Consent Order United States v. Loecher (D. Colo.)

Date: 
Monday, August 8, 2016
Document Type: 
Settlement/Consent Decree

 

download pdf

 

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

Updated August 9, 2016