UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
LAJANA K. PAIGE,
Plaintiff,
v.
C.A. NO. 97-2305 "C" (2)
VINCENT A. PACIERA, SR., SHIRLEY
PACIERA, GULF COAST PROPERTIES,
INC., AND APARTMENT & HOME HUNTERS,
INC.,
Defendants.
___________________________________
GREATER NEW ORLEANS FAIR HOUSING
ACTION CENTER, INC.,
Plaintiff,
v.
C.A. NO. 97-2532 "C" (2)
APARTMENT & HOME HUNTERS, INC.,
ET AL.,
Defendants.
___________________________________
UNITED STATES OF AMERICA,
Plaintiff,
v.
C.A. NO. 97-2920 "C" (2)
APARTMENT & HOME HUNTERS, INC.,
ET AL.,
Defendants.
___________________________________
CONSENT DECREE
This Consent Decree resolves three cases which have been
consolidated for discovery and pretrial purposes. Plaintiff
LaJana Paige initiated the first of the three actions on July 23,
1997, alleging, among other things, racial discrimination in
violation of the Fair Housing Act, 42 U.S.C. §§ 3601 et seq., by
defendants Vincent and Shirley Paciera, Gulf Coast Properties,
Inc. ("Gulf Coast"), and Apartment and Home Hunters, Inc. ("AHH").
The Greater New Orleans Fair Housing Action Center, Inc. ("FHAC")
filed its complaint on August 14, 1997, alleging, among other
things, racial and familial status discrimination in violation of
the Fair Housing Act. Named as defendants were AHH; its owner,
Digna Hunter; AHH employees Lori Mabile, Kathy Sweeney, Dionne
Epstein, and Maxine Puchot; Charles Spitzfaden, III, as an AHH
owner, AHH corporate officer, and landlord listing properties
with AHH; and AHH's insurance company.(1) The United States filed
its complaint on September 4, 1997, alleging racial and familial
status discrimination in violation of the Fair Housing Act and
naming AHH, Hunter, and Mabile as defendants. The insurance
company for all defendants, State Farm Insurance Company,
intervened as a defendant in all three cases. Plaintiffs later
amended their complaints so that all plaintiffs named defendant
Spitzfaden and the Paciera defendants.
The parties desire to avoid costly and protracted litigation
and agree that the controversy should be resolved without the
necessity of a trial. Therefore, the parties have consented to
the entry of this Decree as indicated by the signatures appearing
below.
It is hereby ORDERED, ADJUDGED and DECREED:
- INJUNCTION AGAINST FUTURE DISCRIMINATION
- General. The defendants, their agents, employees,
successors, and all persons in active concert or participation
with any of them shall not discriminate in any aspect of the
rental of dwellings because of race or familial status in
violation of the Fair Housing Act, as amended, 42 U.S.C. §§ 3601
et seq., including but not limited to the following(2):
- Discouraging or encouraging prospective tenants from
obtaining information about, viewing, applying to rent, or
renting any dwelling, on the basis of race or familial status;
- Misrepresenting the availability of apartments for rent
on the basis of race or familial status;
- Withholding information regarding the availability of
apartments for rent on the basis of race or familial status;
- Steering persons seeking housing to particular units on
the basis of race or familial status;
- Taking any action tending to remove, or assist in the
removal of, any tenant from a rental unit on the basis of race or
familial status;
- Making, printing, or publishing, or causing to be made,
printed, or published, any statement with respect to the sale or
rental of a dwelling that indicates any preference based on race
or familial status; and
- Providing different terms or conditions in housing on
the basis of race or familial status. This includes, but is not
limited to, placing any restriction, written or oral, on the
number, age or gender of children allowed at a particular rental
unit. Defendants may place reasonable restrictions on the total
number of persons (of any age) allowed to live at a unit,
provided that the occupancy limit does not operate unreasonably
to limit or exclude families with children. See 54 Fed. Reg.
3237 (1989). Defendants shall not employ or implement an
occupancy standard that allows less than two persons per bedroom
in any unit unless required or provided for by applicable
governmental authorities.
- Seeking and Recording Familial Status Information.
