IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF MISSOURI
UNITED STATES OF AMERICA,
ALLEN NORMAN, NANCY
NORMAN AND JOHN NORMAN,
CASE NO. 05-0365-CV-W-ODS
This action was filed by the United States on April 21, 2005, to enforce the provisions of
Title VIII of the Civil Rights Act of 1968 (the Fair Housing Act), as amended by the Fair Housing
Act Amendments of 1988, 42 U.S.C. §§ 3601 et seq. In its complaint, the United States alleges that
defendants engaged in unlawful sexual and racial harassment of Complainant Monica Nightingale
Hawkins when she rented an apartment located at 2703 Harrison Street in Kansas City, Missouri
from Allen and Nancy Norman. Defendants Allen Norman and/or Nancy Norman are and have
been at all times relevant to this action the owner(s) of the residential property at 2703 Harrison
Street. Defendant John Norman, Allen Norman's son, performed maintenance work and other jobs
as Allen and Nancy Norman's agent at the apartment at 2703 Harrison Street during the period of
In its Complaint the United States specifically alleges that Defendant John Norman
subjected Ms. Nightingale Hawkins to extensive, continuous, unwelcome, and uninvited sexual
harassment and racial harassment, and created a hostile environment for her, in violation of
Sections 804(b), 804(c), and 818 of the Fair Housing Act, 42 U.S.C. §§ 3604(b), 3604(c) and
3617. The United States further alleges that defendants Allen Norman and Nancy Norman knew or
should have known of the discriminatory conduct of defendant John Norman but failed to take
action to curtail and/or prevent such conduct, and retaliated against Ms. Nightingale Hawkins for
taking action to curb the harassment by John Norman, in violation of Sections 804(b), 804(c), and
818 of the Fair Housing Act, 42 U.S.C. §§ 3604(b), 3604(c) and 3617.
The Defendants deny each and every allegation of the United States.
The parties have agreed that in order to avoid protracted and costly litigation, this
controversy should be resolved without further litigation. Therefore, without a trial or
adjudication of any of the facts alleged by the United States, the parties consent to the entry of this
Decree. This agreement constitutes full resolution of the United States' claims in this action.
It is HEREBY AGREED AND ORDERED as follows:
II. JURISDICTION, SCOPE, AND TERM OF DECREE
1. The parties agree that the United States District Court for the Western District of
Missouri shall retain jurisdiction over this action for all purposes relating to the enforcement of
this Decree throughout its term.
2. This Consent Decree is effective immediately upon its entry by the Court and shall
remain in effect for a period of three (3) years from the date of entry of this Decree. For purposes
of this Decree, the phrase "date of entry of this Decree" shall refer to the date on which the Court
enters this Decree. Prior to expiration of the term of this Decree, the United States may move the
Court to extend the duration of this Decree in the interests of justice.
3. The parties agree to work collaboratively with one another and in good faith to seek the
Court's approval of this Consent Decree, and to resolve informally any differences regarding
interpretation of and compliance with this Decree prior to bringing such matters to the Court for
A. Defendants Allen Norman, Nancy Norman, and John Norman
4. Defendants, their agents, employees, and all persons in active concert or participation
with any of them, are hereby permanently enjoined from:
- 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,
on the basis of sex or race;
- Making, printing, publishing, or causing to be made, printed, or published any
notice, statement, or advertisement with respect to the rental of a dwelling that
states any preference, limitation, or discrimination based on sex or race; and
- Coercing, intimidating, threatening, or interfering with any person in the exercise or
enjoyment of, or on account of him or her having exercised or enjoyed, or on
account of him or her having aided or encouraged any other person in the exercise
or enjoyment of, any right granted or protected by the Fair Housing Act, including
retaliating against any person for reporting or opposing discriminatory conduct
based on sex or race.
