UNITED STATES DISTRICT COURT FOR THE
MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
UNITED STATES OF AMERICA, Plaintiff,
v.
DAVID DAMRON, Defendant.
_____________________________
CONSENT ORDER
The United States initiated this action pursuant to Section
814 of the Fair Housing Act, 42 U.S.C. 3614, alleging that the
Defendant has engaged in a pattern or practice of discrimination
on the basis of race in the rental of dwellings at Bruner Trailer
Park, in violation of the Fair Housing Act, as amended, 42 U.S.C.
3601, et seq. Bruner Trailer Park is located in Montgomery,
Alabama, and is owned by Defendant David Damron.
The Defendant admits that his actions in running the Bruner
Trailer Park violate the Fair Housing Act. More specifically,
were this case to proceed to trial, the Defendant admits that
United States would present evidence as follows, which supports a
finding by the Court that the Defendant has engaged in a pattern
or practice of discrimination on the basis of race, in violation
of Section 804 of the Fair Housing Act, 42 U.S.C. 3604:
- Defendant Damron inquired into whether potential white
tenants had any African-American friends who might visit them at
Bruner Trailer Park;
- Defendant Damron conditioned tenancy to prospective
white tenants upon representations that the prospective tenants
would not have any African-American visitors;
- Defendant Damron evicted and otherwise harassed white
tenants who had African-American visitors;
- Defendant Damron instructed at least one agent
responsible for screening applicants not to rent to African-Americans
and to tell any African-Americans who inquired about
available trailers that the landlord had just rented the last
trailer;
- Defendant Damron made statements indicating a preference
not to rent to African-Americans; and
- In a fair housing test conducted by the Federal Bureau
of Investigation, Defendant Damron:
- told the African-American FBI agent that he had just
rented the last available trailer while informing the white FBI
agent that two trailers were available for rent;
- attempted to direct the African-American FBI agent to
another trailer park occupied predominantly by African-Americans;
- stated to the white FBI agent that Bruner Trailer Park
is a safe neighborhood because no African-Americans lived there;
and
- stated that he would not allow African-Americans to move
into the trailer park.
The United States and Defendant desire to avoid costly and
protracted litigation and have voluntarily agreed, as indicated
by the signatures below, to resolve the United States' claims
against the Defendant without the necessity of an evidentiary
hearing. After reviewing the terms of this Consent Order, the
Court concludes that the entry of this Consent Order comports
with the Fair Housing Act and federal law and is appropriate
under all the circumstances. Defendant Damron and the United
States fully anticipate that the provisions of the Order shall
ensure that Defendant Damron shall not engage in any future
violations of the Fair Housing Act. However, Defendant Damron
and the United States agree that in the event that Defendant
Damron engages in any future violation(s) of the Fair Housing
Act, such violation(s) shall constitute a "subsequent violation"
pursuant to 42 U.S.C. § 3614(d).
Therefore, it is ORDERED, ADJUDGED and DECREED as follows:
- Scope of Order
- All provisions of this Consent Order, unless stated
otherwise, shall apply to the rental dwellings owned by Defendant
Damron as listed in Attachment A as well as all other rental
dwellings acquired by Defendant Damron, or for which Defendant
Damron exercises managerial control, during the term of this
Consent Order.
- Unless otherwise stated, this Consent Order is in
effect for three years from the date of entry of the Order.
- This Consent Order shall not terminate with respect to
any one or more of the rental dwellings in the event that the
rental dwelling is sold or ownership is transferred to any member
of Defendant Damron's family.
- This Consent Order shall terminate with respect to any
one or more of the rental dwellings in the event that the rental
dwelling is sold for value to a bona fide purchaser which is
unaffiliated in any way with Defendant Damron, provided that at
least twenty (20) days before any such sale, Defendant Damron
notifies the United States in writing of the transfer and provide
written certification that (1) neither he or any member of his
family maintains any managerial, ownership, or other interest in
the rental dwelling; and (2) the sale is for value to a bona fide
purchaser which is unaffiliated in any way with Defendant Damron.
- Injunctive Relief
Defendant, his agents, employees, successors, and all
persons in active concert or participation with any of them are
permanently enjoined, with respect to the sale, rental, or
listing of dwellings(1) from:
- Refusing to show, rent, or sell a dwelling unit,
refusing or failing to provide or offer information
about a dwelling unit, or otherwise making unavailable
or denying a dwelling unit to any person because of
race or color;
- Discriminating against any person in the terms,
conditions or privileges of the listing, rental, or
sale of a dwelling unit, or in the provision of
services or facilities in connection therewith, because
of race or color;
- Misrepresenting to any person because of race or color
that any dwelling unit is not available for inspection,
sale, or rental when such dwelling unit is, in fact, so
available;
- Steering or referring persons to properties located in
different areas because of race or color; and
- Coercing, intimidating, threatening or interfering with
any person in the exercise or enjoyment of, or on
account of his having exercised or enjoyed, or on
account of his having aided or encouraged any person in
the exercise or enjoyment of, any right granted or
protected by the Act.
