Housing And Civil Enforcement Cases Documents

UNITED STATES OF AMERICA,

          Plaintiff

           and

IDAHO HUMAN RIGHTS
COMMISSION,
          Plaintiff-Intervener,

           v.

VICTORIA MADSEN and
FLOYD MADSEN,                                    CONSENT ORDER

          Defendants.

_____________________________________

On September 12, 2001, the United States commenced this action on behalf of Karen Cox and her adult son, Jason Cox ("Complainants"). At all times relevant to this case, Defendants Victoria Madsen and Floyd Madsen ("Defendants") were owners of the residential rental (Docket No. 2) property known as Pioneer Village Mobile Home Park and located in Weiser, Idaho.

The United States brought its Complaint pursuant to section 812(o) of The Fair Housing Act as amended, 42 U.S.C. § 3612(o). The Complaint alleges that in October 2000, the Defendants rejected the Complainants' application to rent a space in Pioneer Village Mobile Home Park ("Pioneer Village") on the basis of Jason Cox's disability (schizophrenia and/or related conditions or disorders), thus preventing the Complainants from living in Pioneer Village and from purchasing the mobile home of their choice, which was located in Pioneer Village. The Complaint further alleges that, in doing so, the Defendants discriminated against the Complainants by refusing to rent or negotiate for, or otherwise making unavailable or denying, a dwelling on the basis of Jason Cox's disability, in violation of 42 U.S.C. § 3604(f)(1); discriminated in the terms, conditions, or privileges of the rental of a dwelling because of Jason Cox's disability, in violation of 42 U.S.C. § 3604(f)(2); made statements with respect to the rental of a dwelling that indicated a preference, limitation, or discrimination based on handicap, in violation of 42 U.S.C. §3604(c); and interfered with the Complainants in the exercise or enjoyment of rights protected by the Fair Housing Act, in violation of 42 U.S.C. § 3617.

The Idaho Human Rights Commission intervened in this lawsuit as a plaintiff on February 20, 2002, alleging that the Defendants' conduct violated the Idaho Human Rights Act, Idaho Code §§ 67-5901 through 67-5912.

If this case were to proceed to trial, the United States and the Idaho Human Rights Commission would present the following factual evidence in support of their allegations. Karen Cox entered into an agreement to purchase a home located in Pioneer Village; this agreement was contingent on the Defendants approving the Coxes to rent a mobile home space in Pioneer Village. The Complainants began the application process for the mobile home park without incident, and moved from Colorado to Idaho in order to move into the home they had purchased.

However, when the Complainants arrived in Idaho, their application to rent a mobile home space was rejected by Defendants. The Complainants were thus unable to finalize their purchase of the home. The United States and Idaho Human Rights Commission would introduce the testimony of Wayne Stafford, Complainants' real estate agent, in support of their allegations. The Defendants deny the allegations of the United States and the Idaho Human Rights Commission.

The parties agree that, in order to conserve time and expense, the controversy should be resolved without further litigation. Therefore, without a trial or adjudication on the merits, and without admission of liability by the Defendants, the parties have consented to the entry of this Order, as indicated by the signatures appearing below.

After reviewing the terms of this Order, the Court concludes that the entry of this Order comports with the Fair Housing Act, federal law, and the Idaho Human Rights Act.

Accordingly, it is ORDERED, ADJUDGED, and DECREED that:

Defendants, their employees and agents, and all those acting in concert or participation with them are hereby enjoined from:

1. Refusing to rent a dwelling unit, refusing or failing to provide or offer information about a dwelling unit, or otherwise making unavailable or denying a dwelling unit to any person because of disability and/or handicap;
2. Discriminating against any person in the terms, conditions, or privileges of renting a dwelling unit, or in the provision of services or facilities in connection with the rental of a dwelling unit, because of disability and/or handicap;
3. Making, printing, publishing, or causing to be made, printed, or published any notice, statement, or advertisement with respect to the rental of a dwelling unit that states any preference, limitation, or discrimination on the basis of disability and/or handicap;
4. Coercing, intimidating, threatening, or interfering with any person because of his or her exercise or enjoyment of his or her rights under the Fair Housing Act, or his or her aid or encouragement to any other person exercising such rights; and
5. Engaging in any other discriminatory housing practices prohibited by 42 U.S.C. §§ 3601-3619 or by Idaho Code §§ 67-5901 through 67-5912.

