SOUTHERN DISTRICT OF ILLINOIS
United States of America,
Civil Action No.
On October 20, 2000, the United States commenced this action on behalf of Ms. Wanakee Holman against Defendants Dennis Fournie, the owner, and Patrick Daniels ("Defendants"), the property manager of 62 Hillside Lane, Belleville, Illinois.
The Complaint was filed pursuant to the Fair Housing Act, as amended, 42 U.S.C. §3612(o), after the Secretary of the Department of Housing and Urban Development ("HUD") conducted an investigation, attempted conciliation without success, determined that reasonable cause existed to believe that a discriminatory housing practice had occurred, and issued charges of discrimination against Defendants Dennis Fournie and Patrick Daniels. The Defendants elected to have this matter resolved in a federal civil action pursuant to 42 U.S.C. §3612(a).
The Complaint alleges that the Defendants discriminated against Ms. Holman on the basis of her race or color by violating Section 804 of the Fair Housing Act, which makes it illegal to commit either of the following housing practices: refusing to rent or otherwise making a dwelling unavailable, because of race or color, 42 U.S.C. § 3604(a), or representing that any dwelling is not available to rent, sell, or inspect, when such dwelling is in fact so available, because of race or color. 42 U.S.C. § 3604(d). The Defendants deny the allegations.
The parties desire to avoid costly and protracted litigation and agree that this action should be resolved by settlement, without a trial or other evidentiary hearing. Accordingly, the parties agree to the entry of this Consent Order, as indicated by the signatures appearing below.
Accordingly, it is ORDERED, ADJUDGED, and DECREED that:
- PROHIBITORY INJUNCTION
Defendants Dennis Fournie and Patrick Daniels, their employees, partners, agents, successors and assigns, and all those acting in concert or participation with them in the ownership, operation, or management of housing, are hereby permanently enjoined from:
- Refusing to rent, or otherwise making unavailable, any dwelling to any person because of the race or color of such person or his or her guest(s), family, or friend(s);
- Representing that any dwelling is not available to rent, sell, or inspect, when such dwelling is in fact so available, because of the race or color of such person; and
- Otherwise taking any action in violation of the Fair Housing Act, as amended, 42 U.S.C. § 3601 et seq.
- OTHER RELIEF
Defendants, their employees, agents, assigns, anyone acting under their direction and all those acting in concert or participation with any of them shall take the following measures in order to ensure compliance with all state and federal fair housing laws and to ensure that, in the future, all residential rental properties owned or operated by them will be made available for rental on an equal basis and under the same terms and conditions to all persons:
- Advertising of Residential Rental Property
- During the term of this Order, if any residential rental property owned by Defendant Dennis Fournie, in whole or in part, becomes available for rent, Defendant Fournie shall advertise that vacancy in a newspaper of general circulation in the Belleville, Illinois area. Defendant Fournie shall be solely responsible for any costs associated with such advertising;
- During the term of this Order, Defendant Dennis Fournie and Patrick Daniels shall ensure that the words "Equal Housing Opportunity" are included in all newspaper advertising for any residential rental property owned by them in whole or in part. The words "Equal Housing Opportunity" shall be prominently placed and easily legible; and
- During the term of this Order, Defendant Fournie shall provide the United States with photocopies or photographs of all advertising for any residential rental property owned by him in whole or in part. Such photocopies or photographs shall be of a quality such that the words "Equal Housing Opportunity" shall be legible.
- Notice of Non-discrimination Policies
- Distribute to each tenant at, and every applicant for tenancy at, any properties owned or managed by Defendants, a copy of the non-discrimination policy set forth at Exhibit A and/or a copy of the HUD pamphlet entitled "Are you a victim of housing discrimination?" (HUD official form 903.1) (1); and
- Post, in each residential property owned or managed by Defendant Fournie, an official HUD "Equal Housing Opportunity" poster (HUD form 928) by or in the manager's office or in a prominent location where it may be seen by tenants and prospective tenants.
