.JUDGEKARAS 


PREET BHARARA United States Attorney Southern District ofNew York By: DAVID S. JONES
DANIEL P. FILOR Assistant United States Attorneys' 86 Chambers Street, 3rd Floor New York, New York '1 0007 Tel. No. (212) 637-2739 (Jones) Tel. No. (212) 637-2726 (Filor) David.Jones6@usdoj.gov Daniel.Filor@usdoj.gov
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ----------------------------------------------------------------- )( UNITED STATES OF AMERICA,
Plaintiff,
-against­
BURGUNDY GARDENS, LLC,

CO:MPLAINT 09Civ. _ __ ECFCase

Defendant. ----------------------------------------------------------------- )(

Plaintiff United States of America (the "United States") alleges as follows:

1. This action is brought by the United States to enforce the Fair Housing Act, Title

VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988

(Fair Housing Act), 42 U.S.C. §§ 3601, et seq. As set forth in full below, the United States

alleges that defendant, the owner of Burgundy Gardens Apartments, a residential apartment

comple}( in Rockland County, New York, has unlawfully discriminated against persons on the

basis of race and color, in violation of the Fair Housing Act.

Jurisdiction and Venue 2. .This Court has jurisdiction over this action under 28 U.S.C. §§ 1331 and 1345 and 42 U.S.C. § 3614(a).. The Court may grant declaratory and other relief pursuant to 28 U.S.C. §§ 2201 and 2202. 3. Venue is proper because the claims alleged in this action arose in Rocldand County, New York, in the Southern District ofNew York, and concern or otherwise relate to real property located therein.
The Property 4. Burgundy Gardens Apartments is a 96-unit residential apartment complex located at 796-800 Brookridge Drive in Valley Cottage, New York. Upon information and belief, defendant Burgundy Gardens, LLC ("Burgundy Gardens"), own and/or operates Burgundy Gardens Apartments. Burgundy Gardens is incorporated under the laws ofNew York. 5. The rental units of Burgundy Gardens Apartments are "dwellings" within the meaning of 42 U.S.C. § 3602(b).
Factual Allegations 6. Since at least August 2007, defendant has been engaged in racially discriminatory housing practices at Burgundy Gardens Apartments, including, but not-necessarily limited to, the following:
a. Failing to inform African-American prospective tenants about available apartments, or telling such persons that certain apartments are not available, while telling similarly situated non-African-American persons about the availability of such apartments;
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b. Telling African-American prospective tenants that the prices for rental apartments were higher than the prices quoted to similarly situated non-African-American persons; and
c. Failing to show African-American prospective tenants available apartments, or negotiate for the rental of such apartments, while at the same time showing similarly situated non-African-American persons available apartments and negotiating for the rental of such apartments.
Fair Housing Act Claims 7. Plaintiff re-alleges and incorporates by reference the allegations set forth in paragraphs 1-6, above. 8. The conduct of defendant described above constitutes:
a. A refusal to rent, a refusal to negotiate for the rental of, or otherwise . making unavailable or denying dwellings to persons because of race or color, in violation of 42 U.S.C.§ 3604(a);
b. Discrimination against persons in the terms, conditions or privileges of rental, or in the provision of services or facilities in connection therewith, because of race or color in violation of 42 U.S.C. § 3604(b); and
c. A representation to persons because of race or color that dwellings are not available for rental when such dwellings are in fact so available, in violation of 42 U.S.C. § 3604(d).
9. The conduct of defendant described above constitutes: a. A pattern or practice of resistance to the full enjoyment of rights granted
by the Fair Housing Act, 42 U.S.C. §§ 3601-3619; or
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b. A denial to a group of persons of rights granted by the Fair Housing Act, 42 U.S.C. §§ 3601-3619, which denial raises an issue of general public importance.
10. Upon information and belief, there are person who have been the victims of discriminatory housing practices by defendant. Such persons are aggrieved persons as defined in 42 U.S.C. § 3602(i), and have suffered injuries as a result of defendant's conduct described above.
11. The discriminatory actions of defendant were intentional, willful, and taken in disregard for the rights of the victims of this discrimination.
Request for Relief WHEREFORE, the United States prays that the Court enter an ORDER that: 1. Declares that defendant's discriminatory practices violate the Fair Housing Act, as amended, 42 U.S.C. §§ 3601 et seq.; 2. Pursuant to 42 U.S.C. § 3614(d)(1)(A), enjoins defendant, its agents, employees and successors, and all other persons in active concert or participation with them, from continuing to discriminate on the basis ofrace or color against any person in any aspect of the rental of dwellings, pursuant to 42 U.S.C. § 3614(d)(I)(A); 3. Awards monetary damages, pursuant to 42 U.S.C. §§ 3613(c)(1), and 3614(d)(I)(B), to all persons harmed by defendant's discriminatory practices; 4. Assesses a civil penalty against defendant in an amount authorized by 42 U.S.C.§ 3614(d)(1)(C), to vindicate the public interest; and 5. Grants such further relief as the interests ofjustice may require.
4 


Dmed~=====,~2~9·~
\),/(,;/1'0 ])"F

ERIC H. HOLDER, JR. 
 Attorney General of the United States 

~l..~
THOMAS E. PEREZ 
 Assistant Attorney General 
 Civil Rights Division 

PREET BHARARA 
 United States Attorney 

DAVID S. JONES DANIEL P. FILOR Assistant United States Attorneys Southern District of New York 86 Chambers Street, 3rd Floor New York, New York 10007 Tel: (212) 637-2726 Fax: (212) 637-2717 Daniel.Filor@usdoj.gov .

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 Case 7:10-cv-09099-KMK Document 9 Filed 04/17/12 Page 1 of 27

UNITED STATES DISTRICT COURT 

S__O__U__T__H__E_R_'-N___D__I_S__T__R__I_C__T__O__F__N___E__W___Y__O__R__K______-------- x
UNl1ED STATES OF AMERICA,
Plaintiff,
-against-
BURGUNDY GARDENS, LLC,
Defendant. _______________________________________________________---------- x

CONSENT DECREE 10 Civ. 9099 (KMK) .........ECFCase

WHEREAS this action was filed by the United States to enforce the provisions of the Fair Housing Act, 42 U.S.C. §§ 3601- 3619;
WHEREAS Defendant owns Burgundy Gardens Apartments ("Burgundy Gardens" or the "Subject Property") in Valley Cottage, New York;
WHEREAS the United States alleges that Defendant Burgundy Gardens, LLC ("Burgundy" or "Defendant") has engaged in a pattern or practice of discrimination on the basis of race or color or a denial of rights to a group of persons, in violation of 42 U.S.C. § 3614, in the rental of dwelling units at Burgundy Gardens Apartments;
WHEREAS in its Complaint filed on December 6, 2010, the United States alleges that, on multiple occasions, Defendant discriminated on the basis of race or color by failing to inform African-American prospective tenants about available apartments or by telling such persons that certain apartments were not available, while telling similarly situated non-African-American persons about the availability of such apartments; telling African-American prospective tenants that apartments were available for rent at higher prices than those told to non-African American persons; and failing to show African-American prospective tenants available apartments or negotiatil}g with them for the rental of such apartments, while showing such apartments to non­

