Case 2:11-cv-02157 Document 1 Filed 08/29/11 Page 1 of 6

UNITED STATES mSTRIC'f COUR'JI' FOR THE EASTERN DISTRICT OF LOUISIANA

CIVIL COMPLAINT

United States, Plaintiff,
VB,
Betty Bauchan, Bouehon Limited Famlly Partnership, und Sapphire Corp"
Defendants,

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CASE NO, ~_ __

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The United States of Amel'iea alk,sc.: I, This action is brought to enforce the Fail' Housing Act, Title VlII of the Civil Rights Act
of 1968, as amended by the Fall' Housing Amendments Act of 1988, 42 U.s,C, §§ 3601 et seq, 2, This emu'! has,iudsdiction ovor this aotion p\1l'suunt to 28 U,S,C, §§ 1331 und 1345 and
42 U.s,C, §. 3614., Venue is prOPel' under 28 U,S,C, § 1391(b) (IS the claims alleged
herein arose in the Eastern District of Louisiana, 3, TIle Bauchan Limited Family Pmtnership own,~ a sixteen"unit apartment building locat~d
at 4919 Canal SITeet, New Orleans, Louisiana. 1110 Bouchon Limited Family Partnership offers apm'lments in that building for rent. Those ttpm'!menls are dwellings within tile meaning oflhe Fail' HOllsing Act, 42 U.S.C. § 3602(b). 4. Defendant Bouchon Limited Family Partnership is a Louisiana paltnel'ship with its

Case 2:11-cv-02157 Document 1 Filed 08/29/11 Page 2 of 6
principal place of business in Metairie, Louisiana. 5. Defendant Snpphlre COl'Poration is a Louisiana corporation with its pdncipal place of
business in Metairie, Louisiana. Defendant Sapphire Corporation is the general paliner of the Bouchon Limited Family Partnership. 6. Defendani Betty Bouchon is a limited pmtnel' in the Boucholl Limited Family Partnership, and manages and operates the sixteen-unit apartment building located at 4919 Canal Street, New Orleans, Louisiana on behalf ohhe Bouchon Limited Family Partnership, 7, Defendant Bouchon Limited Family Partnership has the right to direet and control
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Defendant Betty Bouch()ll's actions ~IS m~llager and operator of the apartment building located at 4919 Canal Street, New Orleans, Louisltma, 8. Wh.llc acting with the actual Ot' apparent mlthority of the 13otlchon Limited Fmnily Purtnership, Betty Bouchon showed and alTered fot, rent an apartment located in the sixteen-unit apartment building located at 4919 Canal Street, New Orleans, Louisiana. 9, The Greater New Orleans PHil' I-lousing Action Center conducted a series ohests in September 2009 to ovaluate the Defendants' compliance with the Fair Housing Act, Testing is the simulation of a housing transaction that compares responses given by housing providers to different types of home"seckel's to determine whether illegal
discrimination is occurring, 'nle testing undertaken by the (Jt'cater New Orleans Fair
Housing Action Center revealed that Defendant Betty Bouchon engaged in housing practices that discdminate all the basis of race 01' color at the sixteen"unit apartment building located at 4919 Canal Street, New Orleans, Louisiana,
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Case 2:11-cv-02157 Document 1 Filed 08/29/11 Page 3 of 6
10. The testing conduoted by the Greater New Orleans Fail' Housing Action Centel' revealed that Defendant Betty Bouchan refused to retul'l1 phone oalls from prospective Africa11-American renters, but did return phone cails from prospective white renters. The testing further revealed that Defelld~U1t Betty Bouchon made statements to prospective white rel1tel'.~ Indioating that she would not rent to African Americans. The testing further revetlled that Betty Bouchon indicated to an African-American prospective tenant tbat a unit in the sixteen-unit apaltment building located at 4919 Canal Street, New Orleans, Louisiana was not available fbI' rent when it wns, in fact, availabl(),
11, By the conduot set forth above, Defendants Betty Bouchon and the Bouchon Family Limited Pm1nership have: B. Refused to negotiate for the rental of, 01' otherwise made unavailable or denied a dwelling to a person on the basis of !'aoe or coloI', in violation of Section 804(a) of the Fail' Housing Act, 42 U.S.C. § 3604(a); b. Discriminated in the terms, conditions, or privileges of rental of a dwelling because afmco 01' color, in violation of Section 804(b) of the Fail' HOllsing Act, 42 U.S.C. § 3604(b); o. Made statements with respect to the sale 01' rental of dwellings that indioate a pl'eference, limitation, 01' discriminlltion based Oil race or color, in violation of Section 804(0) ofthe Fair Housing Act, 42 U.S.C. § 3604(c); tllld d. Represented because of race 01' color that a dwelling is not available for inspection or rental when suoh dwelling is in fact so available, in violation of Section 804(d) ofthe Fair Housing Act, 42 U.S.C. § 3604(d).
12. Tbe discriminatory actions of Defendunts Belty BOllCholl and the Bouchon Family

