PREET BHARARA United States Attorney Southern District of New York By: DAVID S. JONES
DANIELP. FILaR Assistant United States Attorneys 86 Chambers Street, 3rd Floor New York, New York 10007 Tel. No. (212) 637-2739 (Jones) Tel. No. (212) 637-2726 (Filor) DavidJones6@usdoj.gov Daniel.Filor@usdoj.gov

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ----------------------------------------------------------------- )( UNITED STATES OF AMERICA,
Plaintiff,
-against-
PEARL RIVER GARDENS, LLC,

COMPLAINT
'(#)Civ. - - -
ECF Case

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 a residential apartment comple)( in Rockland County, New

York ("Pearl River Apartments"), 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 Rockland County, New York, in the Southern District ofNew York, and concern or otherwise relate to real property located therein.
The Property 4. Upon information and belief, defendant Pearl River Gardens, LLC ("Pearl River") owns and/or operates a residential apartment complex ("Pearl River Apartments") located at 95103 North Middletown Road in Pearl River, New York. Pearl River is incorporated under the laws ofNew York. 5. The rental units of Pearl River Apartments are "dwellings" within the meaning of 42 U.S.C. § 3602(b).
Factual Allegations 6. Since at least March 2007, defendant has been engaged in racially discriminatory housing practices at Pearl River 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;
2

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. Plaintiffre-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 ofthis 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)(1)(A); 3. Awards monetary damages, pursuant to 42 U.S.C. §§ 3613(c)(1), and 3614(d)(l)(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)(l)(C), to vindicate the public interest; and 5. Grants such further relief as the interests ofjustice may require.
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Dated

a, 200'T

! ~ / 10 aoll -:Dr.

ERIC H. HOLDER, JR. Attorney General ofthe United States
~SE.~~REZ~
Assistant Attorney General Civil Rights Division
PREET BHARARA United States Attorney
DAVID S. JONES DANlEL P. FILaR Assistant United States Attorneys Southern District ofNew York 86 Chambers Street, 3rd Floor New York, New York 10007 Tel: (212) 637-2726 Fax: (212) 637-2717 Danie1.FiIor@usdoj.gov

5

 
 Case 7:11-cv-01655-VB Document 4 Filed 06/16/11 Page 1 of 16
, 


UNITED STATES DISTRlCT COURT SOUTHERN DISTRICT OF NEW YORK ~~-----------~--------------------_.--------------------- -----~-- x UNITED STATES OF AMERICA,

~against.

Plaintiff,

PEARL RIVER GARDENS, LLC,

CONSENT DECREE
f3) 11 Civ. 1655 (1/
ECF Case

Defendant. x -----.-----------------~----------------------------------~------

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 Pearl River Gardens Apartments ("Pearl River Gardens" or

the "Subject Property") in Pearl River, New York;

WHEREAS the United States alleges that Defendant Pearl River Gardens, LLC ("Pearl

River" 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 Pearl River Gardens Apartments;

WHEREAS in its Complaint filed on March 1.0,20 II, the United States alleges that, on

multiple occasions, Defendant has discriminated on the basis of race or color by providing false

information about the availability of rental dwellings to African-Americans, refusing to negotiate

with African-Americans for the rental of dwellings, and refusing to rent avai lable dwellings to

African-Americans, while negotiating with whites for the rental of dwellings;

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 of race or color, in violation of 42 U.S.C. § 3604(a);'J