- Education and Training
- Within sixty (60) days after the entry of this Order, any and all agents or employees of Defendant Fournie, with responsibility for, or who participate in, showing, renting, or managing dwelling units at any residential property owned or managed by that Defendant, shall complete an educational program on their obligations under the federal Fair Housing Act and applicable state and local non-discrimination laws. This training shall be conducted by the Metropolitan St. Louis, EHOC (2). Defendants shall bear all expenses associated with this training. Defendant Fournie shall obtain a statement from Metropolitan St. Louis, EHOC certifying the attendance of each person who completes such training;
- Within thirty (30) days from the date of entry of this Order, Defendant Fournie and each employee or agent of the Defendant who is involved in the rental of dwellings owned in whole or in part or operated by Defendant, shall execute a statement, in the form of Exhibit B attached hereto, verifying that he or she understands his or her legal responsibilities under the Fair Housing Act, as amended; and
- If Defendant Fournie employs or otherwise contracts with any other person to assist in the rental of any dwelling owned or operated by Defendants during the term of this Order, Defendants shall, within ten (10) days of entering into such a relationship:
- instruct any such person in writing that all rentals shall be in accordance with the Fair Housing Act, as amended, and that all dwellings must be rented to any qualified prospective purchaser without regard to his or her race or color; and
- each such employee or agent shall execute a statement, in the form of Exhibit B attached hereto, verifying that he or she understands his or her legal responsibilities under the Fair Housing Act, as amended.
- Rental Procedures
- As of the date of this Order, Defendant Fournie shall adopt and implement objective, uniform, and non-discriminatory procedures and criteria for the receipt and handling of rental inquiries, the processing of applications, the establishment of waiting lists (if any), and the approval of applicants for the rental of available dwellings and/or positions on waiting lists (if any). A copy of these procedures and criteria shall be made available upon request to any person applying for such rental unit.
- As of the date of this Order, Defendant Fournie shall inform all persons who appear in person to rent a residential rental unit about the procedures and criteria as follows:
- provide a copy of the procedures and criteria to all persons who complete a lease application or request a copy of the procedures and criteria in person at the rental office; and
- inform prospective applicants who inquire about renting dwellings of available units owned or managed by the defendants in the area, if any, and if none are available, about the availability of a waiting list.
- RELIEF FOR AGGRIEVED PERSON
- Within twenty (20) days after the entry of this Order, Defendants Dennis Fournie and Patrick Daniels shall make a monetary disbursement, by certified check, in the sum of thirty thousand dollars ($30,000.00) payable to "Wanakee Holman." All disbursements shall be sent by certified mail to the United States Department of Justice, Civil Rights Division, Housing and Civil Enforcement Section, DJ # 175-25-86, Post Office Box 65998, Washington, D.C. 20035-5998;
- In consideration of the aforementioned payment to Wanakee Holman of Thirty Thousand Dollars ($30,000.00), Ms. Holmam shall execute a release, substantially in the form annexed hereto as Exhibit C; and
- Upon receipt of both the monies referenced in ¶ III-1 above and the release referenced in ¶ III-2 above, the United States shall forward the monies referenced in ¶ III-1 to Ms. Holman, and shall forward the release referenced in ¶ III-2 to the Defendants.