Case 2:11-cv-02157 Document 1 Filed 08/29/11 Page 4 of 6
Limited Partnership were intentional, willful, and taken in disregard of the requlrement~ of the Fair Housing Aot, 13, The conduct of Defendants Betty Bouchon and the Bouchan Family Limited Pmtnership set forth above constitutes: a, A pattern 01' practice of resistance to the full onj oyment ofl'ights granted by the
Fair HO\lSing Act, 42 U,S,C, §§ 3601·3619; 01'
b, A denial to a gl'OUp of perSOilS of rights granted by the Fair HOllsing Aot, 42 U,S,C, §§ 3601-3619, which denial raiscs an issue of gencl'al public
importance, 14, Persons who may have been the victims of Defendants Betty Bouchon and the Bouchon
Family Limited Partnership's discriminatory housing practices are aggrieved persons as defined in 42 U.s,C, § 3602(1), and may have suffered injuries as El result of the conduct described above, 15, The discriminatory actions of Defendunts Betty Bouchon and the Bouchon Family Limited Pm'tnership were intentional, willful, and taken in disregard of the requirements ofthe Fail' Housing Act. WHEREFORE, the United States pJ'ays that the court cnter an ORDER that: 1, Declal'es that Defendants Betty Bouoholl and the Bouchon Family Limited Partnership's conduct, as alleged herein, violates the Fail' I-lousing Act; 2, Enjoins Defendants Betty Bouchon and the Bouchon Family Limited Partnership, their off:lcers, employees, agents, successors and all other persons in active concert 01' purticipation with thom, from fU11her:
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fl, Refusing 10 rent, aftor Ihe mtudng of a bona fide o1'for, 01' refusing to negotiate for the rental of, or otherwise make unavailabJe ot' deny, a dwelling to any person because of race 01' color;
b, Discriminating against any person ill the ler111s, conditions, 01' privileges of reutaJ of a dwelling beoause of race or color;
c, Repnlscnting to any person because of race or coloI' that any dwelling is not available for iuspectiou, sale or rental when such dwelling is in fact so available;
d, Dlscrimlnatlng on the basis ohace against i\ny persollin tU1y aspect of the rental of dwellings, pursuant to 42 U,S,C, § 3614(d)(J)(A); and
e, Failing 01' refusing to take such steps that may be necessary to prevent the recurrence of any discriminatory conduct ill the futuro and to eliminate, to the extent practicable. the effects oflhe Defendants' unlawful housing practices,
4, Awm'ds monetary damages, pmsuant to 42 U.S,C, § 3614(d)(1)(B), to all persons harmed by Defendants Betty Blluchon and the Bouchon FtU11ily Limited Pmtncrship's disoriminatory practices; and
5, Assesses a oivil penalty against Defendants Betty B01.1(:holl und the Bouchon Family Limited Partnership in an amount authorized by 42 U.s,C. § 36l4(d)(J)(C), to vindicate the public interest.

Case 2:11-cv-02157 Document 1 Filed 08/29/11 Page 6 of 6

The United States ft1l1her prays for such additional relief as the interests of jl1stice may reql1ire.

-¥-t-- Dated:

2011

JIM LETTEN United States' Attorney Eastern Distdct of Louisiana

ERIC H. HOLDER, 11'. Attorney General
G.- £ cs.~
THOMAS E. PEREZ • Assistant Attorney General Civil Rights Division

S Assistant U.S. Attorney 650 Poydras Street, 16th Floor New Orleans, LOl1isiana 70130 Phone: (504) 680-3000 Fax: (504) 680-3186

STEVEN H. ROSENBAUM Chief
RE "eCA B. BOND Deputy Chief' SEAN R. KBVENEY Tdal Attol'llcy Housing arid Civil Enforcement Section Civil Rights Division U.S. Department of Justice 950 Pennsylvania Ave., N.W. Northwestern Building, 7th Floor Washington, D.C. 20530 Phone: (202) 514-4838 Fax: (202) 514-1116 sean.l·.keveney@usdoj.gov

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 Case 2:11-cv-02157-KDE-DEK Document 5 Filed 09/02/11 Page 1 of 27

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF LOUISIANA

United States,

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Plaintiff,

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vs.

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CASE NO. 11-cv-2157

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Betty Bouchon, Bouchon Limited Family

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Partnership, and Sapphire Corp.,

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Defendants.