B. Defendant John Norman
5. Throughout the term of this Decree, Defendant John Norman is hereby enjoined from
operating, consulting, managing, staffing, participating in, working in (whether paid or unpaid), or
otherwise having any involvement in the management, or maintenance of rental housing properties,
including but not limited to those owned by the other Defendants in this action, except that he may
perform maintenance on completely unoccupied properties, i.e., properties in which every unit is
IV. NONDISCRIMINATION POLICY
6. Defendants shall implement, subject to the United States' approval, a written policy
against sexual and racial harassment, and notify all tenants of Defendants' written policy, including
formal complaint procedures. A copy of the policy shall be provided to counsel for the United
States within thirty (30) days of the entry of this Decree. If the policy is satisfactory to the United
States, Defendants shall disseminate the policy and procedure to all tenants of apartments owned
or managed by any of them within ten (10) days after the United States notifies them that it has
approved the policy. If the policy and procedure is not satisfactory to the United States, the United
States and Defendants shall collaborate to devise a mutually acceptable policy and procedure, and
Defendants shall disseminate the policy and procedure to all current tenants within ten (10) days
after the parties have reached agreement on the policy and procedure. The policy and procedure
shall be disseminated to current tenants no later than ninety (90) days after the entry of this Decree.
Once the United States and Defendants have agreed upon a written policy and procedure,
Defendant shall provide a copy of the policy and procedure to all new tenants within five (5) days
of the date the tenant moves into a dwelling unit owned or managed by Defendants.
7. Defendants shall post an "Equal Housing Opportunity" sign in a prominent location in
the rental office, and at least one common area in each separate residential building that they own
and/or manage, which indicates that all apartments are available for rent on a nondiscriminatory
basis. An 11 inch by 14 inch poster substantially equivalent to the sample appended to this Decree
as Appendix A, which can also be found at 24 C.F.R. § 110.25, will satisfy this requirement.
8. Defendants shall require that all advertising conducted for any of their rental properties
in newspapers, telephone directories, radio, television, or other media, and all billboards, signs
(including signs at the entrance to any of their properties), pamphlets, brochures, and other
promotional literature, include either a fair housing logo, the words "equal opportunity housing
provider," and/or the following sentence:
We are an equal opportunity housing provider. We do not
discriminate on the basis of race, color, national origin, religion,
sex, familial status, or disability.
The words or logo shall be prominently placed and easily legible.
9. Defendants Allen and Nancy Norman shall implement a fair housing training and
education program for any and all individuals who shall have responsibility for managing, renting,
performing maintenance, or performing other responsibilities on a regular basis at any rental
property owned or managed by any of the Defendants at any time during the term of this Decree.
As part of this program, within three (3) months of the date of entry of this Decree, Defendants
Allen Norman, Nancy Norman, and John Norman, and any other individual currently serving as an
agent of any of them at any rental property owned by any of the Defendants shall attend a fair
housing training program conducted by a qualified civil rights organization to be selected by
Defendants, subject to approval by the United States. Contract laborers (except John Norman)
who do not have regular contact with tenants or potential tenants shall not be required to attend
such training. The program shall include training on the nondiscrimination requirements of the
federal Fair Housing Act, 42 U.S.C. §§ 3601 et seq., particularly the Act's prohibitions on
discrimination based on race or sex and the non-retaliation provisions of the Act. Any and all
costs and fees associated with attending the training program shall be borne by Defendant.
10. Each individual described in Paragraph 9 shall be provided with and required to read
a copy of this Consent Decree and the Nondiscrimination Policy and complaint procedures
described in Paragraph 6.
11. Upon completion of the training described in Paragraph 9, each individual required to
attend training shall sign a written statement in the form set forth in Appendix B attesting to (1) the
fact that he or she has attended a training session; (2) the date on which the training was
completed; and (3) the fact that he or she has received, read, and understands the content of this
Decree and Nondiscrimination Policy and Procedure will comply with them.
12. Defendant John Norman shall also attend an additional training program of the type
described in Paragraph 9--conducted by a qualified civil rights organization, subject to approval
by the United States--within the final six months of the term of this Decree. Defendant Norman
shall report in writing to the United States, no later than two months prior to the conclusion of this
Decree, that he has attended such a training program, and the date(s) on which he attended it.
VI. REPORTING AND RECORD-KEEPING
13. Defendants Allen Norman and Nancy Norman shall provide the United States, (1) in
- the address and a description of any residential rental property owned in whole or
in part by either or them, within thirty (30) days of the entry of this Decree;
- the address and a description of any residential rental property acquired by either
or them in the future, within thirty (30) days of the date of acquisition of the
- the name and address of any company, entity, or individual who manages and/or
performs managerial responsibilities at any rental property owned or managed by
either of them, within thirty (30) days of the date of entry of this Decree or within
thirty (30) days of selection of the managing company or agent, whichever is later.
- In the event of a sale of any rental property owned by either of them, the name and
address of the purchaser, within thirty (30) days of the date of sale.