Case 7:10-cv-09099-KMK Document 9 Filed 04/17/12 Page 2 of 27
African-American prospective tenants and negotiating with them for the rental of such apartments;
WHEREAS the United States alleges that through this conduct Defendant has discriminated by refusing to rent, negotiate for the rental of, or by otherwise making unavailable or denying dwellings to persons because ofrace or color, in violation of 42 U.S.C. § 3604(a); discriminated against persons in the tenns, conditions, or privileges of rental, or in the provision of services or facilities in connection therewith, because of race or color, in violation of 42 U.S.C. § 3604(b); and discriminated by representing to persons because of race or color that dwellings are not available for rental when such dwellings are in fact so available, in violation of 42 U.S.C. § 3604(d);
WHEREAS Defendant admits that on one or more occasions its fonner on-site agents: (a) gave incomplete or incorrect information to Aft'ican-American prospective tenants about the availability of rental dwellings; (b) failed to give an application to an African-American prospective tenant when, in fact, a rental dwelling was available for rent while giving an application to an individual who was not African-American; and (c) showed available apartments to non-African-Americans but not to African-American prospective tenants; and
WHEREAS the United States and Defendant have agreed that this controversy should be resolved without a trial; ACCORDINGLY, it is hereby ADJUDGED, ORDERED and DECREED:
I. JURISDICTION 1. This Court has jurisdiction over the palties and the subject matter of this action. The Court shall retain jurisdiction over the palties to enforce and administer the tenns of the
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Case 7:10-cv-09099-KMK Document 9 Filed 04/17/12 Page 3 of 27
Consent Decree for three years after the effective date of the Consent Decree, as defined in paragraph 36.
2. The Court may extend the term of the Consent Decree upon consent ofthe parties, or upon an application ofthe United States for good cause shown.
ll. GENERAL INJUNCTION
V 3. Defendant, its officers, agents, employees, successors and assigns, and all other
persons in active concert or participation with it, are enjoined, with respect to the rental of dwellings, from:
a. Refusing to rent a dwelling, refusing or failing to provide or offer information about a dwelling, refusing to negotiate for the rental of a dwelling, or otherwise making unavailable or denying a dwelling to any person because of race or color;
b. Discriminating against any person in the terms, conditions, or privileges of renting a dwelling, or in the provision of services or facilities in connection therewith, because ofrace or color;
c. Representing to persons because of race or color that any dwelling is not available for inspection or rent when such dwelling is, in fact, so available;
d. Making statements with respect to the rental of a dwelling that indicate any preference, limitation, or discrimination because ofrace or color;
e. Offering to reduce rents, fees or other costs to white persons but not Afi'ican. American persons because of race or color; and
£ Discouraging African-American persons from applying for an apartment while encouraging white persons to apply.
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Case 7:10-cv-09099-KMK Document 9 Filed 04/17/12 Page 4 of 27

m.

I
NONDISCRIMINATION POLICY

4. Upon entry ofthis consent decree, Defendant shall implement the

Nondiscrimination Policy appearing at Appendix A at the Subject Property.

5. Within fifteen (15) days of the entry of the Consent Decree, Defendant shall

distribute the Nondiscrimination Policy to all of its current tenants, employees, agents, and

anyone acting under the direction of Defendant, who has responsibility for showing, renting, or

managing any and all dwelling units at the Subject Property. Defendant shall review this policy,

along with a, question and answer session, with each employee, agent, or anyone acting under its

direction, on an annual basis thereafter. IV. NOTICE TO PUBLIC OF NONDISCRIMINATION POLICY

~

6. Within fifteen (15) days of the entry ofthe Consent Decree, Defendant shall take

the following steps to notify the public of its Nondiscrimination Policy:

a. Prominently post at all rental offices that Defendant currently or

subsequently uses for the rental of dwellings, a fair housing sign no smaller than

ten (10) inches by fourteen (14) inches that indicates that all apartments are

available for rent on a nondiscriminatory basis. A poster that comports with 24

C.F.R. Part 110 will satisfy this requirement.

b. Whenever any dwelling unit at any of the Subject Property is available for rent, the Defendant shall prominently post an easily readable "For Renf' ~r

"Vacancy" sign or notice at the apartment building in which the dwelling unit is

available. The sign or notice shall include the slogan "Equal Housing Opportunity" and/or the fair housing logo. Such slogan and logo shall be prominently displayed and easily readable.

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Case 7:10-cv-09099-KMK Document 9 Filed 04/17/12 Page 5 of 27
c. Include the words "Equal Housing Opportunity" and/or the fair housing logo in all rental advertising conducted by Defendant, or its agents or employees, in newspapers, flyers, handouts, telephone directories and other written materials; on radio, television or other media broadcasts; and on all billboards, signs, pamphlets, brochures and other promotional literature, provided that this requirement does not compel Defendant to advertise in any of these media, but does require compliance with this provision whenever Defendant so advertises. The words and/or logo shall be prominently placed and easily readable.
d. Include at least the following phrase in the standard rental application and the standard rental agreement used for rental dwelling units in boldface type, using letters of equal or greater size to those of the text in the body ofthe document: We are an equal housing opportunity provider. We do not discriminate on the basis of race, color, sex, national origin, religion, disability or familial status (having children under age 18). V. TRAINING
7. Within thirty (30) days ofthe entry ofthis Consent Decree, Defendant shall provide a copy of this Consent Decree to its agents and employees involved in showing, renting, or managing any dwelling unit at the Subject Property. Defendant shall secure a signed statement £i'om each such agent or employee aclmowledging that he or she has received and read the Consent Decree and the Nondiscrimination Policy, has had the opportunity to have questions about the Consent Decree and Nondiscrimination Policy answered, and agrees to abide by the relevant provisions of the Consent Decree and the Policy. This statement shall be in the form of AppendixB.
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Case 7:10-cv-09099-KMK Document 9 Filed 04/17/12 Page 6 of 27
8. During the tenn ofthis Consent Decree, within thirty (30) days after each new agent or employee becomes involved in showing, renting, or managing units at the Subject Property, Defendant shaH provide a copy ofthis Consent Decree and the Nondiscrimination Policy to each such agent or employee and secure a signed statement from each agent or employee acknowledging that he or she has received and read the Consent Decree and the Nondiscrimination Policy, has had the opportunity to have questions about the Consent Decree and Nondiscrimination Policy answered, and agrees to abide by the relevant provisions of the Consent Decree and the policy. This statement shall be in the form of Appendix B.
9. Within ninety (90) days fi'om the date of entry of this Consent Decree, Defendant and its managers, agents, and employees shall undergo in-person training on the Fair Housing Act, with specific emphasis on discrimination on the basis of race or color. The training shall be conducted by an independent, qualified third party, approved in advance by the United States, and any expenses associated with this training shall be borne by Defendant. Each individual who receives the training shall execute the Certificate of Training and Receipt of Consent Decree, appearing at Appendix C.
10. At a minimum, the training required in the preceding paragraph shall consist of the following:
u. Instruction on the requirements of all applicable federal and state housing discrimination laws; and
b. A question and answer session for the purpose of reviewing the foregoing areas. 11. All managers must receive the fair housing training, described in Paragraphs 9 and 10, within 90 days of entry ofthis Consent Decree or within 30 days of beginning their work as manager(s), whichever shall occur later.
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Case 7:10-cv-09099-KMK Document 9 Filed 04/17/12 Page 7 of 27

VI. NONDISCRIMINATORY STANDARDS AND PROCEDURES FOR SHOWING AVAlLABLE DV'lELLING lJj',rITS TO PROSPECTIVE TENANTS

12. Within thirty (30) days from the date of entry of this Consent Decree, Defendant

shall develop and submit to the United States, with respect to the Subject Property, objective,

uniform, non-discriminatory standards and procedures for informing persons about and showing

available dwelling units to prospective tenants. Such standards and procedures shall be approved

by the United States in advance oftheir implementation and shall be consistent with the

provisions ofthis Section. Within five (5) days of when the United States approves the standards

and procedures, Defendant shall implement and prominently display them in any office where

there is rental activity and/or personal contact with applicants. Defendants shall make available a

copy of these standards and procedures upon request to any applicant for the rental of a dwelling.

For the duration of this Consent Decree, these stapdards and procedures may be modified only if

written notice is given to counsel for the United States thirty (30) days before the proposed

modifications are to take effect and the United States makes no objection thereto.