A. ADOPTION AND IMPLEMENTATION OF NON-DISCRIMINATORY POLICIES

1. Defendants have adopted, and shall implement in all residential properties they own or manage, the non-discrimination policy set forth at Attachment A.
2. Within thirty (30) days of the entry of this Order, Defendants shall:
   1. Furnish to all employees or agents with responsibility for, or who participate in, showing, renting, or managing dwelling units at any residential property owned or managed by Defendants, a copy of this Order and a copy of the non-discrimination policy set forth at Attachment A;
   2. Secure from each such employee or agent the signed certificate set forth at Attachment B;
   3. 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 Attachment A and a copy of the HUD pamphlet entitled "Are you a victim of housing discrimination?" (HUD official form 903.1)1;
   4. Post, in each residential property owned or managed by Defendants, an official HUD "Equal Housing Opportunity" poster (HUD form 928) ⁽¹⁾ in a prominent location where it may be seen by tenants and prospective tenants; and
   5. Include the Fair Housing logo and the statement "Equal Opportunity / Fair Housing Provider" in all advertisements for dwellings, and comply with the Fair Housing Act advertising guidelines that appear at 24 C.F.R. § 109 (1995 edition), set forth as Attachment C to this Order.
3. During the period in which this Order is in effect, Defendants shall ensure that each new employee or agent with responsibilities relating to the rental or sale of dwelling units shall, within thirty (30) days of the entry of this Order, or ten (10) days of commencing an employment or agency relationship with Defendants, whichever is later, receive a copy of this Order and the non-discrimination policy appearing at Attachment A, and sign the statement appearing at Attachment B indicating that he or she has received and understood these documents.

B. TRAINING

Within sixty (60) days after the entry of this Order or sixty (60) days after the United States furnishes the Defendants' attorney with the name of an approved organization or organizations, whichever is later, any and all agents or employees of Defendants 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 an organization approved by the United States. Defendants shall bear all expenses associated with this training. Defendants shall obtain a statement from the organization(s) conducting the training certifying the attendance of each person who completes such training.

C. REPORTING REQUIREMENTS

1. Within thirty (30) days after the entry of this Order, the Defendants shall deliver to counsel for the United Slates an initial report listing the names of all current tenants; their dates of tenancy; the disability, if any is known to Defendants, of each tenant; and the respective addresses and lot numbers of the units.
2. Every six (6) months after the entry of this Order, for a period of three (3) years, the Defendants shall deliver to counsel for the United States a report containing the following information:
   1. Copies of all signed statements secured pursuant to Section II.A above;
   2. An Occupancy Report for all residential rental units owned by the Defendants. That Report shall include the dates of tenancy and the names and of all tenants who moved into such units during the reported period;
   3. the disability (if any) of all such tenants;
   4. and the respective addresses of such units;
   5. For all prospective tenants who inquire about such units, whether in person or by telephone: a list of the name, address and telephone number of each person inquiring; the disability, if any is known to Defendants, of each person inquiring; and the date of each inquiry.
3. Defendants shall also advise counsel for the United States and counsel for the Idaho Human Rights Commission in writing within thirty (30) days of receipt of any written complaint against the Defendants, or against any of the Defendants' employees, rental agents, or residential rental properties, regarding fair housing, housing discrimination, and/or disability-related issues.

This notification shall include full details of the complaint and any action taken by the Defendants in response to the complaint, and shall be accompanied by all pertinent documents. ⁽²⁾

1. Upon reasonable notice, Defendants shall allow the United States and the Idaho Human Rights Commission to have access to any records of residential rental properties owned, operated, or managed by the Defendants in order to monitor the Defendants' compliance with this Consent Order during the term thereof. The United States and the Idaho Human Rights Commission shall endeavor to minimize any inconvenience to the Defendants resulting from inspection of such records.
2. The Defendants shall maintain all records related to the operation of their rental units throughout the time period covered by this Consent Order. Such documents shall include, but not be limited to, advertisements, applications, leases, tenant files, policies and procedures, an inquiry log (or the names, addresses and telephone numbers, and disabilities, if any, of all persons making inquiries), as well as all other documents or records that refer or relate in any way to the rental dwelling units owned by the Defendants.

1. Within ninety (90) days following the entry of this Order, Defendants shall pay a total of thirty thousand dollars ($30,000.00) to Karen Cox and Jason Cox in consideration for the full and final settlement of this claim as payment of damages pursuant to 42 U.S.C. § 3612(o)(3).

   Defendants shall make the following monetary disbursements, by certified check:

   1. Fifteen thousand dollars ($15,000.00) payable to "Karen Cox"; and
   2. Fifteen thousand dollars ($15,000.00) payable to "Jason Cox."

   All disbursements shall be sent by overnight mail to counsel for the United States at the overnight mail address that has been provided to counsel for Defendants.

2. Karen Cox and Jason Cox shall each execute a release, a blank copy of which is attached to this Order as Attachment D, prior to receiving compensation under this Order
3. Upon receipt of both the monies described in Section IV.A above and the releases described in Section IV.B above, the United States shall forward the monies to Karen Cox and Jason Cox, and shall forward the releases to Defendants.

1. This action is dismissed with prejudice, except that the United States and/or the Idaho Human Rights Commission may move at any time to reopen the case for the purpose of enforcing this Order. This Order shall remain in effect for three (3) years plus three (3) months, except that the United States may move to extend the term of the Order for good cause.
2. The Court shall retain jurisdiction or this action for purposes of enforcing this Order.
3. Except where explicitly limited, the provisions of this Order shall apply to the Defendants, their employees and agents, anyone acting under their direction, and all those acting in concert or participation with any of them.
4. The provisions of this Order, except Section IV, which provides for monetary relief, shall apply to all residential rental properties that are owned, operated, and/or managed in whole or in part by any or all Defendants.
5. The parties may mutually agree to extend the time periods set out in this Order for any required action.
6. The parties to this Order shall endeavor in good faith to resolve informally any differences regarding interpretation of and compliance with this Order prior to bringing such matters to the Court for resolution. However, in the event that any Defendant either fails to perform in a timely manner any act required by this Order or acts in violation of any provision of this Order, the United States and/or the Idaho Human Rights Commission may move the Court to impose any remedy authorized by law or equity, including, but not limited to an order requiring performance or non-performance of certain acts and an award of any damages, costs, and attorney's fees that may have been occasioned by that Defendant's non-action or actions.