- During the term of this Order, Defendants shall advise the United States by written notice within fifteen (15) days of receipt of any written or oral complaint, regarding equal opportunity in housing against them, their employees, partners, agents, successors or assigns, or anyone acting in concert or participation with them, and a description of the resolution of such complaint. If the complaint is written, Defendants shall provide a copy of it with the notice to the United States; if the complaint is oral, they shall include a written summary of it with the notice. The notice shall include the full details of the complaint, including the complainant's name, address, and telephone number. Defendants shall also promptly provide the United States all information it may request concerning any such complaint and its actual or attempted resolution;
- During the term of this Order, Defendants shall keep a record of the name, address, telephone number, race or color, start date of the rental, and (where applicable) ending date of rental, of each renter of any residential rental property owned by them in whole or in part. If the race or color of a person is unclear, Defendants shall record the information to the extent possible based on their good-faith observation and belief;
- During the term of this Order, if any residential rental property owned or managed by Defendant Dennis Fournie, in whole or in part, becomes available for rent, Defendant shall keep a record of the name, telephone number, race or color of all persons who inquire in person about renting the property. If the race or color of a person is unclear, Defendant shall record the information to the extent possible based on his good-faith belief. An example of an Inquiry Log is attached at Exhibit D;
- Semi-annually after the entry of this Order until the expiration of this Order, Defendant Dennis Fournie shall report to the United States the information he has recorded under ¶¶ IV-2 and IV-3 above; and
- During the term of this Order, Defendant Patrick Daniels shall report the information he has recorded as required under ¶ IV-2 above.
- NOTICE PROVISION
Whenever pursuant to this Order any document, statement, communication, or check shall be sent to a party, the following addresses shall be used:
If to the United States:
U.S. Department of Justice
Civil Rights Division
Housing and Civil Enforcement Section
ATTN: DJ # 175-25-86
P.O. Box 65998
Washington, DC 20035-5998
fax: (202) 514-1116
If to Defendant Fournie:
Frederick Steiger, Esq.
101 West Vandalia Street
Edwardsville, Il 62025
fax: (618) 656-2112
If to Defendant Daniels:
John L. Gilbert, Esq.
Hinshaw & Culbertson
521 W. Main Street
Belleville, Il 62222
fax: (618) 277-1144
- DISMISSAL AND ENFORCEMENT
- This Order shall remain in effect for two (2) years from the entry of this Order;
- The claims for monetary relief in this action are dismissed with prejudice upon payment of the funds described in Section III of this Order. The claims for injunctive and affirmative relief asserted in this action are dismissed without prejudice, so that this Court shall retain jurisdiction of this action for the purpose of enforcing the ongoing injunction and affirmative relief provisions of Sections I and II of this Order. If no motion to enforce this Order is filed with the Court on or before date the Order expires, this action shall be dismissed with prejudice in its entirety; and
- The United States and the Defendants shall endeavor in good faith to resolve informally any differences regarding the interpretation of and compliance with this Order prior to bringing such matters to the Court for resolution. Where the United States has contacted the Defendants or their counsel in writing in attempt to resolve informally any such differences, and the Defendants or their counsel has not responded within ten (10) days of mailing, the United States has satisfied its good faith obligations. In the event of a violation by Defendants of this Order, the United States may move this Court to impose any remedy authorized by law or equity, including, but not limited to, an order requiring performance of an act or payment of a fine, an award of damages, and an award of any costs that have been occasioned by the violation or the failure to perform.
SO ORDERED this ___ day of July, 2001
JUDGE GERALD B. COHN
UNITED STATES MAGISTRATE JUDGE
Agreed to by the parties as indicated by the signatures appearing below:
|For Defendants:||For Plaintiff United States:|
|DENNIS FOURIE||JOAN A. MAGAGNA |
TIMOTY J. MORAN
KENNETH M. SCOTT
Housing and Civil Enforcement Section
Civil Rights Division
U.S. Department of Justice
P.O. Box 65998
Washington, D.C. 20035-5998
- APPLICANT(S) MUST PROVIDE TWO MOST RECENT PAYCHECK STUBS OR MOST RECENT TAX DOCUMENTATION.
- APPLICANT(S) NET MONTHLY INCOME NEEDS TO BE 3 ½ TO 4 TIMES THE AMOUNT OF THE RENT. (EXAMPLE IF RENT IS $350.00 PER MONTH - $350.00 X 3.5 = $1,225.00)
- SMALL PETS WILL BE CONSIDERED, THIS IS AT THE OWNER'S DISCRETION, NO DOGS OVER 12-15LBS, CATS MUST BE DECLAWED, PETS NEED TO BE NEUTERED - PET DEPOSIT FOR DOGS $500.00, PET DEPOSIT FOR A CAT $600.00.