Prior to renting a unit to them, defendants will not ask
prospective tenants whether they have children, how many children
they have, or the ages of their children. If this information is
volunteered, defendants may use this information in determining
whether the prospective tenant is a suitable candidate for any
particular rental unit, if and only if the prospective tenant, on
his or her own initiative, explicitly indicates that he or she is
looking for a unit with particular characteristics because of
special needs created due to children living in the unit.
- Changing Business Records. All landlord listing cards
which have spaces or blanks calling for familial status
information(3) shall be destroyed and replaced with forms which do
not call for such information to be recorded. Defendants are
enjoined from using landlord listing cards, or other forms
recording either a description of a rental unit or the landlord's
requirements or preferences of tenants renting that unit, which
call for familial status information. Within 120 days of the
date of entry of this Decree, AHH (and the Paciera defendants, if
applicable) shall furnish to FHAC and the United States samples
of the new business forms generated pursuant to this paragraph.
- NONDISCRIMINATORY POLICIES
- Adoption of Nondiscriminatory Policies. Defendants
shall immediately adopt and implement objective, uniform
nondiscriminatory standards in renting housing units. When
assisting persons seeking housing and processing applications,
defendants shall take all reasonable steps to ensure that all
housing units rented by defendants (or with their assistance) are
rented on a nondiscriminatory basis.
- Implementation and Display of Policies--AHH. The AHH
defendants, as of the date of entry of this Decree, shall
implement and adhere to the policies set forth in Exhibit A.
Exhibit A shall be prominently displayed in all AHH offices. The
AHH defendants shall furnish a copy of Exhibit A to each current
employee or agent, and to each future employee or agent within
one week of the beginning of the employment or agency
relationship, and obtain the signature of such person on Exhibit
A. The AHH defendants shall also distribute a copy of Exhibit A
to every current private landlord listing with AHH, and to each
future private landlord that lists with AHH, either by certified
mail, return receipt requested; by telefacsimile (with fax cover
sheet and record of successful transmission); or by hand delivery
(with signed acknowledgment of receipt).
- Implementation and Display of Policies--Paciera
Defendants. The Paciera defendants, as of the date of entry of
this Decree, shall implement and adhere to the policies set forth
in Exhibit B. The Paciera defendants shall furnish a copy of
Exhibit B to each current employee or agent, and to each future
employee or agent within one week of the beginning of the
employment or agency relationship, and obtain the signature of
such person on Exhibit B.
- MONETARY COMPENSATION
- Damages to Parties. Within 10 days from the date of
entry of this Decree, defendants shall pay to plaintiffs
$180,000, some of which will be in the form of a civil penalty
paid to the United States. The amounts to be paid by each
defendant, and to each plaintiff, will be set out in a separate
document signed by the parties.
- Victim Compensation Fund. Within 25 days of the entry
of this Decree, FHAC shall deposit into an interest bearing
escrow account the sum of $50,000 for the purpose of compensating
additional claimants who may be identified through the procedures
set forth in this Section.
- Publication of Notice to Potential Claimants. On two
separate dates, within 60 days of the entry of this Order,
Defendants shall publish a Notice to Potential Claimants of
Housing Discrimination ("Notice") of at least one column by three
inches in the public notices, Metro, and Sports sections of the
Times-Picayune. The defendants shall provide to counsel for the
United States a copy of the newspaper containing such Notice,
within 3 days after the last publication. The written Notice
shall not be published on a Saturday or on a holiday.
- Contents of Notice. As set out in Exhibit C, the Notice
shall set forth a summary of the legal and evidentiary
contentions of the United States; a general statement of the
relief provided under this Consent Order; and a statement that
the United States seeks information from any persons who claim to
have been subjected to racial or familial status discrimination.