- Policies and Procedures
- The Defendant has adopted and shall implement no later
than the date of entry of this Order objective, uniform, and non-discriminatory
procedures governing the information to be given
persons inquiring about the availability of dwellings and, if
applicable, standards and procedures for the processing of
applications and the approval of applicants for the rental of
dwelling units. A copy of these standards and procedures is
appended hereto as Attachment B. These standards and procedures
shall be prominently displayed in the rental office of Bruner
Trailer Park and a copy of these standards and procedures shall
be made available upon request to any person inquiring about the
availability of dwellings.
- The Defendant shall, with respect to dwellings listed,
rented, or sold at Bruner Trailer Park:
- Maintain and provide to all persons inquiring about the
availability of dwellings an accurate list of all
dwellings known to be available for rental or sale as
set out in Paragraph VI;
- Inform prospective applicants who inquire about renting
or buying dwellings of all available dwellings; and
- Permit all prospective applicants the opportunity to complete a
written rental application (if applicable).
- Mandatory Education and Training
- Within 45 days after the date of entry of this Order,
the Defendant and any of his agents or employees with
responsibility for the listing, sale, or rental of dwelling units
shall attend a program of educational training concerning their
responsibilities under federal, state, and local fair housing
laws, regulations, or ordinances conducted by the Central Alabama
Fair Housing Center. The reasonable expenses associated with
this program shall be borne by the Defendant.
- At least 15 prior to this fair housing training,
Defendant Damron shall send a letter to each of the owners of
rental dwellings at Bruner Trailer Park inviting them to attend
this fair housing training session.
- All persons attending the program described in Paragraph
III A shall have their attendance certified in writing by the
person conducting the educational program. In conjunction with
such program Defendant shall: (1) provide a copy of this Consent
Order and inform each person of the duties of Defendant and his
employees and agents pursuant to the Order; and (2) obtain the
signed statement appearing at Attachment C from each employee and
agent indicating that he or she has received, read, and
understands this Consent Order and Defendant's policy of
nondiscrimination and further understands that violation of this
Order may result in sanctions against them by the Court.
- For the duration of this Order, each new employee or
agent of the Defendant with listing, rental, or sales
responsibilities shall be given a copy of and required to read
this Consent Order, and sign the statement appearing at
Attachment C, within 10 days after the date he or she commences
an employment or agency relationship with any owner thereof.
- Notification to Public of Nondiscriminatory
Policies
Within 10 days after the date of entry of this Consent
Order, Defendant Damron shall take the following steps to notify
the public of his nondiscriminatory policies:
- Pursuant to 24 C.F.R. Part 110, post and prominently
display in the rental office of Bruner Trailer Park a
Fair Housing Poster;
- Include the words "Equal Housing Opportunity" or the
fair housing logo in all advertising conducted by
Defendant and on all pamphlets, brochures and other
promotional literature. The words or logo should be
prominently placed and easily legible; and
- Include the following phrase in the standard rental
application and lease used for each of the rental
dwellings, using letters of equal size to those of the
text in the body of the document:
We are an equal housing opportunity provider. We
do not discriminate on the basis of race, color,
sex, national origin, religion, handicap or
familial status (having children under age 18).
- Record Keeping and Monitoring
- With respect to the listing, rental, or sale of rental
dwellings, Defendant Damron shall:
- Maintain an updated Availability List which includes
the address or trailer number of each dwelling known to
be available for rental or sale, the number of bedrooms
in each such unit, the monthly rent or sale price for
each such unit;
- Maintain an Application Log, if applicable, for all
written applications for tenancy submitted to and/or
processed by Defendant setting forth the name, address,
and race of applicants as well as the reasons(s) why
each application for tenancy was accepted, denied, or
otherwise disposed of;
- Maintain a Repair Request Log, which includes the date
each request was made, a description of the request,
trailer number, name and race of person making request,
date repair was made, and person who made repairs. If
repair cannot be made, please explain the reason for
denying the requested repair; and
- Maintain a Turnover Log which includes the trailer
number, name of tenant(s), race, dates of tenancy, and
reasons for moving.
