112.

Sample Fair Housing Consent Order

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NEW YORK PHYLLIS SHAPIRO, Plaintiff, v. CV 93-5764 CADMAN TOWERS, INC.; and SYDELLE LEVY, Defendants. Draft 10/25/95 CONSENT ORDER On December 20, 1993, Phyllis Shapiro, through her attorneys, filed a Complaint along with a Motion for a Preliminary Injunction. Shapiro v. Cadman Towers, Inc. and Sydelle Levy. CV 93-5764. On December 28, 1993, the United States filed a Fair Housing Act Complaint on behalf of Phyllis Shapiro, pursuant to 42 U.S.C. § 3612(o), along with an unopposed Motion to Consolidate its case with the private action filed by Ms. Shapiro. United States v. Cadman Towers, Inc. and Sydelle Levy. CV 93-5860. On the same date, this Court granted that motion, consolidating the two cases for all purposes. On January 4th through January 6th, the Court heard the matter. On January 21, 1994, the Court issued a preliminary injunction. In these consolidated cases, the plaintiffs allege that Phyliss Shapiro is a handicapped resident of Cadman Towers, a 422-unit cooperative housing development owned by Defendant Cadman Towers, Inc., located in Brooklyn Heights. The plaintiffs alleged that defendants failed to make a reasonable accommodation to Ms. Shapiro's request for a handicap parking space which was necessary to afford Ms. Shapiro equal opportunity to use and enjoy a dwelling. In addition, Ms. Shapiro alleged in her complaint that the defendants attempted to retaliate against her for pursuing her complaint to the Department of Housing and Urban Development about the denial of handicapped parking. These actions, according to the plaintiffs, violated the Fair Housing Act, as amended, 42 U.S.C. § 3604(f)(3)(B) and �. The plaintiffs alleged further that following Ms. Shapiro's complaint to the Department of Housing and Urban Development ("HUD"), on November 29, 1993, the Secretary of HUD issued a Determination of Reasonable Cause and charge of Discrimination and on December 8, 1993, Ms. Shapiro elected to have the charge resolved in federal court. On February 4, 1994, the defendants filed Answers to both Complaints in which they denied the material allegations of the Complaints and that defendants have violated the Fair Housing Act. The defendants appealed the Order granting the preliminary injunction. On March 21, 1995, the Second Circuit affirmed the district court's entry of the preliminary injunction. The parties have agreed that in order to avoid protracted, unnecessary, and costly litigation, the controversy should be resolved without further litigation. Therefore, without a trial or adjudication on the merits or appeal of the preliminary injunction or any admission of liability, the parties have consented to the entry of this Order. INJUNCTION It is hereby ORDERED, ADJUDGED AND DECREED that Defendant Cadman Towers, Inc, and its officers, agents, employees, successors, and all persons in active concert or participation with any of them, are hereby ordered to provide Ms. Shapiro a parking space on the ground floor of 101 Clark Street for the duration of her residency there. It is further ORDERED, ADJUDGED AND DECREED that Defendant Cadman Towers, Inc., and its officers, agents, employees, successors, and all persons in active concert or participation with any of them, are hereby permanently enjoined from failing to make a reasonable accommodation in their rules, policies, practices, or services when such an accommodation is necessary to afford a handicapped person an equal opportunity to use and enjoy a dwelling. A reasonable accommodation and equal opportunity to use and enjoy a dwelling at Cadman Towers may, in certain circumstances, include granting priority rights to a parking space. REASONABLE ACCOMMODATION PROCESS It is further ORDERED that Cadman Towers, Inc. shall: Provide applications in the form set forth in Appendix F to cooperators, tenants, prospective cooperators, and prospective tenants who seek reasonable accommodations under the Fair Housing Act at Cadman Towers; Provide to all current and future cooperators and tenants a copy of the policy statement set forth at Appendix G setting forth the procedure pursuant to which applications for reasonable accommodations shall be reviewed and processed at Cadman Towers;[FN1] FN1. Future residents shall be provided these material within seven (7) days of moving to Cadman Towers. Designate an employee or agent of Cadman Towers whose duty it shall be to process requests for reasonable accommodations. MONETARY RELIEF It is further ORDERED that Defendants shall pay the total sum of $ 190,000.00 to be distributed as follows: $ 65,000.00 in compensatory damages to Phylliss Shapiro and $125,000.00 to the law firm of Goldfarb and Abrandt for attorneys' fees. In consideration for this sum of money, Ms. Shapiro shall execute a release, substantially in the form annexed hereto as Attachment A, signifying that the amount received constitutes full settlement of any claims she may have