13. The nondiscriminatory standards and procedures discussed in Paragraph 12,

above, shall include the use of the following documents, which Defendant shall update as new

information becomes available, and retain for the duration ofthe Consent Decree:

a. Guest Cards: Defendant shall ensure that, for all prospective tenants who inquire in person about dwelling units, a Guest Card is completed, either by the prospective tenant andlor the Defendant, that contains:

1.

The date of the prospective tenant's visit and, when the prospective tenant

agrees to provide the information, the prospective tenant's name, address, daytime, and evening telephone numbers;

ii. The race of the prospective tenant, based on the good faith observation of

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Case 7:10-cv-09099-KMK Document 9 Filed 04/17/12 Page 8 of 27
Defendant or their employee or agent; Ill. The apartment size the prospective tenant requests and the date on which
the prospective tenant wishes to move; iv. Whether the prospective tenant filled out an application; v. Whether the prospective tenant was invited to see available dwelling units
and the address and unit number of each one shown and, if not, an explanation why not; and vi. The names of all employees/agents who assisted the prospective tenant. b. Availability List: Defendant shall ensure that it maintains and timely updates an Availability List that includes the addresses and unit numbers of all dwelling units known to be available or reasonably expected to be available for rental within thirty (30) days, including the date either Defendant or Defendant's agent was first infonned each would be available for rental and the first date it would be available for rental or occupancy by a new tenant. Defendant, its agents and employees shall share the complete information on the Availability List with each person who visits or calls to inquire about the availability of dwelling units. c. Rental Applications: Defendant, its agents and employees, shall provide and process rental applications on a non-discriminatory basis and shall maintain all rental applications, whether deemed complete or incomplete, and any correspondence about the availability of dwelling units. d. Waiting Lists: Defendant, its agents and employees, shall maintain waiting lists in a non-discriminatory manner and develop uniform standards for selecting individuals from the list, whether formally or informally maintained.
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Case 7:10-cv-09099-KMK Document 9 Filed 04/17/12 Page 9 of 27
Vll. COMPLIANCE TESTING 14. The United States may take steps to monitor Defendant's compliance with this Consent Decree including, but not limited'to, conducting fair housing tests at any office(s) in which the Defendant conducts rental activities.
vrn. REPORTING k"ID DOCUMENT RETENTION REQUIREMENTS
15. Defendant shall, no later than fifteen (15) days after occurrence, provide to the United States notification and documentation of the following events: 1
a. Any change to the rules or practices regarding the nondiscrimination policy discussed in Paragraph 4 or the nondiscriminatory standards and procedures discussed in Paragraph 12;
b. Proof of notification of the nondiscrimination policy described in paragraphs 7 and 8, including executed copies of the Employee Aclmowledgment forms, appearing at Appendix B, and a list ofthe names and addresses for all tenants to whom the policy was provided;
c. Any written or oral complaint against Defendant or any ofDefendant's agents or employees, regarding discrimination in housing. lfthe complaint is written, Defendant shall provide a copy of it with the notification. The notification shall include the full details ofthe complaint, including the complainant's name, address, and telephone number. Defendant shall also promptly provide the United States all information it may request conceming any such complaint and shall
J All documents or other communications required by this Consent Decree to be sent to counsel
for the United States shaH be sent by overni.ght delivery service addressed" as fC\nC\ws~ Chi.ef,
Civil Rights Unit, United States Attorney's Office, 86 Chambers Street, New York, New York 10007, or as otherwise directed by the United States. Facsimile transmissions shall be sent to (212) 637-2717.
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Case 7:10-cv-09099-KMK Document 9 Filed 04/17/12 Page 10 of 27

inform the United States within fifteen (15) days of the substance of any

resolution of such complaint; and d. Any advertisements published in local newspapers pursuant to Paragraphs 20 and

21. 16. Within ninety (90) days ofthe date of entry ofthis Consent Decree, and every six

(6) months thereafter for the duration ofthis Consent Decree, Defendant shall deliver to counsel

for the United States a report containing infonnation about its compliance efforts during the

preceding reporting period, including but not limited to:

a. All executed copies of the Certificate ofTraining and Receipt of Consent Decree,

appearing at Appendix C;

b. Notification and documentation ofthe adoption and implementation of the

nondiscriminatory standards and procedures discussed in Paragraph 12;

c. Photographs of each office in which rental activity is conducted, showing the fair

housing signs and Nondiscrimination Standards and Procedures, pursuant to

Sections IV and VI ofthis Consent Decree;

d. Copies of standard rental applications and rental agreements, pursuant to Section

IV of this Consent Decree; e. Copies of all guest cards, availability lists, rental applications, and other
infonnation recorded by any means related to any inquiries regarding the

availability of rental dwellings, maintained pursuant to Section VI ofthis Consent

Decree;

f.

A list of all rental properties in which Defendant or its members have an

ownership or management interest, in whole or in part, including the street

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Case 7:10-cv-09099-KMK Document 9 Filed 04/17/12 Page 11 of 27

address, the number of rental units at each property, and a description of the

interest in the property; and

g.

Notification of any purchase, inheritance, or acquisition involving Defendant or

the members of Burgundy Gardens, LLC of an ownership or management interest

in any rental property which is used or intended to be used as a dwelling defmed

by 42 U.S.C. § 3602(b), and any sale, transfer, or other disposition of any interest

in rental properties, including the identity ofthe purchaser(s) to whom the interest

is being transferred.

17. During the period in which this Consent Decree is in effect, Defendant shall

preserve all records that are the source of, contain, or relate to any ofthe infonnation pertinent to

its obligations under this Decree, including, but not limited to, all guest cards, availability lists,

waiting lists, rental applications, leases, rental roll ledgers, and occupancy lists. Upon reasonable

notice to counsel for Defendant, representatives ofthe United States shall be permitted to

inspect and copy all such records at any and all reasonable times or, upon request by the United

States, Defendant shall provide copies of such documents.

IX. COMPENSATION OF AGGRIEVED PERSONS

18. Within one hundred twenty (120) days ofthe entry ofthis Consent Decree,

Defendant shall deposit in an interest-bearing escrow account the total sum of$150,000 (one

hundred and fifty thousand dollars) for the purpose of compensating any persons whom the

Court determines may have been harmed by Defendant's discriminatory rental practices

(hereinafter "aggrieved persons"). This money shall be referred to as the "Settlement Fund." In

addition, within fifteen (15)

ofthe establishment ofthis Fund, De-fendant shall sub=tt proof

to the United States that this account has been established and the funds deposited.

