114.

Sample Fair Housing Consent Order

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO EASTERN DIVISION UNITED STATES OF AMERICA, Plaintiff, v. CIVIL ACTION NO. ELDON WEST, et al., Defendants. ______________________________ CONSENT ORDER The United States files this Consent Order simultaneously with its Complaint against Eldon West and Theadora West ("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 handicap. The Complaint alleges that Defendants refused to rent an apartment to Kenneth D. Lute because of the handicap of his father and that Defendants made statements to Mr. Lute and others indicating a preference, limitation, and discrimination on the basis of handicap. 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. II INJUNCTION It is ORDERED that Defendants, their employees, agents and successors, and all those acting in concert or participation with them, are hereby enjoined from discriminating on the basis of handicap in any aspect of the sale or leasing of apartments or houses. III. MONETARY RELIEF It is FURTHER ORDERED that within thirty (30) days of the date of entry of this Order, Defendants shall pay the sum of $20,000.00 to Kenneth D. Lute. Mr. Lute shall execute a Release substantially in the form annexed hereto in Appendix A signifying that the amounts received pursuant to this Consent Order constitute full settlements of any claims, including claims for costs and attorney's fees, that he may have related to the subject matter of this lawsuit. IV. TRAINING AND CERTIFICATION It is FURTHER ORDERED that Defendants shall inform any employees involved in selling or leasing units (including any employees subsequently employed or hired to participate in the 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 employee with a copy of this Order and shall instruct each such employee of his or her obligations under this Order. For all new employees, such documents and instruction shall be provided no later than five (5) days after each begins employment. Each Defendant and all current employees involved in the sale or leasing of units 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. Within ten (10) days after attending such training, each Defendant and employee shall sign a certification stating that they have been instructed regarding the Fair Housing Act, as amended, and understand the requirements of the Act. V. ADVERTISING AND OUTREACH It is FURTHER ORDERED that Defendants shall apprise the public that all units owned by Defendants are available without discrimination on the basis of handicap. 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; 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); and Sending written notice to Fair Housing Contact Service of all units for rent or sale within three (3) days after Defendants become aware that such units are available for rent or sale. VI. RECORD KEEPING It is FURTHER ORDERED that beginning ten (10) days after the date of entry of this 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, whether any family member is handicapped, description of dwelling desired, disposition of application (i.e., accepted, rejected, withdrawn, wait-listed), date of such disposition, and if rejected, reason for rejection; 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. VII. INSPECTION OF RECORDS It is FURTHER ORDERED that the United States shall have the right to inspect and have Defendants copy, at the United States' expense, any of the records described in Section V, above, 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. VIII. 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 employee involved in the sale or leasing of units owned or managed by Defendants, as described in Section III, supra; and copies of the notification to employees that all residential property owned or managed by Defendants is open to persons regardless of handicap, as described in Section III, supra. 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 and Application Log that has been maintained during that period. 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. IX. 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. It is so ORDERED, ADJUDGED, and DECREED this _____ day of _____________, 1993. ____________________________ UNITED STATES DISTRICT JUDGE Agreed to by the parties as indicated by the signatures of counsel below. For Defendants: ______________________________ Richard Kleinman Attorney for Defendants Eldon and Theadora West For Plaintiffs: _____________________________ Cheryl L. Ziegler Attorney for Plaintiff United States of America Copies to be sent to: Richard Kleinman, Esquire 170 Glen Road Chagrin Falls, Ohio 44022-2421 Cheryl L. Ziegler, Esquire U.S. Department of Justice Housing & Civil Enforcement Section P.O. Box 65998 Washington, D.C. 20035 [cited in Civil Rights Resource Manual 60]