IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF LOUISIANA
UNITED STATES OF AMERICA, Plaintiff, v. LOUIS MILAZZO, FRANCES MILAZZO, and GREEN MEADOW APARTMENTS, Defendants. |
CIVIL ACTION NO.: 01-0997 SECTION "M" JUDGE PETER BEER MAGISTRATE SALLY SHUSHAN |
CONSENT ORDER
The United States and Defendants Louis Milazzo, Frances
Milazzo and the Green Meadow Apartments (collectively, the
parties) wish to avoid costly and protracted litigation; and, as
indicated by the signatures appearing below, have voluntarily
agreed to resolve this action by executing, filing, and moving
the Court for entry of this Consent Order ("Order"). The parties
hereby agree as follows:
- The United States filed this action on April 12, 2001,
pursuant to the Fair Housing Act, Title VIII of the Civil Rights
Act of 1968, as amended, 42 U.S.C. §§ 3601-3619. The parties
have engaged in active litigation since that time.
- Defendants Louis Milazzo and Frances Milazzo reside at
47116 North Morrison Boulevard in Hammond, Louisiana. They are
the co-owners and co-mangers of a ten-unit apartment complex
known as the Green Meadow Apartments, which is located at 14384
Highway 1064 West, Tickfaw, Louisiana.
- In its complaint, the United States alleged that:
(a) Defendants refused to rent an apartment to Michael A. Smith,
an African-American man, and other individuals on account of
race, in violation of the Fair Housing Act, 42 U.S.C. § 3604(a),
(c) and (d); and (b) Defendants' conduct constituted a pattern or
practice of resistance to the full enjoyment of rights protected
by the Act, see 42 U.S.C. § 3614(a). The United States
specifically alleged that for twenty-six years, Defendants
refused to rent units at the Green Meadow Apartments to African-Americans. Defendants' exclusionary practices included:
inquiring as to the race of individuals who called seeking
information about the availability of apartments; making
statements indicating a preference against renting to African-Americans; giving false information to African-Americans
regarding the availability of apartments; refusing to show
available apartments to African-Americans; and declining to give
African-Americans details about available apartments or the
existence of a waiting list.
- The United States has evidence of Defendants'
discriminatory conduct in violation of the Fair Housing Act and
is prepared to prove its allegations at trial.
- Defendants expressly deny that they have engaged in
discriminatory conduct.
- This Consent Order shall not be construed as an admission
by Defendants of any violation of the Fair Housing Act or any
other Federal or state law or regulation. Moreover, neither this
Consent Order nor anything in this Consent Order shall be
construed to be or shall be admissible in any proceeding as
evidence of an admission by Defendants of any violation of the
Fair Housing Act or any other Federal or state law or regulation.
This Consent Order may be introduced, however, in any proceeding
to enforce the Consent Order.
- JURISDICTION, SCOPE, AND TERM OF ORDER
- The parties have consented to the entry of this Order.
Accordingly, the parties stipulate that this Court has personal
jurisdiction over Defendants for purposes of this action and
subject matter jurisdiction over this action pursuant to 28
U.S.C. § 1345 and 42 U.S.C. § 3614.
- This Order addresses all discriminatory conduct alleged in
the complaint in this action that occurred at the Green Meadow
Apartments up through the date on which the Court enters this
document as its own Order ("date of this Order"). The provisions
of this Order shall apply to Defendants, their employees, agents,
contractors, anyone acting under their direction or on their
behalf, and all those acting in concert or participation with any
of them.
- This Order is effective immediately upon its entry by the
Court and shall be effective and binding on Defendants for a
period of three (3) years thereafter, absent an extension as set
forth in this Paragraph. The Court shall retain jurisdiction of
the action and over all Defendants for purposes of enforcing the
provisions of this Order for a period of three (3) years. If no
action is taken by the United States to extend this Order within
three (3) years of the date of the Order, the Order shall
terminate, and the Court's jurisdiction of this action shall
cease. To extend the term of this Order, the United States must
file with the Court and serve on Defendants' counsel a written
request for extension, which shall be grounded upon a violation
or breach of some provision of this Order by one or more of the
Defendants or by any person or entity acting for, at the
direction of, or on behalf of any Defendant. If a request for
extension is filed and such request is opposed by one or more of
the Defendants, the Court shall hold a hearing to determine if
the Order shall be extended, and the burden shall be on the
United States to demonstrate why this Order should not be
terminated and the Defendants dismissed. If the United States
fails to meet its burden, or if no objection is timely filed
except for good cause shown, this Order shall terminate this
action forthwith. If a request for extension is not opposed by
one or more of the Defendants in a timely manner, it shall be
granted.
