Making, or causing to be made, statements with respect to the rental of a dwelling
that indicate a preference, limitation, or discrimination based on familial status, or an intention to
make any such preference, limitation, or discrimination, in violation of 42 U.S.C. § 3604(c).
II. AFFIRMATIVE RELIEF
4. Defendant shall within 30 days of the entry of this Order post and prominently display
in the rental office and in any other office where there is rental activity and/or personal contact with
applicants for the rental of dwellings from the Defendant, a poster no smaller than 11 inches by 14
inches that indicates that all dwellings are available for rent on a nondiscriminatory basis. The poster
shall comply with the requirements set out in 24 C.F.R. Part 110.
5. Defendant shall within 30 days of the entry of this Order include the words "Equal
Housing Opportunity" or the fair housing logo in all advertising conducted by the Defendant in
newspapers, telephone directories (if utilized), radio or other media, and on all signs, pamphlets,
brochures, and other promotional literature. The words or logo shall be prominently placed and easily
6. Defendant shall provide a written notice to each current tenant that, under the federal
Fair Housing Act, landlords must make all apartments available for rental by families with children
including apartments on upper floors, and that landlords must rent such apartments to families with
children without discrimination in the terms and privileges of such rental.
III. MANDATORY EDUCATION AND TRAINING
7. As soon as reasonably possible, but no later than December 22, 2005, Defendant,
Gerald J. Powers II, his officers, agents, and employees, shall undergo training on the provisions of
the Fair Housing Act, with particular emphasis on discrimination on the basis of familial status. The
training shall be conducted by the Metropolitan Milwaukee Fair Housing Council. Defendant, his
officers, agents and employees, shall provide to the United States, within 30 days after the training,
the name(s), address(es) and telephone number(s) of the trainer(s) and certifications executed by the
trainers confirming their attendance.
8. Within 30 days of the date of entry of this Order, Defendant shall provide a copy of this
Order to all his agents and employees involved in the rental or management of dwellings and secure
the signed statement from each agent or employee acknowledging that he or she has received and read
the Order. This statement shall be substantially in the form of Attachment A.
9. During the term of this Order, within 30 days after the date he or she commences an
agency or employment relationship with the Defendant, each new agent or employee involved in the
rental or management of dwellings shall be given a copy of this Order and be required to sign a
statement acknowledging that he or she has received and read the Order. This statement shall be
substantially in the form of Attachment A.
IV. MONETARY PAYMENTS TO KENDRA BLAND
10. The Defendant shall pay to Kendra Bland the sum of Thirteen Thousand Dollars
($13,000.00), provided that no amount shall be paid pursuant to this paragraph before Kendra Bland
has executed a written release (substantially in the form of
Attachment B) of all claims, legal or
equitable, that he might have against the Defendant relating to the claims asserted in this lawsuit. The
Defendant shall send a check made payable to Kendra Bland to counsel for the United States (1) within
15 days after the date of entry of this Order.
V. RECORD KEEPING AND REPORTING
11. During the term of this Order, the Defendant shall retain all rental records maintained
in the normal course of his business -- including, but not limited to, inquiry logs, applications, tenant
files, and all records relating to actual or threatened evictions -- created from the date of the entry
of this Consent Order. Upon request and reasonable notice, the Defendant shall produce or permit
representatives of the United States to review any such records in the possession or control of the
Defendant, or his agents, employees, or representatives.
12. During the term of this Order, the Defendant shall give counsel for the United States
written notice within 15 days of the receipt of any written or oral complaint against the Defendant
regarding discrimination on the basis of familial status or alleging unlawful retaliation, and a
description of the resolution of any such complaint within 15 days of resolution. If the complaint is
written, the Defendant shall provide a copy of it with the notice; if the complaint is oral, he shall
include a written summary 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 Defendant shall also
promptly provide the United States all information it may request concerning any such complaint and
its actual or attempted resolution.
VI. COURT JURISDICTION, SCOPE AND TERM OF CONSENT ORDER
13. The parties have consented to the entry of this Order as indicated by the signatures
below. To this end, the parties stipulate and the Court finds that this Court has subject matter
jurisdiction over this action pursuant to 28 U.S.C. §§1331 and 1345 and 42 U.S.C. §3612(o). This
Consent Order is effective immediately upon its entry by the Court.
14. This Consent Order will remain in force and effect for two years from the date of its
15. The Court shall dismiss this case with prejudice. The parties to this Consent 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 of a failure by Defendant, whether willful or otherwise, to perform in a timely manner any
act required by this Order or in the event of any other act violating any provision hereof, the United
States may move this Court to reopen the case and impose any remedy authorized by law or equity.