Case 7:11-cv-01655-VB Document 4 Filed 06/16/11 Page 2 of 16
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); 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 to liability under the Fair Housing Act and consents to the entry of this Consent Decree; and
WHEREAS the United States and Defendant have agreed that to avoid protracted and costly litigation, this controversy should be resolved without a trial; ACCORDINGLY, it is hereby ADJUDGED, ORDERED and DECREED:
I. JURISDICTION I. 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 five years after the effective date of the Consent Decree, as defined in paragraph 27. 2. The Court may extend the term of the Consent Decree upon consent of the parties, or upon an application of the United States for good cause shown.
II. GENERAL INJUNCTION 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 forthe rental ofa dwelling, or otherwise
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Case 7:11-cv-01655-VB Document 4 Filed 06/16/11 Page 3 of 16
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 of race or color; c. Representing to persons because of race or color that any dwelling is not available for inspection or rental 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 of race or color; e. Offering to reduce rents, fees or other costs to white persons but not African­ American persons because of race or color; and f. Discouraging African-American persons from applying for an apartment while encouraging white persons to apply.
III. NONDISCRIMINATION POLICY 4. Upon entry of this consent decree, Defendant shall implement the Nondiscrimination Policy appearing at Appendix A at the Subject Property. 5. Within fifteen (\5) days ofthe 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.
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Case 7:11-cv-01655-VB Document 4 Filed 06/16/11 Page 4 of 16
IV. NOTICE TO PUBLIC OF NONDISCRIMINATION POLICY 6. Within fifteen (15) days of the entry of the 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 (l0) 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 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 the fair housing logo. Such slogan and logo shall be prominently displayed and easily readable. c. Include the words "Equal Housing Opportunity" and 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 requi rement 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 logo shall be prominently placed and easily readable. d. Include the following phrase in the standard rental application and the standard
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Case 7:11-cv-01655-VB Document 4 Filed 06/16/11 Page 5 of 16
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 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 of the entry of this 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 from each such 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.
8. During the term 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 shall provide a copy of this 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.
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Case 7:11-cv-01655-VB Document 4 Filed 06/16/11 Page 6 of 16
9. Within ninety (90) days from 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;
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. II. Ali managers must receive the fair housing training, described in Paragraphs 9 and 10, within 90 days of entry of this Consent Decree or within 30 days of beginning their work as manager(s), whichever shall occur later. VI. NONDISCRIMINATORY STANDARDS AND PROCEDURES FOR SHOWING
AVAILABLE DWELLING UNITS 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 of their implementation and shall be consistent with the provisions of this 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
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Case 7:11-cv-01655-VB Document 4 Filed 06/16/11 Page 7 of 16

there is rental activity and/or personal contact with applicants. Defendant 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 standards 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 at a minimum the use of the following documents, which Defendant shall

update as new information becomes 'available, and retain for the duration of the Consent Decree:

a. Ouest Cards: Defendant shall ensure that, for all prospective tenants who inquire

in person about dwelling units, a Ouest Card is completed, either by the

prospective tenant and/or the Defendant, 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

Defendant or its 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, an

explanation why not; and

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

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Case 7:11-cv-01655-VB Document 4 Filed 06/16/11 Page 8 of 16
b. Availability List: Defendant shall ensure that it maintains and timely updates an Availability List that includes the addresses and unit numbers, and unit sizes, 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 infonnation 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 unifonn standards for selecting individuals from the list, whether fonnally or infonnally maintained. VII. 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.
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Case 7:11-cv-01655-VB Document 4 Filed 06/16/11 Page 9 of 16
VIII. REPORTING AND 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:'
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 J2;
b. Proof of notification of the nondiscrimination policy described in paragraphs 7 and 8, including executed copies of the Employee Acknowledgment forms, appearing at Appendix B, and a list of the names and addresses for all tenants to whom the policy was provided, pursuant to paragraph 5; and
c. Any written or oral complaint against Defendant or any of Defendant's agents or employees, regarding discrimination in housing. If the complaint is written, Defendant 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. Defendant shall also promptly provide the United States all information it may request concerning any such complaint and shall inform the United States within fifteen (15) days of the substance of any resolution of such complaint.
I All documents or other communications required by this Consent Decree to be sent to counsel for the United States shall be sent by overnight delivery service addressed as follows: Chief, 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 7:11-cv-01655-VB Document 4 Filed 06/16/11 Page 10 of 16

16. Within ninety (90) days of the date of entry of this Consent Decree, and every six
(6) months thereafter for the duration of this Consent Decree, 2 Defendant shall deliver to counsel
\
for the United States a report containing information about its compliance efforts during the

preceding reporting period, including but not limited to:

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

appearing at Appendix C;

b. Notification and documentation of the 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

information recorded by any means related to any inquiries regarding the

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

Decree;

f.