related to the subject matter of this lawsuit through the date of the release. NOTICE TO THE PUBLIC[FN2] FN2. During the term of this Order, Sydelle Levy shall be subject to the notice and record-keeping provisions of this Order as long as she is engaged in the sale or rental of dwellings or is an officer or director of the Board of Directors of Cadman Towers. It is further ORDERED that within thirty (30) days of the entry of this Decree, the Defendants shall implement affirmative steps to notify the members of the surrounding community that all dwellings owned, managed and/or leased by the Defendants are available without regard to handicap. These steps shall include: Notifying all current residents of this fact; Conducting all advertising for the rental of dwellings in accordance with the provisions of the regulations promulgated by the Department of Housing and Urban Development at 24 C.F.R. Part 109, a copy of which is appended to the Decree as Appendix B. The Defendants shall make this a condition of all contracts establishing an agency or employment contract for rental management of Cadman Towers, Brooklyn, New York. Accordingly, the slogan "Equal Housing Opportunity" and the fair housing logo will appear in all display advertising. Such slogan, logo and statements shall be prominently placed and easily readable. Posting in any office managed, leased or used by the Defendants or agents, a sign no smaller than 10 inches by 13 inches which indicates that all dwellings in Cadman Towers, are subject to the reasonable accommodation requirements of the Fair Housing Act. The poster shall be in compliance with regulations promulgated by HUD and described in 24 C.F.R. Part 110. Informing in writing, within five (5) days of engagement, any firm, association, company, corporation or other person Defendants employ or otherwise engage to act as a real estate agent, referral agency, or otherwise to manage or promote rental of their residential properties, of Defendants' policies of nondiscrimination and of all obligations of Defendants' and their agents under the terms of this Decree. Such entity or entities shall be further advised that violation of this Consent Decree could subject it or them to termination of its agency or employment relationship with Defendants and to possible sanctions by the Court. The parties agree that the notice in the form set forth in Appendix B shall satisfy Defendants' obligation under this paragraph. The name of such entity or entities, along with a copy of the written notification, shall be forwarded to the United States within ten (10) days of engagement. NOTICE TO EMPLOYEES It is further ORDERED that within thirty (30) days of the entry of this Decree, Defendants shall conduct and complete an educational program for all its agents and employees who are involved in the purchase or rental process.[FN3] Each employee whose duties include showing apartments to, investigating the qualifications of, or determining whether or not to sell or rent to potential cooperators or residents, and each employee who supervises the work of any such employee, shall be required to participate in this program. This program shall include providing each employee with a copy of this Consent Order, and informing them of their duties and obligations under this Order as well as their duties and obligations under the Fair Housing Act. Such program shall also include: FN3. It is understood that, as a specific term in the contract establishing the agency or employment relationship, any employees or agents of the business entity engaged to provide rental agents or representatives to the Defendants will be included under the definition of "employee" as used in this section. Furnishing to each such agent and employee a copy of this Consent Decree; Furnishing to each such agent and employee a letter in the form set forth in Appendix C summarizing Defendants' policies of nondiscrimination under the terms of this Decree, and informing each such person, in person or by general meeting, of the duties of Defendant and their agents and employees pursuant to these policies, and what disciplinary measures might be taken in the event of noncompliance, including possible sanctions by the Court. Securing a signed statement in the form set forth in Appendix D from each such agent and employee that: (1) he or she has received, read and understands the Consent Decree, and the statements of nondiscrimination mentioned in Section V, Part A, above; (2) he or she has received the instructions described in this Section of the Consent Decree; and (3) he or she will comply with this Decree. MAINTENANCE OF RECORDS It is further ORDERED that Defendants shall maintain the following records for Cadman Towers for the duration of this Order:[FN4] FN4. It is further agreed that any business entity engaged by the Defendant will also be responsible for carrying out the provisions of this section, and such responsibility will be noted in a specific provision of