124.

Sample Fair Housing Consent Order

IN THE UNITED STATES DISTRICT COURT FOR THE _____________ DISTRICT OF ______________ UNITED STATES OF AMERICA, Plaintiff, v. CIVIL ACTION NO. _____________ * Defendants. ______________________________ CONSENT ORDER The United States initiated this action on _______________, 199___, pursuant to Sections 812(o) and 814 of the Fair Housing Act, as amended by the Fair Housing Amendments Act of 1988, 42 U.S.C. � et seq. ("the Act"), alleging that __________________________________ ("the defendants") have discriminated against persons on the basis of __________ in the operation of their residential property rental business by _________________________________________________________________ because of _________ in violation of 42 U.S.C. §�. The parties desire to avoid costly and protracted litigation and agree that the controversy should be resolved without the necessity of an evidentiary hearing. Therefore, the parties have consented to the entry of this Order as indicated by the signatures appearing below. It is hereby ORDERED, ADJUDGED and DECREED: I. That the defendants, their agents, employees, successors, and all persons in active concert or participation with any of them shall not discriminate in any aspect of the rental of dwellings, because of _________ in violation of the Fair Housing Act, as amended, 42 U.S.C. � et seq. including: [List specific examples of prohibited conduct based upon allegations in complaint. For example, Terminating the leases of tenants on the basis of race; Providing unequal maintenance and repair services to tenants on the basis of race; Making tenant apartment assignments on the basis of race. Refusing to rent or negotiate to rent an apartment to anyone because of the presence of any minor child of any age in the prospective tenant's household; Making unavailable swimming pools, clubhouses and other amenities to families with children; Misrepresenting the availability of apartments for rent on the basis of race; OR Refusing to make reasonable accommodations in rules, policies, practices or services when such accommodations may be necessary to afford a person equal opportunity to use and enjoy a dwelling.] II. Defendants shall immediately adopt and implement the occupancy standards set forth in Exhibit * at all residential property complexes owned or operated by defendants. Exhibit * shall be prominently displayed in the rental office for each of the defendants' complexes and shall be mailed or personally delivered to each of the defendants current tenants within thirty (30) days after the date of entry of this Order. Within sixty (60) days after the date of entry of this Order, all of the defendants current leases, tenant rules and other written documents which reflect the defendants rental policies shall be modified to include the occupancy standards set forth in Exhibit *. A current list of defendants' complexes is set forth in Exhibit *. OR Defendants shall immediately adopt and implement objective, uniform, nondiscriminatory standards in renting apartments and shall follow a uniform procedure in the processing of applications, in order to ensure that all apartments are rented on a nondiscriminatory basis. The defendants, as of the date of entry of this Order, shall implement and adhere to the rental policies sent forth in Exhibit *. Exhibit * shall be prominently displayed in the rental office at _______________ and shall be mailed or personally delivered to each current tenant within thirty (30) days after the date of entry of this Order. If during the term of this Order the defendants propose to change the standards and procedures set forth in Exhibit *, they shall first notify counsel for the United States in writing. The United States shall have forty-five (45) days from the date the proposed revised standards and procedures are received in which to respond to any such proposed change. If the United States does not object to the defendants' proposal within said forty-five (45) day period, the change shall be made a part of the Order, and the change may be effected. If the United States does object, on the grounds that the proposed change may violate the Fair Housing Act or the terms of this Order, the change shall not be effected. The parties shall confer in an effort to resolve their differences with respect to any such proposed change. If they are unable to do so, the dispute may be submitted to the court for resolution. III.Within sixty (60) days after the entry of this Order, defendants shall conduct and complete the following described educational program for all employees and agents of defendants with housing rental responsibilities to inform them of the provisions of this Order and their duties under the Act. Such program shall include: Furnishing to each such employee or agent a written nondiscrimination policy under the terms of this Order and the Act, and informing each such person, in person or by general meeting, of the duties of defendants and their employees and agents pursuant to these policies, and that noncompliance with this Order may lead to sanctions imposed by the Court. Said policy is attached to this Consent Order as Exhibit *. Securing a signed statement from each such employee and agent that he or she has received, read, and understands the letter mentioned above and has received the instructions described in the preceding paragraph. Each new such employee or agent of defendants shall be provided with the