UNITED STATES OF AMERICA,
Plaintiff,
v.
Case No.: CIV00-032-E-BLW
KENNETH E. LYON, JR. AND
BEVERLY LYON,
Defendants.
_________________________________
On January 12, 2000, the United States commenced this action on behalf of Selena J. Edwards and the Idaho Fair Housing Council ("the complainants") against Kenneth E. Lyon, Jr. and Beverly Lyon (the "Lyons"). At all times relevant to this case the Lyons have been the owners of the dwelling units located at 622 South 5th Street, Pocatello, Idaho.
The United States' Complaint was brought pursuant to section 812(o) of the Fair Housing Act, as amended, 42 U.S.C. § 3612(o). The Complaint alleges that defendants violated the Fair Housing Act by discriminating against the complainants by refusing to rent or negotiate for, or otherwise making unavailable or denying, a dwelling on the basis familial status, in violation of 42 U.S.C. § 3604(a), and by making statements indicating a preference, limitation, or discrimination in the rental of a dwelling on the basis of familial status, in violation of 42 U.S.C. § 3604(c).
The parties agree that, in order to conserve time and expense, the controversy should be resolved without further litigation. Therefore, without a trial or adjudication on the merits, the parties have consented to this Order, as indicated by the signatures appearing below.
After reviewing the terms of this Order, the Court concludes that the entry of this Order comports with the Fair Housing Act and federal law.
Accordingly it is ORDERED, ADJUDGED, and DECREED that:
Defendants, their employees, agents and successors, and all those acting in concert or participation with them, are hereby enjoined from:
Within sixty (60) days after the entry of this Order, defendants, as well as any and all agents or employees of the defendants with responsibility for showing, renting, or managing dwelling units at any of the apartment complexes owned by defendants, shall complete an educational program, to be conducted by the Idaho Fair Housing Council, at the defendants' expense, that shall include the following:
During the period in which this Order is in effect, each new employee, agent, or successor of defendants shall complete an educational program as set forth in paragraphs IIA1-4 above within thirty (30) days after the date he or she becomes an officer of, commences employment or an agency relationship with, or succeeds ownership from defendants.
Defendants shall include the words "Equal Housing Opportunity" and/or the fair housing logo in all advertising (whether in newspapers, telephone directories and other written materials; on radio, television or other media broadcasts; and on all billboards, signs, pamphlets, brochures and other promotional literature) conducted by defendants and/or their agents, employees, or successors for any of defendants' properties. The words and/or logo shall be prominently placed and easily readable. In addition, all newspaper and radio advertising regarding defendants' properties subsequent to the date of entry of this Order shall conform to the provisions of the applicable advertising guidelines of the U.S. Department of Housing and Urban Development, 24 C.F.R. Part 109 (1995).
Twelve (12) months after the entry of this Order, and thereafter every twelve (12) months for a period of three (3) years after entry of this Order, defendants shall deliver to counsel for the United States a report containing the following information:
Defendants shall advise counsel for the United States in writing within thirty (30) days of receipt of any written complaint against defendants, or against any of defendants' 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 defendants, and shall be accompanied by all pertinent documents. (1)
Within thirty (30) days following the entry of this Order, defendants shall pay $4,000 to Selena J. Edwards in consideration for the full and final settlement of this claim as payment of damages pursuant to 42 U.S.C. § 3612(o)(3).
Selena J. Edwards and the Idaho Fair Housing Council shall execute a release, hereto attached as Attachment C, signifying that the good and valuable consideration received constitutes full settlement of any and all claims that they may have related to the subject matter of this lawsuit through the date of the entry of this Consent Decree.
ORDERED this __[7]____ day of _[March]____, 2000.
