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UNITED STATES DISTRICT COURT
DISTRICT OF IDAHO


UNITED STATES OF AMERICA,
Plaintiff,

v.

Case No.: CIV00-032-E-BLW

KENNETH E. LYON, JR. AND
BEVERLY LYON,
Defendants.

_________________________________


CONSENT DECREE

On January 12, 2000, the United States commenced this action on behalf of Selena J. Edwards and the Idaho Fair Housing Council ("the complainants") against Kenneth E. Lyon, Jr. and Beverly Lyon (the "Lyons"). At all times relevant to this case the Lyons have been the owners of the dwelling units located at 622 South 5th Street, Pocatello, Idaho.

The United States' Complaint was brought pursuant to section 812(o) of the Fair Housing Act, as amended, 42 U.S.C. § 3612(o). The Complaint alleges that defendants violated the Fair Housing Act by discriminating against the complainants by refusing to rent or negotiate for, or otherwise making unavailable or denying, a dwelling on the basis familial status, in violation of 42 U.S.C. § 3604(a), and by making statements indicating a preference, limitation, or discrimination in the rental of a dwelling on the basis of familial status, in violation of 42 U.S.C. § 3604(c).

The parties agree that, in order to conserve time and expense, the controversy should be resolved without further litigation. Therefore, without a trial or adjudication on the merits, the parties have consented to this Order, as indicated by the signatures appearing below.

After reviewing the terms of this Order, the Court concludes that the entry of this Order comports with the Fair Housing Act and federal law.

Accordingly it is ORDERED, ADJUDGED, and DECREED that:

  1. PROHIBITORY INJUNCTION

Defendants, their employees, agents and successors, and all those acting in concert or participation with them, are hereby enjoined from:

  1. Making dwellings unavailable to persons because of familial status;

  2. Discriminating against any person in the terms, conditions, or privileges of renting a dwelling unit or in the provision of services or facilities in connection therewith, because of familial status;

  3. Making, printing, publishing, or causing to be made, printed or published, any notice, statement, or advertisement with respect to the rental or ownership of a dwelling unit that indicates any preference, limitation, or discrimination on the basis familial status;

  4. Representing to any person because of familial status that any dwelling unit is not available for inspection, rental or sale when such dwelling is in fact so available; and

  5. Engaging in any other discriminatory housing practices prohibited by 42 U.S.C. §3601, et seq.

  1. AFFIRMATIVE RELIEF

  1. TRAINING

    Within sixty (60) days after the entry of this Order, defendants, as well as any and all agents or employees of the defendants with responsibility for showing, renting, or managing dwelling units at any of the apartment complexes owned by defendants, shall complete an educational program, to be conducted by the Idaho Fair Housing Council, at the defendants' expense, that shall include the following:

    1. Informing each individual of his or her duties and obligations under this Order as well as under the federal Fair Housing Act and applicable state laws;

    2. Furnishing to each agent or employee whose duties include showing, renting or managing dwelling units, and each agent or employee who supervises such activities a written non-discrimination policy under the terms of this Order and the Fair Housing Act. Said policy is attached to this Order as Attachment A;

    3. Instructing each individual on procedures to insure that familial status does not enter into the process of providing rental information to persons who make inquiries or making decisions on rental applications; and

    4. Securing the signed statement appearing at Attachment B from each such agent, employee or successor indicating that he or she has received, read, and understands this Order and the defendants' policy of non-discrimination and further understands that violation of this Order may result in sanctions against him or her by the defendants and/or the Court.

    During the period in which this Order is in effect, each new employee, agent, or successor of defendants shall complete an educational program as set forth in paragraphs IIA1-4 above within thirty (30) days after the date he or she becomes an officer of, commences employment or an agency relationship with, or succeeds ownership from defendants.

  2. ADVERTISING

    Defendants shall include the words "Equal Housing Opportunity" and/or the fair housing logo in all advertising (whether in newspapers, telephone directories and other written materials; on radio, television or other media broadcasts; and on all billboards, signs, pamphlets, brochures and other promotional literature) conducted by defendants and/or their agents, employees, or successors for any of defendants' properties. The words and/or logo shall be prominently placed and easily readable. In addition, all newspaper and radio advertising regarding defendants' properties subsequent to the date of entry of this Order shall conform to the provisions of the applicable advertising guidelines of the U.S. Department of Housing and Urban Development, 24 C.F.R. Part 109 (1995).

