Opinion
CIVIL ACTION No.: 1:12-cv-12369-LTS
05-10-2013
UNITED STATES OF AMERICA, Plaintiff, v. Clarendon Hill Somerville, LP; Linda Hamilton; Jill Ouellette; Donna McCarthy and FHRC Management Corp., Defendants.
CARMEN M. ORTIZ United States Attorney District of Massachusetts JENNIFER A. SERAFYN Assistant United States Attorney United States Attorney's Office THOMAS E. PEREZ Assistant Attorney General Civil Rights Division STEVEN H. ROSENBAUM Chief R. Tamar Hagler Deputy Chief Pamela O. Barron Jennifer E. McAllister Trial Attorney United States Department of Justice
CONSENT ORDER
The United States filed suit against the Defendants, Clarendon Hill Somerville, LP; Linda Hamilton; Jill Ouellette; Donna McCarthy and FHRC Management Corp. (hereinafter "Defendants"), on December 19, 2012 on behalf of Khadija Houmidi, Noureddini Gharouadi and their three minor children, pursuant to § 812(o) of the Fair Housing Act, as amended, 42 U.S.C. § 3612(o). The complaint alleges that the Defendants discriminated against Khadija Houmidi, Noureddini Gharouadi and their three minor children on the basis of familial status in connection with the rental of an apartment at a multi-family subsidized housing development known as Clarendon Hill Towers ("Subject Property"), located at 1372 Broadway in Somerville, Massachusetts, in violation of the Fair Housing Act, 42 U.S.C. § 3604(a). Defendants deny these allegations. The Parties have agreed to the entry of this Consent Order to resolve all claims of the United States and Khadija Houmidi, Noureddini Gharouadi and their three minor children against the Defendants and to avoid further expenses and the uncertainties of litigation. Nothing in this Consent Order shall constitute or be construed as an admission by any of the defendants that he, she or it has violated 42 U.S.C. § 3604(a) or any other legal requirement, The requirements of this Consent Order shall apply only with respect to the Subject Property unless otherwise specified.
I. GENERAL INJUNCTION
The Defendants, their officers, agents, employees, and all persons in active concert or participation with them are enjoined, with respect to the rental of any dwellings as defined by 42 U.S.C. §3602(b), from:
A. Refusing to rent, or to negotiate for the rental of, or otherwise making unavailable or denying, a dwelling to any person because of familial status, in violation of 42 U.S.C. § 3604(a); and
B. Imposing, maintaining or enforcing an occupancy policy that is more restrictive than the following, which shall be included in any Tenant Selection Plan ("Plan"):
"Occupancy is usually based on two people per bedroom unless the square footage allows or requires otherwise. Household size and the number of occupants per bedroom must comply with the current State Sanitary Code Minimum Square Footage Requirements. All determinations on occupancy must comply with applicable Federal regulations or requirements, including those found in Section 3-23 (Occupancy Standards) and specifically Section 3-23 Paragraphs E. 4 and F., and Exhibit 3-2 (Fair Housing Enforcement - Occupancy Standards; Notice of Statement of Policy, 63 Fed. Reg. 70256)) of the HUD Handbook, 4350.3 REV-1."Section 3-23 E. and F. and Exhibit 3-2 of the HUD Handbook, 4350.3 REV-1 are appended as Attachment C to this Consent Order.
C. The Plan shall further indicate the size of each unit at the Subject Property by square footage, including the size of each bedroom.
II. AFFIRMATIVE RELIEF
A. The Defendants shall continue to post and prominently display in the rental office and in any other office where there is rental activity and/or personal contact with applicants for the rental of dwellings from the defendant, a poster no smaller than 11 inches by 14 inches that indicates that all dwellings are available for rent on a nondiscriminatory basis, The poster(s) shall comply with the requirements set out in 24 C.F.R. Part 110.
B. The Defendants shall continue to include the words "Equal Housing Opportunity" or the fair housing logo in all advertising conducted by the Defendants in newspapers, telephone directories, radio or other media, and on all signs, pamphlets, brochures, and other promotional literature. The words or logo shall be prominently placed and easily legible.
III. MANDATORY EDUCATION AND TRAINING
A. Within 30 days of the date of entry of this Order, the Defendants shall provide a copy of this Order to all their representatives, agents and employees involved in the rental or management of dwellings and secure the signed statement from each agent or employee acknowledging that he or she has received and read the Order. This statement shall be substantially in the form of Attachment A,
B. During the term of this Order, within 30 days after the date he or she commences an agency or employment relationship with the Defendants, each new agent or employee involved in the rental or management of dwellings shall be given a copy of this Order and be required to sign a statement acknowledging that he or she has received and read the Order. This statement shall be substantially in the form of Attachment A.
C. Within 30 days of the date of entry of this Order, the Defendants' representatives, employees and agents shall undergo training on the provisions of the Fair Housing Act pertaining to discrimination on the basis of familial status. The training shall be conducted by a qualified third party, approved in advance by the United States and unconnected to the Defendants or its employees, agents, or counsel. The Defendants shall provide to the United States, within 30 days after the training, the name(s), address(es) and telephone number(s) of the trainer(s) and certification executed by the trainers confirming the attendance of all representatives, employees and agents of the Defendants.
