Housing And Civil Enforcement Cases Documents

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

UNITED STATES OF AMERICA,

Plaintiff,

and

LEADERSHIP COUNCIL FOR
METROPOLITAN OPEN COMMUNITIES, No. 01 C 7697

Plaintiff/Intervenor Judge Holderman

RUDOLF BOLESLAV, ANGELA
BOLESLAV and ROSE RABAS,

Defendants.

CONSENT DECREE

The United States filed this action against defendants Rudolf Boleslav, Angela Boleslav and Rose Rabas, on October 4, 2001, pursuant to Title VIII of the Civil Rights Act of 1968, 42 U.S.C. §§ 3601 et seq (" the Fair Housing Act " ). Plaintiff Leadership Council for Metropolitan Open Communities (" the Leadership Council " ) subsequently moved to intervene, and was permitted to do so on November 20, 2001. Plaintiffs allege that defendants, as owners of a six-unit apartment building located at 8739 West Cermak Road, North Riverside, Illinois (" the subject building " ), violated the Fair Housing Act by: (1) making discriminatory comments to testers from the Leadership Council based on race and familial status; (2) discouraging the rental of apartments based on race and familial status; and (3) expressing and implying a limitation, preference, and restriction for renting based on race and familial status. Defendants deny plaintiffs' allegations.

In order to avoid protracted and costly litigation, the parties have agreed that this action should be resolved without further litigation, and agreed to the entry of this consent decree.

Accordingly, without a trial or adjudication on the merits, it is hereby ORDERED, ADJUDGED, and DECREED:

A. INJUNCTION

Defendants, their employees, agents, successors, and assigns, and all those acting in concert or participation with defendants (except for bona fide purchasers of property from defendants where defendants retain no interest in or control over the property), are permanently enjoined from violating the Fair Housing Act, or any other fair housing law or regulation barring discrimination on a prohibited basis in the sale or rental of property.
B. MONETARY RELIEF
Within thirty days from the entry of this consent decree, defendants shall pay the sum of $25,000 to the Leadership Council. This payment shall be made in the form of a certified or cashier's check, made payable to the Leadership Council for Metropolitan Open Communities, and shall be sent by certified or personal delivery to Stephen Stern, Litigation Director for the Leadership Council for Metropolitan Open Communities, 111 W. Jackson Blvd., 12th Floor, Chicago, Illinois 60604.
C. TRAINING AND CERTIFICATION
Within ten days from the entry of this consent decree, defendants shall provide a copy of this consent decree to all persons currently involved in the sale or rental of property at the subject building, and shall instruct each such person of his or her obligations under this consent decree. In addition, defendants shall provide a copy of this consent decree and give the same instruction to all persons who subsequently become involved in the sale or rental of property at the subject building during the duration of this consent decree, within ten days after their involvement begins. Nothing in this paragraph requires defendants to provide a copy of this consent decree to persons who are solely tenants or purchasers of property at the subject building.
Defendants have advised plaintiffs that Angela Boleslav and George Boleslav are currently managing all rental properties at the subject building. Within thirty days from the entry of this consent decree, Angela Boleslav and George Boleslav and all other persons currently involved in the sale or rental of property at the subject building, shall attend a training session provided by the Leadership Council regarding the requirements of the Fair Housing Act, other fair housing laws and regulations, and this consent decree. In addition, each person who subsequently becomes involved in the sale or rental of property at the subject building during the duration of this consent decree, shall attend the same training, within thirty days after their involvement begins. The cost of this training is already provided for in the monetary relief awarded to the Leadership Council by this consent decree. At the conclusion of each training session, each person required to undergo training shall sign a certification - substantially equivalent to the certification attached hereto as Exhibit A - stating that they have been instructed in, and understand the requirements of, the Fair Housing Act, other fair housing laws and regulations, and this consent decree.
Defendant Rudolph Boleslav agrees that he shall have no involvement whatsoever in the sale or rental of property at the subject building for the duration of this consent decree. Should he wish to become involved in the sale or rental of property, he shall notify the United States and the Leadership Council of said proposed involvement and complete the training and certification required by the second paragraph of this section.
D. ADVERTISING AND OUTREACH
Defendants shall appraise the public that vacant or available units at the subject building are available without discrimination on any prohibited basis. This shall be accomplished by:
1. Conducting all advertising for the sale or rental of such units in accordance with the provisions of the regulations promulgated by the Department of Housing and Urban Development at 24 C.F.R. Part 109. The fair housing logo and slogan shall appear in all advertising for the subject building, and on all brochures, handouts, stationery, forms, and other writings that are routinely used to communicate with tenants, prospective tenants, or applicants concerning any aspect of the sale or rental of units, or are routinely provided by defendants to the public. Such logo and slogan shall be prominently placed and legible.
2. Including in any broadcast advertising a statement that defendants adhere to the principle of equal housing opportunity and do not discriminate in the sale or rental of units.
3. Posting in a conspicuous location on the grounds of the subject building a sign no smaller than 11 inches by 14 inches, which indicates that all units are available for rental or purchase on a nondiscriminatory basis (a poster which comports with HUD regulations set forth in 24 C.F.R. Part 110 will satisfy this requirement). A sample reduced-size poster is attached hereto as Exhibit B.
4. Sending written notice to the Leadership Council of all units for sale or rent within three days after such units become available for rent.
E. RECORD KEEPING
Beginning ten days after entry of this consent decree, and continuing throughout the duration of this consent decree, defendants shall create and maintain the following records:
1. A Prospect Log containing a completed Prospect Equal Service Report for each and every person who inquires about purchasing or renting property at the subject building. Attached hereto as Exhibit C is a blank Prospect Equal Service Report.
2. Representative samples (i.e., copy of newspaper ad, photograph of sign) of all advertising used to promote the sale or rental of units in the subject building, including the date and medium of the communication in which such advertising was published or broadcast.
3. Defendants are not required under this consent decree to utilize a waiting-list procedure for applicants seeking units. However, if a waiting list is utilized at any time, full and complete records of all such lists and any use made of them shall be maintained.
4. All other records or documents pertaining to the sale or rental of units including, but not limited to, all submitted application forms (whether accepted or rejected), waiting lists, correspondence, results of credit or other reference checks, or notes.
F. INSPECTION OF RECORDS
Upon reasonable notice to defendants, the United States and the Leadership Council shall have the right to inspect and have defendants copy, at defendants' expense, any of the records described in Section E of this consent decree, or any other documents relevant to defendants' compliance with this consent decree. The United States and the Leadership Council shall attempt to minimize any inconvenience to defendants during the inspection and copying of such records.
G. REPORTING REQUIREMENTS
Each person required to undergo training and certification pursuant to Section C of this consent decree shall provide a copy of his or her certification to both the United States and the Leadership Council within ten days after completion of the training.
Every six months (commencing with the period beginning on the first day of the first full month after the date of entry of this consent decree), defendants shall, no later than ten days after the close of each period, provide to both the United States and the Leadership Council a copy of the Prospect Log that has been maintained during that period, representative samples of all advertising during that period, and any waiting lists used during that period.
The documents required to be provided by defendants to the United States under this consent decree shall be sent to the Office of the United States Attorney, Civil Division, 219 south Dearborn Street, Chicago, Illinois 60604, Attn: Civil Rights. The documents required to be provided to the Leadership Council shall be sent to the Leadership Council for Metropolitan Open Communities, 111 West Jackson Boulevard, 12th Floor, Chicago, Illinois 60604, Attn: Stephen Stern, Litigation Director.
H. RELEASES
In consideration for the mutual promises, covenants, and agreements contained in this consent decree, the Leadership Council shall execute releases substantially equivalent to the releases attached hereto as Exhibit D. Stephen Stern, Litigation Director for the Leadership Council, shall tender these releases to defendants upon receipt of the payments set forth in Section B of this consent decree.
In consideration for the mutual promises, covenants, and agreements contained in this consent decree, defendants shall execute releases substantially equivalent to those set forth in Exhibit E to this consent decree. Defendants shall tender these releases to Stephen Stern, Litigation Director for the Leadership Council, at the same time as, and together with, the payments set forth in Section B of this consent decree.
I. DURATION
Sections C, D, E, F, G, and H of this consent decree shall remain in effect for 30 months from the date of entry of this consent decree. These same sections shall terminate, and be dismissed with prejudice, after the expiration of this 30 month period.
J. DISMISSAL AND RETENTION OF JURISDICTION
This action shall be dismissed without prejudice to the rights of any party to bring this matter before the court for enforcement of this consent decree. The court shall retain jurisdiction over the parties and this case for purposes of enforcing this consent decree, and for entering such orders as may be necessary and appropriate, including awards of future attorneys' fees and costs incurred in compelling compliance with this consent decree. The parties to this consent decree shall endeavor to resolve informally any differences that arise regarding interpretation of and compliance with this consent decree prior to bringing such matters to the court for resolution.

AGREED TO BY:

PATRICK J. FITZGERALD
United States Attorney

Dated:__________________, 2002

By: SAMUEL S.MILLER
Assistant United States Attorney
219 South Dearborn Street
Chicago, Illinois 60604