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Case 7:10-cv-09099-KMK Document 9 Filed 04/17/12 Page 12 of 27
19. Any interest accruing to the Settlement Fund shall become a part ofthe Settlement Fund and be utilized as set forth herein.
20. Within sixty (60) days of the entry ofthis Consent Decree, Defendant shall complete publication of a Notice to Potential Victims of Housing Discrimination ("Notice"), in the form of the Notice at Appendix D, informing readers of the availability of compensatory funds. The Notice shall be published as follows:
a. On at least four (4) occasions in the 'A' Section (or News Section) ofthe Rockland County Times, including at least two (2) occasions on Sunday, in a space measuring at least one-quarter (114) of a page;
b. In the internet website periodical LOHUD.COM that would be viewable for at least four weeks (or on a similar website to be agreed by the parties that applicants for rental housing in or around Valley Cottage are likely to view); and
c. In the newspaper and online periodical Our Town Newspaper, on at least four (4) occasions in the 'A' Section (Ol'News Section), in a space measuring at least one­ quarter (1/4) of a page, and by way of the Our Town internet website that would be viewable for at least four weeks (or on a similar website to be agreed by the parties that applicants for rental housing in or around Valley Cottage are likely to view).
21. Defendant shall provide a copy ofthe newspaper and websites containing each such Notice to counsel for the United States within fifteen (15) days after publication of each Notice.
22. Defendant shall produce any rental/tenancy records, or any other records in the possession, custody, or control of Defendant or its agents or employees, upon notice to
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Case 7:10-cv-09099-KMK Document 9 Filed 04/17/12 Page 13 of 27
counsel for Defendant, that the United States believes to be useful in identifying persons who
may be entitled to relief under this Consent Decree. Upon reasonable notice, Defendant shall provide such rental/tenancy records or shall permit representatives ofthe United States to receive copies of such rental/tenancy records through counsel for Defendant.
23. Nothing in this Consent Decree shall preclude the United States from making its own efforts to locate and provide notice to potential aggrieved persons.
24. Aggrieved persons shall have five (5) months from the entry ofthe Consent Decree to contact the United States.
25. The United States shall investigate the claims of allegedly aggrieved persons and, within two hundred seventy (270) days from the entry of the consent decree, shall make a preliminary determination of which persons are aggrieved and an appropriate amount of damages that should be paid to each such person. Defendant shall permit the United States, upon reasonable notice, to review and copy any records that may facilitate its determinations regarding the claims of allegedly aggrieved persons. The United States will infOlm Defendant in writing of its preliminary determinations, together with a copy of a sworn declaration from each aggrieved person setting forth the factual basis of the claim. Defendant shall have twenty~one (21) days to review the declarations and provide to the United States any docmnents or information that they believe may refute the claims.
26. After receiving Defendant's comments, the United States shall submit its final recommendations to the Court for approval, identifying the aggrieved persons and an appropriate amount of damages that should be paid to each such person, together with a copy of the sworn declarations and any documents or additional information submitted by Defendant. Defendant
may submit an objection to the Court within ten (10) days ofthe United States' fmal
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recommendations. Within fifteen (15) days of a Court order providing for the distribution of funds to aggrieved persons, Defendant shall deliver to the United States checks payable to the aggrieved persons in the amounts approved by the Court.
27. In no event shall the aggregate of all such checks exceed the sum of the Settlement Fund.
28. When counsel for the United States has received a check from Defendant payable to an aggrieved person and a signed release in the form of Appendix E from the aggrieved person, counsel for the United States shall deliver the check to the aggrieved person and the original, signed release to counsel for the Defendant. No aggrieved person shall be paid until helshe has executed and delivered to counsel for, the United States the release at Appendix E.
29. After the satisfaction of Paragraphs 18-28, above, and the expiration of the cOl1'esponding time periods, any money remaining in the Settlement Fund, including interest, shall be distributed to a qualified organization(s) for the purpose of conducting fair housing enforcement or educational activities related to the purposes of this Consent Decree in Rockland County, New York. Defendant will consult with and obtain the non-objection of the United States in selecting the recipi,ent(s) ofthese remaining funds. Pursuant to Defendant's proposals to date, the United States will not object if 50% of any remaining Settlement Fund monies were distributed to Legal Aid Society ofRockland County and 50% were distributed to New York Legal Assistance Group ("NYLAG") and designated to one ofNYLAG's seven main units that deliver direct legal services to clients. The parties shall obtain the Court's approval prior to distributing any of the Settlement Fund's remaining assets. Defendant shall request each
recipient to submit to Defendant and the United States a detailed report an how funds "'1'e utilizsd
within one year after the funds are distributed.
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X. CIVll, PENALTY 30. Within twenty (20) days after the entry of this" Consent Decree, Defendant shall pay a total oftwenty~five thousand ($25,000.00) to the United States as a civil penalty, pursuant to 42 U.S.C. § 3614(d)(l)(C). This payment shan be delivered to counsel for the United States in the form ofa cashier's check payable to the "United States Treasury." 31. In the event that Defendant or its agents or employees engage in any future violation(s) of the Fair Housing Act, the parties agree that such violation(s) shall constitute a "subsequent Violation" as to Defendant pursuant to 42 U.S.C. § 3614(d)(l )(C)(ii). XI. ACQUISITION OR TRANSFER OF INTEREST IN RENTAL PROPERTIES 32. If at any time while this Decree remains in effect, Defendant decides to sell or otherwise transfer the entirety of Defendant's interest in the Subject Property to an unrelated party in an aIms-length transaction, 2 Defendant shall take the following steps: a. At least thirty (30) days prior to completion ofthe sale or transfer; provide each
prospective purchaser or other transferee a copy ofthis Consent Decree along with written notice that the subject property remains subject to Sections II-VIII and XI-XV ofthe Decree; b. At least thirty (30) days prior to completion of the sale or transfer, provide the United States written notice of Defendant's intent to sell or otherwise transfer Defendant's interest in the property, along with a copy ofthe notice sent to each prospective purchaser or transferee, containing the latter's name, address and telephone number;
2 For purposes of this Decree, "arms-length transaction" is defined as a transaction that has been arrived at in the marketplace between independent, non-affiliated persons, unrelated by blood or marriage, with opposing ecop.omic interests regarding that transaction.
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Case 7:10-cv-09099-KMK Document 9 Filed 04/17/12 Page 16 of 27

c. Within thirty (30) days following completion ofthe sale or other transfer,

Defendant shall provide the United States a copy ofthe documents memorializing

the transfer in interest ofthe property; and

d. Defendant shall require the transferee, as a condition ofthe sale or other transfer,

to agree in writing to perform all obligations and be liable for compliance with

Sections IT-VIII and XI-XV ofthis Consent Decree for the duration ofthe Decree,

with respect to the property.

33. If Defendant complies with Paragraph 32a-d, and transfers all of Defendant's

o\\'Ilership, management, or other financial interest in the Subject Property to an anns-Iength

purchaser or other transferee, then Defendant shall thereafter be relieved of further obligations

under this Consent Decree with regard to the Subject Property, except for Sections II, IX and X.

34. Ifthe proposed transfer of interest is not an anus-length transaction, the

Defendant must comply with the requirements ofParagraph 32a-d. In addition, Defendant shall

remain jointly and severally liable, along with the purchaser or other transferee, for any

violations of Sections IT-VIII and Xl-XII ofthis Decree for its duration.

XU. SCOPE Al\'"D DURATION OF CONSENT DECREE

35. The provisions ofthis Consent Decree shall apply to all ofDefendant'sofficers,

agents, employees, successors and assigns, and all persons acting in active concert or

participation with them.

36. entry.

This Consent Decree shall remain in effect for three (3) years after the date of its

16 


Case 7:10-cv-09099-KMK Document 9 Filed 04/17/12 Page 17 of 27
37. The Court shall retain jurisdiction for the duration ofthis Consent Decree to enforce its tenns, after which time the case shall be dismissed with prejudice. The United States may move the Court to extend the duration ofthe Consent Decree in the interests ofjustice.
XIll. REMEDIES FOR NON-COMPLIANCE 38. The Parties shall endeavor in good faith to resolve informally any differences regarding interpretation of and compliance with this Consent Decree prior to bringing such matters to the Court for resolution. However, in the event the United States contends that there has been a failure by Defendant, whether willful or otherwise, to perform in a timely manner any act required by this Consent Decree or otherwise to act in conformance 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 reasonable attomeys' fees which may have been occasioned by the violation or failure to perform.
XIV. TIME FOR PERFORMANCE 39. Any time limits for performance imposed by this Decree may be extended by mutual written agreement of the parties. The other provisions ofthis Decree may be modified by written agreement of the parties or by motion to the Court. lithe modification is by written agreement of the parties, then such modification will be effective upon filing of the Wlitten agreement with the Court, and shall remain in effect for the duration of the Decree or until such time as the Court indicates through written order that it has not approved the modification.
17 


Case 7:10-cv-09099-KMK Document 9 Filed 04/17/12 Page 18 of 27

XV. COSTS OF LITIGATION 
 40. Each party to this litigation will bear its own costs and attorneys' fees associated with this litigation.