- Distribution of Funds. Six months after the last
publication of the Notice, the United States shall determine
which persons, if any, have valid claims of discrimination, and
shall determine in its sole discretion an appropriate amount of
damages to be awarded to each such person. The United States
shall interview all claimants, require claimants to sign a
statement under oath outlining their allegations, and shall
examine any corroborative evidence carefully in making decisions
regarding disbursement. The Defendants shall have an opportunity
to provide information relevant to dispute any claim prior to any
disbursement. The United States shall provide to the Defendants
nonconfidential information in support of any claim pertaining to
such Defendant, 30 days prior to any disbursement pursuant to
that claim, provided that compliance with this requirement may
necessitate disbursements occurring after the 6-month
disbursement period provided for in this section. The United
States shall also require all claimants to sign statements
releasing defendants from further liability regarding the
allegations relating to this lawsuit before distributing funds to
them.
- Unused Funds. In the event that no additional claimants
are located or identified within 180 days of the last publication
of the Notice, or that a total amount of less than $50,000 plus
the accrued interest is paid to such persons, the remaining
balance shall be paid to FHAC for use in educational,
investigatory, and enforcement efforts relating to fair housing.
- FAIR HOUSING TRAINING
- Training of Defendants and Their Agents. Defendants, as
well as defendants' current employees and agents (who deal in any
way with the rental or management of rental properties), shall
undergo comprehensive fair housing training by FHAC. The
training shall include all local, state and federal laws
regarding housing discrimination and shall last at least 3 hours.
All training shall be completed within 120 days of the date of
entry of this Decree. FHAC shall work with defendants to
schedule one joint training session for all defendants, which
will occur within this 120-day period. Any defendant or
defendant's agent who does not attend this session must attend a
make-up session within 150 days of the date of entry of this
Decree. Each make-up session will be billed by FHAC at a rate of
$100 per hour to either the Paciera defendants or the AHH
defendants, individually, or both jointly, depending on who
attends the make-up session. Each defendant shall sign a
statement verifying under oath that they have received the
requisite fair housing training pursuant to this paragraph (see
Exhibit D), and shall mail such signed statement to the United
States within 150 days of the date of this Decree. AHH shall
require that all agents and employees including future agents and
employees take at least 4 hours of fair housing per year as part
of their continuing education necessary for retaining a real
estate license from the Louisiana Real Estate Commission, and
that agents certify attendance at such additional training by
signing Exhibit D and mailing it to the United States within 30
days of receiving such training. The Paciera defendants will
retain all training materials provided by FHAC and will provide
such materials to new employees or agents who have responsibility
in renting or managing Paciera properties.
- Records of Training Sessions. The AHH defendants and
the Paciera defendants shall each maintain a separate record of
the training sessions attended by them or their agents,
indicating the date, location, duration, trainer, attendees, and
topics covered for each session.
- Notice to Employees and Agents. In addition, AHH and
the Paciera defendants will:
- Furnish to each current and future employee or agent
a summary of this Decree (Exhibit E) and inform each employee or
agent that noncompliance with this Decree may lead to sanctions
imposed by the Court.
- Secure a signed statement from each current and
future employee or agent that he or she has received, read, and
understands both Exhibit E and the statement of nondiscriminatory
policy described in Section II above. Copies of such statements
shall be provided to the United States within 60 days of the date
of entry of this Decree, for current employees and agents; and
within 60 days of the beginning of the agency relationship, for
future employees and agents.
- PUBLIC NOTICE AND OUTREACH
- Fair housing poster and logo. Defendants will post and
maintain a fair housing sign in a form approved by the Secretary
of HUD(4) in all offices in which they perform any business related
to housing. Similarly, defendants shall include the words "Equal
Housing Opportunity Provider" or the fair housing logo in all
advertising conducted and paid for by defendants in newspapers,
radio, television or other media, including telephone directory
display ads, and on all billboards, signs, pamphlets, brochures,
T-shirts, and other promotional literature. Those words shall be
prominently placed and easily legible.
- Nondiscrimination statement. Defendants shall include
the following statement on all prospect sheets, questionnaires,
rental applications, and leases (unless the lease displays a
preprinted Fair Housing logo as defined in this Section):
We are an equal housing opportunity provider. We do
not discriminate on the basis of race, color, religion,
sex, familial status, national origin, or disability.
