IN THE UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF ILLINOIS
UNITED STATES OF AMERICA,
Plaintiff,
v.
CIVIL ACTION NO. 00-331-MJR
CITY OF FAIRVIEW HEIGHTS,
ILLINOIS,
Defendant.
_____________________________________
CONSENT DECREE
The United States of America filed this action in April 2000
to enforce the provisions of Title VIII of the Civil Rights Act
of 1968 (the Fair Housing Act), 42 U.S.C. §§ 3601-3619, against
the Defendant, the City of Fairview Heights, Illinois (the City).
- Complainant T.R. Forte Investments, Inc. (TR Forte), is
a real estate development and investment company run by
complainant Rodney L. Forte (Forte), who is African-American.
Forte is married to Thalia Forte, who is African-American and has
an interest in TR Forte. In partnership with The Lasker
Construction Company (Lasker Construction), which is owned by
Greg Lasker, who is African-American, Forte developed a plan to
build a 154-unit apartment complex, The Villas at Lake Chester
(the Villas), in Fairview Heights. The Villas were to be sited
on land owned by Intervening Plaintiffs Pauline Brisk, Anthony
Holdener, Agnes Schmiskie, Catherine Thouvenot, Lillian M.
Holdener, Robert Charles Holdener, Frederick J. Holdener, Ronald
J. Holdener, Linda K. Holdener, and Thomas L. Holdener and zoned
Planned Residential (PR).
- The appraiser, Lee Hill, and the real estate agent,
Chiquita Kimari, retained by Forte and Lasker for the Villas are
African-American. The architect of the Villas was Terry Burruss.
The Villas development was to utilize a U.S. Department of
Housing and Urban Development (HUD) mortgage insurance program
through the State Bank of Danville, Arkansas. The bank was
represented by Judious Lewis, who is African-American.
- On October 9, 1998, Forte filed a petition or
application with the City to build the Villas. On November 10,
1998, the Fairview Heights Planning Commission held a hearing on
the Villas. At the conclusion of the hearing, the Commission
voted unanimously to recommend denial of the Villas proposal. On
November 18, 1998, the City held an Aldermanic Planning Committee
Meeting at which the Villas proposal was discussed. By a 2-1
vote, the Planning Committee voted to deny the Villas proposal.
On December 1, 1998, the City Council voted 6-0 to deny the
Villas proposal and passed Resolution No. 2560-'98, which Mayor
Gail Mitchell approved on December 2, 1998. In each instance,
the City's stated reasons for denial were detrimental effect on
schools and traffic and incompatibility with the adjoining land
use.
- On February 3, 1999, Forte filed a housing
discrimination complaint with the Secretary of HUD. An amended
complaint was filed on April 14, 1999. Forte's complaint alleged
that Fairview Heights' denial of his proposal to build the Villas
constituted discrimination based upon race in violation of the
Fair Housing Act. The Secretary of HUD determined that the
complaint involved the legality of state or local zoning or other
land use laws or ordinances. Accordingly, pursuant to 42 U.S.C.
§ 3610(g), the Secretary referred the matter to the Attorney
General for appropriate action.
- The United States alleges that the City discriminated
based on race and familial status when it denied the Villas
development proposal. The City denies the United States'
allegations and denies any liability on the part of the City, its
agents, employees, successors or assigns. The parties agree
that this matter should be settled, and accordingly, consent to
the entry of this Consent Decree, subject to approval by the
Court. Entry into this Consent Decree, and the performance of
any acts under this Decree, does not constitute, and shall not be
taken to constitute, any admission whatever on the part of the
City.
- Monetary Relief for Identified Aggrieved Persons.
- In settlement of the disputed claims of the United
States, the Defendant's insurance company, Twin Cities Fire
Insurance Company, will pay a total of $275,000.00 to the
identified aggrieved persons, including the Intervening
Plaintiffs, as monetary relief.
