U.S. Department
of Justice
Consent Order United States v. Loecher (D. Colo.)
Case 1:15-cv-02462-PAB-CBS Document 45-1 Entered 08/8/16 USDC Colorado Page 1 of 29
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 15-cv-02462-P AB-CBS
(Consolidated with Civil Action No. 15-cv-02784-PAB-CBS)
UNITED STATES OF AMERICA
Plaintiff,
v.
ROGERP. LOECHER,
EILEEN F. LOECHER, and
MIRIAM YEHUDAH,
Defendants.
DENVER METRO FAIR HOUSING CENTER,
Plaintiff,
v.
ROGER P. LOECHER,
EILEEN F. LOECHER, and
MIRIAM YEHUDAH,
Defendants.
CONSENT ORDER
I. Introdnction
1. The United States initiated this action on November 9, 2015, against Defendants
Roger P. Loecher, Eileen F. Loecher, and Miriam Yehudab ("Defendants") to enforce Title VIII
of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988, 42
U.S.C. §§ 3601, et seq. ("FHA"). On December 22, 2015, Plaintiff Denver Metro Fair Housing
Case 1:15-cv-02462-PAB-CBS Document 45-1 Entered 07/08/16 USDC Colorado Page 2 of 29
Center ("DMFHC") filed a separate action against Defendants. The cases were consolidated on
March 3, 2016.
2. Since approximately February 22, 1999, and continuing to the present,
Defendants Roger and Eileen Loecher have owned Westland Apartments ("Subject Property"), a
28-unit apartment complex located at 9905 W. 21st Ave., Lakewood, CO 80215.
3. Since approximately July 2012, and continuing to the present, Defendants Roger
Loecher and Eileen Loecher have employed Defendant Miriam Y ehudah as the resident property
manager of Westland. As resident property manager, Defendant Y ehudah is responsible for the
day-to-day management of Westland, including providing infonnation about ayailable
apartments to prospective tenants and assigning available apartments to tenants.
4. Westland consists of two buildings. The front building, which is closest to West
21st Avenue, has 12 apartments. The rear building, which is further away from West 21st
Avenue, has 16 apartments. Between the two buildings, there is a grassy area that Defendants
have designated as a picnic and play area for residents. Defendant Y ehudah resides in a unit in
the front building.
5. PlaintiffDMFHC conducted fair housing testing at Westland between September
2013 and February 2014. Testing is a simulation of a housing transaction that compares
responses given by housing providers to different types of home-seekers to determine whether
illegal discrimination may be occmring.
6. Plaintiffs United States and DMFHC (collectively "Plaintiffs") allege that
DMFHC's testing revealed that Defendant Yehudah steered prospective tenants with children
towards Westland' s back building by failing to show or inf mm them about vacant units in the
front building. In contrast, prospective tenants without children were shown and informed about
2
Case 1:15-cv-02462-PAB-CBS Document 45-1 Entered 08/08/16 USDC Colorado Page 3 of 29
vacant units in the front building. Defendant Yehudah also made comments to testers indicating
that she housed families with children in the back building, and families without children in the
front building.
7. An investigation by the U.S. Department of Housing and Urban Development
("HUD") found reasonable cause to believe that Defendants engaged in an ongoing pattern and
practice of familial status discrimination. Defendants admitted in interviews with HUD that they
had a policy of placing families with children in the back building at Westland. Defendant
Roger Loecher indicated that he knew about and approved the aforementioned policy, which was
carried out by Defendant Yehudah as the on-site property manager.
8. Plaintiffs, in their respective Complaints, allege that Defendants have:
a. Refused to sell or rent, or otherwise made unavailable or denied, a
dwelling because of familial status, in violation of Section 804(a) of the
Fair Housing Act, 42 U.S.C. § 3604(a);
b. Imposed different terms, conditions, or privileges for rental of a dwelling
on the basis of familial status, in violation of Section 804(b) of the Fair
Housing Act, 42 U.S.C. § 3604(b);
c. Made statements with respect to the rental of a dwelling that indicated a
preference, limitation, or discrimination based on familial status, or an
intention to make any such preference, limitation, or discrimination, in
violation of Section 804(c) the Fair Housing Act, 42 U.S.C. § 3604(c); and
d. Represented that a dwelling was not available for inspection or rental
when such dwelling was in fact so available, because of familial status, in
violation of Section 804(d) of the Fair Housing Act, 42 U.S.C. § 3604(d).
3
Case 1:15-cv-02462-PAB-CBS Document 45-1 Entered 08/08/16 USDC Colorado Page 4 of 29
9. The United States, in its Complaint, also claims that Defendants have:
a. Engaged in a pattern or practice of resistance to the full enjoyment of rights
granted by the Fair Housing Act, 42 U.S.C. §§ 3601, et seq.; or
b. Denied to a group of persons rights granted by the Fair Housing Act, 42
U.S.C. §§ 3601, et seq., which denial raises an issue of general public
importance.