VII. COSTS OF LITIGATION
16. Each party will pay its own attorneys fees and costs associated with this litigation.
So ORDERED this ___ day of _________________, 2005.
CHARLES N. CLEVERT
United States District Judge
The undersigned hereby apply for and consent to the entry of this Order:
FOR THE UNITED STATES:
STEVEN H. ROSENBAUM, Chief
NICOLE PORTER, Deputy Chief
JENNIFER C. CASS, Attorney
U.S. Department of Justice
Civil Rights Division
Housing and Civil Enforcement Section
950 Pennsylvania Avenue, N.W.-G St.
Washington, DC 20530
Tel.: (202) 616-1958
Fax: (202) 514-6614
STEVEN M. BISKUPIC
United States Attorney
MATTHEW V. RICHMOND
State Bar No. 1005513
Chief, Civil Division
517 East Wisconsin Avenue
Milwaukee, WI 53202
Tel.: (414) 297-1700
FOR THE DEFENDANT:
Rod W. Rogahn
State Bar No. 1028404
Colleen Wentworth Jones
State Bar No.1026318
Rogahn Law Offices
605 Milwaukee St.
P.O. Box 180636
Delafield, WI 53018
FOR THE DEFENDANT:
Mary L. Richards
State Bar No. 1000385
EMILE BANKS & ASSOCIATES, LLC
Mayfair North Tower, Suite 1120
2600 North Mayfair Road
Milwaukee, WI 53226
Employee Acknowledgment Form
I , _______________________________ , hereby acknowledge that I have been provided with
a copy of and have read the Consent Order entered by the United States District Court in United States
v. Gerald J. Powers II, Case No. 04-C-1117.
(City, State, Zip)
FULL SETTLEMENT AND FINAL RELEASE OF ALL CLAIMS
In consideration of the Consent Order entered in United States v. Gerald J. Powers II,
Case No. 04-C-1117 (E.D. Wis.) and Thirteen Thousand Dollars and no/100 ($13,000.00), the
receipt of which is hereby acknowledged, I, Kendra Bland, do hereby forever release and
discharge Gerald Powers II (a/k/a Joe Powers) and American Family Mutual Insurance Company
(hereinafter referred to as the released parties) from any and all claims and causes of action, in any
way arising out of or related to incidents that occurred on or about September 2, 2003, and
February 8, 2004, involving the rental of Mr. Powers' apartment located at 1682 North Cass Street
in Milwaukee, WI.
This Release fully extinguishes all claims and causes of action related to the above
described incidents, including but not limited to those for: compensatory damages (including
economic and non-economic damages); loss of housing opportunity, general emotional distress
damages, past or future medical bills, lost wages, loss of earning capacity claims, contractual and
extra-contractual claims; loss of society, companionship and consortium; civil penalties; punitive
damages; costs and fees; attorneys' fees; statutory damage awards; any damages in connection with
violations of state or federal fair housing laws, and any claims based upon contribution,
indemnification or subrogation (whether based on statute, contract or equity), derivation or
assignment, and including by any person or entity, including but not limited to, on behalf of
Medicare/Medicaid or Title XIX.
I agree to indemnify and hold harmless the released parties for any expenses, including
attorney's fees, incurred in defending against any claims brought in the future that may be made by
or on behalf of myself for any claims or causes of action related to the above-described incidents.
I further agree to indemnify and hold harmless the released parties against any claims which may
be made by or on behalf of any of my children for any claims or causes of action related to the
above described incidents including those for loss of care, companionship, protection, services or
benefits. I agree that this Release is also made for and binding upon my heirs, successors and
assigns. By this agreement any liability of subsidiaries, parent corporations, insurers,
predecessors, successors, officers, directors, agents or employees of the released parties is also
released and discharged.
With full knowledge and understanding of the contents of this release, I voluntarily enter
into settlement and do so without having relied on any statement or representation by the released
parties, representatives of the released parties, or anyone retained by the released parties.
I understand that in making this Release I will have no right to make a claim against
anyone, including the released parties, for more money even if I later become dissatisfied with this
settlement for any reason whatsoever.
The statements in this Full Settlement and Final Release are contractual terms, and are not
I have read this Release, which consists of two (2) pages, and understand that it is a full
and complete compromise and full settlement of all claims for which I have been fully
Subscribed and sworn to before me______________________this ___ day of ________________, 2005.
Notary Public, State of Wisconsin
My commission expires: ______________
1. For purposes of this Consent Decree, submissions to counsel for the United States should
be to Chief, Housing and Civil Enforcement Section, Civil Rights Division, United States
Department of Justice, 950 Pennsylvania Avenue, N.W.-G St., Washington, D.C. 20530, Attn:
DJ# 175-85-424, or as otherwise agreed by counsel.
Document Filed: September 8, 2005