- Advertising--AHH. AHH will advertise its services in
the Greater New Orleans White Pages and the New Orleans Yellow
Pages. AHH will also advertise its services in the Times-Picayune and in the Louisiana Weekly. AHH shall place its
advertisements at least once a month in the Times-Picayune for
the duration of this decree, and once every other month in the
Louisiana Weekly for at least two years. The advertisements in
the Weekly shall be at least as large as those in the Times-Picayune.
- Advertising--Pacieras. The Paciera defendants will
advertise their available rental units in the Times-Picayune.
- Notice of Availability. Within one business day of
discovering that a privately owned rental unit is available (in
the case of the Paciera defendants), or on a weekly basis (in the
case of the AHH defendants), AHH and the Paciera defendants shall
each provide the relevant information by telefacsimile or
telephone to the appropriate housing office of Xavier University,
Dillard University and Southern University of New Orleans, and to
the Greater St. Stephen's Ministries Church. The relevant
information shall include the type of unit [single-family home,
duplex, 4-plex, 8-plex, apartment complex (with number of units),
etc.]; the number of bedrooms and bathrooms; the square footage;
the neighborhood; and the rent and security deposit.
- Timing. Defendants will satisfy the requirements set
out in this Section within 120 days of the entry of this Decree.
- TESTING
- Self-testing programs. The AHH defendants and the
Paciera defendants agree that FHAC will implement fair housing
testing programs to test AHH, defendant Spitzfaden, and the
Paciera defendants. The AHH program will send matched pairs of
fair housing testers to the AHH offices or to rental properties
owned or managed by defendant Spitzfaden; the Paciera program
will send similar testers to rental properties owned or managed
by the Paciera defendants. Each program will consist of up to 9
tests(5) taking place during the life of this Decree. The AHH
defendants and the Paciera defendants will each pay FHAC $350 per
test within 30 days of receiving a bill from FHAC for testing
services, provided that each set of defendants will not be
obligated to pay for more than four tests in a year period.
Tests will be recorded and tapes will be preserved for all tests.
- Testing Reports. The United States shall have access to
the FHAC testing reports at any time upon request and shall use
the reports to monitor the defendants' compliance with this
Decree. FHAC will provide AHH with the AHH testing reports and
the Paciera defendants with the Paciera testing reports within 90
days of the completion of any series of tests.
- RECORDKEEPING
- Records of Rental Transactions. Commencing on the date
of entry of this Decree, for each privately owned unit(6) rented by
AHH or with the assistance of an AHH agent, AHH will retain a
copy of a photo I.D. of the new tenant and the corresponding
landlord listing card (where available).(7) AHH will add columns
to its rental invoice ledger setting out the race and number/age
of children for each tenant, and record such information in the
ledger. The Paciera defendants will compile and maintain a
separate list of units rented which will include the full address
of the unit along with the new tenant's name, forwarding address
(if given at the completion of the rental term), telephone
number, race, and number and ages of children living in the unit.
Unless the familial status information has been previously
volunteered, defendants will obtain the familial status
information of the new tenant only after the apartment has been
rented.(8)
- Records of Persons Shown Units. Commencing on the date
of entry of this Decree, AHH and the Paciera defendants must each
maintain a record of the prospective tenants shown privately
owned rental units. The listing shall include the date; the full
address of the unit; the name of the person showing the unit; and
the name, race, and telephone number of the person shown the
unit.
- Records of Advertising. AHH and the Paciera defendants
will each maintain records of all advertising done during the
life of this Decree. The records will include a sample of each
annual telephone listing; a copy of each newspaper advertisement,
with a notation indicating the dates it was placed in each
newspaper. This obligation applies to advertising of the victim
compensation fund pursuant to Section III.
- Access to Records. During the life of this Decree, AHH
and the Paciera defendants shall preserve all records which are
the source of, or contain, any of the information pertinent to
defendants' obligations under this Decree, including, but not
limited to, any document, notice, signed statement, or other
record required to be generated pursuant to this Decree. This
specifically includes, but is not limited to, records generated
or received pursuant to Sections II.1 through II.3 (promulgation
of nondiscriminatory policies), IV.2 (training session records),
V.1 (fair housing poster and logo), and V.2 (nondiscrimination
statement on office forms). All such records shall be made
available to the United States or FHAC upon written request at
any time during the life of this Decree. The United States and
FHAC shall endeavor to minimize any inconvenience to defendants
in reviewing and/or obtaining copies of these documents.