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CONSENT ORDER AMONG THE UNITED STATES AND BETTY BOUCHON, THE BOUCHON LIMITED FAMILY PARTNERSHIP,
AND THE SAPPHIRE CORPORATION
I. INTRODUCTION 1. This action was filed 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, 42 U.S.C. §§ 3601 et seq. The United States alleges that Betty Bouchon, the Bouchon Limited Family Partnership, and the Sapphire Corporation (collectively “Defendants”) have engaged in a pattern or practice of discrimination on the basis of race or color and/or a denial of rights to a group of persons that raises an issue of public importance, in violation of 42 U.S.C. § 3614, in the rental of dwelling units that the Defendants own,
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manage, and/or operate at 4919 Canal Street, New Orleans, Louisiana. This agreement is entered into among the United States and the Defendants, Betty Bouchon, the Bouchon Limited Family Partnership, and the Sapphire Corporation. 2. The United States alleges that Defendants have refused to negotiate for the rental of, or otherwise made unavailable or denied housing to persons because of race or color, in violation of 42 U.S.C. § 3604(a); discriminated 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); (c) made statements that expressed explicitly an intent to discriminate in the rental of dwellings on the basis of race or color; and (d) discriminated by representing to persons because of race or color that dwellings were not available for inspection or rent when such dwellings were in fact so available, in violation of 42 U.S.C. § 3604(d). 3. This Court has jurisdiction over this action pursuant to 28 U.S.C. §§ 1331 and 1345 and 42 U.S.C. § 3614. Venue is proper under 28 U.S.C. § 1391(b) as the claims alleged herein arose in the Eastern District of Louisiana. 4. The Bouchon Limited Family Partnership owns a sixteen-unit apartment building located at 4919 Canal Street, New Orleans, Louisiana. The Bouchon Limited Family Partnership offers apartments in that building for rent. Those apartments are dwellings within the meaning of the Fair Housing Act, 42 U.S.C. § 3602(b). 5. Defendant Bouchon Limited Family Partnership is a Louisiana partnership with its principal place of business in Metairie, Louisiana.
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6. Defendant Sapphire Corporation is a Louisiana corporation with its principal place of business in Metairie, Louisiana. Defendant Sapphire Corporation is the general partner of the Bouchon Limited Family Partnership.
7. Defendant Betty Bouchon is a limited partner in the Bouchon Limited Family Partnership, and manages and operates the sixteen-unit apartment building located at 4919 Canal Street, New Orleans, Louisiana on behalf of the Bouchon Limited Family Partnership.
8. Defendant Bouchon Limited Family Partnership has the right to direct and control Defendant Betty Bouchon’s actions as manager and operator of the apartment building located at 4919 Canal Street, New Orleans, Louisiana.
9. While acting with the actual or apparent authority of the Bouchon Limited Family Partnership, Betty Bouchon showed and offered for rent apartments located in the sixteen-unit apartment building located at 4919 Canal Street, New Orleans, Louisiana.
10. The Greater New Orleans Fair Housing Action Center conducted a series of tests in September 2009 to evaluate the Defendants’ compliance with the Fair Housing Act. Testing is the simulation of a housing transaction that compares responses given by housing providers to different types of home-seekers to determine whether illegal discrimination is occurring. The testing undertaken by the Greater New Orleans Fair Housing Action Center revealed that Defendant Betty Bouchon engaged in housing practices that discriminate on the basis of race or color at the sixteen-unit apartment building located at 4919 Canal Street, New Orleans, Louisiana.
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11. The testing conducted by the Greater New Orleans Fair Housing Action Center revealed that Defendant Betty Bouchon refused to return phone calls from prospective African-American renters, but did return phone calls from prospective white renters. The testing further revealed that Defendant Betty Bouchon made statements to prospective white renters indicating that she would not rent to African Americans. The testing further revealed that Betty Bouchon indicated to an African-American prospective tenant that a unit in the sixteen-unit apartment building located at 4919 Canal Street, New Orleans, Louisiana was not available for rent when it was, in fact, available.
12. The Defendants deny the allegations in the United States’ Complaint. 13. The United States and the Defendants have agreed that to avoid protracted and costly
litigation, this lawsuit should be resolved without a trial. Therefore, the parties consent to the entry of this Consent Order, as shown by the signatures below. ACCORDINGLY, it is hereby ADJUDGED, ORDERED and ORDERD:
II. GENERAL INJUNCTION 14. Defendants, and all other persons in active concert or participation with then, are
enjoined, with respect to the rental or sale of dwellings,1 from: a. Refusing to rent or sell a dwelling, refusing or failing to provide or offer information about a dwelling, refusing to negotiate for the rental or sale of a dwelling, or otherwise making unavailable or denying a dwelling to any person because of race or color;
1 The term “dwellings” has the meaning set out in the Fair Housing Act, 42 U.S.C. §3602(b). 4

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b. Discriminating against any person in the terms, conditions, or privileges of

the rental or sale of a dwelling, or in the provision of services or facilities

in connection therewith, because of race or color;

c. Making any statement, oral or written, in connection with the rental or sale

of a dwelling, that expresses or indicates any preference, limitation, or

discrimination, or an intent to make any such preference, limitation, or

discrimination, on the basis of race or color; and

d. Representing to persons because of race or color that any dwelling is not

available

for inspection, rent, or sale when such dwelling is, in fact, so

available.