  3. REPORTING REQUIREMENTS

    Twelve (12) months after the entry of this Order, and thereafter every twelve (12) months for a period of three (3) years after entry of this Order, defendants shall deliver to counsel for the United States a report containing the following information:

    1. Copies of all signed statements secured pursuant to Section IIA4 above;

    2. An Occupancy Report for the four units located at 622 South 5th Street, Pocatello, Idaho, which shall report the dates of tenancy and the names and ages of all tenants who moved into such units during the reporting period; and

    3. Representative copies of any advertisements conducted by defendants regarding defendants' properties during the reporting period.

    Defendants shall advise counsel for the United States in writing within thirty (30) days of receipt of any written complaint against defendants, or against any of defendants' employees, rental agents or residential rental properties, regarding equal opportunity in housing. This notification shall include full details of the complaint and any action taken by the defendants, and shall be accompanied by all pertinent documents. (1)

  1. ACCESS TO RECORDS

  1. With reasonable notice, defendants shall allow the United States to have access to records of defendants' properties in order to monitor defendants' compliance with this Consent Decree.

  2. The defendants shall maintain all records related to the operation of their rental units throughout the time covered by this Consent Decree. Such documents shall include, but not be limited to, applications, leases, tenant files, policies and procedures, and all other documents or records that refer or relate in any way to the dwelling units located at 622 5th Street, Pocatello, Idaho.

  1. MONETARY RELIEF

Within thirty (30) days following the entry of this Order, defendants shall pay $4,000 to Selena J. Edwards in consideration for the full and final settlement of this claim as payment of damages pursuant to 42 U.S.C. § 3612(o)(3).

Selena J. Edwards and the Idaho Fair Housing Council shall execute a release, hereto attached as Attachment C, signifying that the good and valuable consideration received constitutes full settlement of any and all claims that they may have related to the subject matter of this lawsuit through the date of the entry of this Consent Decree.

  1. DISMISSAL

  1. This Order shall remain in effect for thirty nine (39) months from the date of its entry or three (3) months after the final Occupancy Report required in Section IIC2 is completed, whichever is later. This Court shall retain jurisdiction of this action for purposes of enforcing this Order.

  2. The provisions of this Order shall apply to the defendants, their employees, agents, successors, anyone acting under their direction, and all those acting in concert or participation with any of them.

  3. The provisions of this Order, except Section IV, which provides for monetary relief, shall apply to all rental properties, which are owned and/or managed in whole or in part by defendants.

  4. The United States may move the Court to extend the period in which this Order is in effect if it determines that the defendants likely have violated one or more terms of the Order or if the interests of justice otherwise require an extension of the terms of the Order.

  5. 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. However, in the event that the defendants either fail to perform in a timely manner any act required by this Order or act in violation of any provision of this Order, the United States may move the Court to impose any remedy authorized by law or equity, including, but not limited to, an order requiring performance or non-performance of certain acts and an award of any damages, costs, and attorney's fees that may have been occasioned by the defendants' non-action or actions.

  6. The above captioned Complaint is dismissed without prejudice. If no action is taken by the United States within thirty nine (39) months from the date this Consent Decree is entered or within three (3) months after the final Occupancy Report required in Section IIC2 is completed, whichever is later, then the above captioned action against defendants shall be dismissed with prejudice.

ORDERED this __[7]____ day of _[March]____, 2000.

____/s/______________________
UNITED STATES DISTRICT JUDGE

Approved:

For the Defendants:

Kenneth E. Lyon, III
6490 S. McCarron Blvd., Suite 34
Reno, Nevada 89509
(775) 823-7700

For the United States:

Bill Lann Lee
Assistant Attorney General

Isabelle M. Thabault
Rebecca B. Bond
Attorneys
Housing and Civil Enforcement Section
Civil Rights Division
Department of Justice
P.O. Box 65998
Washington, D.C. 20035-5998
(202) 305-1457
(202) 514-1116

BETTY H. RICHARDSON
United States Attorney

D. Marc Haws
Assistant U.S. Attorney
First Interstate Center
877 W. Main Street, Suite 201
Boise, ID 83702
(208) 334-1211


ATTACHMENT A

  1. NON-DISCRIMINATION POLICY

It is the policy of Kenneth E. Lyon Jr. and Beverly Lyon (the "Lyons") not to discriminate against anyone in any aspect of the rental of dwellings because of race, color, national origin, sex, handicap, familial status or religion. This policy means, among other things, that all agents or employees of the Lyons with the responsibility for showing, renting, or managing any dwelling units owned by the Lyons must:

  1. treat all qualified applicants equally regardless of race, color, sex, national origin, religion, handicap or familial status; and

  2. allow qualified families with children to apply for and to reside in any properties owned by the Lyons.