foregoing information and shall be required to sign the foregoing statement within thirty (30) days after the date he or she commences an employment or agency relationship with defendants. Each defendant and each such employee or agent shall attend a program of educational training concerning their responsibilities under federal, state and local fair housing laws, regulations and ordinances within _____ (*) months of entry of this Order. Within thirty (30) days after the date of entry of this Order, defendants shall choose the training program, subject to approval by the United States. Any expenses associated with said program shall be borne by the defendants. OR D. Each defendant and each such employee or agent shall attend a program of fair housing training offered by (name of local fair housing organization) within ____ (*) months of entry of this Order. Any expenses associated with said program shall be borne by the defendants. IV. Within sixty (60) days after the date of this Order, defendants shall take the following steps to notify the public of their nondiscriminatory policies: Post and maintain a fair housing sign in a form approved by the Secretary of HUD[FN1] in the rental offices at ____________________________________; FN1. See 24 C.F.R. Part 110. Include the words "Equal Housing Opportunity" or the fair housing logo in all advertising conducted by defendants in newspapers, telephone directories, radio, television or other media, and on all billboards, signs, pamphlets, brochures and other promotional literature. Those words should be prominently placed and easily legible. In addition, all newspaper and radio advertising placed by defendants subsequent to the effective date hereof shall conform to the practices recommended in the HUD advertising guidelines (See 24 C.F.R. Part 109). Include the following statement on all rental applications and leases: We are an equal housing opportunity provider. We do not discriminate on the basis of race, color, religion, sex, familial status, national origin, or handicap. With respect to rental units, the defendants and their employees and agents shall: Maintain an Apartment Availability List which includes the apartment number of each rental unit known to be available for rental, the number of bedrooms in each such apartment and the monthly rent for each such apartment. This list shall be updated by the 10th of each month. Maintain a Tenant Inquiry Log of all persons who inquire in person about the availability of rental units, stating the date of inquiry, and, for each person who provides such information, their name, current address, telephone number and familial status, and, based on the good faith belief and observation of the defendants or their representatives, the person's race. If the person rents a unit, the apartment number, number of bedrooms and date of occupancy for that person shall be noted on the Log. For each completed rental application, maintain a Rental Application Log setting forth the reasons(s) why each application for tenancy was accepted or denied. Six (6) months after the entry of this Order, and thereafter every six (6) 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: [List the specific documents to be sent to the United States. For example, Copies of all signed employee statements secured pursuant to Section * above. Written verification that any person required to do so has attended the education program pursuant to Section * above; The identification, including the name, address and number of units, of any residential property in which defendants commenced any ownership or management interest during the reporting period. The dates of any sale of ownership by any of the defendants in ____________________. Representative copies of any newspaper or magazine advertisements published during the reporting period. Copies of the Apartment Availability Lists, Tenant Inquiry Logs and Rental Application Logs maintained pursuant to Section * above; OR E. The apartment number and lease date for each rental unit that was rented during the reporting time period with the following description of the race and national origin of the tenant: White; Black; and Other Minority (including Hispanic). OR E. The apartment number and lease date for each rental unit that was rented during the reporting time period with the following description of the household composition of the tenant; Number of persons age 18 or older; Number of persons under the age of 18; and The ages of each person under the age of 18. OR E. For each rental unit that has been occupied by a new tenant during the preceding reporting period, the address of the rental unit, the number and ages of any children residing in the unit, and the date of initial occupancy by the new tenant OR A list or map setting forth the lot number of each mobile home occupied by households with children and the lot number of each mobile home occupied by households without children.] VII. Defendants shall, for three and one-half years following the entry of this Order, preserve all records which are the source of, or contain, any of the information pertinent to defendants' obligations under this Order, including all rental applications and leases. Upon reasonable notice to counsel for defendants, representatives of the United States shall be permitted to inspect and copy all pertinent records of defendants at any and all reasonable times; provided, however, that the United States shall endeavor to minimize