15. The provisions of Paragraph 14 apply to: (a) all residential dwellings offered for rent or

sale in which Defendants have, or in the future acquire, an ownership or management

interest; (b) all dwellings offered for rent or sale where Defendants act in any way as an

agent for the owner(s) thereof; and (c) any dwelling from which Defendants are to

receive any portion of the proceeds of the sale or rental thereof. Attached as Appendix A

hereto is a list of all dwellings in which Defendants have an ownership or management

interest; serve(s) as an agent for the owner(s) of; or from which the Defendant(s) is to

receive any portion of the proceeds of the sale or rental thereof as of the date of this

Order (“Subject Properties”). Defendants certify under penalty of perjury that Appendix

A is an accurate and complete list of currently covered dwellings.

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III. NONDISCRIMINATION POLICY 16. Upon entry of this Consent Order, Defendants shall implement the Nondiscrimination
Policy appearing at Appendix B at the Subject Properties. 17. Within 15 days of the entry of the Consent Order, Defendants shall distribute the
Nondiscrimination Policy to all of their current tenants, employees, agents, and anyone acting under the direction of the Defendant(s), who has responsibility for showing, renting, managing, or operating any and all dwelling units at the Subject Properties. Defendants shall review this policy, along with a question and answer session, with each employee, agent, or anyone acting under their direction, on an annual basis thereafter. 18. Within 15 days of the entry of this Consent Order, Defendants shall take the following steps to notify the public of their Nondiscrimination Policy:
a. Prominently post at all rental offices that Defendant(s) currently or subsequently use 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 Properties is available for rent, the Defendant(s) shall prominently post an easily readable “For Rent” or “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
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and logo shall be prominently displayed and easily readable;

c. Include the words “Equal Housing Opportunity” and/or the fair housing

logo in all rental advertising conducted by Defendants, or their agents or

employees, in newspapers, flyers, handouts, telephone directories and

other

written materials; on radio, television, internet or other media

broadcasts; and on all billboards, signs, pamphlets, brochures and other

prom

otional literature, provided that this requirement does not compel

Defendants to advertise in any of these media, but does require

compliance with this provision whenever Defendants so advertise. The

words and/or logo shall be prominently placed and easily readable;

d. Include 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 of the

docum

ent:

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).

IV. TRAINING

19. Within 30 days of the entry of this Consent Order, Defendants shall provide a copy of

this Order to its agents and employees involved in showing, renting, managing, or

operating any dwelling unit at the Subject Properties. Defendants shall secure a signed

statement from each such agent or employee acknowledging that he or she has received

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and read the Consent Order and the Nondiscrimination Policy, has had the opportunity to have questions about the Consent Order and Nondiscrimination Policy answered, and agrees to abide by the relevant provisions of the Consent Order and the Policy. This statement shall be in the form of Appendix C. 20. During the term of this Consent Order, within 30 days after each new agent or employee becomes involved in showing, renting, or managing units at the Subject Properties, Defendants shall provide a copy of this Consent Order 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 Order and the Nondiscrimination Policy, has had the opportunity to have questions about the Consent Order and Nondiscrimination Policy answered, and agrees to abide by the relevant provisions of the Consent Order and the policy. This statement shall be in the form of Appendix C. 21. Within 90 days from the date of entry of this Consent Order, Defendants and their 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 Defendants. Each individual who receives the training shall execute the Certificate of Training and Receipt of Consent Order, appearing at Appendix D. 22. At a minimum, the training required in the preceding paragraph shall consist of the
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following:

a. 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.

23. All persons responsible for renting, managing, and/or operating dwelling units at the

Subject Properties must receive the fair housing training, described in Paragraphs 21 and

22, within 90 days of entry of this Consent Order or within 30 days of beginning their

work as manager(s), whichever shall occur later.

V. NONDISCRIMINATORY STANDARDS AND PROCEDURES FOR SHOWING AVAILABLE DWELLING UNITS TO PROSPECTIVE TENANTS
24. Within 30 days from the date of entry of this Consent Order, Defendants shall develop

and submit to the United States, with respect to Subject Properties, 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 of their implementation and shall be consistent

with the provisions of this Section. Within 5 days of when the United States approves the

standards and procedures, Defendants 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 Order, these

standards and procedures may be modified only if written notice is given to counsel for

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the United States 30 days before the proposed modifications are to take effect and the United States makes no objection thereto. 25. The nondiscriminatory standards and procedures discussed in Paragraph 24, above, shall include the use of the following documents, which Defendants shall update as new information becomes available, and retain for the duration of the Consent Order:
a. Guest Cards: Defendants shall ensure that, for all prospective tenants who inquire in person about dwelling units, a Guest Card is completed, either by the prospective tenant and/or the Defendants, that contains: i. 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 Defendants or their employee or agent; iii. 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 shown, an explanation why not; and vi. The names of all employees/agents who assisted the prospective tenant.
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b. inquire
c.

Phone Logs: Defendants shall ensure that, for all prospective tenants who

by telephone about dwelling units, the Defendants shall maintain a

phone log that contains the following information:

i. The date of the prospective tenant’s phone call and, when the

prospective

tenant agrees to provide the information, and the

prospective

tenant’s name and telephone number(s);

ii. The date and time on which the prospective tenant is going to

view the apartment;

iii. The apartment size the prospective tenant requests and the date on

which the prospective tenant wishes to move;

iv. Whether the prospective tenant was invited to see available

dwelling units, and if not invited, an explanation why not; and

v. The names of all employees/agents who assisted the prospective

tenant.