Any employee or agent of the Lyons with the responsibility for showing, renting, or managing any dwelling units owned by the Lyons who does not comply with the policy set forth in this document may be subject to disciplinary action, termination of employment, and or federal court sanctions.

  1. DEFINITIONS

The term "familial status" means one or more individuals (who have not attained the age of 18 years) being domiciled with:

  1. a parent or another person having legal custody of such individual or individuals; or

  2. the designee of such parent or the person having such custody, with the written permission of such parent or another person.

The protections afforded against discrimination on the basis of familial status shall apply to any person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of 18 years.


ATTACHMENT B

On ____________________, 200__, I was instructed by __________________________ with respect to my responsibilities under the Order entered by the federal district court in United States v. Lyon and Lyon, CIV-00-0032-E-BLW, the federal Fair Housing Act and applicable state laws. I also was instructed as to the non-discriminatory rental policies and procedures. I have received copies of and have read the Order and the Non-Discrimination Policy. I understand my legal responsibilities and will comply with those responsibilities. I understand that the Court may impose sanctions on me if I violate a provision of the Order and that my employer may also discipline me if I violate a provision of the Order. I have been informed by my employer that I will not be reprimanded by my employer for providing information to any law enforcement agency (including the U.S. Department of Justice, Civil Rights Division, Housing and Civil Enforcement Section, P.O. Box 65998, Washington, D.C. 20035-5998, telephone (202) 514-4713) or official regarding my employer's compliance with the Fair Housing Act and/or the Order.

_______________________
(Date)

_______________________
(Signature)

_______________________
(Print Name)


ATTACHMENT C

SELENA J. EDWARDS and the IDAHO FAIR HOUSING COUNCIL for the sole consideration of FOUR THOUSAND DOLLARS ($3500.00), the payment of which shall be made in compliance with the terms of the Decree entered on ____________, 2000, in the case of United States v. Lyon and Lyon, CIV00-0032-E-BLW, do, for themselves, their heirs, executors, administrators and assigns, release and forever discharge Kenneth E. Lyon Jr. and Beverly Lyon, their representatives, employees and agents, and all other persons, firms, insurers, corporations or entities from any and all claims, demands, damages, actions or causes of action on account of or in any way arising out of or relating to the allegations set forth in United States v. Lyon and Lyon, CIV00-0032-E-BLW, concerning alleged discrimination on the basis of familial status.

By signing this settlement agreement, SELENA J. EDWARDS and the IDAHO FAIR HOUSING COUNCIL expressly settle, waive, and in every other way release all rights to any related claims which were or could have been brought in United States v. Lyon and Lyon, CIV00-0032-E-BLW, including any and all claims SELENA J. EDWARDS or the IDAHO FAIR HOUSING COUNCIL could have brought had they intervened in that action.

It is understood and agreed that this settlement is the compromise of a disputed claim, and that the payment made is not to be construed as an admission of liability on the part of the parties hereby released; and the parties released do not admit and specifically deny any liability therefor.

It is further understood and agreed that this release constitutes the entire agreement between the parties; that the terms of this release are contractual and not a mere recital; and that the release is binding upon and adheres to the benefit of the parties jointly and severally, and the executors, administrators, personal representatives, heirs, successors, and assigns of each.

The undersigned further declare and represent that no promise, inducement or agreement not herein expressed has been made to the undersigned.

Dated:__________, 2000

Signature: ________________________
Selena J. Edwards

Dated:__________, 2000

Signature: ________________________
Idaho Fair Housing Council

By: ___________________


1. All documents required by this section should be sent to: United States Department of Justice, Civil Rights Division, Chief, Housing and Civil Enforcement Section, DJ 175-22-25, P.O. Box 65998, Washington, D.C. 20035-5998.


Document Entered on March 7, 2001.

General Information Housing and Civil Enforcement Section
 
Leadership
Steven H. Rosenbaum
Chief
Contact
Housing & Civil
Enforcement Section
(202) 514-4713
TTY - 202-305-1882
FAX - (202) 514-1116
To Report an Incident of Housing Discrimination:
1-800-896-7743
Mailing Contact
U.S. Department of Justice
Civil Rights Division
950 Pennsylvania Avenue, N.W.
Housing and Civil Enforcement Section, NWB
Washington, D.C. 20530

Email: fairhousing@usdoj.gov

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