Defendants may not destroy any such record without providing the
United States or FHAC 45 days' notice and an opportunity to copy
such records at its expense.
- REPORTING
- Annual Report. During the life of this Decree, AHH and
the Paciera defendants shall each submit an annual report to the
United States detailing its compliance with the provisions of
this Decree. The first report shall cover the one-year period
beginning with the date of entry of this Decree, and each
subsequent report shall cover the next one-year period. Each
report is due within 30 days of the end of the applicable
reporting period. The report shall include a paragraph-by-paragraph description of all actions taken to comply with each
paragraph of this Decree (except for Section I.1). It shall also
include, as attachments, the records for that reporting period
described in paragraphs 1-3 of Section VII. The AHH report shall
be signed by defendants Hunter and Mabile as a declaration
pursuant to 28 U.S.C. §1746. The Paciera defendants' report
shall be signed by defendant Vincent Paciera, Sr. as a
declaration pursuant to 28 U.S.C. §1746. The United States shall
provide report forms to each set of defendants within 60 days of
the entry of this Decree.
- Notice of Discrimination Complaints. Defendants, during
the term of this Decree, shall advise counsel for the United
States in writing within 60 days of receipt of any written
administrative or legal complaint against defendants, or against
any of defendants' employees, agents or residential rental
properties, alleging housing discrimination.
- ADMINISTRATION OF DECREE
- Enforcement. This Decree is the order of the Court.
Any defendant who fails to comply with any of its terms, whether
through commission or omission, may be subject to sanctions and
civil contempt. At any time during the life of this Decree, any
party may make a motion to enforce the decree and for sanctions.
If the Court grants relief, the movant will be entitled to
reimbursement of costs and fees at the discretion of the Court if
the Court finds that the losing party was unreasonable.
- Modification. This Decree may be modified at any time
by written agreement of the parties. Such written agreement
shall be submitted to the Court. Once the agreement is filed
with the Court, the parties may act as though the modification
is approved until such time as the Court indicates otherwise.
- Term and Disposition. This action is dismissed with
prejudice, except that the Court retains jurisdiction to enforce
the Decree. At any time after five years of the entry of this
Decree, defendants may move to terminate this Decree, except that
all obligations in Sections III, IV (1), V, VI and VIII terminate
automatically after three years from the entry of this Decree.
Unless a plaintiff opposes this motion within 30 days, this
motion will be automatically granted. If a plaintiff makes a
timely showing that defendants have not substantially complied
with the terms of this Decree, or have failed to act in good
faith with respect to any term of this Decree, or that the
interests of justice otherwise justify extension of this Decree,
the Court in its discretion may extend the term of this Decree.
The parties to this Decree shall endeavor in good faith to
resolve informally any differences regarding interpretation of
and compliance with this Decree prior to bringing such matters to
the Court for resolution.
ORDERED this ________ day of ____________, l99___.
______________________________
UNITED STATES DISTRICT JUDGE
The undersigned apply for and consent to the entry of this
Decree:
For the United States:
__________________________
for FHAC:
__________________________
For LaJana Paige:
__________________________
For the AHH Defendants:
__________________________
For the Paciera Defendants:
__________________________
__________________________
Digna Hunter (for AHH)
__________________________
__________________________
Digna Hunter
__________________________
Lori Mabile
__________________________
Dionne Epstein
__________________________
Kathy Sweeney
__________________________
Maxine Puchot
__________________________
Charles Spitzfaden, III
__________________________
Vincent Paciera, Sr. (for Gulf Coast)
__________________________
Vincent Paciera, Sr.