Availability List: Defendants shall ensure that they maintain and timely

update 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 30 days, including the date either

Defendant or Defendant’s agent was first informed each would be

available for rental and the first date it would be available for rental or

occupancy by a new tenant. Defendants, their agents, and their employees

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shall

share the complete information on the Availability List with each

person who visits or calls to inquire about the availability of dwelling

units.

d. Rental Applications: Defendants, their agents, and their 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.

e. Waiting Lists: Defendants, their agents, and their 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.

VI. COMPLIANCE TESTING

26. The United States may take steps to monitor Defendants’ compliance with this Consent

Order including, but not limited to, conducting fair housing tests at any office(s) or

locations at which the Defendant(s) conduct rental activities.

VII. REPORTING AND DOCUMENT RETENTION REQUIREMENTS

27. Defendants shall, no later than 15 days after occurrence, provide to the United States notification and documentation of the following events:1

1 All documents or other communications required by this Consent Order to be sent to counsel for the United States shall be sent by commercial (non-USPS) overnight delivery service addressed as follows: Chief, Housing and Civil Enforcement Section, Civil Rights Division,
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a. Any change to the rules or practices regarding the nondiscrimination policy discussed in Paragraph 16-18 or the nondiscriminatory standards and procedures discussed in Paragraphs 24 and 25;
b. Notice of the acquisition of an indirect or direct ownership, financial, or management interest in any additional dwelling(s) for rent;
c. Proof of notification of the nondiscrimination policy described in paragraphs 16-18, including executed copies of the Acknowledgment forms, appearing at Appendix B, and a list of the names and addresses for all tenants to whom the policy was provided;
d. Any written or oral complaint against any of the Defendants, or any of Defendants’ agents or employees, regarding discrimination in housing. If the complaint is written, the Defendant(s) shall provide a copy of it with the notification. The notification shall include the full details of the complaint, including the complainant’s name, address, and telephone number. The Defendant(s) shall also promptly provide the United States all information it may request concerning any such complaint and shall inform the United States within 15 days of the substance of any resolution of such complaint; and
United States Department of Justice, 1800 G Street N.W., Suite 7002, Washington, D.C. 20006, Attn: DJ 175-32-213, or as otherwise directed by the United States. Facsimile transmissions shall be sent to (202) 514-1116.
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e. Any advertisements published in local newspapers pursuant to Paragraph

18.

28. Within 90 days of the date of entry of this Consent Order, and every 6 months thereafter

for the duration of this Consent Order, Defendants shall deliver to counsel for the United

States a report containing information about their compliance efforts during the preceding

reporting period, including but not limited to:

a. Executed copies of Appendices C and D;

b. Notification and documentation of the adoption and implementation of the

nondiscrim

inatory standards and procedures discussed in Paragraphs 16-

18;

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

the fair housing signs and Nondiscrimination Standards and Procedures,

pursuant

to Section III of this Order;

d. Copies of rental applications guest cards, availability lists, rental

applications,

and other information recorded by any means related to any

inquiries

regarding the availability of rental dwellings, maintained

pursuant to Section V of this Order;

e. A list of all rental properties in which Defendants or their members have

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

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

description of the interest in the property; and

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f. Notification of any purchase, inheritance, or acquisition of dwellings

pursuant

to Section X of this Order.

In addition to the reports required above, the Defendants shall submit a final report to

the United States no later than 30 days before the expiration of this Order.

29. During the period in which this Consent Order is in effect, Defendants shall preserve all

records that are the source of, contain, or relate to any of the information pertinent to their

obligations under this Order, 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 Defendants, representatives of the 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, Defendants shall provide copies of such documents.

VIII. COMPENSATION OF VICTIMS

30. Within 30 days after the entry of this Consent Order, Defendants shall send to counsel for

the Greater New Orleans Fair Housing Action Center, via overnight delivery, a check

made payable to the Greater New Orleans Fair Housing Action Center (“GNOFHAC”) in

the amount of $50,000 for the purpose of compensating the Greater New Orleans Fair

Housing Action Center.

31. GNOFHAC and the Defendants shall execute mutual agreements releasing one another

from all claims that have been brought, or could have been brought, arising from

GNOFHAC’s fair-housing testing of the Defendants and any subsequent statements

GNOFHAC or its agents or employees made relating to that testing.