A Iist of all rental properties in which Defendant or its 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

g.

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

2 Except that Defendant shall deliver to counsel for the United States the final report no later 
 than 60 days before the expiration of this Consent Decree. 

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Case 7:11-cv-01655-VB Document 4 Filed 06/16/11 Page 11 of 16
the members of Pearl River Gardens L.L.C. of an ownership or management interest in any rental property which is used or intended to be used as a dwelling defined by 42 U.S.C. § 3602(b), and any sale, transfer, or other disposition of any interest in rental properties, including the identity of the 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 of the information 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 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, Defendant shall provide copies of such documents.
IX. COMPENSATION OF AGGRIEVED PERSONS 18. Nothing in this Consent Decree shall bar any action by any aggrieved person against Defendant, its agents, or employees.
X. CIVIL PENALTY 19. Defendant hereby consents to the entry ofjudgment against it in the amount of $55,000 (the "Penalty Judgment"). This Penalty Judgment shall be satisfied by the payment of $1,100 within twenty (20) days after the entry of this Consent Decree, and an additional payment of $1, I00 on the anniversary of the effective date of this Consent Decree. for four years, for a total payment of$5,500 (the "Satisfaction Amount"). Defendant shall pay the Satisfaction Amount to the United States as a civil penalty, pursuant to 42 U.S.C. § 36 I4(d)(I)(C). These payments shall be delivered to counsel for the United States in the form of a cashier's check
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Case 7:11-cv-01655-VB Document 4 Filed 06/16/11 Page 12 of 16
payable to the "United States Treasury." Upon payment of the Satisfaction Amount, the United States shall deliver an acknowledgment to Defendant within 5 business days.
20. Defendant and Defendant's owner Frank Kapiti ("Kapiti") have both provided financial disclosure statements and other financial information ("Financial Statements") to the United States, and the United States has relied on the accuracy and completeness of those Financial Statements in entering into this Consent Decree, particularly paragraphs 18 through 23. Defendant and Kapiti warrant that the Financial Statements are thorough, accurate, and complete. Defendant and Kapiti further warrant that they do not own or have an interest in any asset(s) that has not been disclosed in the Financial Statements, and that they have made no misrepresentations on, or in connection with, the Financial Statements. In the event the United States learns of: (a) asset(s) in which Defendant or Kapiti has an interest at the time of this Agreement that would change the estimated net worth of Defendant or Kapiti set forth in the Financial Statements by ten thousand dollars ($10,000) or more, and which was not disclosed in the Financial Statements; or (b) a misrepresentation by Defendant or Kapiti on, or in connection with, the Financial Statements, and in the event such non-disclosure or misrepresentation changes the estimated net worth of any Defendant or Kapiti as set forth on the Financial Statements by ten thousand dollars ($\0,000) or more; the United States may at its option: (i) rescind this Agreement and reinstate its Complaint; or (ii) let the Consent Decree stand and collect the full $55,000 civil penalty, to which will automatically be added two hundred percent (200%) of the value of the net worth of such individual or entity as previously undisclosed or concealed or dissipated, if such latter amount(s) can be determined. This additional amount, however, shall not exceed $100,000. To the extent that the United States discovers the occurrence of an event(s) encompassed by subparts (a) through (b) of this Paragraph, Defendant
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Case 7:11-cv-01655-VB Document 4 Filed 06/16/11 Page 13 of 16