LIST OF EXHIBITS
A NonDiscrimination Policy -- AHH Defendants
B NonDiscrimination Policy -- Paciera Defendants
C Notice of Victim Compensation Fund
D Statement Verifying Attendance of Fair Housing Training
E Summary Of Decree (to be distributed to defendants' agents and employees)
F Releases
Exhibit A (AHH Defendants)
NON-DISCRIMINATION POLICY
It is the policy of the owners and managers of _______, not
to discriminate against anyone in any aspect of the rental of
dwellings because of race, color, national origin, sex, handicap,
familial status or religion. This policy means, among other
things, that all agents must:
- always truthfully provide any client who inquires about
an apartment for rent a reasonable number of apartments
available for rent that meet the client's stated criteria;
- never
- select, choose, recommend or suggest a particular
apartment to anyone; or
- fail to inform someone of an available apartment;
or
- discourage anyone from renting an apartment;
--because of a person's race, color, national origin, sex,
handicap, familial status or religion; or because of the race,
color, national origin, sex, handicap, familial status or
religion of current tenants.
Any employee who does not comply with the rental procedures
and criteria set forth in this document may be subject to
disciplinary action, termination of employment and/or federal
court sanctions.
STATEMENT OF AGENT OR EMPLOYEE
I have read the above Nondiscrimination Policy. I
understand its terms and intend to comply with them.
_______________________
Signature
_______________________
Printed Name
_______________________
Date
Exhibit B (Paciera Defendants)
NON-DISCRIMINATION POLICY
It is the policy of the owners and managers of _______, not
to discriminate against anyone in any aspect of the rental of
dwellings because of race, color, national origin, sex, handicap,
familial status or religion. This policy means, among other
things, that all agents must:
- always truthfully provide any client who inquires about
an apartment for rent a reasonable number of apartments
available for rent that meet the client's stated criteria;
- never
- select, choose, recommend or suggest a particular
apartment to anyone; or
- fail to inform someone of an available apartment;
or
- discourage anyone from renting an apartment;
--because of a person's race, color, national origin, sex,
handicap, familial status or religion; or because of the race,
color, national origin, sex, handicap, familial status or
religion of current tenants.
Any employee who does not comply with the rental procedures
and criteria set forth in this document may be subject to
disciplinary action, termination of employment and/or federal
court sanctions.
STATEMENT OF AGENT OR EMPLOYEE
I have read the above Nondiscrimination Policy. I
understand its terms and intend to comply with them.
_______________________
Signature
_______________________
Printed Name
_______________________
Date
EXHIBIT C (NOTICE OF VICTIM FUND)
NOTICE OF SETTLEMENT AND CONSENT DECREE REGARDING HOUSINGDISCRIMINATION LAWSUIT
On __________, 1999, the US District Court in New Orleans
entered an order with consent of the parties resolving
discrimination lawsuits brought by the United States and two
private plaintiffs. The lawsuits alleged that a Metairie-based
apartment finding service, along with two individual landlords,
discriminated against African Americans and families with
children under age 18 who were seeking rental housing.
Without admitting liability or wrongdoing, all parties have
agreed to resolve the lawsuit under the terms of the Consent
Decree.
The United States is now seeking information from all
persons who claim to have suffered unlawful housing
discrimination by these Defendants or at rental locations on St.
Patrick, Olympia, Penniston and Cleveland Streets in New Orleans;
on Richland St. in Metairie; and on Central Ave. in Jefferson.
Persons who believe that they may have a valid claim of
racial or familial status discrimination by these defendants or
at these locations are invited to contact the United States
Department of Justice before ________________, 1999 (six months
from the date of the Decree) at 1-800-896-7743 (press option
___).
You may also write to:
United States Department of Justice
Civil Rights Division
Housing and Civil Enforcement Section
P.O. Box 65998
Washington, DC 20035-5998
EXHIBIT D (VERIFICATION OF FAIR HOUSING TRAINING)
I, ___________________, certify that on _______________, I
attended a fair housing training session conducted by
_____________________ of the organization
______________________________. I attended this training
session for at least ________ hours. I received
instruction at this training session on the topics referred to in
the attached agenda.
I declare under penalty of perjury that the foregoing is
true and correct to the best of my knowledge and belief.