- BY SIGNING THE APPLICATION FOR TENANCY APPLICANT(S) AGREES TO ALLOW FOURNIE APTS. OR PROPERTY MANAGEMENT CO., INC. TO CHECK PREVIOUS AND CURRENT CREDIT HISTORY AND VERIFY TENANCY RECORD WITH CURRENT OR PREVIOUS LANDLORD, AND VERIFY CURRENT EMPLOYMENT AND NET MONTHLY INCOME.
- FOURNIE APTS. OR PROPERTY MANAGEMENT CO., INC. UNACCEPTABLE CREDIT GUIDELINES: (APPLICANT(S) WILL BE DENIED TENANCY IF ANY OF THE FOLLOWING APPEARS ON THE CREDIT CHECK)
- BANKRUPTCY WITHIN THE LAST YEAR.
- JUDGEMENT(S) FILED AGAINST APPLICANT(S) BY PREVIOUS LANDLORD.
- EXCESSIVE R9 CREDIT RATINGS.
- EXCESSIVE PROFIT AND LOSS WRITE OFFS.
- THERE IS A $20.00 APPLICATION FEE FOR ONE PERSON AND $30.00 APPLICATION FEE FOR TWO PEOPLE. NO APPLICATIONS WILL BE PROCESSED WITHOUT PRIOR PAYMENT.
WE DO BUSINESS IN ACCORDANCE WITH THE FEDERAL FAIR HOUSING LAW. (THE FAIR HOUSING AMENDMENTS ACT OF 1988) IT IS ILLEGAL TO DISCRIMINATE AGAINST ANY PERSON BECAUSE OF RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS(having one or more children under 18), OR NATIONAL ORIGIN IN THE SALE OR RENTAL OF HOUSING OR RESIDENTIAL LOTS, IN ADVERTISING, IN THE FINANCING OF HOUSING, IN THE PROVISION OF REAL ESTATE BROKERAGE SERVICES, & IN THE APPRAISAL OF HOUSING. BLOCKBUSTING IS ALSO ILLEGAL.
APPLICANT(S) HAS READ AND UNDERSTANDS THE ABOVE STATED REQUIREMENTS.
APPLICANT SIGNATURE ________________ DATE ____________
APPLICANT SIGNATURE ________________ DATE ____________
I, ______________________________, hereby acknowledge that I have received copies of and read the Fair Housing Act, 42 U.S.C. §§ 3601-19.
I understand my obligation under the Fair Housing Act not to discriminate on the basis of race, color, national origin, religion, sex or familial status (having one or more children under the age of 18) in making dwellings available for sale or for rental.
I agree to comply with the Fair Housing Act. I fully understand my legal obligations under the Fair Housing Act.
Sworn to and subscribed before me
this ___ day of _______, _____.
My commission expires ___________________.
In consideration for the covenants and agreements made and reflected in the Consent Order entered by the United States District Court for the Southern District of Illinois in the litigation styled United States v. Dennis Fournie et al., Case No. 3:00-vc-849-DRH, and in consideration of payment required to be made to the undersigned under said Consent Order, I, on behalf of my heirs, executors, administrators, successors, assigns, employees and agents, hereby release and forever discharge any and all claims set forth in the Complaint in this action that I may have against Dennis Fournie and/or Patrick Daniels or any of their heirs, executors, administrators, successors, assigns, employees, or agents, for actions and statements related to those claims through the date of this Consent Order.
Signed _____________________ day of _______________, 2001
1. Copies of HUD forms 903.1 and 928 are available free of charge by calling HUD directly at (800) 669-9777.
2. Located at 200 South Hanley Road, Suite 613, St. Louis, MO 63105 - (314)534-5800
Document Entered: August 24, 2001. > >