DISTRICT OF IDAHO
UNITED STATES OF AMERICA,
MARVIN A. GARDNER,
The United States commenced this action on behalf of the Idaho Fair Housing Council (IFHC) pursuant to 42 U.S.C. § 3612(o) by filing a Complaint alleging that Defendant Marvin A. Gardner violated the Fair Housing Act (Title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988), 42 U.S.C. §§ 3601-3619. The complaint alleges that Defendant made statements indicating a preference, limitation, or discrimination because of familial status with respect to rental of a dwelling.
More specifically, the United States alleges in its Complaint that: (1) on several dates in November 1997, Mr. Gardner published an advertisement for a vacancy in his dwelling in the Rexburg Standard-Journal, a twice-weekly newspaper which included language that indicated no children would be permitted in the apartment; (2) the Idaho Fair Housing Counsel (IFHC), a nonprofit organization that promotes fair housing practices for housing providers and consumers throughout Idaho, instructed two testers to call the listed number to inquire about the apartment, and that Mr. Gardner told each tester that occupancy of the apartment by children would be forbidden or limited.
The director of the IFHC filed a timely housing discrimination complaint with the Secretary of Housing and Urban Development (the Secretary) pursuant to section 810(a) of the Fair Housing Act, as amended, 42 U.S.C. § 3610(a)), alleging that Mr. Gardner discriminated in housing because of familial status. Pursuant to the requirements of 42 U.S.C. §§ 3610(a) and (b), the Secretary conducted and completed an investigation of the complaint, attempted conciliation without success, and prepared a final investigative report. Based on information gathered in the investigation, the Secretary, pursuant to 42 U.S.C. § 3610(g)(1), determined that reasonable cause exists to believe that discriminatory housing practices had occurred. Accordingly, on August 28, 1998, the Secretary issued a Charge of Discrimination pursuant to 42 U.S.C. § 3610(g)(2)(A), charging Mr. Gardner with engaging in discriminatory housing practices in violation of the Fair Housing Act. On or about September 21, 1998, pursuant to 42 U.S.C. § 3612(a), Defendant Marvin A. Gardner elected to have the charge resolved in a civil action filed in federal district court.
The parties have agreed that the controversy should be resolved without further litigation. Therefore, without a trial or adjudication on the merits, the parties have consented to the entry of this Consent Order. The terms that follow constitute an Order of the Court designed to effectuate the agreement of the parties.
The parties stipulate and the Court finds that this Court has personal jurisdiction over Defendant Marvin A. Gardner for the purposes of this action and jurisdiction over this action pursuant to 28 U.S.C. § 1331 and 42 U.S.C. § 3612(o).
It is ORDERED, ADJUDGED, and DECREED that Defendant Marvin A. Gardner, his employees, agents and successors, and all those acting in concert or participation with them, be enjoined from:
- refusing to rent or refusing to negotiate for the rental of, or otherwise making dwellings unavailable to persons because of familial status;
- imposing or granting different terms, conditions, or privileges in the rental of dwellings because of familial status;
- making statements with respect to the rental of a dwelling that indicate a preference, limitation or discrimination because of familial status; and
- representing to any person because of familial status that any dwelling is not available for inspection or rental when such dwelling is in fact so available.
- ADVERTISING AND NOTICE TO THE PUBLIC
It is FURTHER ORDERED that Defendant apprise the public that his dwellings are available without discrimination because of familial status. This shall be accomplished by conducting any advertising for the rental of dwellings in accordance with the provisions of the regulation promulgated by the Department of Housing and Urban Development at 24 C.F.R. Part 109 (1995).
- RECORD KEEPING REQUIREMENTS
It is FURTHER ORDERED that Defendant Marvin A. Gardner create and maintain records of all persons who seek information regarding the rental of his dwellings from him or his agents. At a minimum, these records shall set forth the date of the inquiry, the name of the person making the inquiry, a current address and telephone number for that person, the familial status of the person, the unit or units for which inquiry was made, and whether or not the inquirer rented one of Defendants' dwellings. Defendant shall permit Plaintiff to examine these records upon reasonable notice to Defendants.
- TRAINING AND EDUCATION
It is FURTHER ORDERED that Defendant Marvin A. Gardner attend a program of educational training concerning his responsibilities under federal, state, and local fair housing laws, regulations, and ordinances. To fulfill this requirement, Defendant shall attend the next fair housing training session conducted by the Idaho Fair Housing Council at a location within 100 miles of Rexburg, Idaho. Defendant shall be permitted to attend this training free of charge. In the alternative, Defendant may arrange to receive training from the Department of Housing and Urban Development (HUD) or, subject to approval in advance by Plaintiff, another private organization. Any expenses associated with training by HUD or another organization shall be borne by Defendant. Defendant shall have his attendance certified in writing by the person conducting the educational program. This certification shall be sent to counsel for the United States.
- TIME FOR PREFORMANCE
It is FURTHER ORDERED that any time limits for performance imposed by this Consent Order may be extended by mutual agreement of the parties.
It is FURTHER ORDERED that this Consent Order remain in effect for three years.
It is FURTHER ORDERED that the Complaint be dismissed without prejudice. At any time during the period in which this Consent Order is in effect, the United States may move to reopen this case for purposes of seeking enforcement of the Consent Order. If no action is taken by the United States during the term of the Consent Order, provided that Defendant is in full compliance, this case shall be dismissed with prejudice.
ORDERED this __[23RD]____ day of _[November]____, 1998
United States District Judge
The undersigned apply for and consent to the entry of this Order:
JOAN A. MAGAGNA
JOSEPH D. RICH
CLAY G. GUTHRIDGE
Housing and Civil Enforcement Section
Civil Rights Division
Department of Justice
P.O. Box 65998
Washington, D.C. 20035-5998
BETTY H. RICHARDSON
United States Attorney
D. MARC HAWS
Assistant United States Attorney
First Interstate Center
877 W. Main St., Ste. 201,
Boise, Idaho 83702
Attorneys for Plaintiff
GORDON S. THATCHER
Rigby, Thatcher, Andrus, Rigby, Kam & Moeller
P.O. Box 250
25 North Second East
Rexburg, Idaho 83440
Attorney for Defendant
MARVIN A. GARDNER
Defendant > >