- Six months after the date of entry of this Order, and
once per year thereafter for a period of three (3) years, the
Defendant shall deliver to counsel for the United States a report
covering the preceding year containing the following information:
- Copies of all signed statements secured pursuant to
Paragraphs IV B and C of this Order;
- Copies of the Availability Lists, Rental Application
Logs, Repair Request Logs, an Termination Logs
maintained pursuant to Paragraph VI of this Consent
Order; and
- Copies of any advertisements published in a newspaper
or any other medium during the reporting period.
These reports shall be due 10 days after the close of the
reporting period. The first report submitted pursuant to this
Paragraph shall also include a photograph of Defendant's office
showing the fair housing sign required by Paragraph V of this
Order.
- During the term of this Order, the Defendant shall
preserve all records which are the source of, contain, or relate
to any of the information pertinent to his obligations under this
Order. Upon reasonable notice to counsel for Defendant,
representatives of the United States shall be permitted to
inspect and copy all such records of the Defendant at any and all
reasonable times.
- During the term of this Order, the Defendant shall
advise counsel for the United States in writing within 15 days of
receipt of any written complaint against the Defendant, or
against any of his employees or agents, regarding equal opportunity in housing.
The Defendant shall provide a copy of the
complaint with the notice. The notice shall include the full
details of the complaint, including the complainant's name,
address, and telephone number. The Defendant shall also promptly
provide the United States all information it may request
concerning any such complaint and its actual or attempted
resolution.
- Compensation of Aggrieved Persons
- Within 15 days after entry of this Order, Defendant
Damron shall deposit the sum of ten thousand dollars ($10,000)
into an escrow account for the purpose of compensating any
persons who the United States has identified to have been the
victims of the Defendant's alleged discriminatory housing
practices. Within 20 days after receiving written notification
of the United States compensation determinations as described in
Paragraph VII F, Defendant shall deliver to Counsel for the
United States checks to the aggrieved persons payable as directed
in the written notification.
- In addition, the Defendant shall make available a total
of twenty thousand dollars ($20,000) in rental credits over the
term of the Consent Order for the purpose of compensating any
persons who the United States has identified to have been the
victims of the Defendant's alleged discriminatory housing
practices. Defendant shall make ten thousand dollars ($10,000)
in rental credits available during the first 12 months after the
United States has identified victims pursuant to Paragraph VII F
below. Defendant shall make an additional five thousand dollars
($5,000) in rental credits available in the second year of the
Consent Order, and a final five thousand dollars ($5,000) in
rental credits during the final year of the Consent Order.
- The Defendant shall permit representatives of the
United States to review any records in the possession or control
of the Defendant, his employees, agents, or representatives which
the United States believes to be useful in identifying persons
who may be entitled to relief under this Order.
- The United States shall notify Counsel for Defendant in
writing of the name and address of the aggrieved person(s) it has
identified and the amount from the compensation fund or the
amount of rental credits the United States believes each is
entitled.(2)
- The United States agrees to consider, in good faith,
objections by the Defendant, through Counsel, as to the identity
of aggrieved persons prior to making a final determination as to
the identity of such individuals and amounts received. Defendant
shall have up to 20 days after identification of aggrieved
persons to notify the United States of any such objections.
- Within 20 days of receipt of Defendant's objections, the
United States shall notify Defendant in writing of its
compensation determinations. For aggrieved persons who are
entitled to rental credits, the United States shall notify both
the Defendant and the aggrieved persons in writing specifying the
number of months that each tenant is entitled to rental credits.
Such credits shall commence at the beginning of the month
following receipt of this written notice.
- In consideration of the monetary payments or rental
credits, each of the persons identified by the United States as
aggrieved will, prior to the receipt of such funds or credits,
execute a release substantially equivalent to that set forth in
Attachment D appended hereto signifying that the amounts they are
to receive constitute full settlement of any claims they may have
against the Defendant relating to the subject matter of this
lawsuit.
- Court Jurisdiction
This action is dismissed with prejudice, except that the
Court shall retain jurisdiction for the duration of the Consent
Order to enforce the terms of the Consent Order. The provisions
of this Consent Order shall terminate ninety (90) days after the
last report required by Section VI is due or received. The
United States may move the Court to extend the duration of the
Order, if it determines that Defendant Damron has violated one or
more terms of the Order or if the interests of justice otherwise
require an extension of the terms of the Order. The burden shall
be on the United States to prove that an extension is necessary.
- Remedies for Non-Performance
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 Defendant, whether willful or
otherwise, to perform in a timely manner any act required by this
Consent Order or otherwise fail to act in accordance with 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 or deeming
such act to have been performed, and an award of any damages,
costs, and attorneys' fees which may have been occasioned by the
Defendant's violation or failure to perform. The Court shall
retain jurisdiction to enforce the terms of this Order.