- the identity of any entity or individual hired, retained or contracted with to manage
or perform any of the duties and/or responsibilities of an apartment manager at any
rental property owned by any of the Defendants, including but not limited to,
performing maintenance, collecting rent, showing apartments, and serving eviction
papers or other notices to vacate. Defendants shall also report the identity of any
entity or individual hired, retained, or contracted with to perform maintenance or
other responsibilities related to the rental properties on a regular basis that will
bring them into contact with tenants. Defendants shall notify the United States
within thirty (30) days of the date on which the Defendant(s) hired, entered into a
contract with, or otherwise retained the services of such entity or individual and
shall provide the name, address, and telephone number of the individual or entity.
- written notice within thirty (30) days of the receipt of any written or oral complaint
against any of the Defendants, or any of the Defendants' agents or employees,
regarding discrimination on the basis of sex or race or unlawful retaliation,
including but not limited to complaints regarding any statement or conduct alleged
to constitute sexual or racial harassment. If the complaint is written, Defendants
shall provide a copy of it with the notice. The notice shall include the full details
of the complaint, including the complainant's name, address, and telephone number.
The Defendants shall promptly provide the United States all information it may
request concerning any such complaint and shall also provide to the United States a
description of the resolution of any such complaint within fifteen (15) days of
14. Throughout the term of this Decree, Defendants Allen and Nancy Norman shall
maintain all rental records kept in relation to any residential rental properties owned, managed, or
acquired by either of them. Defendants shall allow the United States the right to inspect and copy
all records kept in relation to their rental properties upon reasonable notice to them. The United
States shall attempt to minimize any inconvenience to the Defendants during the inspection and
copying of such records.
15. Six (6) months after entry of this Decree, and every six (6) months thereafter
throughout the term of this Decree, Defendants Allen and Nancy Norman shall provide the United
States with a report containing the following:
- a list of all tenants at any and all residential rental properties owned or managed by
any of the Defendants, including their names, addresses, and telephone numbers;
- copies of all written sexual and racial harassment complaint procedures and any
other policies related thereto. If the written complaint procedure and other policies
related thereto have not changed during the previous reporting period, additional
copies need not be provided;
- any information reasonably related to compliance with this Decree that is requested
by the United States.
The final report, however, shall be submitted to the United States sixty (60) days prior to
the date on which this Decree expires. With respect to subsection a of this paragraph, the
information provided by Defendants pursuant to this subsection shall be used by the United States
only for purposes of this litigation and shall not be disclosed to third parties to the extent such
disclosure is protected under the Privacy Act of 1974, 5 U.S.C. §§ 552a (2000).
VII. MONETARY RELIEF
16. In order to settle the monetary claims of the United States on behalf of the
Complainant, Defendants shall pay the sum of Fifteen Thousand Dollars ($15,000). Within thirty
(30) days of the date of entry of this Decree, Defendants shall provide to the United States a
cashiers check for Fifteen Thousand Dollars ($15,000) made payable to Monica Nightingale
Hawkins. (2) In the event that Defendants do not provide such payment within 30 days, the amount
due will increase to Nineteen Thousand Five Hundred Dollars ($19,500). In consideration of this
payment, Ms. Nightingale Hawkins shall execute a release of claims form substantially equivalent
to that set forth in Appendix C, verifying that the amount she is to receive will constitute full
settlement of any claims she may have against Defendants relating to the subject matter of this
lawsuit. The United States shall obtain the signed release form from Ms. Nightingale Hawkins
before forwarding Defendants' cashiers check to her. The United States will then provide the
signed release form to Defendants.
VIII. COSTS OF LITIGATION
17. Each party to this Consent Decree shall bear its own costs and attorneys' fees
associated with this litigation.
IX. MISCELLANEOUS PROVISION
18. Any time limits imposed by this Decree may be extended by mutual agreement, in writing, of the parties.
The undersigned apply for and consent to the entry of this Decree:
FOR THE UNITED STATES:
TODD P. GRAVES
United States Attorney
CHARLES M. THOMAS, MO #28522
Assistant United States Attorney
United States Attorney's Office
400 E. 9th Street, 5th Floor
Kansas City, Missouri 64106
Tel.: (816) 426-3130
Fax: (816) 426-3165
WAN J. KIM
Assistant Attorney General
STEVEN H. ROSENBAUM, Chief
KEISHA DAWN BELL, Deputy Chief
CATHERINE BENDOR, Trial Attorney
ANDREA STEINACKER, Trial Attorney
Section - NWB
Housing and Civil Enforcement
Civil Rights Division
U.S. Department of Justice
950 Pennsylvania Avenue, N.W.
Washington, D.C. 20530
Tel.: (202) 353-9759
Fax: (202) 514-1116
FOR DEFENDANTS ALLEN AND NANCY NORMAN:
KYNER & REEFER, P.C.