I 0. Defendants deny that they violated the Fair Housing Act.
11. The parties stipulate that this Court has subject matter jurisdiction over this action
under 28 U.S.C. §§ 1331 and 1345, and 42 U.S.C. § 3614(a).
12. The parties have voluntarily agreed, as indicated by the signatures below, to
resolve Plaintiffs' claims against the Defendants without the necessity of a hearing on the merits.
Wherefore, it is ORDERED, ADJUDGED and DECREED:
II. Injunction
13. Defendants and their agents, employees, successors and all other persons in active
concert or pmticipation with Defendants, are enjoined, with respect to the rental or sale of
dwellings, from:
a. Refusing to rent or sell a dwelling, refusing or failing to provide or offer
information about a dwelling, refusing to negotiate for the rental or sale of a
dwelling, or otherwise making unavailable or denying a dwelling to any
person because of familial status in violation of Section 804(a) of the Fair
Housing Act, 42 U.S.C. § 3604(a);
4
Case 1:15-cv-02462-PAB-CBS Document 45-1 Entered 08/08/16 USDC Colorado Page 5 of 29
b. Imposing different terms, conditions, or privileges for rental of a dwelling on
the basis of familial status, in violation of the Fair Housing Act, 42 U.S.C. §
3604(b);
c. Making statements with respect to the rental of a dwelling that indicated a
preference, limitation, or discrimination based on familial status, or an
intention to make any such preference, limitation, or discrimination, in
violation of the Fair Housing Act, 42 U.S.C. § 3604(c); and
d. Representing to any person, because of familial status, that any dwelling is not
available for inspection, sale, or rental when such dwelling is in fact so
available, in violation of Section 804(d) of the Fair Housing Act, 42 U.S.C. §
3604(d).
14. The provisions of this Section shall apply to fue Subject Property and all
dwellings in which the Defendants have or acquire a direct or indirect ownership, management,
or other financial interest.
III. Nondiscrimination Policy and Notice to Public
15. Upon entry of this Consent Order, Defendants shall implement the
Nondiscrimination Policy appearing at Appendix A at the Subject Property.
16. Within 15 days offue date of entry of this Consent Order and throughout its term,
Defendants shall distribute the Nondiscrimination Policy to all current tenants, prospective
tenants with pending applications, and Defendants' employees, agents, and anyone acting under
the direction of Defendants who have responsibility for showing, renting, managing, or operating
any dwelling at the Subject Property.
5
Case 1:15-cv-02462-PAB-CBS Document 45-1 Entered 08/08/16 USDC Colorado Page 6 of 29
17. Within 15 days of the date of entry of this Consent Order, Defendants shall take
the following steps at the Subject Property to notify the public of the Nondiscrimination Policy:
a. Prominently post at the rental office or other designated location that is currently
or subsequently used for the rental of dwellings a fair housing sign no smaller
thau ten (10) inches by fourteen (14) inches that indicates that all units are
available for rent on a nondiscriminatory basis. A poster that comports with 24
C.F.R. Part 110 will satisfy this requirement;
b. Include the words "Equal Housing Opportunity" aud/or the fair housing logo in
all rental advertising conducted by Defendants, or their agents or employees, in
newspapers, flyers, handouts, telephone directories aud other written materials; on
radio, television, internet or other media broadcasts; aud on all billboards, signs,
pamphlets, brochures aud other promotional literature; the words and/or logo shall
be prominently placed and easily readable; aud
c. Include the following equal housing statement in the rental application(s) and the
rental agreement(s) used for rental dwelling units in boldface type, using letters of
equal or greater size to those of the text in the body of the document:
We are an equal housing opportunity provider. We do not
discriminate on the basis of race, color, sex, national origin,
religion, disability, or familial status (residing with children under
age 18).
IV. Training
18. Within 15 days of the date of entry of this Consent Order, Defendants shall
provide a copy of this Consent Order to all agents aud employees involved in showing, renting,
managing, or operating any dwelling unit or lot at the Subject Property. Defendants shall secure
6
Case 1:15-cv-02462-PAB-CBS Document 45-1 Entered 08/08/16 USDC Colorado Page 7 of 29
a signed statement from each such agent or employee acknowledging that he or she has received
and read the Consent Order and the Nondiscrimination Policy (Appendix A), has had the
opportunity to have questions about the Consent Order and Nondiscrimination Policy answered,
and agrees to abide by the relevant provisions of the Consent Order and the Nondiscrimination
Policy. This statement shall be in the form of Appendix B.
19. Within 15 days after any new agent or employee becomes involved in showing,
renting, or managing units at the Subject Property, Defendants shall provide a copy of this
Consent Order and the Nondiscrimination Policy to each such agent or employee and secure a
signed statement from each agent or employee acknowledging that he or she has received and
read the Consent Order and the Nondiscrimination Policy (Appendix A), has had the opportunity
to have questions about the Consent Order and Nondiscrimination Policy answered, and agrees
to abide by the relevant provisions of the Consent Order and the policy. This statement shall be
in the form of Appendix B.