- NONDISCRIMINATION INJUNCTION
- Defendants, their employees, agents, contractors,
assigns, anyone acting under their direction or on their behalf,
and all those acting in concert or participation with any of
them, are hereby enjoined from:
- Refusing to rent or refusing to negotiate for the rental
of, or otherwise making unavailable, dwellings to persons
because of race or color;
- Imposing different terms and conditions in the rental of
dwellings on account of race or color;
- Making statements with respect to the rental of a
dwelling that indicate a preference, limitation or
discrimination on the basis of race or color;
- Representing to any person because of race or color that
a dwelling is not available for inspection or rental when
it is in fact so available;
- Engaging in any conduct which has the intent or effect of
deterring, discouraging, and/or interfering on the basis
of race or color with any person who is inquiring about
or applying for residency in the Green Meadow Apartments;
and
- Otherwise violating the Fair Housing Act.
- AFFIRMATIVE INJUNCTIVE RELIEF
- Policies
- Within ninety (90) days after the date of this Order,
Defendants shall adopt and implement objective, uniform and non-discriminatory written standards and procedures for the rental of
apartment units at the Green Meadow Apartments. These standards
and procedures (hereinafter the "Non-Discriminatory Rental
Standards") shall be submitted to the United States within ninety
(90) days of the date of this Order for review and approval, and
such standards and procedures shall not be implemented absent
such approval.
- Defendants shall make the Non-Discriminatory Rental
Standards available upon request to all tenants and prospective
tenants; and, at the time the standards and procedures are first
implemented, shall post, in a prominent place at the Green Meadow
Apartments, a notice that the standards and procedures are
available for review upon request. Such sign shall be in the
form attached hereto as the Anti-Discrimination Notice, Exhibit
1, enlarged to 11 inches by 14 inches. Each such sign shall
include the Fair Housing logo (house with "=" sign), the slogan
("Equal Housing Opportunity") and shall remain posted so long as
this Order is in effect.
- If Defendants subsequently propose to change the Non-Discriminatory Rental Standards, they shall first notify the
United States and provide the United States with a copy of the
proposed changes, which may not be effected without the written
approval of the United States.
- Notice to Employees
- Within ten (10) days after the date of this Order,
Defendants shall send a copy of this Order, the Non-Discriminatory Rental Standards and a copy of the Anti-Discrimination Notice, Exhibit 1, to each of their agents,
employees, contractors, relatives and/or tenants who are involved
in renting apartment units at the Green Meadow Apartments
(hereinafter the "Managerial and Leasing Staff"). Within twenty
(20) days after the date of this Order, each person receiving the
Order, the Non-Discriminatory Rental Standards and the Anti-Discrimination Notice shall execute an Employee Fair Housing
Acknowledgment Form, attached hereto as Exhibit 2.
- Defendants shall provide any Managerial and Leasing Staff
member hired or otherwise retained after the date of this Order
with a copy of this Order, the Non-Discriminatory Rental
Standards and the Anti-Discrimination Notice, upon commencement
of his or her employment, contract, or agency. Within ten (10)
days of being hired or otherwise retained, each such Managerial
and Leasing Staff member shall execute an Employee Fair Housing
Acknowledgment Form.
- Training
- Within seventy (70) days after the date of this Order,
Defendants and each Managerial and Leasing Staff member shall
attend a three (3) hour comprehensive fair housing training
program which sets forth landlords' and rental managers'
responsibilities and obligations under the Fair Housing Act and
any applicable state or local law, regulation, or ordinance
governing equal housing opportunity. Prior to attending the
training program, Defendants shall collect and provide to the
United States a copy of the agenda, topic summaries, and/or
training materials to be used at the training program.