- Time for Performance
Any time limits for performance imposed by this Consent
Order may be extended by mutual agreement of the parties, which
agreement shall not be unreasonably withheld.
ORDERED this ____________ day of _________________________, l999.
UNITED STATES DISTRICT JUDGE
The undersigned apply for and consent to the entry of this Order:
For the United States:
BILL LANN LEE
Acting Assistnat Attorny General
JOAN A. MAGAGNA
JOSEPH D. RICH
JON M. SEWARD
Attorneys
Civil Rights Division
U.S. Department of Justice
P.O. Box 65998
Washington, D.C. 20035
(202) 307-3804
REDDING PITT
United States Attorney
Middle District of Alabama
For the Defendant:
RICHARD K. KEITH, Esq.
Keith & Hamm
235 South McDonough St.
Montgomery, Ala. 36104
334/264-6776
Attorney for Defendant
DAVID DRAMON
ATTACHMENT A
RENTAL DWELLINGS
The blow-listed dwellings located at Bruner Trailer Park are
owned by Defendant Damron and are "rental dwellings" subject
to the terms of this Consent Order. Any dwellings acquired
by Defendant Damron, or for which Defendant Damron exercises
managerial control, during the duration of this Consent
Order are rental dwellings subject to the terms of this
Consent Order.
Rental Dwellings:
- 12 Bruner Drive
- 13 Bruner Drive
- 19 Bruner Drive
- 20 Bruner Drive
- 21 Bruner Drive
- 25 Bruner Drive
- 33 Bruner Drive
- 36 Bruner Drive
- 42 Bruner Drive
- 46 Bruner Drive
- 49 Bruner Drive
- 51 Bruner Drive
- 53 Bruner Drive
- 58 Bruner Drive
- 59 Bruner Drive
- 61 Bruner Drive
- 101 Bruner Drive
- 112 Bruner Drive
ATTACHMENT B
Bruner Trailer Park is an equal housing opportunity and its
owner David Damron does not discriminate against anyone in any
aspect of the rental of trailers because of race, color, national
origin, religion, sex, handicap, or familial status (having
children under the age of 18 years). Further, Bruner Trailer
Park, through its owner David Damron, complies with all federal,
state and local laws. Accordingly, prospective applicants
inquiring about available units will be informed of all available
units.
ATTACHMENT C
On _________________________, 1999 , I was instructed by
______________________________________ with respect to my
responsibilities under Bruner Trailer Park's policies and
procedures and the Order entered by the federal district court in
United States v. David Damron, C.A. No. (M.D. Ala.). I have
received a copy of and have read that Order. I understand my
legal responsibilities under this Order and those policies and
procedures, and I will comply with those responsibilities. I
further understand that the Court may impose sanctions on me if I
violate a provision of this Order and that my employer may also
discipline me if I violate a provision of that Order.
__________________________________________
(Signature)
__________________________________________
(Print name)
__________________________________________
(Date)
ATTACHMENT D
RELEASE
I, ___________________, hereby acknowledge that in
consideration of $_______ as well as the covenants and agreements
made and reflected in the Consent Order entered in United States
v. David Damron, C.A. No. (M.D. Ala), the receipt of all of
which is hereby acknowledged, I hereby release and discharge all
claims, including attorneys fees, that I may have against David
Damron arising out of, or related in any way to, the aforesaid
litigation.
I further understand that this Release shall be binding upon
my heirs, successors, and any and all persons acting in concert
with me. I further understand that I am releasing not only the
claims which were raised in the aforementioned lawsuit, but all
claims, of any kind, nature or description whatsoever, whether
they be in contract, tort, or in the litigation referenced above,
for any actions or events that have occurred or that may have
accrued up to and including the date of this Release.
I also acknowledge that I have had the opportunity to review
the terms of this Release and with an attorney of my choosing,
and to the extent that I have not obtained that legal advice, I
voluntarily and knowingly waive my right to do so. By my
signature affixed hereto, I acknowledge that I have read and
fully understood the terms of this Release, and am in agreement
therewith.
__________________________________________
County of _____________________
State of Alabama
SUBSCRIBED and sworn to before
me this ________ day of _________________, 1999.
______________________________
Notary Public
My Commission expires:
1. For the purposes of this Order, "dwelling" shall
have the same meaning as it does in the Fair
Housing Act, 42 U.S.C. § 3602(b).
2. The funds distributed to aggrieved persons are
intended to compensate them for emotional
distress and other injuries. For those persons receiving public benefits, such funds shall
only be
available for supplemental personal needs--expenses other than food, clothing residence upkeep,
medical costs, or maintenance needs--and are not intended to supplant entitlement to public
funds, e.g., Supplemental Security Income or Medicaid.