20. Within 90 days from the date of entry of this Consent Order, any Defendant,
agent, or employee with any involvement in the management and/or operations of the Subject
Property shall undergo in-person training on the Fair Housing Act, with specific emphasis on
discrimination on the basis of familial status. The training shall be conducted by an independent,
qualified third party, approved in advance by counsel for Plaintiffs, and shall last at least two
hours. Any expenses associated with this training shall be borne by Defendants. Each individual
who receives the training shall execute the Certificate of Training, attached hereto as Appendix
C.
21. All new agents or employees responsible for renting, managing, and/or operating
dwelling units at the Subject Property must receive the fair housing training, described in
7
Case 1:15-cv-02462-PAB-CBS Document 45-1 Entered 08/08/16 USDC Colorado Page 8 of 29
Paragraph 19, within 60 days ofbegim1ing their employment or agency and shall complete
Appendix C.
V. Nondiscrimination Standards and Procedures
22. Within 45 days from the date of entry of this Consent Order, Defendants shall
develop and submit to Plaintiffs, with respect to the Subject Property, objective, uniform,
nondiscriminatory standards and procedures for informing persons about and showing available
dwelling units to prospective tenants. Such standards and procedures shall be approved by
Plaintiffs in advance of their implementation and shall be consistent with the provisions of this
Section. Within 5 days of Plaintiffs' approval of the standards and procedures, Defendants shall
implement and prominently display them in any office where there is rental activity and/or
personal contact with applicants. Defendants and their agents and employees shall make
available a copy of these standards and procedures upon request to any applicant for the rental of
a dwelling. These standards and procedures may be modified only if written notice is given to
counsel for Plaintiffs 30 days before the proposed modifications are to take effect and Plaintiffs
make no objection thereto.
23. The nondiscriminatory standards and procedures discussed in Paragraph 22 shall
include the use of the following documents, which Defendants shall update for the Subject
Property as new information becomes available, and retain:
a. Guest Cards: Defendants shall ensure that, for all prospective tenants who
inquire in person about dwelling units, a Guest Card or other similar
record is completed, either by the prospective tenant and/or Defendants,
which contains:
i. The date of the prospective tenant's visit and, unless the
8
Case 1:15-cv-02462-PAB-CBS Document 45-1 Entered 07/08/16 USDC Colorado Page 9 of 29
prospective tenant refuses to provide the information, the
prospective tenant's name, address, daytime, and evening
telephone numbers;
ii. The familial status of the prospective tenant, based on the good
faith observation by the Defendants, employee, or agent, or on
information provided by the prospective tenant, if offered;
iii. The dwelling type the prospective tenant requests;
iv. Whether the prospective tenant agreed to rent and the date on
which the prospective tenant wishes to move in;
v. Whether the prospective tenant was invited to see available
dwelling units, and if not invited, an explanation why not; and
vi. The number(s) of the unit(s) the prospective tenant was invited to
see;
vii. The names of all employees/agents who assisted the prospective
tenant.
b. Phone Logs: Defendants shall maintain, for all prospective tenants who
inquire by telephone about dwelling units, a phone log that contains the following
information:
i. The date of the prospective tenant's phone call and, if the
prospective tenant agrees to provide the information, the
prospective tenant's name and telephone number(s);
ii. The dwelling type the prospective tenant requests;
iii. Whether the prospective tenant was invited to see available
9
Case 1:15-cv-02462-PAB.-CBS Document 45-1 Entered 08/08/16 USDC Colorado Page 10 of 29
dwelling units, and if not invited, an explanation why not;
iv. The date and time on which the prospective tenant is expected to
view the dwellings;
v. Whether the prospective tenant agreed to rent and the date on which
the prospective tenant wishes to move; and
vi. The names of all employees/agents who assisted the prospective
tenant.
c. Availabilitv List: Defendants shall maintain and timely update an
Availability List that includes the unit or lot numbers known to be available or
reasonably expected to be available for rental. Defendants, or the Defendants'
agents or employees, shall share the infonnation on the Availability List with
each person who visits or calls to inquire about the availability of dwelling units.
d. Waiting Lists: Defendants, or the Defendants' agents or employees, shall
maintain waiting lists in order of the date a request to rent was conmmunicated and
develop uniform, nondiscriminatory standards for selecting individuals from the
list.
VI. Compliance Testing
24. The United States may take steps to monitor the Defendants' compliance with this
Consent Order including, but not limited to, conducting fair housing tests at the Subject Property
and/or any office(s) or location(s) at which the Defendants conduct rental activities.
10
Case 1:15-cv-02462-PAB-CBS Document 45-1 Entered 08/08/16 USDC Colorado Page 11 of 29
VII. Reporting and Document Retention Requirements
25. Defendants shall, no later than 15 days after occurrence, provide to the Plaintiffs
notification and documentation of any written or oral complaint against Defendants, or
Defendants' agents or employees, regarding discrimination in housing. If the complaint is in
writing, Defendants shall provide a copy of it with the notification. The notification shall
include the full details of the complaint, including the complainant's name, address, and
telephone number. Defendants shall also promptly provide to Plaintiffs all information it may
request concerning any such complaint and shall inform Plaintiffs within 15 days of any
resolution of such complaint.