Jennifer P. Kyner, MO Bar No. 32436
7300 W. 110th Street - Suite 700
Overland Park, KS 66210
Tel.: (913) 491-3200
Fax: (913) 317-1543
FOR DEFENDANT JOHN NORMAN:
2710 Harrison Street
Kansas City, MO 64109
Tel. (816) 221-0673
DEFENDANT PRO SE
ORDERED this ________ day of _________________, 2006.
ORTRIE D. SMITH, JUDGE
UNITED STATES DISTRICT COURT
We do Business in Accordance With the Fair Housing Act
(The Civil Rights Act of 1968, as amended by the
Fair Housing Amendments Act of 1988)
IT IS ILLEGAL TO DISCRIMINATE AGAINST ANY PERSON BECAUSE OF RACE,
COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS (HAVING ONE OR MORE
CHILDREN), OR NATIONAL ORIGIN:>
- In the sale or rental of housing or residential lots.
- In advertising the sale or rental of housing.
- In the financing of housing.
- In the appraisal of housing.
- In the provision of real estate brokerage services.
- Blockbusting is also illegal.
Anyone who feels he or she has been discriminated against should send a complaint to:
U.S. Department of Housing and Urban Development
Assistant Secretary for Fair Housing and Equal Opportunity
Washington, D.C. 20410
U.S. Department of Housing and Urban Development
Kansas City Regional Office of FHEO
Gateway Tower II
400 State Avenue, Room 200
Kansas City, Kansas 66101-2406
(913) 551-6958 / TTY (913) 551-6972 or 1-800-743-5323
CERTIFICATION OF FAIR HOUSING TRAINING
AND RECEIPT OF CONSENT DECREE AND NONDISCRIMINATION POLICY
On _____________________ , I attended a training session on the federal Fair Housing Act and
its nondiscrimination requirements. I have had an opportunity to have all of my questions
concerning the Fair Housing Act answered to my satisfaction.
On ________________________ , I received a copy of and have read the Consent Decree
entered by the federal district court in United States of America v. Allen Norman, Nancy Norman,
and John Norman,Case No. 05-0365-CV-W-ODS. I have also received a copy of the
Nondiscrimination Policy and Procedure. I have had an opportunity to have all of my questions
concerning the Consent Decree and its requirements, and the Nondiscrimination Policy and
Procedure, answered to my satisfaction. I understand the terms of the Decree and the Policy and
Procedure and agree to comply with their requirements.
RELEASE OF CLAIMS
In consideration for the payment of Fifteen Thousand Dollars ($15,000) pursuant to the
Consent Decree approved by the United States District Court for the Western District of Missouri
in the case of United States v. Allen Norman, Nancy Norman, and John Norman, Case No. 05-0365-CV-W-ODS, I hereby release Defendants Allen Norman, Nancy Norman, and John Norman
from any and all liability for any claims, legal or equitable, I may have against them arising out of
the allegations in the above referenced action. I fully acknowledge and agree that this release of
the defendants shall be binding on my heirs, representatives, executors, successors, administrators
and assigns. I agree to indemnify and hold harmless Defendants Allen Norman, Nancy Norman,
and John Norman, counsel for Defendants, and the United States for any liability in connection
with any liens or claims to the settlement sums paid to me under this Release. I hereby
acknowledge that I have read and understood this release and have signed it voluntarily and with
full knowledge of its legal consequences.
MONICA NIGHTINGALE HAWKINS
1. For purposes of this Order, all submissions to the United States or its Counsel should be
submitted to: Chief, Housing and Civil Enforcement Section, Civil Rights Division, United States
Department of Justice, 950 Pennsylvania Avenue, N.W., Washington, DC, 20530, Attn. DJ# 175-43-150.
2. In the event of Ms. Hawkins' death, payment shall be made to her estate.
Document Entered: February 23, 2006