B. LYNN WINMILL
United States District Judge

1. NON-DISCRIMINATION POLICY

It is the policy of Pioneer Village Mobile Home Park and of its owners, Victoria and Floyd Madsen, not to discriminate against anyone in any aspect of the rental of dwellings because of race, color, national origin, sex, disability, familial status or religion. This policy means, among other things, that all agents or employees of Pioneer Village Mobile Home Park, Victoria Madsen, and/or Floyd Madsen, with the responsibility for showing, renting, or managing any dwelling unit(s) must:

1. treat all qualified applicants equally regardless of race, color, sex, national origin, religion, disability or familial status; and
2. treat all tenants equally regardless of race, color, sex, national origin, religion, disability or familial status.

Any employee or agent of Pioneer Village Mobile Home Park, Victoria Madsen, and/or Floyd Madsen, with the responsibility for showing, renting, or managing any dwelling unit(s) who does not comply with the policy set forth in this document may be subject to disciplinary action, termination of employment, and/or federal court sanctions.

The term "familial status" means one or more individuals (who have not attained the age of 18 years) being domiciled with:

1. a parent or another person having legal custody of such individual or individuals; or
2. the designee of such parent or the person having such custody, with the written permission of such parent or another person.

The protections afforded against discrimination on the basis of familial status shall apply to any person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of 18 years.

On ________________________, 200_, I was instructed by ______________, with respect to my responsibilities under the Order entered by the federal district court in United States and Idaho Human Rights Commission v. Victoria and Floyd Madsen, C.V. 01-0468-S-BL., the federal Fair Housing Act, the Idaho Human Rights Act, and any other applicable state and local laws. I also was instructed as to the non-discriminatory rental policies and procedures. I have received copies of and have read the Order and the Non-Discrimination Policy. I understand my legal responsibilities and will comply with those responsibilities. I understand that the Court may impose sanctions on me if I violate a provision of the Order and that my employer may also discipline me if I violate a provision of the Order. I have been informed by my employer that I will not be reprimanded by my employer for providing information to any law enforcement agency (including the U.S. Department of Justice, Civil Rights Division, Housing and Civil Enforcement Section, 950 Pennsylvania Ave., NW, Washington, DC 20530, telephone (202) 514-4713; and the Idaho Human Rights Commission, 1109 Main St., Ste. 400, P.O. Box 83720, Boise, ID 83720-0040, telephone (208) 334-2873) or official regarding my employer's compliance with the Fair Housing Act and/or the Order.

I, ____________,for the sole consideration of FIFTEEN THOUSAND DOLLARS ($15,000.00), the payment of which shall be made in compliance with the terms of the Order entered on _____________, 2002, in the case of United States and Idaho Human Rights Commission v. Victoria and Floyd Madsen, C.V. 0l-0468-S-BL., do, for myself, my heirs, executors, administrators and assigns, release and forever discharge Victoria Madsen and Floyd Madsen, and their representatives, employees and agents, from any and all claims (including but not limited to claims for attorneys' fees), demands, damages, actions or causes of action on account of or in any way arising out of or relating to the allegations set forth in United States and Idaho Human Rights Commission v. Victoria and Floyd Madsen. That civil action alleged discrimination on the basis of disability under the federal Fair Housing Act and under the Idaho Human Rights Act.

By signing this Release of Claims, I expressly settle, waive, and in every other way release all rights to any related claims which were or could have been brought in United States and Idaho Human Rights Commission v. Victoria and Floyd Madsen.

It is understood and agreed that this settlement is the compromise of a disputed claim, and that the payment made is not to be construed as an admission of liability on the part of the parties hereby released; and the parties released do not admit and specifically deny any liability therefor.

It is further understood and agreed that this release constitutes the entire agreement between the parties; that the terms of this release are contractual and not a mere recital; and that the release is binding upon and adheres to the benefit of the parties jointly and severally, and the executors, administrators, personal representatives, heirs, and assigns of each.

I Further declare and represent that no promise, inducement or agreement not herein expressed has been made to me.

Dated:       ______________________, 2002

Signed:        _________________________

1. Copies of HUD forms 903.1 and 928 are available free of charge by calling HUD's Seattle office at (800) 877-0246.

2. All documents required by this section should be sent to: United States Department of Justice, Civil Rights Division, Chief Housing and Civil Enforcement Section - G St., DJ 175-22-40, 950 Pennsylvania Ave., NW, Washington, DC 20530; and to Idaho Human Rights Commission, 1109 Main St., Ste. 400, P.O. Box 83720, Boise, ID 83720-0040.