26. Within 90 days of the date of entry of this Consent Order, and every 6 months
thereafter for the duration of this Consent Order, the Defendants shall deliver to counsel for
Plaintiffs a report containing information regarding their compliance efforts during the preceding
reporting period, including but not limited to:
a. Any executed copies of Appendices B and C, not previously provided;
1 All correspondence required to be sent to the United States under the provisions of this Consent Order
shall be sent to the U.S. Department of Justice, care of the undersigned counsel for the United States,
ATTN: DJ# 175-13-155, at the following addresses:
U.S. Mail: 950 Pennsylvania Avenue, N.W. -NWB
Washington, D.C. 20530
FedEx/UPS: 1800 G Street, N.W.
Suite 7002
Washington, D.C. 20006
Correspondence may also be sent via electronic mail to the U.S. Department of Justice, care of the
undersigned counsel for the United States.
Unless otherwise specified, all correspondence required to be sent to Plaintiff DMFHC under the
provisions of this Consent Order shall be sent to: Relman, Dane & Colfax, c/o Glenn Schaltus and
Jia Cobb, 1225 19th Street NW, Suite 600, Washington, D.C., 20036.
11
Case 1:15-cv-02462-PAB-CBS Document 45-1 Entered 08/08/16 USDC Colorado Page 12 of 29
b. Notification and documentation of the adoption and implementation of the
nondiscriminatory standards and procedures discussed in Section V;
c. Photographs of each office in which rental activity is conducted, showing
the fair housing signs and Nondiscrimination Standards and Procedures,
pursuant to Sections III and V of this Consent Order;
d. Copies of rental applications, guest cards, availability lists, rental
applications, and other information recorded by any means related to any
inquiries regarding the availability ofrental dwellings, maintained
pursuant to Section V of this Consent Order;
e. Any published adve1iisements pursuant to Paragraph l 7(b ).
The final report to Plaintiffs shall be submitted no later than 60 days before the expiration of this
Order.
27. Defendants shall preserve all records for the Subject Property that are the source
of, contain, or relate to any of the information pertinent to their obligations under this Consent
Order, including, but not limited to, all guest cards, availability lists, waiting lists, rental
applications, leases, and any correspondence about the availability of dwelling units. Upon
reasonable notice to counsel for Defendants, representatives of Plaintiffs shall be permitted to
inspect and copy all such records at any and all reasonable times or, upon request by Plaintiffs,
Defendants shall provide copies of such documents.
12
Case 1:15-cv-02462-PAB-CBS Document 45-1 Entered 08/08/16 USDC Colorado Page 13 of 29
VIII. Monetary Damages for PlaintiffDMFHC and Aggrieved Persons
28. Defendants shall pay the total sum of$45,000, which includes monetary damages
and attorneys' fees, to DMFHC. This amount shall be paid in three checks, according to the
schedule provided in Paragraph 31, to Reiman, Dane & Colfax IOLTA Account, deliverable to
Reiman, Dane & Colfax, 1225 19th Street NW, Suite 600, Washington, D.C., 20036.
29. Upon receipt of the payment described above, DMFHC and Defendants shall
exchange signed releases in the form of Appendices F and G.
30. Defendants shall deposit in an interest-bearing escrow account the total sum of
$25,000, according to the schedule provided in Paragraph 31, for the purpose of compensating
aggrieved persons whom the Court determines were harmed by the Defendants' discriminatory
rental practices (hereinafter "aggrieved persons"). This money shall be referred to as "the
Settlement Fund."
31. Defendants shall make payments to DMFHC and deposit money in the interestbearing
escrow account for purposes of the Settlement Fund according to the following schedule:
a. Within two business days after the date of entry of this Consent Order,
Defendants shall pay $5,000 to DMFHC.
b. Within 30 days after the date of entry of this Consent Order, Defendants
shall pay $10,000 to DMFHC and deposit $10,000 into the Settlement
Fund account.
c. Within 90 days after the date of entry of this Consent Order, Defendants
shall pay the remaining balance of $30,000 to DMFHC and deposit
$15,000 into the Settlement Fund account.
13
Case 1:15-cv-02462-PAB-CBS Document 45-1 Entered 08/08/16 USDC Colorado Page 14 of 29
32. Within five days of the establishment of the Settlement Fund, Defendants shall
submit proof to the United States that this account has been established and the funds deposited.
Any interest accuring to the Settlement Fund shall become a part of the Settlement Fund and be
utilized as set forth herein.
33. Within five days of the second deposit into the Settlement Fund account,
Defendants shall submit proof to the United States that the second deposit was made, according
to the schedule provided in Paragraph 31.