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IX. CIVIL PENALTY 32. Within 30 days after the entry of this Consent Order, Defendant Betty Bouchon shall pay
a total of $10,000 to the United States as a civil penalty, pursuant to 42. U.S.C. § 3614(d)(1)(C). This payment shall be delivered to counsel for the United States in the form of a cashier’s check payable to the “United States Treasury.” 33. Within 30 days after the entry of this Consent Order, Defendants Bouchon Limited Family Partnership and the Sapphire Corporation shall pay a combined total of $10,000 to the United States as a civil penalty, pursuant to 42. U.S.C. § 3614(d)(1)(C). This payment shall be delivered to counsel for the United States in the form of a cashier’s check payable to the “United States Treasury.”
X. ACQUISITION OR TRANSFER OF INTEREST IN DWELLINGS 34. If at any time during the term of this Order Defendants acquires an ownership,
management, or other financial interest in, either in whole or in part, or are engaged to act in any way as an agent for the owner(s) of any other residential dwelling to be offered for rent or sale in addition to those listed in Exhibit A, the Defendants shall notify the United States in writing at least 30 days before completion of the transaction, providing the name and address of the property. That property shall be subject to the provisions of this Order for its duration. In addition, within 15 days following completion of the transaction, Defendant shall provide the United States a statement specifying the nature of Defendant’s interest in the property and stating whether the property will be offered for rent or sale, and a copy of the documents memorializing the transaction.
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Case 2:11-cv-02157-KDE-DEK Document 5 Filed 09/02/11 Page 17 of 27
35. If at any time during the term of this Order Defendant(s) decides to sell or otherwise transfer the entirety of his interest in any dwelling covered hereunder, he shall take the following steps: Upon sale of Defendant(s)’ interest in a dwelling covered under this Order in an arm’s-length transaction and compliance with the provisions of Sections VIII and IX of this Order, the new owner of the property shall have no obligations under this Order. For the purposes of this Order, an arm’s-length transaction is defined as a transaction that has been arrived at in the marketplace between independent, nonaffiliated persons or entities, unrelated by blood or marriage, with opposing economic interests regarding that transaction.
36. If any transfer of Defendant’s interest in any dwelling covered by this Order is not an arm’s-length transaction, Defendant and the new owner(s) shall remain jointly and severally liable for any violations of this Order for its duration. XI. NON-COMPLIANCE WITH CONSENT ORDER
37. By agreeing to entry of this Consent Order, the United States and Defendant agree that in the event Defendant engages in any future violation(s) of the Fair Housing Act, such violation(s) shall constitute a “subsequent violation” pursuant to 42 U.S.C. § 3614(d)(1) (C)(ii). This provision applies to any future violation, whether resolved voluntarily or through judicial proceedings.
38. The Court shall retain jurisdiction for the duration of this Consent Order to enforce its terms, after which time the case shall be dismissed with prejudice. The United States may move the Court to extend the duration of the Consent Order in the event of
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Case 2:11-cv-02157-KDE-DEK Document 5 Filed 09/02/11 Page 18 of 27
noncompliance, whether intentional or not, with any of its terms, or if it believes the interests of justice so require. 39. The parties shall endeavor in good faith to resolve informally any differences regarding interpretation of and compliance with this Consent Order 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 Order 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 attorneys’ fees which may have been occasioned by the violation or failure to perform.
XII. TIME FOR PERFORMANCE 40. This Order shall be in effect for a period of 4 years from the date of its entry, subject to
the provisions of Paragraphs 38 and 41, after which time the case shall be dismissed with prejudice. 41. Any time limits for performance imposed by this Order may be extended by mutual written agreement of the parties. The other provisions of this Order may be modified by written agreement of the parties or by motion to the Court. If the modification is by written agreement of the parties, then such modification will be effective upon filing of the written agreement with the Court, and shall remain in effect for the duration of the
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Case 2:11-cv-02157-KDE-DEK Document 5 Filed 09/02/11 Page 19 of 27

Order or until such time as the Court indicates through written order that it has not approved the modification.
XIII. COSTS OF LITIGATION 42. Each party to this litigation will bear its own costs and attorneys’ fees associated with this
litigation.

Dated: ________, 2011 United

___________________________ States District Judge

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Case 2:11-cv-02157-KDE-DEK Document 5 Filed 09/02/11 Page 20 of 27

For the United States:

JIM LETTEN

THOMAS

United States’ Attorney

Eastern District of Louisiana

Civil

E. PEREZ Assistant Attorney General
Rights Division

TOM WATSON

STEVE

Civil Chief

SANDRA E. GUTIERREZ

REBE

Assistant U.S. Attorney

Deputy

Hale Boggs Federal Building

500 Poydras Street, Suite B-210

New Orleans, Louisiana 70130

Phone: (504) 680-3000

Fax: (504) 680-3186

950

Northwestern

Washington,

Phone:

Fax:

___s/ Sean R. Keveney______________ N H. ROSENBAUM
Chief CCA B. BOND Chief
SEAN R. KEVENEY Trial Attorney Housing and Civil Enforcement Section Civil Rights Division U.S. Department of Justice
Pennsylvania Ave., N.W. Building, 7th Floor D.C. 20530
(202) 514-4838 (202) 514-1116 sean.r.keveney@usdoj.gov