____________________
Signature
Date: _______________
EXHIBIT E-1 (SUMMARY OF DECREE--AHH)
In 1997, the United States and two private plaintiffs filed
separate federal lawsuits alleging that AHH discriminated against
African-American clients and clients with minor children. These
cases, which also named landlord Charles Spitzfaden, III as a
defendant, were consolidated together and jointly settled before
trial in 1999 through a judicial order agreed to by the parties
(the Consent Decree). At all times, these Defendants denied all
of the allegations and claims made in these suits. The Consent
Decree requires defendants and their agents to take certain steps
to address the allegations of discrimination made by the
plaintiffs. As an agent of one of the defendants, you must
follow these steps, some of which are summarized below. The
Decree is a federal court order which will last until 2004, and
violating it may subject a defendant to civil contempt.
++The Decree forbids anyone from providing less favorable or
helpful service, information, or apartments to anyone because
they are black or because they have children under 18.
++The Decree forbids the use of an occupancy limit more
restrictive than two persons per bedroom.
++Although you can ask someone seeking an apartment how many
total people will be living there, you cannot ask them for
information about their children prior to their signing a lease
(unless they bring it up themselves). After they sign a lease,
information about their children should be obtained and recorded
for a report sent to the Department of Justice (see below).
++All defendants and agents must receive fair housing
training, either from the GNO Fair Housing Action Center, Inc.
(FHAC) or as part of the continuing education licensing
requirements of the Louisiana Real Estate Commission.
++AHH must ensure that all advertising contains either the
phrase "Equal Housing Opportunity Provider" or the fair housing
logo, and that business forms include a similar statement,
spelled out in the Decree.
++AHH must advertise in the Louisiana Weekly as well as the
Times-Picayune, and must notify certain organizations of
available vacancies once a week.
++AHH must keep photo I.D. records of tenants; and all
Defendants must keep (a) records of the race and I.D. of persons
shown apartment units; (b) records of advertising; and (c)
records regarding training and other things done as part of the
Decree.
++AHH must file an annual report with the U.S. Dept. of
Justice outlining their compliance with the Decree. The report
must include the records in (a) through (c) above.
EXHIBIT E-2 (SUMMARY OF DECREE--Paciera)
In 1997, the United States and two private plaintiffs filed
separate federal lawsuits alleging that AHH discriminated against
African-American clients and clients with minor children. These
cases, which also named landlord Vincent Paciera as a defendant,
were consolidated together and jointly settled before trial in
1999 through a judicial order agreed to by the parties (the
Consent Decree). At all times, these Defendants denied all of
the allegations and claims made in these suits. The Consent
Decree requires defendants and their agents to take certain steps
to address the allegations of discrimination made by the
plaintiffs. As an agent of one of the defendants, you must
follow these steps, some of which are summarized below. The
Decree is a federal court order which will last until 2004, and
violating it may subject a defendant to civil contempt.
++The Decree forbids anyone from providing less favorable or
helpful service, information, or apartments to anyone because
they are black or because they have children under 18.
++The Decree forbids the use of an occupancy limit more
restrictive than 2 persons per bedroom.
++Although you can ask someone seeking an apartment how many
total people will be living there, you cannot ask them for
information about their children prior to their signing a lease
(unless they bring it up themselves). After they sign a lease,
information about their children should be obtained and recorded
for a report sent to the Department of Justice (see below).
++All defendants and agents must receive fair housing
training, either from the GNO Fair Housing Action Center, Inc.
(FHAC) or as part of the continuing education licensing
requirements of the Louisiana Real Estate Commission.
++The Pacieras must ensure that all advertising contains
either the phrase "Equal Housing Opportunity Provider" or the
fair housing logo, and that business forms include a similar
statement, spelled out in the Decree.
++The Pacieras must advertise in the Times-Picayune, and
must promptly notify certain organizations of available
vacancies.
++The Pacieras must keep (a) records of the race and I.D. of
persons shown apartment units; (b) records of advertising; and
(c) records regarding training and other things done as part of
the Decree.
++The Pacieras must file an annual report with the U.S.
Dept. Of Justice outlining their compliance with the Decree. The
report must include the records in (a) through (c) above.