34. Defendants shall be solely responsible for any taxes assessed or owed on any
interest earned on money deposited pursuant to Paragraph 30.
35. Within fifteen (15) days after the date of this Consent Order, Defendants shall
distribute to all tenants of properties at Westland Apartments, 9905 W. 21st Ave., Lakewood,
CO 80215, a Notice to Potential Aggrieved Persons ("Notice"), as set out in Appendix D.
Within ten (10) days after such copies of the Notice have been delivered, Defendants shall
provide the United States a signed statement attesting to the fact that it has complied with this
provision of the Consent Order.
36. Within fifteen (15) days of the effective date of this Consent Order, Defendants
shall arrange and publish the Notice as follows:
a. The Notice shall be published at least four times, in each of the following
publications, for a total of at least 12 ads: Golden Transcript; Wheat Ridge
Transcript; and Lakewood Sentinel. The Notice shall be published in a
space measuring at least one-quarter (114) of a page.
b. Each Notice shall include the infonnation set f01th in Appendix D, and
14
Case 1:15-cv-02462-PAB-CBS Document 45-1 Entered 08/08/16 USDC Colorado Page 15 of 29
also contain a statement that the United States seeks information from any
person who claims to have been subjected to familial status discrimination
either as a tenant or applicant to the Subject Property and invite such
persons to contact counsel for the United States within one hundred
twenty (120) days from the effective date of this Consent Decree.
c. Defendants shall provide a copy of the publication containing each such
Notice to counsel for the United States within ten (10) days of the date of
publication of the Notice.
37. To the extent that such records have not already been produced to the United
States, Defendants shall produce any rental/tenancy records, or any other records in the
possession, custody, or control of the Defendants, or their agents or employees, to the United
States that will be useful in identifying persons who may be entitled to relief under this Consent
Order. Defendants shall provide such rental/tenancy records through counsel for Defendants
within 30 days of the effective date of this Consent Order.
38. Nothing in this Consent Order shall preclude the United States from making its
own efforts to identify and provide notice to potential aggrieved persons, including, as necessary,
visiting the Subject Property.
39. Within 250 days from the end of this Consent Order, the United States shall
make a preliminary determination of which persons are aggrieved and an appropriate amount of
damages that should be paid to each such person. The United States will inform the Defendants
in writing of its determinations, together with a sworn declaration from each person setting forth
the factual basis for the claim. Defendants shall have 14 days to review the declaration(s) and
provide to the United States any documents or infonnation they believe may refute the claim(s).
15
Case 1:15-cv-02462-PAB-CBS Document 45-1 Entered 08/08/16 USDC Colorado Page 16 of 29
40. After reviewing Defendants' c01runents, the United States shall submit its final
reccomendations, together with a copy of the declarations submitted by the aggrieved persons
and any information submitted by Defendants, to the Court. However, if the Defendants agree
with the United States' recommendations, the recommendation shall be submitted to the Court in
the form of a Stipulated Order. When the Court issues an order approving or changing the
United States' proposed distribution of funds, Defendants shall, within 10 days of the date of
entry of the Court's order, deliver to counsel for the United States, by overnight mail, checks
payable to the aggrieved persons in the amounts approved by the Court, provided that the United
States shall not deliver payment pursuant to this paragraph before the aggrieved person has
executed and provided to counsel for the United States a written release (in the form of
Appendix E) of all claims, legal or equitable, that he or she might have against Defendants.
41. In no event shall the aggregate of all such checks exceed the sum of the
Settlement Fund plus accrued interest.
42. After the satisfaction of Paragraphs 30-41 above, and the expiration of the
corresponding time periods, any money remaining in the Settlement Fund, including interest,
shall be distributed to (a) qualified, non-profit organization(s) for the purpose of conducting
enforcement or educational activities related to the Fair Housing Act in Jefferson County,
Colorado and the surrounding area, with an emphasis on the protection of the rights of families
with children. Before selecting the qualified organization(s), Defendants will obtain a proposal
from the organization(s) addressing how the funds will be used consistent with the above-stated
purpose. Defendants will submit such proposal to the United States, and consult with and obtain
the non-objection of the United States. The United States and Defendants may request
modification of the proposal before approving the organization(s). The pmiies shall thereafter
16
Case 1:15-cv-02462-PAB-CBS Document 45-1 Entered 08/08/16 USDC Colorado Page 17 of 29
seek approval from the Court to distribute the remaining funds to the qualified organization( s ),
and Defendants shall distribute such funds within 30 days of the Court's order consistent with
the terms therein.
43. Defendants shall also require that the qualified organization( s) receiving funds
submit to Defendants and the United States a detailed report on how the funds have been utilized
within one year of receipt of funds, and every year thereafter until the funds are exhausted.
IX. Civil Penalty
44. Within two business days after the date of entry of this Consent Order,
Defendants shall pay a total of $5,000 to the United States as a civil penalty, pursuant to 42
U.S.C. § 3614(d)(l)(C). This payment shall be in the form of an electronic funds transfer
pursuant to written instructions from the United States.