Dated: New York, New York
April !L, 2012

PREET BHARARA United States Attorney Attorney for the United States of America

Dated: New York, New York April:t--, 2012

By: DAVID S. JONES DANlEL P. FILaR Assistant United States Attorneys 86 Chambers Street, 3rd Floor New York, New York 10007 Tel. No. (212) 637-2726 Fax No. (212) 637-2717 Daniel.Filor@usdoj.goy

Burgundy Gardens, LLC:

~~~ g~ L URENT()IN

.

rter Krinsky & Drogin LLP

l350 Broadway

New York, New York 10018

Tel. No. (212) 216-8000

Fax No. (212) 216-8001

,2012. 

I-t~~~~~------
ted States Distri Judge
nneU nt·,(~
18

Case 7:10-cv-09099-KMK Document 9 Filed 04/17/12 Page 19 of 27
Appendix A
NONDISCRIMINATION POLICY
It is the policy of Burgundy Gardens, LLC, d/b/a Burgundy Gardens, to comply with Title VIII of the Civil Rights Act of 1968, as amended, commonly known as the Fair Housing Act by ensuring, to the extent required by law, that apartments are available to all persons without regard to race, color, religion, national origin, disability, sex, or familial status. This policy means that, among other things, Burgundy Gardens, LLC, dlbla Burgundy Gardens, and all their agents and employees with the responsibility for renting, managing, or administering any dwelling units must not discriminate in any aspect of the rental of dwellings against qualified applicants or tenants because ofrace or color. Such agents and employees may not:
A. Refuse to rent, refuse to negotiate for the rental of, or otherwise make unavailable or deny, a dwelling to any person because ofrace, color, religion, national origin, disability, sex, or familial status;
B. Discriminate against any person in the tenns, conditions, or privileges of rental of a dwt:lling, or in the provision of services or facilities in connection therewith, because ofrace, color, religion, national origin, disability, sex, or familial status;
C. Make, print, or publish, or cause to be made, printed, or published any notice, statement, or advertisement, with respect to the rental of a dwelling that indicates any preference, limitation, or discrimination based on race, color, religion, national origin, disability, sex, or familial status; or
D. Represent to persons because ofrace, color, religion, national origin, disability, sex, or familial status that any dwelling is not available for inspection or rental when such dwelling is in fact so available.
Any agent or employee who fails to comply with this Nondiscrimination Policy will be subject to appropriate disciplinary action. Any action taken by an agent or employee that results in unequal service to, treatment of, or behavior toward tenants or actual or potential applicants on the basis ofrace, color, religion, national origin, disability, familial status, or sex may constitute a violation of state and fede:ral fair housing laws. Any tenant or applicant who believes that any of the above policies have been violated by any agent or employee of the owner should contact the owner's repmserrtative at 1-201-843-0505. Any tenant or applicant who believes that any of the above policies have been violated by any owner, agent, or employee may also contact the U.S. Department of Housing and Urban Development at 1-888-799-2085, or the U.S. Department of Justice at 1-800­ 896-7743 or 202-514-4713.

Case 7:10-cv-09099-KMK Document 9 Filed 04/17/12 Page 20 of 27

AppendixB

EMPLOYEE ACKNOWLEDGMENT

I acknowledge that

2012, I was provided copies of the Consent

Order entered by the Court in United States v. Burgundy Gardens, LLC, Civil Action No. lO-cv­

9099 (S.D.N.Y.), and the Nondiscrimination Policy ofBurgundy Gardens, LLC, d/b/a Burgundy

Gardens. I have read and understand these documents and have had my questions about these

documents answered. I understand my legal responsibilities and shall comply with those

respopsibilities.

Signature Name

Date

Case 7:10-cv-09099-KMK Document 9 Filed 04/17/12 Page 21 of 27
APPENDIXC
Employee Training Certification I certify that on_ _ _ _ _ _ _ _ _ _, 2012, I received training with respect to my responsibilities under the Consent Order entered by the Court in United States v. Burgundy Gardens, LLC, Civil Action No. 1O~cv~9099 (S.D.N.Y.), and the federal fair housing laws. I have had the opportunity to have my questions about them answered. I understand my legal responsibilities not to discriminate under the federal fair housing laws, including the Fair Housing Act, and shall comply with those responsibilities.
Signature Print Name Job Title Date

Case 7:10-cv-09099-KMK Document 9 Filed 04/17/12 Page 22 of 27

APPENDIX D (NOTICE OF VICTIM FUND)

NOTICE OF SETTLEMENT AND CONSENT DECREE REGARDING 
 HOUSING DISCRIMINATION LAWSIDT 


On

,2012, the US District Court in the Southern District of New York entered an

order with consent of the parties resolving a discrimination lawsuit brought by the United States.

The lawsuit alleged that Burgundy Gardens, LLC discriminated against African Americans who

were seeking rental housing.

All parties have agreed to resolve the lawsuit under the terms ofthe Consent Decree.

The United States is now seeking information from all persons who claim to have suffered unlawful housing discrimination by this Defendant at rental location 796-800 Brookridge Drive or 47 Brookside Avenue in Valley Cottage, New York.

Persons who believe that they may have a valid claim of racial discrimination by this defendant

or at this location are invited to contact the United States Attorney's Office, Southern District

of New Yorlc, before

,2012 (five months from the date of the Decree) at

212-637-2672.

You may also write to:

United States Attorney's Office, S.D.N.Y. Civil llights Unit 86 Chambers Street New York, New York 10007

Case 7:10-cv-09099-KMK Document 9 Filed 04/17/12 Page 23 of 27

Appendix A

NONDlSCRIMINATIO~ POLICY

It is the policy of Burgundy Gardens, LLC, d/b/a Burgundy Gardens, to comply with Title Vlll of the Civil Rights Act of 1968, as amended, commonly known as the Fair Housing Act by ensuring, to the extent required by law, that apartments are available to all persons without regard to race, color, religion, national origin, disability, sex, or familial status. This policy means that, among other things, Burgundy Gardens, LLC, d/b/a Burgundy Gardens, and all their agents and employees with the responsibility for renting, managing, or administering any dwelling units must not discriminate in any aspect of the rental of dwellings against qualified applicants or tenants because of racc or color. Such agenLs and cmployees may not:

A. Refuse to rent, refuse to negotiate for the rental of, or otherwise make unavailable or deny, a dwelling to any person because ofraee, color, religion, national origin, disability, sex, or familial status;

B.

Discriminate against any person in the terms, conditions, or privileges of rental of

a d\velling, or in the provision of services or facilities in connection therewith,

because of race, color, religion, national origin, disability, sex, or familial status;

C.

Make, print, o[ publish, or cause to be made, printed, o[ published any notice,

statcment, or advertisement, with respect to the rental of a dwelling that indicates

any preference, limitation, or discrimination based on race, color, religion,

national origin, disability, sex, or familial status; or

D. Represent to persons because of race, color, religion, national origin, disability, sex, or familial status that any dwelling is not available for inspection or rental when such dwelling is in fact so available.

Any agent or employee who fails to comply with this Nondiscrimination Policy will be subjcct to appropriate disciplinary action, Any action taken by an agent or employee that results in unequal service to, treatment of, or behavior toward tenants or actual or potential applicants on thc basis of race, color, religion, national origin, disability, familial status, or sex may constitute a violation of state and federal fair housing la ws. Any tenant or applicant who believes that any of the above policies havc been violated by any agent or employee of the owner should contact the owner's rcpresentative at 1-201-843-0505. Any tenant or applicant who believes that any of the above policies have been violated by any owner, agent, or employee may also contact the U.S. Departmcnt ofI-Iousing and Urban Developmcnt at 1-888-799-2085, or the U.S. Department of Justice at 1-800­ 896-7743 or 202-514-4713.