EXHIBIT F
RELEASE
In consideration of the payment of $ _________________ to
_______________, I, ____________________, release and discharge
the defendants in Case No. 97-2305 C(2)/97-2532 C(2) (circle one)
from any liability relating to the claims raised in the
complaints in this case, for any conduct up to and including the
date of this Release.
Defendants deny any liability for the claims and allegations
raised in these cases.
________________________
Signature
Date: ____________________
AGREEMENT
Pursuant to paragraph III.1 of the consent decree in the
consolidated cases Nos. 97-2305 C(2), 97-2532 C(2), and 97-2920
C(2), the following monetary payments will be made.
$50,000 by defendants AHH, Hunter, Mabile, Spitzfaden,
Sweeney, Epstein, and Puchot.
$50,000 by defendants Vincent and Shirley Paciera, and Gulf
Coast Properties, Inc. (Gulf Coast).
$80,000 by defendant State Farm Fire and Insurance Co., Inc.
From this total of $180,000, the plaintiffs in these
consolidated cases shall receive the following.
The United States shall receive $10,000 in the form of a
civil penalty, and FHAC shall receive $50,000 for a victim
compensation fund as set out in Section II of the consent decree.
Defendants Vincent Paciera, Shirley Paciera, Gulf Coast, and ____
shall each pay $1,000 toward the $10,000 civil penalty.
The Greater New Orleans Fair Housing Action Center, Inc.
(FHAC) shall receive $90,000.
Plaintiff LaJana Paige shall receive $30,000.
The initial training session (but not subsequent make-up
sessions) required in Section IV.1 shall be provided free of charge by FHAC.
Except for the $10,000 civil penalty, the monies paid by
defendants in these consolidated cases represent damages and
attorney fees.
____________________
For the United States
____________________
For FHAC
____________________
For LaJana Paige
____________________
For defendants AHH, Hunter, Mabile, Spitzfaden, Sweeney, Epstein, and Puchot
____________________
For defentants Vincent & Shirley Paciera and Gulf Coast
____________________
For defendant State Farm
____________________
Digna Hunter (for AHH)
____________________
Digna Hunter
____________________
Lori Mabile
____________________
Dionne Epstein
____________________
Kathy Sweeney
____________________
Maxine Puchot
____________________
Charles Spitzfden, III
____________________
Vincent Paciera, Sr. (for Gulf Coast)
____________________
Vincent Paciera, Sr.
1. For the purposes of this consent Decree, Vincent Paciera,
Shirley Paciera, and Gulf Coast can be considered together as
"the Paciera defendants." Defendants AHH, Hunter, Mabile,
Spitzfaden, Sweeney, Epstein, and Puchot can be considered
together as "the AHH defendants." Paige, FHAC, and the United
States can be considered together as "plaintiffs."
2. Nothing in this decree shall prevent defendants from
considering the total number of intended occupants (of any age)
when deciding whether a prospective tenant is a suitable
candidate for a rental unit pursuant to a neutral landlord-imposed occupancy limit, provided that the occupancy limit does
not operate unreasonably to limit or exclude families with
children. See 54 Fed. Reg. 3237 (1989).
3. As used in this Decree, "familial status information"
includes any information about the number and/or ages of children
living or staying with prospective tenants, or living at
particular rental units; any information regarding the number
and/or ages of children preferred by landlords; any judgment
regarding the suitability of a particular rental unit for
children; and any restriction, or change in rental terms or
conditions, premised on the number and/or ages of children to be
living or staying in particular rental units. It does not
include information about the total number of persons, of any
age, who will or may reside in a rental unit.
4. See 24 C.F.R. Part 110.
5. As used in this Decree, a single "test" is made up of one
set of completed tests from a single matched pair of testers.
6. In this Decree, a "privately owned unit" includes a unit
which is not owned (in whole or in part) by a commercial realty
company. It also includes a unit owned under the name of a
family-owned or closely held commercial entity. All Paciera and
Spitzfaden units are "privately owned."
7. A photo I.D. will not be deemed "unavailable" unless a
defendant asks the tenant involved for a copy of such I.D. and is
told that the tenant has none.
8. Defendants will obtain the race information based on
personal observation only; where the race of a client cannot be
ascertained based on personal observation, this fact shall be
noted.