45. The civil penalty payment referenced in this Section is a debt for a fine, penalty,
or forfeiture payable to and for the benefit of the United States within the meaning of
11 U.S.C. § 523(a)(7), and is not compensation for actual pecuniary loss.
X. Acquisition or Transfer of Interest in Dwellings
46. If at any time while this Consent Order remains in effect, Defendants Roger and
Eileen Loecher maintain that their obligations under this Consent Order have terminated or
changed because they have sold or transferred all or any portion of the Subject Property to a
bona-fide third party purchaser in an arm's-length transaction, Defendants Roger and Eileen
Loecher shall inform Plaintiffs within 30 days of such transaction and provide the date of the sale
or transfer, copies of the sale or transfer docmnents, m1d the nmne( s) and contact information for
the subsequent purchaser.
17
Case 1:15-cv-02462-PAB-CBS Document 45-1 Entered 08/08/16 USDC Colorado Page 18 of 29
47. If any transfer of Defendants Roger and Eileen Loecher' s interest in the Subject
Property is not an arm's-length transaction, Defendants Roger and Eileen Loecher and the new
owner(s) shall be jointly and severally liable for any violations of this Consent Order.
XI. Duration, Modification, and Non-compliance with Consent Order
48. The Court shall retain jurisdiction for the duration of this Consent Order to
enforce its terms, after which time the case shall be dismissed with prejudice. This Consent
Order shall be in effect for a period of three years from the date of its entry. Plaintiffs may move
the Court to extend the duration of the Consent Order in the event of noncompliance, whether
intentional or not, with any of its terms, or if it believes the interests of justice so require.
49. By agreeing to entry of this Consent Order, the parties agree that in the event
Defendants engages in any future violation(s) of the Fair Housing Act, such violation(s) shall
constitute a "subsequent violation" pursuant to 42 U.S.C.
§ 3614(d)(l)(C)(ii). This provision applies to any future violation, whether resolved voluntarily
or through judicial proceedings.
50. The parties shall endeavor in good faith to resolve informally any differences
regarding interpretation of and compliance with this Consent Order prior to bringing such
matters to the Court for resolution. However, in the event Plaintiffs contend that Defendants
have failed to perform any act required by this Consent Order in a timely manner, or have
otherwise violated any provision thereof, Plaintiffs may move, after good faith conferral with
Defendants, this Court to impose any remedy authorized by law or equity, including, but not
limited to, an order requiring performance of such act and an award of any damages, costs, and
reasonable attorneys' fees which may have been occasioned by the violation or failure to
perform.
18
Case 1:15-cv-02462-PAB-CBS Document 45-1 Entered 0/08/16 USDC Colorado Page 19 of 29
51. Any time limits for performance imposed by this Consent Order may be extended
by mutual written agreement of the parties.
XII. Effect on Litigation Holds
52. The parties agree that, as of the date of entry of this Consent Order, litigation is
not reasonably foreseeable concerning the matters described herein. To the extent that any party
previously implemented a litigation hold to preserve documents, electronically stored
information, or things related to the matters described in this Consent Order, the party is no
longer required to maintain such a litigation hold.
53. The preceding paragraph does not relieve Defendants of the record-keeping
responsibilities imposed by this Consent Order.
XIV. Costs of Litigation
54. Defendants will bear their own costs and attorneys' fees associated with this
litigation.
IT IS SO ORDERED, Dated: ____ , 2016
United States District Judge
19
Case 1:15-cv-02462-PAB-CBS Document 45-1 Entered 08/08/16 USDC Colorado Page 20 of 29