____/s/______________________
UNITED STATES DISTRICT JUDGE
Approved:
For the Defendants:
Kenneth E. Lyon, III
6490 S. McCarron Blvd., Suite 34
Reno, Nevada 89509
(775) 823-7700
For the United States:
Bill Lann Lee
Assistant Attorney General
Isabelle M. Thabault
Rebecca B. Bond
Attorneys
Housing and Civil Enforcement Section
Civil Rights Division
Department of Justice
P.O. Box 65998
Washington, D.C. 20035-5998
(202) 305-1457
(202) 514-1116
BETTY H. RICHARDSON
United States Attorney
D. Marc Haws
Assistant U.S. Attorney
First Interstate Center
877 W. Main Street, Suite 201
Boise, ID 83702
(208) 334-1211
It is the policy of Kenneth E. Lyon Jr. and Beverly Lyon (the "Lyons") 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 or employees of the Lyons with the responsibility for showing, renting, or managing any dwelling units owned by the Lyons must:
Any employee or agent of the Lyons with the responsibility for showing, renting, or managing any dwelling units owned by the Lyons who does not comply with the policy set forth in this document may be subject to disciplinary action, termination of employment, and or federal court sanctions.
The term "familial status" means one or more individuals (who have not attained the age of 18 years) being domiciled with:
The protections afforded against discrimination on the basis of familial status shall apply to any person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of 18 years.
On ____________________, 200__, I was instructed by __________________________ with respect to my responsibilities under the Order entered by the federal district court in United States v. Lyon and Lyon, CIV-00-0032-E-BLW, the federal Fair Housing Act and applicable state laws. I also was instructed as to the non-discriminatory rental policies and procedures. I have received copies of and have read the Order and the Non-Discrimination Policy. I understand my legal responsibilities and will comply with those responsibilities. I understand that the Court may impose sanctions on me if I violate a provision of the Order and that my employer may also discipline me if I violate a provision of the Order. I have been informed by my employer that I will not be reprimanded by my employer for providing information to any law enforcement agency (including the U.S. Department of Justice, Civil Rights Division, Housing and Civil Enforcement Section, P.O. Box 65998, Washington, D.C. 20035-5998, telephone (202) 514-4713) or official regarding my employer's compliance with the Fair Housing Act and/or the Order.
_______________________
(Date)
_______________________
(Signature)
_______________________
(Print Name)
SELENA J. EDWARDS and the IDAHO FAIR HOUSING COUNCIL for the sole consideration of FOUR THOUSAND DOLLARS ($3500.00), the payment of which shall be made in compliance with the terms of the Decree entered on ____________, 2000, in the case of United States v. Lyon and Lyon, CIV00-0032-E-BLW, do, for themselves, their heirs, executors, administrators and assigns, release and forever discharge Kenneth E. Lyon Jr. and Beverly Lyon, their representatives, employees and agents, and all other persons, firms, insurers, corporations or entities from any and all claims, demands, damages, actions or causes of action on account of or in any way arising out of or relating to the allegations set forth in United States v. Lyon and Lyon, CIV00-0032-E-BLW, concerning alleged discrimination on the basis of familial status.
By signing this settlement agreement, SELENA J. EDWARDS and the IDAHO FAIR HOUSING COUNCIL expressly settle, waive, and in every other way release all rights to any related claims which were or could have been brought in United States v. Lyon and Lyon, CIV00-0032-E-BLW, including any and all claims SELENA J. EDWARDS or the IDAHO FAIR HOUSING COUNCIL could have brought had they intervened in that action.
It is understood and agreed that this settlement is the compromise of a disputed claim, and that the payment made is not to be construed as an admission of liability on the part of the parties hereby released; and the parties released do not admit and specifically deny any liability therefor.
It is further understood and agreed that this release constitutes the entire agreement between the parties; that the terms of this release are contractual and not a mere recital; and that the release is binding upon and adheres to the benefit of the parties jointly and severally, and the executors, administrators, personal representatives, heirs, successors, and assigns of each.
The undersigned further declare and represent that no promise, inducement or agreement not herein expressed has been made to the undersigned.
Dated:__________, 2000
Signature: ________________________
Selena J. Edwards
Dated:__________, 2000
Signature: ________________________
Idaho Fair Housing Council
By: ___________________
1. All documents required by this section should be sent to: United States Department of Justice, Civil Rights Division, Chief, Housing and Civil Enforcement Section, DJ 175-22-25, P.O. Box 65998, Washington, D.C. 20035-5998.
Document Entered on March 7, 2001.