any inconvenience to defendants from inspection of such records. VIII.Defendants, during the term of this Order, shall advise counsel for the United States in writing within thirty (30) days of receipt of any written administrative or legal complaint against defendants, or against any of defendants' employees, rental agents or residential rental properties, alleging housing discrimination. IV. Defendants shall pay the sum of * thousand dollars ($*) to ___________________________. Such payment shall be made within thirty days after the date of this Order. In consideration of the defendants' payments, _________________________ shall execute the Release of Claims attached to this Consent Order as Exhibit *. Each party shall otherwise bear its own costs to date in this action. X. This action is dismissed without prejudice. However, if no action is taken by the United States government within three and one-half years of the date of entry of the Order, then this action will be dismissed with prejudice. The parties to this Order shall endeavor in good faith to resolve informally any differences regarding interpretation and compliance with this Order prior to bringing such matters to the Court for resolution. ORDERED this ____ day of ________, l99___. _____________________________ UNITED STATES DISTRICT JUDGE The undersigned apply for and consent to the entry of this Order: For the Defendants: For the United States: __________________________ ____________________________ EXHIBIT * RELEASE In consideration for the covenants and agreements made and reflected in the Consent Order entered in United States v. , Case No. ___________________, on _____________________, 199_____, as well as in consideration of the payments required to be made thereunder, I hereby release all claims, including attorney fees, that I may have against ____________________________________________ arising out of, or related to the aforesaid litigation concerning _________________ Apartments. I further understand that the release of claims shall be binding upon my heirs, successors, and any and all persons acting in concert with me. I further understand that I am releasing not only the claims which were raised in the aforementioned lawsuit, but all claims, of any kind, nature or description whatsoever against the defendants named in this action, whether they be in contract, tort, or in the litigation referenced above, for any actions or events that have occurred or that may have accrued up until the date of this Release. I also acknowledge that I have had the opportunity to review the terms of this Release with an attorney of my choosing, and to the extent that I have not obtained that legal advice, I voluntarily and knowingly waive my right to do so. _________________________________ (Name of Aggrieved Person) STATE OF _________ SUBSCRIBED and sworn to before me this _____ day of ________________, 1992. ____________________________________________ Notary Public My Commission expires: Exhibit * NON-DISCRIMINATION POLICY It is the policy of the owners and managers of ________________ 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 rental agents or persons with any responsibility for the rental of apartments must, tell anyone who inquires about an apartment for rent the actual number and types of apartments available for rent; comply with the occupancy standards for Palm Park Apartments which are described below; and never select, choose, recommend or suggest a particular apartment to anyone, and never discourage anyone from renting an apartment, because of a person's race, color, national origin, sex, handicap, familial status or religion or because of the race, color, national origin, sex, handicap, familial status or religion of current tenants at Palm Park Apartments. Any employee who does not comply with the rental procedures and criteria set forth in this document may be subject to disciplinary action, termination of employment and/or federal court sanctions. OR Occupancy Standards Maximum Number of Occupants: The maximum number of occupants for an apartment is as follows: Type of Apartment Maximum Number of Occupants Definitions The term "children" means 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 other person. The term "adults" means persons other than children. The terms "occupants" and "persons" include adults and children. OR It is the policy of ________________ to treat everyone fairly and not to discriminate against tenants, residents, owners, or applicants because they have a handicap or a disability. Our non-discrimination policy applies to all persons who have physical or mental handicaps, and includes the following requirements: Making reasonable accommodations for residents in rules, policies, practices or services so that handicapped persons have an equal opportunity to use and enjoy their dwellings, including public and common use areas. Allowing reasonable modification of existing premises, at the expense of a handicapped person, to provide full enjoyment of the premises to the handicapped person. Not making statements which discourage handicapped persons from residing in our properties and not making statements which indicate preferences, limitations or discrimination against handicapped persons. As our employee, manager or agent, we expect you to comply with this policy and to treat all of our residents, including those who are handicapped, with courtesy and respect. [cited in Civil Rights Resource Manual 60]