For the United States of America
JOHN F. WALSH
United States Attorney
District of Colorado
sl Zeven J. Wu
ZEYEN J. WU
Assistant United States Attorney
1225 Seventeenth Street, Suite 700
Denver, CO 80202
Tel: (303) 454-0100
Fax: (303) 454-0404
zeyen.wu@usdoj.gov
VANITA GUPTA
Principal Deputy Assistant Attorney General
Civil Rights Division
sl Oneshia S. Herring
SAMEENA SHINA MAJEED
Chief
CATHERINE A. BENDOR
Deputy Chief
ONESHIA S. HERRING
Trial Attorney
United States Department of Justice
Civil Rights Division
Housing and Civil Enforcement Section
950 Pennsylvania Avenue, N.W.
Norhwestern Building, 7th Floor
Washington, D.C. 20530
Tel: (202) 353-4132
Fax: (202) 514-1116
oneshia.herring@usdoj.gov
For Plaintiff Denver Metro Fair Housing Center
s/Jia M. Cobb
GLENN SCHLACTUS
JIA M. COBB
Reiman, Dane & Colfax
1225 19th Street NW, Suite 600
Washington, D.C. 20036
Tel: (202) 728-1888
Fax: (202) 728-2848
gschlactus@relmanlaw.com
jcobb@relmanlaw.com
AMY F. ROBERTSON
Civil Rights Education and Enforcement Center
104 Broadway, Suite 400
Denver, CO 80203
Tel: (303) 757-7901
arobertson@creeclaw.org
20
Case 1:15-cv-02462-PAB-CBS Document 45-1 Entered 08/08/16 USDC Colorado Page 21 of 29
For Defendants Roger P. Loecher and Eileen F. Loecher
sf Lance Isaac
LANCE ELDON ISAAC
1980 South Quebec Street, Suite 207
Denver, CO 80231
Tel: (303) 996-9888
Fax: (720) 398-3334
lancelaw@msn.com
For Defendant Miriam Yehudah
s/ Todd Narum
DALE PARRISH
TODD NARUM
Edward Dale Parrish, LLC
1600 Jackson Street, Suite 190
Golden, CO 80401
Tel: (303) 279-4900
Fax: (303) 279-4904
dale@panishlaw.co
todd@parrishlaw.co
21
Case 1:15-cv-02462-PAB-CBS Document 45-1 Entered 08/08/16 USDC Colorado Page 22 of 29
APPENDIX A
NONDISCRIMINATION POLICY
It is the policy of Westland Apartments to comply with Title VIII of the Civil Rights Act
of 1968, as amended, commonly known as the Fair Housing Act, by ensuring that apartments are
available to all persons without regard to race, color, religion, national origin, disability, familial
status, or sex. This policy means that, among other things, Westland Apartments and all of its
agents and employees with the responsibility for renting, managing, or administering any
dwelling units must not discriminate in any aspect of the rental of dwellings against qualified
applicants or tenants. Specifically, they may not:
A. Refuse to rent, refuse to negotiate for the rental of, or otherwise make unavailable
or deny, a dwelling to any person because of race, color, religion, sex, national
origin, disability, or familial status (residing with children under 18);
B. Discriminate against any person in the terms, conditions or privileges of rental of
a dwelling, or in the provision of services or facilities in connection therewith,
because of race, color, religion, national origin, disability, familial status, or sex;
C. Make, print, or publish, or cause 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, color, religion,
national origin, disability, familial status, or sex; or
D. Represent to persons because of race, color, religion, national origin, disability,
familial status, or sex that any dwelling is not available for inspection or rental
when such dwelling is in fact so available.
Any agent or employee who fails to comply with this Nondiscrimination Policy will be
subject to appropriate disciplinary action. Any action taken by an agent or employee that results
in unequal service to, treatment of, or behavior toward tenants or actual or potential applicants on
the basis of race, color, religion, national origin, disability, familial status, or sex may constitute
a violation of state and federal fair housing laws. Any tenant or applicant who believes that any
of the above policies have been violated by any owner, agent, or employee may contact the U.S.
Department of Housing and Urban Development at 1-800-669-9777, or the U.S. Department of
Justice at 1-800-896-7743 or 202-514-4713.
22
Case 1:15-cv-02462-PAB-CBS Document 45-1 Entered 08/08/16 USDC Colorado Page 23 ot 29
APPENDIX B
ACKNOWLEDGMENT OF RECEIPT OF CONSENT ORDER AND
NONDISCRIMINATION POLICY
I aclmowledge that on __________ , 20__, I was provided a copy of the
Consent Order entered by the Comt in United States v. Roger P. Loecher, Eileen F. Loecher, and
Miriam Yehudah, Case No. 1:15-cv-02462-PAB-CBS (D. Colo.). I was also provided a copy of
the Nondiscrimination Policy adopted by the Subject Property pmsuant thereto. I have read and
understand these documents and have had my questions about these documents answered. I
understand my legal responsibilities and shall comply with those responsibilities.
Signature
Print Name
Job Title/Position
Date
23
Case 1:15-cv-02462-PAB-CBS Document 45-1 Entered 08/08/16 USDC Colorado Page 24 of 29
APPENDIX C
EMPLOYEE TRAINING ACKNOWLEDGMENT
I acknowledge that on __________ , 20__, I received __ _
minutes of in-person training on the requirements of the Fair Housing Act.
Signature
Print Name
Job Title/Position
Date
24
Case 1:15-cv-02462-PAB-CBS Document 45-1 Entered 08/08/16 USDC Colorado Page 25 of 29
APPENDIX D
NOTICE TO POTENTIAL AGGRIEVED PERSONS
On [ ] , the United States District Comi for District of Colorado entered a
Consent Order resolving a lawsuit brought by the United States against Roger P. Loecher, Eileen
F. Loecher, and Miriam Yehudah, concerning alleged housing discrimination at Westland
Apartments ("Westland"), located at 9905 W. 21st Ave., Lakewood, CO 80215. The lawsuit
alleged that the owners and manager of Westland violated the Fair Housing Act by treating
individuals with children living with them who visit the complex and inquire about renting
apartments, and individuals with children who live in the complex, less favorably than
individuals who do not have children living with them. The Consent Order requires, among
other things, that the Defendants provide accurate information about all available apartments at
Westland without regard to familial status and make such apartments available to any eligible
renter as required by the Fair Housing Act.
