DANIEL G. BOGDEN
United States Attorney
Nevada Bar No. 6875
Assistant United States Attorney
100 West Liberty, Suite 600
Reno, Nevada 89501
Telephone: (775) 784-5438
Facsimile: (775) 784-5181
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEVADA
UNITED STATES OF AMERICA,
MEADOWS APARTMENTS LIMITED
MARY GENE MCDONALD,
MARY GENE MCDONALD FAMILY
IRENE SMITH, and
TRACEY A. MCDONALD
On October 22, 2001, the United States commenced this action
on behalf of Robert Lillegard and Joaquina Lillegard, and their
minor child, Paolo, (collectively "The Complainants"), pursuant
to Section 812(o) of the Fair Housing Act (Title VIII of the
Civil Rights Act of 1968), as amended, 42 U.S.C. § 3612(o). At
all times relevant to the events at issue in the Complaint:
- Defendant Mary Gene McDonald Family Limited Partnership
and Mary Gene McDonald were the owners of the subject property, a
110-unit apartment complex located at 105 East Prater Way,
- Defendant Tracey McDonald was the property manager for
the subject property.
The United States' Complaint alleges that the Defendants
discriminated against the Complainants by discriminating in the
terms, conditions, or privileges of rental of a dwelling, or in
the provisions of services or facilities in connection with the
rental of a dwelling, because of familial status, in violation of
42 U.S.C. § 3604(b); and by making, printing, or publishing
notices or statements with respect to the rental of a dwelling
that indicated a preference, limitation or discrimination based
on familial status, in violation of 42 U.S.C. § 3604(c). The
Defendants deny these claims.
The parties agree that the controversy should be resolved
without further litigation. Therefore, without a trial or
adjudication on the merits, and without admission of liability by
the Defendants, the parties have consented to the entry of 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:
- PROHIBITION OF DISCRIMINATION
Defendants Mary Gene McDonald, Mary Gene McDonald Family
Limited Partnership, and Tracey McDonald, their employees and
agents, and all those acting in concert or participation with
them are hereby enjoined from:
- Discriminating against any person because of familial
status in the terms, conditions, or privileges of renting a
dwelling unit, or in the provision of services or facilities in
connection with the rental of a dwelling unit;
- Making, printing, publishing, or causing to be made,
printed, or published any notice, statement, or advertisement
with respect to the rental of a dwelling unit that states any
preference, limitation, or discrimination on the basis of
- Coercing, intimidating, threatening, or interfering
with any person because of his or her exercise or enjoyment of
his or her rights under the Fair Housing Act, or his or her aid
or encouragement to any other person exercising such rights; and
- Engaging in any other discriminatory housing practices
prohibited by 42 U.S.C. §§ 3601-3619.
- OTHER INJUNCTIVE RELIEF
- ADOPTION AND IMPLEMENTATION OF NON-DISCRIMINATORY POLICIES
- Defendants have adopted, and shall implement in all
residential properties they own or manage, individually or
collectively, non-discrimination policy set forth at Attachment A.
- Within thirty (30) days of the entry of this Order,
- Furnish to all employees or agents with
responsibility for, or who participate in, showing, renting, or managing dwelling units at any residential property owned or managed by Defendants, a copy of this Order and a copy of the non-discrimination policy set forth at Attachment A;
- Secure from each such employee or agent the signed
certificate set forth at Attachment B;
- Distribute to each tenant at, and every applicant
for tenancy at, any properties owned or managed by
Defendants, a copy of the non-discrimination
policy set forth at Attachment A and a copy of the
HUD pamphlet entitled "Are you a victim of housing
discrimination?" (HUD official form 903.1) (2);
- Post, in each residential property owned or
managed by Defendants, an official HUD " Equal
Housing Opportunity" poster (HUD form 928) by or
in the manager's office or in a prominent location
where it may be seen by tenants and prospective
- Include the Fair Housing logo and the statement
"Equal Opportunity / Fair Housing Provider" in all
advertisements for dwellings, and comply with the
Fair Housing Act advertising guidelines that
appear at 24 C.F.R. § 100.75.