Defendants may choose the provider and location (e.g., Hammond,
Baton Rouge or New Orleans) of such training program, as long as
the content of the training program is approved in advance by the
United States. Certification of each Managerial and Leasing
Staff member's attendance at this training shall be provided to
the United States by the person(s) conducting this training
within ten (10) days after the training is provided.
- Defendants shall require all Managerial and Leasing Staff
members hired or otherwise retained after the date of the first
comprehensive fair housing training program to attend a
comprehensive fair housing training program similar to those
referenced in ¶16, conducted by person(s) or organization(s)
approved by the United States, within thirty (30) days after the
commencement of his or her employment, contract, or agency.
Attendance at such training programs by these individuals shall
be certified to the United States by the person(s) who conduct(s)
the training programs within ten (10) days after each such
training program has been provided.
- Defendants shall be responsible for paying all costs and
fees required for them or any member of their Managerial and
Leasing Staff to participate in comprehensive fair housing
training as required in ¶¶ 16 - 18.
- Notice to the Public and Advertising
- Defendants shall take the following measures to notify
the public that all dwellings at the Green Meadow Apartments and
all facilities and services associated therewith are available
without regard to race, color, national origin, sex, religion,
handicap, and familial status:
- Within ninety (90) days after the date of this Order,
Defendants shall provide all tenants at the Green Meadow
Apartments with written notice of their nondiscrimination
policies;
- Within ninety (90) days after the date of this Order,
Defendants shall post in a prominent place at the Green
Meadow Apartments a notice no smaller than 11 inches by
14 inches which indicates that all dwellings are
available for rent on a nondiscriminatory basis. A
poster which comports with HUD regulations formerly set
forth at 24 C.F.R. Part 110 will satisfy this
requirement;
- If Defendants purchase advertising space in printed or
Internet-based rental services, newspapers or magazines,
each such advertisement shall include the Fair Housing
logo (house with "=" sign) and the slogan ("Equal Housing
Opportunity").
- Defendants shall prominently display the fair housing
logo (house with "=" sign) and the slogan ("Equal Housing
Opportunity"), or shall otherwise indicate that they are
an equal housing opportunity provider, on the following
materials: (i) rental application forms; (ii) lease
agreement forms; (iii) tenant rules and regulations; (iv)
guest cards; and (v) employer-supplied business cards.
Defendants shall print and begin using these materials
within four (4) months after the date of this Order.
- Defendants shall preserve and maintain the following
records relating to the Green Meadow Apartments, which shall be
available for inspection by the United States upon request at any
time:
- All guest cards. Defendants and their Managerial and
Leasing Staff shall ask each person making an in-person
inquiry about the availability of apartment units to
complete a guest card;
- All completed rental applications, including those that
are withdrawn or rejected;
- A "Vacancy Log" reporting which units are occupied and/or
rented, the units that are vacant, and the units on which
the Green Meadow Apartments have received notice of an
impending vacancy;
- An "Inquirer Log" of all persons making inquiries in
person about the availability of apartment units at the
Green Meadow Apartments. The log shall reflect, for each
such inquirer: (i) his or her name; (ii) current address;
(iii) race; (iv) race of accompanying household members;
(v) the number of people in his or her household;
(vi) the date of inquiry; (vii) the date of application
(if applicable); (viii) whether accepted for tenancy;
(ix) lease date (if applicable); (x) whether placed on a
waiting list; and (xi) the reason and date of rejection
(if applicable). With the exception of information
concerning the race of inquirers and accompanying
household members, Defendants shall obtain such
information from an inquirer's guest card or, where
applicable, rental application. Defendants shall note
the race of an inquirer and any accompanying household
members on the basis of visual observation, after taking
a guest card; and
- copies of all advertisements and the dates of their
publication.
- Defendants shall permit the United States, upon
reasonable notice, to inspect and copy any of the records
described in the preceding Paragraph or any other documents
related to Defendants' obligations under this Order. The United
States shall attempt to minimize any inconvenience to Defendants
during the inspection and copying of such records.
- If Defendants wish to make material changes to the
content or the form of, or the practices involving, any of the
records identified in ¶20, they shall first notify the United
States and provide the United States with a copy of the proposed
changes for approval. Changes shall not be implemented without
the approval of the United States.