Case 7:10-cv-09099-KMK Document 9 Filed 04/17/12 Page 24 of 27

Appendix B

EMPLOYEE ACK~OWLEDG-'1ENT

I ackno\vledge that on

2012, I was provided copies of the Consent

Order entered by the Court in United States v. Burgundy Gardens, LLC, Civil Action No. 10-cv­

9099 (S.D.N.Y.), and the Nondiscrimination Policy of Burgundy Gardens, LLC, d/b/a Burgundy

Gardens. I have read and understand these documents and have had my questions about these

documents answered. I understand my legal responsibilities and shall comply with those

responsibilities.

Signature Print Name Job Title Date

Case 7:10-cv-09099-KMK Document 9 Filed 04/17/12 Page 25 of 27
APPENDIXC Employee Training Certification I certify that on_ _ _ _ _ _ _ _ _ _ _, 2012, I received training with respect to my responsibilities under the Consent Order entered by the Court in United States v. Burgundy Gardens. LLC, Civi I Action No. lO-cv-9099 (S.D.N.Y.), and the federal fair housing laws. I have had the oppOliunity to have my questions about them answered. I understand my legal responsibilities not to discriminate under the federal fair housing laws, including the Fair Housing Act, and shall comply with those responsibilities.
Signature Print Name Job Title Date

Case 7:10-cv-09099-KMK Document 9 Filed 04/17/12 Page 26 of 27

APPENDIX D (NOTICE OF VICTIM FUND) 


NOTICE OF SETTLEMENT AND CONSENT DECREE REGARDING 
 HOUSING DISCRIMINATION LAWSUIT 


On

, 2012, the US District Court in the Southern District of New York entered an

order with consent of the parties resolving a discrimination lawsuit brought by the United States.

The lawsuit alleged that Burgundy Gardens, LLC discriminated against African Americans who

were seeking rental hOllsing.

All parties have agreed to resolve the lawsuit under the terms of the Consent Decree.

The United States is now seeking information from all persons who claim to have suffered unlawful housing discrimination by this Defendant at rental location 796-800 Brookridge Drive or 47 Brookside Avenue in Valley Cottage, New York.

Persons \vho believe that they may have a valid claim ofraeial discrimination by this defendant

or at this location are invited to contact the United States Attorney's Office, Southern District

of New York, before

2012 (five months trom the date of the Decree) at

212-637-2672.

You may also write to:

United States Attorney's Office. S.D.N.Y. Civil Rights Unit 86 Chambers Street New York, New York 10007

Case 7:10-cv-09099-KMK Document 9 Filed 04/17/12 Page 27 of 27

Appendix E

FULL AND FINAL RELEASE nF CLAIMS

In consideration for the pa11ies' agreement to the terms of the Consent Order they entered

into in the case of United States v. Burgundv Gardens, LLC, Civil Action No. 1O-cv-9099

(S.D.:-I.Y.), as approved by the United States District Court for the Southern District of New

York, and in consideration for the payment of

which represents

the damages incurred by me as a result of the alleged discrimination by Burgundy Gardens, LLC,

d/b/a Burgundy Gardens ("Defendant"),

do hereby fully release

and forever discharge Defendant, along with its past and present insurers, attorneys, related

companies, principals, members, predecessors, successors, assigns, affiliates, partners, directors,

oflicers, agents, employers, shareholders, subsidiaries, employees, heirs, executors, and

administrators and any persons acting under their respective direction or control from any and all

housing discrimination claims set forth, or which could have been set forth, in the Complaint in

this lawsuit that I may have had against any of them for any of Defendant's actions or statements

related to those claims through the date I sign this release.

Executed this ___ day of ____

,2012.

[Signature] [Print Name]

 
 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
----------------------------------------------------------------- X
UNITED STATES OF AMERICA,
Plaintiff,
-against-
BURGUNDY GARDENS, LLC,

SETTLEMENT FUND ORDER 10 Civ. 9099 (KMK) ECF Case

Defendant.
----------------------------------------------------------------- X
WHEREAS this action was filed by the United States of America (the "Government")

against Defendant Burgundy Gardens, LLC to enforce the provisions of the Fair Housing Act, 42

U.S.C. §§ 3601- 3619;

WHEREAS the Government and Defendant entered into a Consent Decree resolving this

action, which the Court entered on April16, 2012 (the "Consent Decree");

WHEREAS, pursuant to paragraph 18 of the Consent Decree, in or about August 2012,

Defendant created a fund by depositing $150,000 into an interest-bearing escrow account for the

purpose of compensating any persons whom the Court determines may have been harmed by

Defendant's discriminatory rental practices (the "Settlement Fund");

WHEREAS, pursuant to paragraph 25 of the Consent Decree, the Government

investigated the claims of allegedly aggrieved persons and made a preliminary determination that

Mrs. Zanetta Crenshaw ("Mrs. Crenshaw") is an aggrieved person who would appropriately be

compensated for damages she sustained by Defendant's discriminatory rental practices by

receiving eighty-five thousand dollars ($85,000.00), and informed Defendant in writing on or

about January 10, 2013, ofthe Government's preliminary determination accompanied by a sworn

declaration from Mrs. Crenshaw;

WHEREAS Defendant did not provide the Government with information or

documentation refuting the Government's preliminary determination; and

WHEREAS on April 9, 2013, the Government submitted its final recommendations to the

Court for approval, identifying Mrs. Crenshaw as the one aggrieved person who would

appropriately be compensated from the Settlement Fund by an amount of eighty-five thousand

dollars ($85,000.00);

NOW, THEREFORE, IT IS HEREBY ORDERED that Defendant shall pay Mrs.

Zannetta Crenshaw the sum of eighty-five thousand dollars ($85,000.00) from the Settlement

Fund.

th;tay SO ORDERED

.-\-~

L _,

of __....,fl\'-r-'.:..:.1•_ _ _, 2013.

Uni[A;es District Judile

2

 
 Case 7:10-cv-09099-KMK Document 11 Filed 06/13/13 Page 1 of 2
U.S. Department of Justice
86 Chambers Street New York. New York 10007
June 11,2013
BY HAND DELIVERY Hon. Kenneth M. Karas United States District Judge United States Courthouse 300 Quarropas Street White Plains, New York 10601-4150
Re: United States of America v. Burgundy Gardens, LLC, 10 Civ. 9099 (KMK)
Dear Judge Karas:
We '\vrite respectfully on behalf of the parties, and pursuant to the Consent Decree entered by the Court on April 16,2012, in the above-referenced action, to request that the Court issue an order directing Defendant to distribute to identified organizations, the remaining balance of the fund created by Defendant for the purpose of compensating persons whom the Court deternlines may have been harmed by Defendant's discriminatory rental practices (the "Settlement Fund").
Pursuant to paragraph 18 of the Consent Decree, in or about August 2012, Defendant created the Settlement Fund by depositing $150,000 into an interest-bearing escrow account. Pursuant to paragraph 26 of the Consent Decree, on April 9, 2013, the Government submitted its final recommendations to the Court that one aggrieved person (the "Victim") should be compensated for damages she sustained by Defendant's discriminatory rental practices, and on April 29, 2013, the Court entered an order requiring that the Victim be paid $85,000.00 from the Settlement Fund. On or about May 17,2013, the Victim signed a release of claims, pursuant to paragraph 28 of the Consent Decree, and received a check from the Settlement Fund for $85,000.00. The Settlement Fund continues to contain approximately $65,055.20.