20

Case 2:11-cv-02157-KDE-DEK Document 5 Filed 09/02/11 Page 21 of 27 For Betty Bouchon: __s/ Betty Bouchon______ Betty Bouchon __s/ Michael G. Gaffney___ Michael G. Gaffney Hurndon & Gaffney, A Law Corporation 631 St. Charles Avenue New Orleans, Louisiana 70130
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Case 2:11-cv-02157-KDE-DEK Document 5 Filed 09/02/11 Page 22 of 27
For the Bouchon Limited Family Partnership: __s/ Betty Bouchon______ Betty Bouchon Bouchon Limited Family Partnership __s/ Michael G. Gaffney___ Michael G. Gaffney Hurndon & Gaffney, A Law Corporation 631 St. Charles Avenue New Orleans, Louisiana 70130
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Case 2:11-cv-02157-KDE-DEK Document 5 Filed 09/02/11 Page 23 of 27
For the Sapphire Corporation: __s/ Betty Bouchon______ Betty Bouchon Sapphire Corporation __s/ Michael G. Gaffney___ Michael G. Gaffney Hurndon & Gaffney, A Law Corporation 631 St. Charles Avenue New Orleans, Louisiana 70130
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Case 2:11-cv-02157-KDE-DEK Document 5 Filed 09/02/11 Page 24 of 27 APPENDIX A
1. 4919 Canal Street, New Orleans, Louisiana
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Case 2:11-cv-02157-KDE-DEK Document 5 Filed 09/02/11 Page 25 of 27
APPENDIX B NONDISCRIMINATION POLICY
It is the policy of the Bouchon Limited Family Partnership and the Sapphire Corporation to comply with Title VIII of the Civil Rights Act of 1968, as amended, commonly known as the Fair Housing Act, by ensuring that apartments are available to all persons without regard to race, color, religion, national origin, disability, familial status, or sex. This policy means that, among other things, the Bouchon Limited Family Partnership and the Sapphire Corporation 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 race 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 of race, color, religion, national origin, disability, familial status, or sex;
B. Discriminate against any person in the terms, conditions or privileges of rental of a dwelling, or in the provision of services or facilities in connection therewith, because of race, color, religion, national origin, disability, familial status, or sex;
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, familial status, or sex; or
D. Represent to persons because of race, color, religion, national origin, disability, familial status, or sex 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 of race, color, religion, national origin, disability, familial status, or sex may constitute a violation of state and federal fair housing laws. Any tenant or applicant who believes that any of the above policies have been violated by any owner, agent, or employee may 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.
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Case 2:11-cv-02157-KDE-DEK Document 5 Filed 09/02/11 Page 26 of 27

APPENDIX C

ACKNOWLEDGMENT OF RECEIPT OF CONSENT ORDER

I acknowledge that on

, 20 , I was provided copies of the

Consent Order entered by the Court in United States v Betty Bouchon, et. al, Civil Action No.

__________ (E.D. La.), and the Nondiscrimination Policy adopted by the Defendants pursuant

thereto. 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/Position

_________________________________ Date

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Case 2:11-cv-02157-KDE-DEK Document 5 Filed 09/02/11 Page 27 of 27

APPENDIX D

EMPLOYEE TRAINING ACKNOWLEDGMENT

I acknowledge that on

, 20 , I received ________

minutes of in-person training on the requirements of the Fair Housing Act.

_________________________________ Signature
_________________________________ Print Name

_________________________________

Job

Title/Position

_________________________________ Date

27

 
 Case: 2:11-cv-2157 As of: 01/01/2012 09:04 PM CST 1 of 2
CLOSED, STAYED
U. S. District Court Eastern District of Louisiana (New Orleans) CIVIL DOCKET FOR CASE #: 2:11−cv−02157−KDE−DEK

United States of America v. Bouchon et al Assigned to: Judge Kurt D. Engelhardt Referred to: Magistrate Judge Daniel E. Knowles, III Cause: 42:3601 Fair Housing Act
Plaintiff

Date Filed: 08/29/2011 Date Terminated: 09/07/2011 Jury Demand: None Nature of Suit: 443 Civil Rights: Accommodations Jurisdiction: U.S. Government Plaintiff

United States of America

represented by Sean R. Keveney U. S. Department of Justice (Civil Rights Division) Housing and Civil Enforcement Section 950 Pennsylvania Ave., NW Washington, DC 20530 202−514−4838 Fax: 202−514−1116 Email: sean.r.keveney@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Sandra Ema Gutierrez U. S. Attorney's Office (New Orleans) 650 Poydras St. Suite 1600 New Orleans, LA 70130 504−680−3000 Email: Sandra.Gutierrez@usdoj.gov ATTORNEY TO BE NOTICED

Steven H. Rosenbaum U. S. Department of Justice P. O. Box 66128 Washington, DC 20035−6128 202−305−1238 ATTORNEY TO BE NOTICED

Thomas E. Perez U. S. Department of Justice Criminal, Civil Rights Division 10th &Penn. Ave., N. W. P. O. Box 66018 Washington, DC 20035−6018 (202) 514−4138 ATTORNEY TO BE NOTICED