- Within thirty (30) days of the entry of the Decree,
separate checks made payable to each aggrieved person for his or
her respective share of the monetary relief shall be delivered to
the United States as follows:
- Rodney Forte: $80,000.00;
- Greg Lasker: $80,000.00;
- Thalia Forte: $10,000.00;
- Judious Lewis: $15,000.00;
- Terry Burruss: $5,000.00;
- Lee Hill: $2,500.00; and
- Chiquita Kimari: $2,500.00.
- Each aggrieved person shall receive his or her
check only after such person has signed a Release of Claims
regarding the City. An example of such a release is attached to
this Decree as Attachment A.
- Within thirty (30) days of the effective date of
the Decree, a check made payable to the Intervening Plaintiffs,
Pauline Brisk, Anthony Holdener, Agnes Schmiskie, Catherine
Thouvenot, Lillian M. Holdener, Robert Charles Holdener,
Frederick J. Holdener, Ronald J. Holdener, Linda K. Holdener, and
Thomas L. Holdener and their Counsel for $80,000.00 shall be
delivered to Counsel for the Intervening Plaintiffs (1).
- Each Intervening Plaintiff shall receive his or her
check only after such person has signed a Release of Claims
regarding the City. An example of such a release is attached to
this Decree as Attachment B.
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED AS FOLLOWS:
- Compliance with the Fair Housing Act.
The Defendant, its agents, employees, successors, and
assigns, as well as anyone in active concert or participation
with it, are hereby permanently enjoined from:
- discriminating on the basis of race, color, sex,
national origin, religion, familial status, or handicap in any
aspect of the administration of its zoning code or ordinances
relating to housing;
- denying or otherwise making dwellings unavailable to
persons because of race, color, sex, national origin, religion,
familial status, or handicap;
- discriminating in the terms, conditions, or privileges
of the sale or rental of dwellings, or in the provision of
facilities and services in connection therewith, because of race,
color, sex, national origin, religion, familial status, or
handicap;
- making, printing, or publishing, any notice, statement,
or advertisement relating to any housing that indicates any
preference, limitation or discrimination based on race, color,
sex, national origin, religion, familial status, or handicap;
- coercing, intimidating, threatening, or interfering with
any person in the exercise or enjoyment of, or on account of
having exercised or enjoyed, or on account of having aided or
encouraged any other person in the exercise or enjoyment of, any
right protected by the Fair Housing Act; and
- taking any other action that violates the Fair Housing
Act.
- DESIGNATION OF FAIR HOUSING COMPLIANCE OFFICER.
- Within thirty (30) days of the entry of this Decree, the
City shall designate a Fair Housing Compliance Officer (FHCO) to
receive complaints of alleged housing discrimination against the
City, educate the City and its employees on fair housing,
participate in fair housing meetings and training and coordinate
the City's compliance with this Decree. The FHCO shall maintain
copies of this Consent Decree, the HUD Complaint form and the HUD
pamphlet entitled "Are you a victim of housing discrimination?"
(HUD official form 903 and 903.1, respectively) (3) and make these
materials freely available to anyone, upon request, without
charge, including all persons making fair housing complaints to
the FHCO.
- The City shall become a member of the St. Louis area
Fair Housing Collaborative (FH Collaborative) (4). The FHCO shall
attend the regular meetings of the FH Collaborative, the Fairview
Heights Affirmative Action Committee (AA Committee) and similar
City committees concerning housing, discrimination, race, or
civil rights. The FHCO shall report every three months to the
City on the issues discussed at the FH Collaborative meeting and
on fair housing in general. If the FH Collaborative or AA
Committee are renamed, reorganized, or discontinued, the FHCO
must attend similar meetings and committees for the duration of
this Decree.
- The City shall submit to the United States the
identification of the FHCO within forty-five (45) days after
entry of this Decree. The City shall, annually after entry of
this Decree, submit to the United States the identity of the FHCO
and a list of the FH Collaborative, AA Committee, and other fair
housing-related meetings attended by the City and FHCO during the
previous year.
- FAIR HOUSING OUTREACH.
- The City shall place the phrase "Equal Housing
Opportunity" or the fair housing logo in all future published
notices and advertisements relating to housing or residential
development and submit copies of all such notices and
advertisements to the United States within six (6) months of
publishing.