- During the period in which this Order is in effect,
Defendants, shall ensure that each new employee or agent with
responsibilities relating to the rental or sale of dwelling units
shall, within thirty (30) days of the entry of this Order, or ten
(10) days of commencing an employment or agency relationship with
Defendants, whichever is later, receive a copy of this Order and
the non-discrimination policy appearing at Attachment A, and sign
the statement appearing at Attachment B indicating that he or she
has received and understood these documents.
- REPORTING AND MONITORING REQUIREMENTS
- Each year for three (3) years after the entry of this
Order, on or before the anniversary of the entry of this order,
Defendants shall deliver to counsel for the United States a copy
of each statement signed by new employees or agents, as set forth
at Attachment B and described in Section II.A.3 above.
- Defendants shall advise counsel for the United States
in writing within thirty (30) days of receipt of any complaint
against such Defendants, or against any of the Defendants'
employees, rental agents, or residential rental properties,
regarding fair housing. This notification shall include full
details of the complaint and any action taken by the Defendants
in response to the complaint, and shall be accompanied by all
- Upon reasonable notice, Defendants shall allow the
United States to have access to any records of residential rental
properties owned, operated, or managed by the Defendants in order
to monitor the Defendants' compliance with this Consent Order.
The United States shall endeavor to minimize any inconvenience to
the Defendants resulting from inspection of such records.
The Complainants have, through private counsel of their
choice, filed a separate action concerning the events and
circumstances described in the United States' Complaint. The two
actions have been consolidated. It is acknowledged that a
settlement has been reached in the context of the complainants'
separate action and that such settlement obviates the need for
any further relief in this Consent Decree.
- DISMISSAL AND ENFORCEMENT
- This action is dismissed with prejudice, except that
the United States may move at any time to reopen the case for the
purpose of enforcing this Order. This Order shall remain in
effect for three (3) years, except that the United States may
move to extend the term of the Order for good cause.
- The Court shall retain jurisdiction of this action for
purposes of enforcing this Order.
- Except where explicitly limited, the provisions of this
Order shall apply to the Defendants, their employees and agents,
anyone acting under their direction, and all those acting in
concert or participation with any of them.
- The provisions of this Order shall apply to all
residential rental properties that are owned, operated, and/or
managed in whole or in party by any or all Defendants.
- The parties may mutually agree to extend the time
periods set out in this Order for any required action.
- 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 any
Defendant either fails to perform in a timely manner any act
required by this Order or acts 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 that Defendant's non-action or actions.
ORDERED this ___ day of ___________, 2002.
||United States District Judge
For the Defendants:
|For the United States
|LORI STORY, ESQ.
Assistant U.S. Attorney
- NON-DISCRIMINATION POLICY
It is the policy of the owners and managers of Meadows
Apartments 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 Meadows
Apartments with the responsibility for showing, renting, or
managing any dwelling unit(s) must:
- treat all qualified applicants equally regardless of race, color, sex, national origin, religion, handicap
or familial status; and
- treat all tenants equally regardless of race, color,
sex, national origin, religion, handicap or familial
Any employee or agent of the Meadows Apartments with the
responsibility for showing, renting, or managing any dwelling
unit(s) 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.
The term "familial status" means one or more individuals
(who have not attained the age of 18 years) being domiciled with:
- a parent or another person having legal custody of such
individual or individuals; or
- 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.
On ________________, I was instructed by my employer
____________, with respect to my responsibilities under the
Order entered by the federal district court in United States v.
Meadows Apartments, et al., CV-N-01-00603-DWH-(RAM) (Nevada), the
federal Fair Housing Act and applicable state and local 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 United States Attorney's Office, 100 West Liberty, Suite 600,
Reno, Nevada 89501, telephone (775-784-5438)) or official
regarding my employer's compliance with the Fair Housing Act
and/or the Order.
Document Filed: May 8, 2002