its date or dates, all addressees and recipients, and its present location or custodian. If any such document was, but is no longer, in Defendants' possession or subject to their control, also state the approximate date it was lost, discarded, or destroyed, and the identity of each person having knowledge of the contents thereof; when used in reference to a business entity, the structure of the business (i.e., corporation, partnership, sole proprietorship), a brief description of the nature of the business, and the business' address and telephone number; and when used in reference to real property, the full address, the legal description of the property, the type of structure(e.g., commercial, single family, residential, apartments) and the number of units. "Documents" includes records; books; papers; contracts; memoranda; invoices; correspondence; notes; minutes of any meetings, including meetings with agents or employees; instructions; guides; compilations of rules, regulations, or policies; daybooks; calendars; photographs; telegrams; messages; drawings; charts; graphs; other writings; recording tapes; recording discs; mechanical or electronic information storage or recording elements; and any other "documents" as that word is defined in Rule 34 of the Federal Rules of Civil Procedure. "Relate" or "relating to" is defined as showing, reflecting, referring to, constituting, evidencing, or concerning in any way all or any portion of the subject matter of the facts, contentions, or matter referenced in the interrogatory. "Person" means any natural person, group of natural persons, corporation, partnership, government agency or board, association, proprietorship, organization, or any other legal entity. "Fair Housing Act of 1968" refers to Title VIII of the Civil Rights Act, 42 U.S.C. §§ 3601-19. "Fair Housing Amendments Act of 1988" refers to Title VIII of the Civil Rights Act, 42 U.S.C. §§ 3601-19, as amended by Public Law 100-430. "Subject property" refers to the apartment building located at 14720 St. Rt. #44 in New Baltimore, Ohio, that is the subject of this lawsuit. INSTRUCTIONS If an objection to an interrogatory or any part thereof is based upon a claim of privilege or attorney work product, identify in writing each document so withheld. For each such document or portion of a document, provide a brief description of the document and state with particularity the basis of the claim of privilege, work product, or other ground of nondisclosure. In the event an objection is made to only part of an interrogatory, furnish the information requested by the interrogatory that is not included within the partial objection. If a request is made for the identification of documents that are no longer in any defendant's possession or subject to any defendant's control, state the type of document, its date, the approximate date it was lost, discarded, or destroyed, and the identity of each person having knowledge of the contents thereof. INTERROGATORIES Identify all residential real property, including the subject property, owned or managed by any Defendant since January 1, 1991, and describe the relationship of each defendant to each piece of property so identified. Identify all documents supporting your answer to this interrogatory. List the name, title, and address of each owner of the subject property from January 1, 1991, to the present. For each, state the date that each owner became an owner of the property and specify the percentage of ownership interest in the property. State the name, address, telephone number(s), and social security number for each person employed by any defendant in connection with the operation of the subject property, the dates of employment for each such person, and the job title or description for each such person. This interrogatory encompasses both current and former employees since January 1, 1989. For each former employee, state the reason each person left the defendants' employ. Identify all residents of the subject property from January 1, 1989, to the present, stating the unit number in which that resident resided, the size of the unit (e.g., efficiency, one-bedroom, two-bedroom, etc.), and the dates of occupancy. Identify all handicapped persons that have ever inquired about renting an apartment from either defendant. For each such person, describe the person's handicap and state whether or not that person in fact rented an apartment. If the person did not rent the apartment, state the reason that the person did not rent the apartment. Describe in detail, step by step, the procedures that have been routinely followed by the defendants in making decisions regarding the subject property, such as tenant selection, actions on tenant requests, and maintenance and repairs. State whether the defendants or any employees of the defendants have ever received training or instructions on the requirements of the Fair Housing Act of 1968 and/or the Fair Housing Amendments Act of 1988 ("the Acts"). If instructions have been given, state whether they were given orally or in writing. If oral instructions were given, identify each person who gave such instructions, the date each instruction was given, the content of each instruction, and the persons receiving each instruction. If instructions were given in writing, identify all documents relating to such instructions and identify the person(s) who has custody thereof. Identify all persons having knowledge of the attempt by Kenneth Lute to rent an apartment from the defendants. For each person identified in response to this interrogatory, include a brief summary of that person's knowledge of the events relating to Mr. Lute's attempt to rent an apartment from the defendants and the defendants' refusal to rent an apartment to him. Describe how the decision to rent the apartment to the Deckers and not to Mr. Lute and his father was made, who made that decision, and the reasons for that decision. Identify all documents supporting that decision. List every reason for the defendants' decision not to rent an apartment at the subject property to Kenneth Lute. Identify all documents that support those reasons. List all facts that you contend refute the United States' allegations in its Complaint in this case. Identify all documents that support those contentions. Describe every time that either defendant, in the process of renting an apartment or dwelling, has gone to a prospective tenant's home or place of employment to pick up a security deposit. Include in your answer the identity of the prospective tenant and the date that the security deposit was picked up. For each property listed in response to Interrogatory No. 1, state the number of individual dwelling units located at each property, the size of each unit (e.g., efficiency, one-bedroom, two-bedroom, etc.), the dates that any such units were available from January 1, 1992 through March of 1992, and the names of each occupant in each unit. Identify and describe the source, amount, and kind of each type of income you received during calendar years 1989, 1990, 1991, 1992, and 1993. State the address of each piece of real property in which you currently have an ownership interest, the nature and percentage of that interest, the appraised value of the property, and the present value of your equity interest in the property. List all assets not identified in response to Interrogatories Nos. 14 and 15 and the value of each. State your net worth for each year since 1989, including your current net worth. State whether any defendant has ever been the subject of a housing discrimination complaint filed in any federal, state, or local, court or administrative agency. If so, provide all details, including court or agency, date of complaint, name and address of complainant, substance of complaint, identity of persons alleged to have been discriminated against, description of resolution, if any, and identification of any documents related to such complaints. Identify each person that the defendants expect to call as a witness in this case and provide a summary of facts and information to which each witness will testify. Identify each person that the defendants expect to call as an expert witness at the trial of this action. For each such witness, state the subject matter on which the expert is expected to testify, the substance of the facts and opinions to which the expert is expected to testify, and a summary of the grounds for each opinion. Identify each document that the defendants intend to introduce as an exhibit at the trial of this action. Identify all litigation in which you contend Kenneth Lute has been involved. For each piece of litigation, identify the parties, the court, the case caption, the basis of the lawsuit, the year the case was originally filed, the attorneys involved, and what you contend was Mr. Lute's involvement in the litigation. __________________________ Marcia W. Johnson Assistant United States Attorney 1800 Bank One Center 600 Superior Avenue, East Cleveland, Ohio 44114-2600 (216) 622-3670 Brian F. Heffernan Cheryl L. Ziegler Attorneys Housing and Civil Enforcement Section U.S. Department of Justice Washington, D.C. 20035-5998 P.O. Box 65998 (202) 514-8033 [cited in Civil Rights Resource Manual 60]