- Within forty-five (45) days from the date of entry of
this Decree, the Defendant shall obtain an official HUD "Equal
Housing Opportunity" poster (HUD form 928). The City shall place
a legible sticker on the poster containing the name, telephone
number and location of the City's FHCO. The poster shall be
placed in a prominent location in the City Hall, in an area where
applicants/petitioners for zoning- and land use-related
transactions acquire information and forms from the City.
- The City shall include a copy of HUD form 903.1 and the
identity of the City's FHCO, in written form, in the application
packet that is given to residential developers seeking
information on zoning and land use.
- FAIR HOUSING TRAINING AND EDUCATION.
- Within ninety (90) days after the entry of this Decree
and annually thereafter for the duration of the Decree, the City
shall provide, through an independent contractor approved by the
United States, an educational training session for all of its
employees with responsibilities relating to zoning and land use,
including all planning commission members, all elected officials,
all zoning board members, all inspectors, all code enforcement
officers, and all employees of the land use and development and
planning departments. The purpose of the training is to educate
the participants on their own and the City's responsibilities
under the Fair Housing Act and local fair housing laws. Each
training sessions shall be a minimum of two (2) hours in
duration. All participants shall have their attendance certified
in writing by the person conducting the training. Within
fourteen (14) days after the training sessions, the written
attendance certification(s) shall be submitted to the United
States.
- Within sixty (60) days after the entry of this Consent
Decree and thereafter sixty (60) days prior to the annual
training sessions for the duration of this Decree, the City shall
provide, or direct the training contractor to provide, a copy of
the training materials to be used at the training sessions to the
United States for its review and approval, which may not be
unreasonably withheld. Said approval shall be given no later
than thirty (30) days before the training session.
- Within sixty (60) days after the entry of this Decree,
the City shall furnish to all of its employees and agents in the
land use and development and planning departments a copy of this
Consent Decree and inform each of the duties of the City and its
employees and agents pursuant to the Decree. The City shall
forward a list identifying by name and title each said employee
or agent receiving this Decree and being informed of the City's
and its employees' duties under the Decree to the United States
within ninety (90) days of the date of entry of this Consent
Decree.
- Within twenty-one (21) days after a new or current
employee begins to work in the land use and development and
planning departments, that employee shall receive a copy of this
Consent Decree and be informed of the duties of the City and its
employees and agents pursuant to the Decree. Such employees
shall also participate in the next annual training session as
described in Section II 4(a). The City shall forward a list
identifying by name and title each said employee or agent
receiving this Decree and being informed of the City's and its
employees' duties under the Decree to the United States within
fourteen (14) days after the person receives the Decree and is
informed of said duties.
- REPORTING AND RECORD-KEEPING REQUIREMENTS.
- For the duration of this Consent Decree, the Defendant
shall notify the United States of each and every proposal
presented by any entity for any multi-family housing development
of any type which is denied, disapproved, or turned down by the
City or its agents or employees. This notification shall
identify: (i) the name, address, and telephone number of the
entity making the proposal and the race of the representative(s)
of the entity; (ii) the nature of the proposal; and (iii) the
disposition of the proposal. The City shall maintain all records
relating to these proposals for at least the duration of this
Decree.
- The City shall notify the United States, in writing,
within sixty (60) days of the receipt by the City of any written
complaint alleging housing discrimination by the City. This
notification to the United States shall indicate any action taken
by the City in response to the complaint, and shall be
accompanied by all pertinent documents, including a copy of the
complaint, any documents filed with the complaint, and any
written response to the complaint by the City.
- For the duration of this Consent Decree, the Defendant
shall maintain all records relating to each and every proposal
presented by any entity for any multi-family housing development
of any type. These records shall identify: (i) the name,
address, and telephone number of the entity making the proposal
and the race of the representative(s) of the entity; (ii) the
nature of the proposal; and (iii) the disposition of the
proposal.
- INSPECTION OF DOCUMENTS.
