IN THE UNITED STATES DISTRICT
FOR THE CENTRAL DISTRICT OF
UNITED STATES OF
NELSON E. STUBER
ELLA M. STUBER,
October 20, 2006, the United States instituted this action against Nelson E.
Stuber and Ella M. Stuber, on behalf of Patricia Tyus and D.T., her minor
daughter, pursuant to Section 812(o) of the Fair Housing Act, 42 U.S.C. §
action was brought pursuant to the Fair Housing Act of 1968, as amended by the
Fair Housing Amendments Act of 1988, 42 U.S.C. §§ 3601, et seq. ("the
Act"). The complaint alleged that Mr. and Ms. Stuber refused to allow Patricia
Tyus to rent a housing unit in Morton, Illinois, due to her race, in violation
of Sections 804(a) and (c) of the Act, 42 U.S.C. §§ 3604(a) and (c).
filed an answer, objecting to an award of damages and additional relief, but not
objecting to declaratory and injunctive relief.
United States, Patricia Tyus and D.T., her minor daughter, and Mr. and Ms.
Stuber desire to avoid the cost and uncertainty of protracted litigation and
agree that this dispute should be resolved without the necessity of further
proceedings or trial. Mr. and Ms. Stuber acknowledge that they violated the Fair
Housing Act, and they regret any harm that this violation caused. Therefore, the
parties have waived a hearing and the entry of findings of fact and conclusions
of law and have agreed to the entry of this Consent Order, as indicated by the
signatures appearing below.
Therefore, it is hereby
ORDERED, ADJUDGED and DECREED:
and Ms. Stuber, and any agents, employees, successors, and persons in active
concert or participation with them are enjoined from:
to rent after the making of a bona fide offer, or refusing to negotiate for the
rental of, or otherwise making unavailable or denying, a dwelling to any person
because of race, in violation of 42 U.S.C. § 3604(a);
printing, or publishing, or causing to be made, printed, or published any
notice, statement, or advertisement, with respect to the rental of a dwelling,
that indicates any preference, limitation, or discrimination based on race, or
an intention to make any such preference, limitation, or discrimination, in
violation of 42 U.S.C. § 3604(c).
EDUCATION AND TRAINING
ninety (90) days from entry of this Consent Order, Mr. Stuber and Ms. Stuber
shall attend a program of educational training focusing on the race-related
provisions of federal, state and local fair housing laws, regulations and
ordinances. The training shall be conducted by a qualified individual or
organization which has been previously approved by the Department of Justice,
and any expenses associated with this training shall be borne by the Defendants.
Defendants shall provide to the United States, within thirty (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 the attendance of the
NOTIFICATION TO PUBLIC OF NONDISCRIMINATION POLICIES
ten (10) days after the date of entry of this Consent Order, Defendants shall
take the following steps to notify the public of their nondiscriminatory
to 24 C.F.R. Part 110, post and prominently display at any place of business
where defendants conduct rental activity and/or have personal contact with
applicants for rental of their property, a Fair Housing Poster.
the words "Equal Housing Opportunity" or the fair housing logo in any
advertising conducted by Defendants in newspapers, telephone directories, radio,
television or other media, and on all billboards, signs, pamphlets, brochures
and other promotional literature. The words or logo should be prominently placed
and easily legible.
KEEPING AND MONITORING
the term of this Consent Order, Defendants shall preserve all records pertaining
to their obligations under this Consent Order. Upon reasonable notice to
Defendants' counsel, representatives of the United States Department of Justice
shall be permitted to inspect and copy all such records at reasonable times in
order to monitor compliance with this Consent Order.
the term of this Consent Order, Defendant shall give counsel for the United
States written notice within fifteen (15) days of receipt of any written or oral
complaint against the Defendants, regarding discrimination on the basis of race,
and a description of the resolution of any such complaint within fifteen (15)
days of resolution. If the complaint is written, Defendants shall provide a copy
of it with the notice; if the complaint is oral, it 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.
Defendants shall also promptly provide the United States with all information it
may request concerning any such complaint and its actual or attempted
V. RELIEF FOR
PATRICIA TYUS AND HER DAUGHTER
will pay the total sum of Forty Thousand Dollars ($40,000) in settlement of the
case, by a check made payable to Patricia Tyus. The payment shall be made within
30 days of the Court's entry of this consent decree. The check shall be sent c/o
James A. Lewis, Assistant United States Attorney, 318 South Sixth Street,
Springfield, IL 62701, for him to forward to Patricia Tyus.
this Court approves this Consent Order, the United States will seek a guardian
ad litem, at the United States’ expense, to represent the interest of D.T., a
minor, in this Consent Order and this payment.
Tyus shall place at least $10,000 of this payment, and more than $10,000 if she
wishes, in an interest-bearing account or certificate of deposit for the benefit
of D.T., a minor. Patricia Tyus, as mother and natural guardian of D.T., shall
be authorized to make withdrawals of principal and interest from this payment of
$10,000 or more, as needed for payment of medical, educational or other expenses
for the benefit of D.T., as Patricia Tyus determines that benefit. If there is a
balance remaining from this payment of $10,000 or more when D.T. reaches age 18,
the balance will belong to D.T., subject to the law of the state of
JURISDICTION, SCOPE AND TERM OF CONSENT ORDER
parties have consented to the entry of this Consent 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).
Consent Order is effective immediately upon its entry by the Court.
entry of this Consent Order will terminate this case. The Court will retain
jurisdiction, in order to enforce the terms of this Consent Order, for a period
of three years after the entry of this Consent Order.
United States may move the Court to extend the duration of the Order if it
determines that Defendants have violated one or more terms of the Order or if
the interests of justice otherwise require.
United States and Mr. and Ms. Stuber 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 Defendants, whether willful or otherwise, to perform
in a timely manner any act required by this Consent Order or otherwise to act in
violation of any provision thereof, the United States may move this Court to
impose any remedy authorized by law or equity, including, but not limited to, an
order requiring performance of such act or deeming such act to have been
performed, and an award of any damages, costs, and attorneys' fees which may
have been occasioned by Defendants' violation or failure to perform.
F. Each party to this Consent Order
shall bear its own costs and attorney's fees associated with this
Consent Order may be signed by the parties in counterparts.
STATES DISTRICT JUDGE
terms of this Consent Order have been agreed to by the parties, as indicated by
the signatures of counsel below, and the parties request the entry of this
FOR THE UNITED STATES:
James A. Lewis, NC Bar No. 5470
Assistant United States Attorney
318 South Sixth Street
Springfield, IL 62701
Telephone: (217) 492-4450
Fax: (217) 492-4888
FOR NELSON E. STUBER AND ELLA M.
Thomas E. Davies
Thomas E. Davies,
403 N. Main
Morton, IL 61550
Telephone: (309) 266-6211
Fax: (309) 266-6988