- Defendants shall serve the United States (1) with the
following reports:
- Ninety (90) days from the date of this Order,
Defendants shall submit a report indicating the
steps which they and members of their Managerial
and Leasing Staff haven taken up through that date
to comply with the terms of this Order. This
report shall include the following: (i) a copy of
all executed Employee Fair Housing Acknowledgment
Forms; (ii) a copy of all materials associated
with the required training; (iii) copies of the
Vacancy Log and Inquirer Log created during the
preceding ninety (90) days; (iv) representative
copies of any revised application forms, lease
forms, promotional materials or any other
documents containing the equal housing opportunity
slogan and/or logo; (v) a copy of Defendants' Non-Discriminatory Rental Standards; (vi) a copy of
existing policies and procedures governing
apartment rentals; and (vii) a copy of Defendants'
notice of its non-discrimination policy.
- Six (6) months from the date of this Order and once every
six (6) months thereafter, Defendants shall provide to
the United States a report containing the materials
identified in subparagraph (a) of this paragraph for the
preceding six month period, except that the materials
identified in subparagraphs (a)(iv)-(a)(vii) need not be
provided unless they have been materially revised since
the preceding report.
- Defendants shall notify counsel for the United States in
writing within thirty (30) days of the receipt of any oral or
written complaint alleging housing discrimination at the Green
Meadow Apartments. This notification shall include full details
of the complaint, and any action taken by Defendants or any
Managerial and Leasing Staff members in response to the
complaint, and it shall be accompanied by all pertinent
documents, including a copy of any written complaint.
- If Defendants sell or otherwise transfer any interest in
the Green Meadow Apartments during the term of this Order, they
shall provide, within (10) ten days of such sale or transfer,
written notice to the United States that they have made such sale
or transfer and shall also identify the person to whom, or entity
to which, such sale or transfer has been made. The terms of this
Order shall be binding on any person or entity acquiring an
interest in the Green Meadows Apartments.
- MONETARY RELIEF FOR COMPLAINANT
- Within ten (10) days after the date of this Order,
Defendants shall deliver to the United States a certified check
for the sum of Thirty Thousand Five Hundred Dollars ($30,500.00)
payable to the order of Michael A. Smith. This payment is
intended to compensate Mr. Smith for the injuries he suffered as
a result of Defendants' discriminatory conduct in violation of
the Fair Housing Act. The United States shall not deliver the
check to Mr. Smith until it has received from him an executed
release of claims, in the form attached hereto as Exhibit 3. The
United States shall forward the executed release to Defendants at
the same time as they disburse the afore-mentioned check to Mr.
Smith.
- Within ten (10) days after the date of this Order,
Defendants shall issue a certified check in the amount of one
thousand dollars ($1,000.00) made payable to the order of the
United States as a civil penalty pursuant to 42 U.S.C.
§ 3614(d)(1)(C). Defendants shall deliver the check or money
order to counsel for the United States.
- REMEDIES FOR NON-PERFORMANCE
- The parties to this 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
any Defendant, whether willful or otherwise, to perform in a
timely manner any act required by this Order or in the event of
any other act by any Defendant violating any provision hereof,
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, the assessment of
additional damages and/or penalties, and/or appropriate sanctions
for civil or criminal contempt.
- TIME FOR PERFORMANCE, INTERPRETATIONS AND DEFINITIONS
- Any time limits for performance imposed by this Order may
be extended by mutual written agreement of the parties.
- This Order constitutes the entire agreement among the
parties and supersedes and renders void all prior agreements,
written or oral, among the parties.
WHEREFORE, the undersigned apply for and consent to the entry
of this
Order:
For the United States:
EDDIE J. JORDAN, JR. (1450) United States Attorney |
RALPH F. BOYD, JR Assistant Attorney General Civil Rights Division |
ENEID A. FRANCIS (5816) Civil Chief, Office of the U.S. Attorney Hale Boggs Federal Bdg. 501 Magazine St. #210 New Orleans, LA 70130 504-680-3060 |
JOAN A. MAGAGNA Chief JEANINE M. WORDEN Deputy Chief KENNETH D. JOHNSON Trial Attorney Housing and Civil Enforcement Section (G Street) Civil Rights Division U.S. Department of Justice 950 Pennsylvania Ave., N.W. Washington, D.C. 20530 202-514-6781 202-514-1116 (fax) |
For Louis Milazzo, Frances Milazzo and the Green Meadow Apartments:
LOUIS MILAZZO, in his individual
capacity and as agent for the GREEN
MEADOW APARTMENTS
FRANCES MILAZZO, in her individual
capacity and as agent for the GREEN
MEADOW APARTMENTS
E. ROSS BUCKLEY, JR.
Buckley & Hayes LLP
1010 Common St., Ste. 2500
New Orleans, LA 70112-2430
504-523-5100
IT IS SO ORDERED, ADJUDGED, AND DECREED this _____ day of _______________________.
____________________________
PETER BEER
UNITED STATES DISTRICT JUDGE
ANTI-DISCRIMINATION NOTICE
The owners of the Green Meadow Apartments have settled a lawsuit which alleged that
there was discrimination against African-Americans who inquired about renting at the Green
Meadow Apartments. The owners of the Green Meadow Apartments, however, expressly deny
that they engaged in discriminatory conduct in the past.
Copies of the federal court Order settling the case and the resultant Non-Discriminatory
Rental Standards are available for your review in the ____________________ [specify office or
room] at the Green Meadow Apartments.
The owners of the Green Meadow Apartments have established a firm policy to make all
apartment units available for rental on an equal basis and not to discriminate against any person
because of that person's race, color, national origin, religion, sex, handicap or familial status
(having children under the age of 18 years). Any employee or agent who violates this policy of
nondiscrimination will be subject to dismissal or other disciplinary action.
FAIR HOUSING ACKNOWLEDGMENT FORM FOR EMPLOYEES, CONTRACTORS AND AGENTS
I hereby acknowledge that I have received and read a copy of an Anti-Discrimination
Notice and the Non-Discriminatory Rental Standards, which make clear that the owners of the
Green Meadow Apartments adhere to a policy of equal housing opportunity. I also have had
made available to me a copy of the Consent Order entered in United States v. Milazzo, et al.,
United States District Court for the Eastern District of Louisiana, Civil Action No: 01-0991. I
agree to act in accordance with the Consent Order, and I will comply fully with fair housing laws
and will not discriminate against any person in any aspect of the rental of apartment units on the
basis of that person's race, color, national origin, religion, sex, handicap or familial status. I
understand that if I do so discriminate, I will be subject to dismissal or other disciplinary action.
_____________________________
EMPLOYEE/AGENT SIGNATURE
________________________________
DATE
Exhibit 3
RELEASE OF CLAIMS
NOW THEREFORE AND IN CONSIDERATION of the Consent Order
approved by the United States District Court for the Eastern District of
Louisiana, on ______________________, in the case of United States v. Milazzo,
et al., Civil Action No: 01-0991 ("lawsuit"), and in consideration of the
payment of Thirty Thousand Five Hundred Dollars ($30,500.00), on behalf of
myself and family members, agents, heirs, executors, administrators,
successors and assigns, do fully, finally and forever release and discharge
Louis Milazzo, Frances Milazzo and the Green Meadow Apartments, along
with their insurers, attorneys, related companies, principals, predecessors,
successors, assigns, affiliates, partners, directors, officers, agents, employers,
shareholders, subsidiaries, employees, former employees, heirs, executors,
and administrators and any persons acting under their respective direction or
control, from any and all grievances, suits, causes of action, and claims of any
nature whatsoever, legal, equitable or administrative, whether known or
unknown, relating to or arising from any discrimination in the rental of
apartment units at the Green Meadow Apartments in Tickfaw, Louisiana,
based on actions, facts, occurrences or failures to act, all of which allegations
are denied by the parties released herein, that occurred at any time prior to the
date of execution of this Release.
_____________________________
SIGNATURE
________________________________
DATE
1. All notifications, mailings, or submissions to the United
States under the terms of this Order should be sent to: Chief,
Housing and Civil Enforcement Section (G Street), Civil Rights
Division, U.S. Department of Justice, 950 Pennsylvania Avenue,
N.W., Washington, D.C. 20530 and shall include Reference No. DJ
175-32-188.
Entered: January 8, 2002.