UNITED STATES OF AMERICA,
Plaintiff,
v.
CA No. 9:99CV287
DWAIN CHRISTOPHER,
Defendant
____________________________________
This action was commenced by the United States of America on October 25, 1999, on behalf of Rhonda Fawcett, and her minor children ("the Fawcetts") pursuant to Section 812(o) of the Fair Housing Act, as amended, 42 U.S.C. § 3601 et seq. ("the Act"). The complaint alleges that Dwain Christopher ("Defendant") discriminated against the Fawcetts on the basis of race by refusing to rent them the house located at FM 225, Route 3; Box 2400; Nacogdoches, TX 75964 ("the rental house") because two of the children are bi-racial (black/white) and by making statements indicating a preference, limitation, or discrimination on the basis of race with respect to renting the rental house, in violation of Sections 804(a) and (c) of the Act, as amended, 42 U.S.C. §§ 3604(a) and (c).
Specifically, the complaint alleges that on or about July 21, 1997 Defendant showed Ms. Fawcett the house, agreed to rent it to her, and instructed her to have her Section 8 counselor, Sharon Conner, call him about the rental. However, approximately 30 minutes later, Defendant informed Ms. Conner that he would not rent to Ms. Fawcett because he was concerned for the safety of the house and the Fawcetts due to the racial composition of Ms. Fawcett's family and the fact that the house was located in an all white, "red neck" community. He informed Ms. Conner that he was taking the house off the market. Defendant Christopher filed an answer to the complaint denying the plaintiff's allegations.
The parties desire to avoid protracted and costly litigation. Therefore, without a trial or adjudication on the merits, the parties have consented to the entry of this Order, as indicated by the signatures appearing below.
It is hereby ORDERED, ADJUDGED and DECREED that the Defendant, his agents and employees, successors and assigns, and all persons in active concert or participation with him in the ownership and/or operation of all rental property owned and managed by the Defendant are hereby permanently enjoined from:
Within thirty (30) days after the date of this Order, Defendant shall take the following steps to notify the public of his nondiscriminatory policies:
We are an equal housing opportunity provider. We do not discriminate because of race, color, sex, national origin, religion, handicap or familial status (having children under age 18).
Six (6) months after the entry of this Order, and thereafter every six (6) months for a period of three (3) years after entry of this Order, Defendant shall deliver to counsel for the United States a report containing the following information:
Defendant shall, for forty (40) months following the date of entry of this Order, preserve all records which are the source of, or contain, any of the information pertinent to Defendant's obligations under this Order. Upon reasonable notice to counsel for Defendant, representatives of the United States shall be permitted to inspect and copy all pertinent records of Defendant at any and all reasonable times; provided, however, that the United States shall endeavor to minimize any inconvenience to Defendant from inspection of such records.
Defendant shall advise counsel for the United States in writing within thirty (30) days of receipt of any written complaint against the Defendant, or against any of Defendant's employees, rental agents or residential rental properties, regarding equal opportunity in housing. This notification shall include full details of the complaint and any action taken by the Defendant, and shall be accompanied by all pertinent documents. (1)
It is FURTHER ORDERED that within thirty (30) days following the entry of this Order, Defendant shall make a monetary disbursement of Nine Thousand Dollars ($9,000.00) to complainants in compensatory damages to settle all monetary claims involving Ms. Fawcett and her minor children arising out of this action. Such payment shall be made by cashiers checks in the following amounts: (1) Six Thousand Six Hundred Dollars ($6,600.00) payable to Rhonda Fawcett, on behalf of herself and three of her minor children, and (2) Two Thousand Four Hundred Dollars ($2,400.00) payable to Louis Fawcett, on behalf of two of her minor children. The cashiers checks shall be sent to Counsel for the United States at the address shown below:
Ana Henderson
Department of Justice, Civil Rights Division
Housing and Civil Enforcement Section
1800 G Street, NW Suite 7002
Washington, DC 20006
In consideration of said payments, Rhonda Fawcett shall execute a release signifying that the amount received constitutes full settlement of any claims she and her minor children, may have related to the subject matter of this lawsuit, and Louis Fawcett shall execute a release signifying that the amount received constitutes full settlement of any claims for two minor children, may have related to the subject matter of this lawsuit.
The Court retains jurisdiction to enforce the terms of this agreement for a period of forty (40) months or six (6) months from the date of receipt of the last report required by Section IV, whichever is greater. The parties to this Order shall endeavor in good faith to resolve informally any differences regarding interpretation and compliance with this Order prior to bringing such matters to the Court for resolution.
The undersigned apply for and consent to the entry of this Order:
For Defendant | For the United States |
David J. Guillory, Esquire 510 Pilar Street Nacogdoches, TX 75961 |
Jeanine M. Worden Deputy Chief Ana Henderson Attorney Housing & Civil Enforcement Section Civil Rights Division U.S. Department of Justice P.O. Box 65998 Washington, DC 20035-5998 (202) 514-4713 |
Mathey D. Orwig Assistant United States Attorney 660 N. Central Expressway Ste. 400 Plano, TX 75074 (972) 509-1201 (972) 509-1209 (fax) Texas Bar No. 15325300 |
This is to inform you that Dwain Christopher follows a policy of nondiscrimination in housing in all aspects of his rental property management business and that he neither enforces nor permits any occupancy policy or procedure which contains restrictions on the rental of apartments and the provision of rental services and facilities because of race or color.
If you have any questions about this policy, please contact the management.
1. All documents required to be sent to the United States pursuant to this Consent Order shall be addressed to: Chief, Housing and Civil Enforcement Section, Civil Rights Division, United States Department of Justice, Post Office Box 65998, Washington, D.C. 20035-5998.
Document Filed: February 20, 2001