The Consent Decree also establishes a Settlement Fund to make payments to compensate
persons who are victims of this type of alleged discrimination. You may be entitled to a
monetary award from the Settlement Fund if you (1) are an individual with children; (2) sought
to live at Westland Apartments; and (3) were denied the opportunity to live at Westland
Apartments and/or steered to the back building of the property.
If you believe you may be a victim based on the above criteria, or if you have information
about someone else whom you believe may qualify, please contact the United States Department
of Justice, no later than __________ , at: 1-800-896-7743 and select menu option
92. You may also send an e-mail to fairhousing@lJsdoj.gov or write to:
25
Case 1:15-cv-02462-PAB-CBS Document 45-1 Entered 08/08/16 USDC Colorado Page 26 of 29
United States Department of Justice
Civil Rights Division
Housing and Civil Enforcement Section
1800 G Street, N.W., Suite 7002
Washington, D.C. 20006
Attn: DJ# 175-13-155
Your telephone message or letter must include your name, address, and, if possible, your e-mail
address and at least TWO telephone numbers where you may be reached.
26
Case 1:15-cv-02462-PAB-CBS Document 45-1 Entered 8/08/16 USDC Colorado Page 27 of 29
APPENDIX E
FULL AND FINAL RELEASE OF CLAIMS
In consideration for the parties' agreement to the terms of the Consent Order they entered
into in the case of United States v. Roger P. Loecher, Eileen F. Loecher, and Miriam Yehudah,
Case No. 1: 15-cv-02462-PAB-CBS, as approved by the United States District Court for the
District of Colorado, and in consideration for the payment of $ __________ I,
_________________________do hereby fully release and forever discharge Roger P. Loecher,
Eileen F. Loecher, and Miriman Yehudah from any and all fair housing claims set forth or related
to the facts at issue in the litigation referenced above at the Subject Property or in any way
related to that litigation, and any other claims arising from alleged housing discrimination that I
may have had against any of them for any actions or statements related to those claims through
the date of the entry of the Consent Order.
I declare under penalty of pe1jury that the foregoing is true and correct.
Executed this ____ day of ___________, 20 .
[Signature]
[Print Name]
27
Case 1:15-cv-02462-PAB-CBS Document 45-1 Entered 08/08/16 USDC Colorado Page 28 of 29
APPENDIX F
FULL AND FINAL RELEASE OF CLAIMS BY DMFHC
In consideration for the patties' agreement to the terms of the Consent Order they entered
into in the case of United States v. Roger P. Loecher, Eileen F. Loecher, and Miriam Yehudah,
Case No. I: l 5-cv-02462-P AB-CBS, United States District Court for the District of Colorado,
and in consideration for the payment of $ _____________ I,_____________________________
do hereby fully release and forever discharge Roger P. Loecher, Eileen F. Loecher, and Miriam
Yehudah along with their past and present insurers, attorneys, related companies, principals,
predecessors, successors, assigns, affiliates, partners, directors, officers, agents, employers,
shareholders, subsidiaries, employees, heirs, executors, and administrators and any person acting
under their respective direction or control from any and all claims, legal, equitable, or otherwise
that I may have against them through the date I sign this release, including claims for damages
(both compensatory and punitive), costs, fines, and attorneys' fees, with the exception of any
action regarding enforcement of the above-referenced Consent Order.
I declare under penalty of perjury that the foregoing is true and correct.
Executed this _____ day of ________ , 20___.
[Signature] for Denver Metro Fair Housing Center
[Print Name]
28
Case 1:15-cv-02462-PAB-CBS Document 45-1 Entered 08/08/16 USDC Colorado Page 29 of 29
APPENDIX G
FULL AND FINAL RELEASE OF CLAIMS BY DEFENDANTS
In consideration for the parties' agreement to the terms of the Consent Order they entered
into in the case of United States v. Roger P. Loecher, Eileen F. Loecher, and Miriam Yehudah,
Case No. 1:15-cv-02462-PAB-CBS, United States District Court for the District of Colorado,
Roger P. Loecher, Eileen F. Loecher, and Miriam Yehudah (collectively "Defendants") do
hereby fully release and forever discharge the Denver Metro Fair Housing Center along with
their past and present insurers, attorneys, related companies, principals, predecessors, successors,
assigns, affiliates, partners, directors, officers, agents, employers, shareholders, subsidiaries,
employees, heirs, executors, and administrators and any person acting under their respective
direction or control from any and all claims, legal, equitable, or otherwise that I may have
against them through the date I sign this release, with the exception of any action regarding
enforcement of the above-referenced Consent Order.
I declare under penalty of perjury that the foregoing is true and correct.
Executed this ____ day of ____________, 20___.
[Signature]
for Defendants Roger P. and Eileen F. Loecher
[Print Name]
[Signature]
for Defendant Miriam Yehudah
[Print Name]
29