the contract establishing the agency or employment relationship. A log similar to that attached as Appendix E, containing the following information about each person inquiring in person at any office of the Defendants or their rental agents about the availability of a parking spaces, modification of dwelling units and common areas, or other reasonable accommodations at Cadman Towers during the previous reporting period: Name, current address, and telephone number of person making inquiry; Date of inquiry; Date the person became a resident of Cadman Towers; Whether the person filled out an application for a reasonable accommodation and the date of the application; Whether the person received the parking space, modification sought or other reasonable accommodation; If the person did not receive a parking space, the modification sought, or some other reasonable accommodations, the reason therefore; Whether the person was placed on a waiting list. All application forms developed pursuant to Section II, Part C of this Decree and completed by cooperators, tenants, prospective cooperators, and prospective tenants of Cadman Towers. All vacancy lists for parking spaces, if utilized, and all waiting lists for such spaces. Copies of statements of employees in which they acknowledge that they understand their obligations under this Order, as required by Section V, Part B of this Order (Appendix E). All documents that refer or relate to defendants' policies or practices with respect to parking places at Cadman Towers. It is further ORDERED that the United States shall have the right to inspect and copy the records described above upon providing reasonable notice to Defendants. The United States shall attempt to minimize any inconvenience to the Defendant during the inspection and copying of such records. REPORTING It is further ORDERED that four months after entry of this Order, and every four (4) months thereafter for a period of three (3) years, Defendant shall serve on the United States a report containing the following:[FN5] FN5. If there has been no activity under a particular reporting provision during the pertinent reporting period, a report indicating that should nevertheless be submitted. Copies of all parts of the log being maintained pursuant to Section VI, Part A, above, for the period covered by the report; Photographs of all notices and signs posted pursuant to Section IV of the Decree; if the notices and signs have not changed during the reporting period, additional photographs need not be submitted; Copies of all letters and signed statements prepared or secured pursuant to Section V; Copies of all completed reasonable accommodations application forms; and For all activities related to the purchase or rental of cooperatives at Cadman Towers that are conducted by outside agencies for the Defendants during the previous reporting period, the name, address and description of duties of each entity, if any, engaged by Defendants to conduct such activities, and copies of any contracts with or instructions to such entities. COMPLAINTS It is further ORDERED that Defendants, during the term of this Decree, shall report to the United States in writing within thirty (30) days of receipt any complaint which comes to the attention of Defendants regarding any discrimination on the basis of handicap with respect to housing opportunities at Cadman Towers. Such report shall include full details of the complaint and any action taken or proposed by Defendant in response. GENERAL MEETING OF COOPERATORS It is further ORDERED that counsel for Plaintiffs and/or their designated representatives shall have the right to address a general meeting of the members of the Cadman Towers Cooperative to explain the requirements of the Fair Housing Act and the circumstances that gave rise to this litigation. JURISDICTION The United States District Court for the Eastern District of New York shall retain jurisdiction over this action for the purpose of adjudicating any disputes regarding the implementation or enforcement of the provisions of this Consent Decree. The parties to this Order shall endeavor in good faith to resolve informally any differences regarding interpretation of and compliance with this Order prior to bringing such matters to the Court for resolution. ORDERED this _____ day of ___________, 1995. ____________________________ UNITED STATES DISTRICT JUDGE The undersigned hereby agree to this Court's entry of this Order: For the Plaintiffs: DEVAL L. PATRICK Assistant Attorney General By: _________________________ ISABELLE M. THABAULT BARBARA KAMMERMAN Attorneys U.S. Department of Justice Civil Rights Division Housing and Civil Enforcement Section P.O. Box 65998 Washington, D.C. 20035-5998 (202) 514-1006 DAVID GOLDFARB Goldfarb & Abrandt 200 Park South New York, New York 10003 ((212)387-8400 For the Defendants: _______________________ ALAN G. BLUMBERG 14 Wall Street New York, New York 10005 (212)732-6060 [cited in Civil Rights Resource Manual 60]