For the duration of this Consent Decree, the Defendant shall
preserve all records pertaining to the Defendant's implementation
of the provisions of and obligations under the Consent Decree.
Upon reasonable notice to the Defendant's counsel,
representatives of the U.S. Department of Justice shall be
permitted to inspect and copy all such records at reasonable
times in order to monitor the Defendant's compliance with the
Consent Decree.
- JURISDICTION AND ADMINISTRATION
This Consent Decree shall remain in effect for a period of
three (3) years following the date this Consent Decree is entered
and becomes final, and the Court shall retain jurisdiction over
this action for purposes of resolving any disputes that may arise
under the Consent Decree. The parties to this Consent Decree
shall endeavor in good faith to resolve informally any
differences regarding interpretation of and compliance with the
Consent Decree prior to bringing such matters before the Court
for resolution. The signatures of the parties to this Consent
Decree constitute waivers by each executing party of any right to
challenge the validity of this Consent Decree at any time.
*****
DATED this ___ day of ___, 2001.
BY THE COURT:
_________________________
MICHAEL J. REAGAN
United States District Judge
AGREED TO BY:
For Plaintiff, United States of Amierca, |
For Defendant, City of Fairview Heights, Illinois, |
JOAN A. MAGAGNA, Chief
TIMOTHY J. MORAN
RICHARD A. KOFFMAN
KEVIN J. KIJEWSKI
U.S. Department of Justice
Civil Rights Division
Housing and Civil Enforcement Section
P.O. Box 65998
Washington, D.C. 20035-5998
202-305-3102
FAX: 202-514-1116
|
DAWN A. SALLERSON
MARK D. BAUMAN
JEFFREY A. KOPIS
HINSHAW & CULBERTSON
521 West Main Street, Ste. 300
Belleville, IL 62222-0509
618-277-2400
FAX: 618-277-1144
|
W. CHARLES GRACE
Acting United States Attorney
|
ROBERT E. BECKER
GARRETT P. HOERNER
BECKER, PAULSON & HOERNER, P.C.
5111 West Main Street
Belleville, IL 62226
618-235-0020
FAX: 618-235-8558
|
JAMES M. HIPKISS
Assistant United States Attorney
9 Executive Drive, Suite 300
Fairview Heights, IL 62208
618-628-3700
FAX: 618-628-3720
|
|
For Intervening Plaintiffs, |
|
JOHN J. PAWLOSKI
BOGGS, BACKER & BATES, LLC
7912 Bonhomme, Ste. 400
St. Louis, MO 63105-1912
314-726-2310
FAX: 314-726-2360 |
|
1. John J. Pawloski, Boggs, Backer & Bates, LLC, 7912 Bonhomme, Ste. 400,
St. Louis, MO 63105-1912.
2. All submission and notifications to the United States required by this
Consent Decree shall be sent to: Chief of the Housing and Civil Enforcement
Section, Attn: 175-25-85, Civil Rights Division, U.S. Department of Justice,
P.O. Box 65998, Washington, DC 20035-5998.
3. Copies of HUD forms 903, 903.1 and 928 are available free of charge by
calling HUD directly at 800-669-9777, 800-765-9372, TTY 312-353-7143, or 312-353-7776.
4. The Collaborative is currently held at 9:30 am on the second Thursday
of each month at the office of the Metropolitan St. Louis Equal Housing
Opportunity Council (EHOC), 1027 South Vandeventer Avenue, Fourth Floor, St.
Louis, MO 63110. The contact for the Collaborative is Sonja B. McClendon,
Community Builder, U.S. Department of Housing and Urban Development, Robert A.
Young Federal Office Building, 1222 Spruce Street, 3rd Floor, St. Louis, MO
63103-2836, 314-539-6588, 314-539-6583, Fax: 314-539-6384, TTD: 314-539-6331
and the contact for EHOC is Catherine Ndegwa, Executive Director, 314-534-5800, 800-555-3951, FAX: 314-534-2551, TDD (Missouri Relay) 800-735-2966,
TDD (Illinois Relay) 800-526-0844.
Document Signed: September 18, 2001.