agrees not to contest any collection action undertaken by the United States pursuant to this provision.
21. In the event that the United States, pursuant to paragraph 20, opts to rescind this Consent Decree, Defendant expressly agrees not to plead, argue or otherwise raise any defenses under the theories of statute of limitations, laches, estoppel or similar theories, to any civil or administrative claims which: (a) are reinstated or flied by the United States within thirty (30) calendar days of written notification to Defendant that this Consent Decree has been rescinded; and (b) relate to the allegations of the Complaint.
22. In the event that Defendant engages in any future violation(s) of the Fair Housing Act, such violation(s) shall constitute a "subsequent violation" as to Defendant pursuant to 42 U.S.C. § 3614(d).
XI. ACQUISITION OR TRANSFER OF INTEREST IN RENTAL PROPERTIES 23. 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 arms-length transaction, 3 Defendant shall take the following steps:
a. At least thirty (30) days prior to completion of the sale or transfer, provide each prospective purchaser or other transferee a copy of this Consent Decree along with written notice that the subject property remains subject to Sections II-VIII and Xl-XV of the 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 sel! or otherwise transfer
3 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 economic interests regarding that transaction.
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Case 7:11-cv-01655-VB Document 4 Filed 06/16/11 Page 14 of 16
Defendant's interest in the property, along with a copy of the notice sent to each prospective purchaser or transferee, containing the latter's name, address and telephone number; c. Within thirty (30) days following completion of the sale or other transfer, Defendant shaH provide the United States a copy of the documents memorializing the transfer in interest of the property; and d. Defendant shall require the transferee, as a condition of the sale or other transfer, to agree in writing to perform all obligations and be liable for compliance with Sections II-VIII and XI-XV of this Consent Decree for the duration of the Decree, with respect to the property. 24. If Defendant complies with Paragraph 23a-d, and transfers all of Defendant's ownership, management, and other financial interest in the Subject Property to an arms-length purchaser or other transferee, then Defendant shal.1 thereafter be relieved of further obligations under this Consent Decree with regard to the Subject Property.
25. lfthe proposed transfer of interest is not an arms-length transaction, the
Defendant must comply with the requirements of Paragraph 23a-d. In addition, Defendant shall . remain jointly and severally liable, along with the purchaser or other transferee, for any
violations of Sections II-VIII and XI-XII of this Decree for its duration. XII. SCOPE AND DURATION OF CONSENT DECREE
26. The provisions of this Consent Decree shall apply to all of Defendant's officers, agents, employees, successors and assigns, and aU persons acting in active concert or participation with them.
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Case 7:11-cv-01655-VB Document 4 Filed 06/16/11 Page 15 of 16
27. This Consent Decree shall remain in effect for five (5) years after the date of its entry.
28. The Court shall retain jurisdiction for the duration of this Consent Decree 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 Decree in the interests of justice.
XIII. REMEDIES FOR NON-COMPLIANCE 29. 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 orderrequiringperformanceofsuch 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.
XIV. TIME FOR PERFORMANCE 30. Any time limits for performance imposed by this Decree may be extended by mutual written agreement of the parties. The other provisions of this Decree 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 Decree or until such time as the Court indicates through written order that it has not approved the modification.
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Case 7:11-cv-01655-VB Document 4 Filed 06/16/11 Page 16 of 16