Because money remains in the Settlement Fund after the requirements of paragraphs 18 through 28 of the Consent Decree have been satisfied and the corresponding time periods have expired, and pursuant to paragraph 29 of the Consent Decree, any money remaining in the Settlement Fund, including interest, shall be distributed to qualified organizations for the purpose of conducting fair housing enforcement or educational activities in Rockland County. Defendant proposes that, and the Government does not object to, fifty percent of the money remaining in the Settlement Fund being distributed to Legal Aid Society of Rockland County and fifty percent

Case 7:10-cv-09099-KMK Document 11 Filed 06/13/13 Page 2 of 2

being distributed to New York Legal Assistance Group ("NYLAG") and designated to one of NYLAG's seven main units that deliver direct legal services to clients.
Pursuan.t to paragraph 29 of the Consent Decree, the parties must obtain the Court's approval prior to distributing any of the Settlement Fund's remaining assets. Accordingly, the parties request that the Court So Order the enclosed proposed Fund Payment Order directing Defendant to distribute fifty percent of the money remaining in the Settlement Fund, i. e., $32,527.60, to Legal Aid Society of Rockland County, and fifty percent, i.e., $32,527.60, to NYLAG and designated to one of NYLAG's seven main units that deliver direct legal services to clients.
Thank you for your consideration of this matter.
Respectfully submitted,
PREET BHARARA United States Attorney

By: DAVID S. JONES DANIEL P. FILOR Assistant United States Attorneys Telephone: (212) 637-2739 Facsimile: (212) 637-2750

Encl.
cc: Laurent Drogin, Esq. (by email) Counsel for Burgundy Gardens, LLC

!he Clerk of the Court tS respectfully requested to docket this letter.

2 


 
 Case 7:10-cv-09099-KMK Document 12 Filed 06/13/13 Page 1 of 3

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ----------------------------------------------------------------- x
ITNlTPD S!TJlT~s! OJ;' AMI:JUCA,
Plaintiff,
-against-
BURGUNDY GARDENS, LLC,

FUND PAYMENT ORDER 10 Civ. 9099 (KMK) ECF Case

Defendant. ----------------------------------------------------------------- x
WHEREAS this action was filed by the United States of America (the "Government")

against Defendant Burgundy Gardens, LLC to enforce the provisions of the Fair Housing Act, 42

U.S.C. §§ 3601 3619;

WHEREAS the Government and Defendant entered into a Consent Decree resolving this

action, which the Court entered on April 16,2012 (the "Consent Decree");

WHEREAS, pursuant to paragraph 18 of the Consent Decree, in or about August 2012,

Defendant created a fund by depositing $150,000 into an interest-bearing escrow account for the

purpose of compensating any persons whom the Court determines may have been harmed by

Defendant's discriminatory rental practices (the "Settlement Fund");

WHEREAS, pursuant to paragraph 26 of the Consent Decree, on April 9,2013, the

Government submitted its final recommendations to the Court that one aggrieved person (the

"Victim") should be compensated for damages she sustained by Defendant's discriminatory

rental practices, and on April 29, 2013, the Court entered an order requiring that the Victim be

paid eighty-five thousand dollars ($85.000.00) from the Settlement Fund;

Case 7:10-cv-09099-KMK Document 12 Filed 06/13/13 Page 2 of 3
WHEREAS, on or about May 17,2013, the Victim signed a release of claims, pursuant to paragraph 28 of the Consent Decree, and received a check from the Settlement Fund for eighty­ five thousand dollars ($85,000.00);
WHEREAS, the Settlement Fund continues to contain approximately sixty-five thousand, fifty-five dollars and twenty cents ($65,055.20);
WHEREAS, because money remains in the Settlement Fund after the requirements of paragraphs 18 through 28 of the Consent Decree have been satisfied and the corresponding time periods have expired, and pursuant to paragraph 29 of the Consent Decree, any money remaining in the Settlement Fund, including interest, shall be distributed to qualified organizations for the purpose of conducting fair housing enforcement or educational activities in Rockland County, and Defendant proposes and the Government does not object to fifty percent (50%) of the money remaining in the Settlement Fund being distributed to Legal Aid Society of Rockland County and fifty percent (50%) of the money remaining in the Settlement Fund being distributed to New York Legal Assistance Group CNYLAG") and designated to one of NYLAG's seven main units that deliver direct legal services to clients; and
WHEREAS, pursuant to paragraph 29 of the Consent Decree, the parties must obtain the Court's approval prior to distributing any of the Settlement Fund's remaining assets;
NOW, THEREFORE, IT IS HEREBY ORDERED that Defendant shall distribute fifty percent (50%) of the $65,055.20 remaining in the Settlement Fund, i.e., thirty-two thousand, five hundred, twenty-seven dollars and sixty cents ($32,527.60), to Legal Aid Society of Rockland County;
2 


Case 7:10-cv-09099-KMK Document 12 Filed 06/13/13 Page 3 of 3 IT IS FURTHER ORDERED that Defendant shall distribute fifty percent (50%) of the $65,055.20 remaining in the Settlement Fund, i.e., thirty-two thousand, five hundred, twenty­ seven dollars and sixty cents ($32,527.60), to New York Legal Assistance Group and designated to one of NYLAG's seven main units that deliver direct legal services to clients.
~ +" day of.cr;_ :_~___, 2013.
3 


 
 Case: 7:10-cv-9099 As of: 06/21/2013 12:19 AM EDT 1 of 3

U.S. District Court Southern District of New York (White Plains) CIVIL DOCKET FOR CASE #: 7:10−cv−09099−KMK

CLOSED, ECF

United States Of America v. Burgundy Gardens, LLC Assigned to: Judge Kenneth M. Karas Cause: 42:405 Fair Housing Act
Plaintiff

Date Filed: 12/06/2010 Date Terminated: 04/17/2012 Jury Demand: None Nature of Suit: 443 Civil Rights: Accommodations Jurisdiction: Federal Question

United States Of America

represented by Daniel Post Filor U.S. Attorney's Office, SDNY (Chambers Street) 86 Chambers Street New York, NY 10007 (212) 637−2726 Fax: (212) 637−2717 Email: daniel.filor@usdoj.gov ATTORNEY TO BE NOTICED

V. Defendant Burgundy Gardens, LLC

represented by Laurent Scott Drogin Tarter Krinsky &Drogin LLP(1350 B'way) 1350 Broadway 11th Floor New York, NY 10018 (212) 216−8000 Fax: (212) 216−8001 Email: LDROGIN@tarterkrinsky.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Elizabeth Ann Chew Fox Rothschild, LLP (NYC) 100 Park Avenue New York, NY 10019 (212)−878−7968 Fax: (212)−692−0940 Email: echew@foxrothschild.com TERMINATED: 10/06/2011

Date Filed 12/06/2010
12/06/2010 12/08/2010 12/08/2010 03/07/2011
03/07/2011

# Docket Text
1 COMPLAINT against Burgundy Gardens, LLC. Document filed by United States Of America.(jma) (Entered: 12/09/2010)
Case Designated ECF. (jma) (Entered: 12/09/2010)
SUMMONS ISSUED as to Burgundy Gardens, LLC. (jma) (Entered: 12/09/2010)
Magistrate Judge Lisa M. Smith is so designated. (jma) (Entered: 12/09/2010)
2 NOTICE OF APPEARANCE by Elizabeth Ann Chew on behalf of Burgundy Gardens, LLC (Chew, Elizabeth) (Entered: 03/07/2011)
3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Burgundy Gardens, LLC.(Chew, Elizabeth) (Entered: 03/07/2011)

Case: 7:10-cv-9099 As of: 06/21/2013 12:19 AM EDT 2 of 3

03/07/2011 09/29/2011
10/04/2011 10/05/2011 10/06/2011
10/14/2011 04/17/2012 04/29/2013 06/13/2013
06/13/2013

4 ANSWER to Complaint. Document filed by Burgundy Gardens, LLC.(Chew, Elizabeth) (Entered: 03/07/2011)
5 CALENDAR NOTICE: The above captioned matter has been scheduled for a Rule (16) conference before the Honorable Kenneth M. Karas, United States District Judge, on Monday, October 11, 2011 at 11:15 a.m. in Courtroom 521, U. S. District Court, 300 Quarropas Street, White Plains, New York 10601. (Initial Conference set for 10/11/2011 at 11:15 AM in Courtroom 521, 300 Quarropas Street, White Plains, NY 10601 before Judge Kenneth M. Karas) (Signed by Judge Kenneth M. Karas on 9/29/2011) (lnl) (Entered: 09/29/2011)
6 **DEFICIENT DOCKET ENTRY**NOTICE of Substitution of Attorney. Old Attorney: Elizabeth Chew, New Attorney: Laurent S. Drogin, Address: Tarter Krinsky &Drogin LLP, 1350 Broadway, 11th Floor, New York, NY, USA 10018, (212) 216−8000. Document filed by Burgundy Gardens, LLC. (Rosenthal, Maxwell) Modified on 10/5/2011 (rj). (Entered: 10/04/2011)