IV. COMPENSATION OF AGGRIEVED PERSONS
A. Within fifteen (15) days of the date of entry of this Consent Order, the Defendants shall pay to Khadija Houmidi and Noureddini Gharouadi, on behalf of Khadija Houmidi, Noureddini Gharouadi and their three minor children, aggrieved persons within the meaning of the Fair Housing Act, thirteen thousand dollars ($13,000) in monetary damages and costs, (hereinafter "settlement amount"). Defendants shall pay said money by sending to the United States by overnight mail at the below-listed overnight mail address a certified check for $13,000 payable to Khadija Houmidi and Noureddini Gharouadi.
B. No amount shall be paid pursuant to the preceding paragraph before Khadija Houmidi and Noureddini Gharouadi have executed a written release on behalf of themselves and their three minor children (substantially in the form of Attachment B) of all claims, legal or equitable, that they might have against the Defendants relating to the claims asserted in this lawsuit. Upon receipt of the check, the United States shall send to the Defendants the executed release,
V. RECORD KEEPING AND REPORTING
A. Within one hundred twenty (120) days of the date of entry of this Consent Order, and thereafter on the anniversary of the date of entry of this Consent Order, Defendants shall submit to counsel for the United States a compliance report, except that the final report shall be submitted sixty (60) days prior to the expiration of this Consent Order. The compliance report shall include: (a) information about Defendants' compliance with all requirements of this consent order; (b) copies of any signed statements from agents or employees as required by Paragraph III(A) or (B); (c) copies of any training certifications completed as required by Paragraph III(C); and (d) copies of any advertising for the subject property in newspapers, in telephone directories, on radio, on television, on the internet, or in other media published since the submission of the prior report.
All correspondence required to be sent to the United States under the provisions of this Order shall be sent to Chief, Housing and Civil Enforcement Section, U.S. Department of Justice, Attn: DJ # 175-36-318, at the following addresses:
Regular U.S. Mail: 950 Pennsylvania Avenue, N.W. - G Street
Washington, D.C. 20530
Overnight Mail: 1800 G Street, N.W.
Suite 7043
Washington, D.C. 20006
B. Defendants shall notify counsel for the United States in writing within fifteen (15) days of receipt of any written complaint against Defendants based on familial status discrimination. If a complaint based on familial status is made orally, the complainant will be advised that a complaint may be submitted in writing. Defendants shall provide a copy of the written complaint 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 the United States with all non-privileged information it may request concerning any such complaint, and shall inform the United States in writing within fifteen (15) days of the terms of any resolution of such complaint.
C. Defendants shall preserve all records related to this Consent Order and to the subject property. Such documents include, but are not limited to the following: advertisements; vacancy lists; waiting lists; inquiry logs; applications; leases; tenant files; occupancy statistics for each unit, including the number of adults and children in each unit; and all records relating to actual or threatened evictions. Upon reasonable notice to Defendants, the Defendants shall produce or permit representatives for the United States to inspect and copy any records related to this Consent Order so as to determine compliance with the Consent Order, provided, however, that the United States shall endeavor to minimize any inconvenience to Defendants.
VI. COURT JURISDICTION, SCOPE AND TERM OF CONSENT ORDER, AND
TERMINATION OF LITIGATION HOLD
A. The Parties have consented to the entry of this Order as indicated by the signatures below. The Parties stipulate and the Court finds that this Court has subject matter jurisdiction over this action pursuant to 28 U.S.C. §§1331 and 1345 and 42 U.S.C. §3612(o). This Consent Order is effective immediately upon its entry by the Court.
B. The term of this agreement will be three (3) years from the date of entry of this Consent Order. The Court shall retain jurisdiction for the duration of this Consent Order to enforce the terms of the Order, after which time the case shall be dismissed with prejudice. The United States may move the Court to extend the duration of the Order if it determines that the Defendants have violated one or more terms of the Order or if the interests of justice otherwise require.
C. The parties to this Consent 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 of a failure by the Defendants to perform in a timely manner any act required by this Consent Order or should the Defendants act in violation of any provision thereof, 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 such act.
D. Except as otherwise set forth herein, each party to this Consent Order shall bear its own costs and attorney's fees associated with this case.
E. The parties agree that, as of the date of the entry of this Consent Order, litigation is not "reasonably foreseeable" concerning the matters described above. To the extent that either party previously implemented a litigation hold to preserve documents, electronically stored information (ESI), or things related to the matters described above, the party is no longer required to maintain such litigation hold. Nothing in this paragraph relieves either party of any other obligations imposed by this Consent Order.
________________________
Leo Sorokin
CHIEF UNITED STATES MAGISTRATE JUDGE
The undersigned hereby apply for and consent to the entry of this Order: For Plaintiff United States CARMEN M. ORTIZ
United States Attorney
District of Massachusetts
________________________
JENNIFER A. SERAFYN
Assistant United States Attorney
United States Attorney's Office
THOMAS E. PEREZ
Assistant Attorney General
Civil Rights Division
________________________
STEVEN H. ROSENBAUM
Chief
R. Tamar Hagler
Deputy Chief
Pamela O. Barron
Jennifer E. McAllister
Trial Attorney
United States Department of Justice
THE DEFENDANTS Clarendon Hill Somerville, LP; Linda Hamilton; Jill Ouellette; Donna McCarthy and FHRC Management Corp., by their Attorneys: ________________________
Lee H. Kozol
Marc D. Rie
Friedman & Atherton LLP
53 State Street
Boston, MA 02109
Phone: 617-227-5540
Fax: 617-523-1559
MRie@friedmanatherton.com
Unless otherwise agreed between counsel, a copy of the documents (without attachments) also shall be sent via facsimile or email.