XV. COSTS OF LITIGATION 3l. Each party to this litigation will bear its own costs and attorneys' fees associated with this litigation.

Dated: New York, New York ~--,2011
" 1'\ "{ Ii
Dated: New City, New York April_, 2011

PREET BHARARA United States Attorney Attorney for the United States of America
By: ~~ '-P~h
DAVlD S. JONES DANIEL P. FILOR Assistant United States Attorneys 86 Chambers Street, 3rd Floor New York, New York to007 Tel. No. (212) 637-2726 Fax No. (212) 637-2717 Danie1.Filor@usdoj.gov
Pearl River Gardens, LLC:
~~~ Managing Member Pearl River Gardens 101 North Middletown Road Pearl River, New York 10965 Phone: (917) 597-8092

,201 I.

16

 
 Case: 7:11-cv-1655 As of: 11/11/2017 07:05 PM EST 1 of 2
U.S. District Court Southern District of New York (White Plains) CIVIL DOCKET FOR CASE #: 7:11−cv−01655−VB

CLOSED,ECF

United States Of America v. Pearl River Gardens, LLC Assigned to: Judge Vincent L. Briccetti Cause: 42:405 Fair Housing Act
Plaintiff

Date Filed: 03/10/2011 Date Terminated: 06/16/2011 Jury Demand: None Nature of Suit: 443 Civil Rights: Accommodations Jurisdiction: Federal Question

United States Of America

represented by David Stuart Jones U.S. Attorney's Office, SDNY (86 Chambers St.) 86 Chambers Street New York, NY 10007 212−637−2200 Fax: 212−637−2686 Email: david.jones6@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

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 Pearl River Gardens, LLC

Date Filed 03/01/2011 03/10/2011 03/10/2011 03/10/2011 03/10/2011
05/09/2011 06/16/2011

# Docket Text
Case Designated ECF. (jma) (Entered: 03/14/2011)
1 COMPLAINT against Pearl River Gardens, LLC. Document filed by United States Of America.(jma) (Entered: 03/14/2011)
SUMMONS ISSUED as to Pearl River Gardens, LLC. (jma) (Entered: 03/14/2011)
Magistrate Judge Lisa M. Smith is so designated. (jma) (Entered: 03/14/2011)
2 ORDER This case has been assigned to J. Frederick Motz. Judge Motz is a District Judge in District of Maryland, sitting by designation in the White Plains Division of the Southern District of New York, for the purpose of managing cases that would have been assigned to Judge Stephen Robinson until Judge Robinson until Judge Robinsons successor is appointed. (Signed by Judge J. Frederick Motz on 3/10/2011) (jma) (Entered: 03/14/2011)
3 NOTICE OF CASE REASSIGNMENT to Judge Vincent L. Briccetti. Judge J. Frederick Motz is no longer assigned to the case. (laq) (Entered: 05/09/2011)
4 CONSENT DECREE: ACCORDINGLY, it is hereby ADJUDGED, ORDERED and DECREED: 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

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terms of the Consent Decree for five years after the effective date of the Consent Decree. Within fifteen (15) days of the entry of the Consent Decree, Defendant shall take the following steps to notify the public of its Nondiscrimination Policy. Defendant hereby consents to the entry of judgment against it in the amount of $55,000. Each party to this litigation will bear its own costs and attorneys' fees associated with this litigation. (Signed by Judge Vincent L. Briccetti on 6/15/2011) (mml) (Entered: 06/16/2011)
5 LETTER MOTION for Extension of Time extending expiration of consent decree from June 16, 2016, to September 30, 2016, to permit time to obtain documents and assess defendant's compliance addressed to Judge Vincent L. Briccetti from David S. Jones dated June 14, 2016. Document filed by United States Of America. (Attachments: # 1 Exhibit Consent Decree docketed June 16, 2011)(Jones, David) (Entered: 06/14/2016)
6 ORDER granting 5 Letter Motion for Extension of Time: the termination date of the Consent Decree is extended to 9/30/2016, and the Court retains jurisdiction until that date. The government is directed to serve this order on defense counsel and file proof of service on the docket. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (Briccetti, Vincent) (Entered: 06/15/2016)
7 CERTIFICATE of Counsel by David Stuart Jones on behalf of United States Of America. Re: 6 Order on Motion for Extension of Time,. certifying service of notice of 6.15.2016 scheduling order on defendant's counsel (Jones, David) (Entered: 06/16/2016)
8 LETTER addressed to Judge Vincent L. Briccetti from David S. Jones dated 8/15/2016 re: government's intention not to seek further relief in case, and to allow consent decree to expire as scheduled on September 30, 2016. Document filed by United States Of America.(Jones, David) (Entered: 08/15/2016)