***NOTE TO ATTORNEY − DOCUMENT REFERRED TO JUDGE FOR APPROVAL. Note to Attorney Maxwell Rosenthal Document 6 Notice of Substitution of Attorney, was referred to Judge Kenneth M. Karas for approval. (rj) (Entered: 10/05/2011)
7 STIPULATION AND ORDER: It is hereby stipulated and agreed that Tarter Krinsky &Drogin LLP, 1350 Broadway, New York, New York 10018, be substituted as attorneys of record for defendant Burgundy Gardens, LLC in the above captioned action, in place and stead of Fox Rothschild, LLP, 100 Park Avenue, New York, New York 10019. In addition, Fox Rothschild, LLP hereby withdraws as counsel of record for defendant Burgundy Gardens, LLC in this action. (Signed by Judge Kenneth M. Karas on 10/5/2011) (rj) (Entered: 10/06/2011)
8 CASE MANAGEMENT PLAN AND SCHEDULING ORDER:Movant's pre motion letter is due 5/10/2012, Non Movant's response is due 5/17/2012. Deposition due by 2/10/2012. Fact Discovery due by 2/10/2012. Case Management Conference set for 5/24/2012 at 11:30 AM before Judge Kenneth M. Karas. (Signed by Judge Kenneth M. Karas on 10/11/2011) (rj) (Entered: 10/14/2011)
9 CONSENT DECREE: This Court has jurisdiction over the parties and the subject matter of this action. The Court shall retain jurisdiction over the parties to enforce and administer the terms of the Consent Decree for three years after the effective date of the Consent Decree. Each party to this litigation will bear its own costs and attorneys' fees associated with this litigation. As set forth in this Order. (Signed by Judge Kenneth M. Karas on 4/16/2012) (mml) (Entered: 04/18/2012)
10 SETTLEMENT FUND ORDER: NOW, THEREFORE, IT IS HEREBY ORDERED that Defendant shall pay Mrs. Zannetta Crenshaw the sum of eighty−five thousand dollars ($85,000.00) from the Settlement Fund. SO ORDERED. (Signed by Judge Kenneth M. Karas on 4/29/2013) (mml) (Entered: 04/29/2013)
11 ENDORSED LETTER addressed to Judge Kenneth M. Karas from Daniel P. Filor and David S. Jones dated 6/11/2013 re: Counsel requests that the Court issue an order directing Defendant to distribute to identified organizations, the remaining balance of the fund created by Defendant for the purpose of compensating persons whom the Court determines may have been harmed by Defendant's discriminatory rental practices. ENDORSEMENT: The Clerk of the Court is respectfully requested to docket this letter. SO ORDERED. (Signed by Judge Kenneth M. Karas on 6/13/2013) (mml) (Entered: 06/13/2013)
12 FUND PAYMENT ORDER: Defendant shall distribute fifty percent (50%) of the $65,055.20 remaining in the Settlement Fund, i.e., thirty−two thousand, five hundred, twenty−seven dollars and sixty cents ($32,527.60), to Legal Aid Society of Rockland County. Defendant shall distribute fifty percent (50%) of the $65,055.20 remaining in the Settlement Fund, i.e., thirty−two thousand, five hundred, twenty−seven dollars and sixty cents ($32,527.60), to New York Legal Assistance Group and designated to one of NYLAG's seven main units that deliver direct legal services to clients. SO ORDERED. (Signed by Judge Kenneth M.

Case: 7:10-cv-9099 As of: 06/21/2013 12:19 AM EDT 3 of 3 Karas on 6/13/2013) (mml) (Entered: 06/13/2013)

 
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MANHATTAN U.S. ATTORNEY RECOVERS $175,000 IN SETTLEMENT OF RACE DISCRIMINATION CASE AGAINST ROCKLAND COUNTY LANDLORD

FOR IMMEDIAT E RELEASE

Wednesday April 18, 2012

Apartment Building Owner Admits that Former Rental Agent Did Not Show Available Apartments to African-Americans

Preet Bharara, the United States Attorney for the Southern District of New York, announced today a settlement of the United States' lawsuit against BURGUNDY GARDENS, LLC for discriminating against African-American apartment seekers in violation of the Fair Housing Act. Under the settlement, BURGUNDY GARDENS admits that its former on-site agent gave incorrect or incomplete information to African-American prospective tenants about the availability of apartments and failed to show available apartments to African-Americans. BURGUNDY GARDENS is enjoined by the consent decree from discriminating against any person in the terms or conditions of renting a dwelling because of race or color. The company must also pay $150,000 into a victim fund that will be available to compensate people who were harmed by the discriminatory rental practices of BURGUNDY GARDENS, and must pay a civil penalty of $25,000.

U.S. Attorney Preet Bharara stated: "Our office will not tolerate illegal discrimination in housing and will use the power of the Fair Housing Act to pursue those who violate the law. Discrimination based on race or color must be eradicated so that people of all ethnic backgrounds have equal access to the communities in which they seek to live."

BURGUNDY GARDENS owns and operates a residential apartment complex consisting of approximately 96 rental apartment units located in Valley Cottage, Rockland County, New York. The settlement resolves a lawsuit filed by the United States on December 5, 2010. Based upon evidence obtained using several testers who visited BURGUNDY GARDENS, in its complaint, the United States alleged, among other things, that BURGUNDY GARDENS provided false information about the availability of rental apartments and refused to rent to African-Americans, while negotiating rental agreements with whites.

The settlement, in the form of a consent decree, was signed today in White Plains federal court by U.S. District Judge Kenneth M. Karas. Under the settlement, BURGUNDY GARDENS admits that its former on-site agent gave incorrect or incomplete information to African-American prospective tenants about the availability of apartments, provided an application to a non-African-American when a rental dwelling was available for rent but not to an African-American, and showed available apartments to non-African-Americans but not to African-Americans. The company is enjoined by the consent decree from discriminating against any person in the terms or conditions of renting a dwelling because of race or color. In addition, BURGUNDY GARDENS must implement a Nondiscrimination Policy of uniform, non-discriminatory standards and procedures for showing available apartments to prospective tenants, educate its employees on federal and state housing discrimination laws, and submit periodic reports to the Government containing information about its rental activity. The United States will monitor the company’s compliance with the terms of the consent decree for a minimum of three years.

BURGUNDY GARDENS also agrees to pay $150,000 into a victim fund that will be available to compensate people whom the Court determines were harmed by the discriminatory rental practices of BURGUNDY GARDENS. Notices to potential victims of housing discrimination
www.justice.gov/usao/nys/pressreleases/April12/burgundygardensettlement.html

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will be placed on websites and in newspapers in Rockland County. Aggrieved persons shall have 150 days from the entry of the Court’s consent decree to contact the United States about any discrimination by BURGUNDY GARDENS and harms they sustained. Under the settlement, the company must also pay a civil penalty of $25,000.
Fighting illegal housing discrimination is a top priority of the Department of Justice. The federal Fair Housing Act prohibits discrimination in housing on the basis of race, color, religion, sex, familial status (having one or more children under 18), national origin, and disability. Persons who believe they have experienced or witnessed unlawful housing discrimination may call the U.S. Attorney's Office civil rights complaint hotline in the Southern District of New York at 1-212-637-0840, the national Housing Discrimination Tip Line at 1800-896-7743, or contact HUD at 1-800-669-9777.
The case is being handled by the Office's Civil Rights Unit. Assistant United States Attorneys Daniel P. Filor and David S. Jones are in charge of the case.
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