V. Defendant Betty Bouchon
Defendant Bouchon Limited Family Partnership
Defendant Sapphire Corporation

Case: 2:11-cv-2157 As of: 01/01/2012 09:04 PM CST 2 of 2

Date Filed 08/29/2011
08/29/2011 08/30/2011 08/31/2011 09/02/2011 09/07/2011

# Docket Text
1 COMPLAINT against Betty Bouchon, Bouchon Limited Family Partnership, Sapphire Corporation (Filed on behalf of USA − Filing Fee not required) filed by United States of America. (Attachments: # 1 Civil Cover Sheet)(Gutierrez, Sandra) Modified on 8/31/2011 to edit text (cab). (Entered: 08/29/2011)
2 ***DEFICIENT*** SETTLEMENT AGREEMENT by United States (Keveney, Sean) Modified on 8/31/2011 (cab). (Entered: 08/29/2011)
3 Initial Case Assignment to Judge Kurt D. Engelhardt and Magistrate Judge Daniel E. Knowles, III. (cl, ) (Entered: 08/30/2011)
4 EXPARTE/CONSENT MOTION to Approve Consent Judgment by United States of America. (Attachments: # 1 Proposed Order)(Keveney, Sean) (Entered: 08/31/2011)
5 ORDER granting 4 Motion to Approve Consent Judgment as stated within document. Signed by Judge Kurt D. Engelhardt on 9/2/2011. (cab) (Entered: 09/02/2011)
6 ORDER − IT IS ORDERED that the Clerk of Court mark this action CLOSED for statistical purposes, and IT IS FURTHER ORDERED that the Court shall retain jurisdiction and that the case shall be restored to the trial docket upon motion of a party if circumstances change. This order shall not prejudice the rights of the parties to this litigation as stated within document. Signed by Judge Kurt D. Engelhardt on 9/7/2011.(cab) (Entered: 09/07/2011)

 
 9/4/12

US Justice: Print Friendly Version

HOJJ » rie:fing Roo1 » Justice News

JUSTICE NEWS
Department of Justice

FOR IMMEDIATE RELEASE

Office of Public Affairs

Monday, August 29, 2011

Justice Department Obtains $7o,ooo Settlement in Housing Discrimination Lawsuit Against New Orleans Landlords
WASHINGTON -The Justice Department announced today that New Orleans landlords Betty Bouchon, the Bouchon Limited Family Partnership and Sapphire Corp., have agreed to pay $70,000 in damages and civil penalties to settle a lawsuit alleging they unlawfully denied housing to African-American prospective renters at a 16-unit apartment building located in New Orleans. The settlement must still be approved by the U.S. District Court for the Eastern District ofLouisiana.

"In these challenging economic times, it is more important than ever that all Americans be able to rent or buy housing they can afford, and not face discrimination because ofthe color oftheir skin," said Thomas E. Perez, Assistant Attorney General for Civil Rights. ''This settlement demonstrates the Department's commitment to ensuring equal housing opportunityfor persons in the city ofNew Orleans and throughout the United States."

"The right ofall ofour citizens to enjoyfair and equal access to housing opportunities is guaranteed by our laws," said U.S. Attorneyfor the Eastern District of Louisiana Jim Letten. "The U.S. Department ofJustice is committed to fiercely protecting those rights in order to insure the quality oflife all Americans deserve. I am once again grateful to AssistantAttorney General Tom Perez and the Civil Rights Division for their partnership in this and other critical endeavors in defending these precious civil rights."

The settlement would resolve a lawsuit filed today by the department alleging that the defendants discriminated against African-Americans seeking housing at the apartmentbuilding in violation ofthe federal Fair Housing Act The allegations are based on fair-housing testing conductedbythe Greater New Orleans Fair Housing Action Center (GNOFHAC). The lawsuit alleges that the building manager, Betty Bouchon, failed to return phone calls from African-American testers while returning phone calls from white testers, made statements to white testers indicating that she would not rent to African-Americans, and falsely told an African-American tester than an apartment was not available for rent when in fact itwas available.

Under the terms of the settlement, the defendants will pay $so,ooo to GNOFHAC and a total of $2o,ooo in civil penalties to the United States. The settlement also requires the defendants to adopt non-discriminatorypolicies and procedures, keep detailed records ofinquiries from prospective tenants and of rental transactions, and submit periodic reports over the four year tenn of the settlement GNOFHAC filed a separate lawsuit, which is pending in the U.S. District Court for the Eastern District of Louisiana.

Fighting illegal housing discrimination is a top priority ofthe Justice Department The federal Fair Housing Act prohibits discrimination in housing based on race, color, religion, national origin, sex, disability and familial status.

More information about the Civil Rights Division and the laws it enforces is available at Individuals who believe that they mayhave been victims ofhousing discrimination should call the Housing Discrimination Tip Line at 1-800-896-7743, mailbox number 9998 or e-mail the Justice Department at
. Individuals who believe they mayhave been victims ofhousing discrimination may also contact HUD at 1-Boo-669-9777. Further information about the Fair Housing Actis available at
or at

11-1109

Civil Rights Division

www.justice.gov/printf/Print0ut2.jsp

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