Case: 3:11-cv-00738 Document #: 1 Filed: 10/28/11 Page 1 of 6

IN THE UNITED STATES DISTRICT COURT


FOR THE WESTERN DISTRICT OF WISCONSIN


UNITED STATES OF AMERICA, Plaintiff,
v. DOVENBERG INVESTMENTS, LLC, and DARLENE DOVENBERG,
Defendants.

) ) ) ) ) ) Case No. 11-cv-738 ) ) ) ) ) )

COMPLAINT

The United States of America, by John W. Vaudreuil, United States Attorney for the Western District of Wisconsin, by Assistant United States Attorney Barbara L. Oswald, alleges as follows:
NATURE OF ACTION 1. This action is brought by the United States of America on behalf of Linda K. Short and her minor child to enforce Sections 804(a) and 804(c) of 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. §§ 3601-3631.
JURISDICTION AND VENUE 2. This Court has jurisdiction over this action pursuant to 28 U.S.C. §§ 1331 and 1345 and 42 U.S.C. § 3612(o). Venue is proper in this judicial district pursuant to 28 U.S.C. § 1391(b) and 42 U.S.C. § 3612(o), as defendants are located in this judicial district and the events or omissions giving rise to the claim occurred in this judicial district.

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PARTIES 3. At all relevant times, Defendant Dovenberg Investments, LLC, was the owner of the property located at N2268 County Road I, Bangor, La Crosse County, Wisconsin 54614 (“subject property”). The subject property is a two-bedroom, modular single family house located on a cattle farm. Dovenberg Investments, LLC offers the subject property for rent. The property is a dwelling within the meaning of the Fair Housing Act, 42 U.S.C. § 3602(b). 4. Dovenberg Investments, LLC is a limited liability corporation with its principal place of business at N4771 Dovenberg Road, West Salem, Wisconsin, 54669. 5. At all relevant times, Defendant Darlene Dovenberg was a principal of and had an ownership interest in Dovenberg Investments, LLC. Mrs. Dovenberg manages the rental of the subject property.
FACTUAL ALLEGATIONS 6. On or about October 12, 2010, Linda Short saw an advertisement for the subject property on the Internet website craigslist.org. The advertisement read, “2br – Secluded Country Home (Irish Coulee/Barre Mills). . . New 2 bedroom modular country home for rent 15 miles from La Crosse. Secluded country setting with a creek in the backyard. $695/month. Call 608-786-1826 or 608-792-6165.” The posting date of the advertisement is also listed as October 12, 2010. 7. On or about October 16, 2010, Ms. Short called the number listed in the craigslist advertisement to inquire about renting the subject property. Her call was
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Case: 3:11-cv-00738 Document #: 1 Filed: 10/28/11 Page 3 of 6
answered by Defendant Darlene Dovenberg. Defendant Dovenberg asked Ms. Short the number of people in her family who would be residing at the subject property, to which Ms. Short responded that it would just be herself and her child. Defendant Dovenberg replied that she could not rent to Ms. Short because Ms. Short did not have a man “to shovel the snow and stuff,” or similar words to that effect, after which Defendant Dovenberg abruptly terminated the telephone call.
8. In or around October 2010, Defendants rented the subject property to two young male tenants.
9. During an investigation conducted by the United States Department of Housing and Urban Development (HUD) described below, Defendant Dovenberg made statements indicating that she did not want to rent to Ms. Short because she was a single mother of a young child.
HUD ADMINISTRATIVE PROCESS 10. On or about December 3, 2010 , Ms. Short timely filed a verified complaint with HUD, alleging discrimination on the basis of sex and familial status. 11. Pursuant to 42 U.S.C. § 3610(a) and (b), the Secretary of HUD conducted and completed an investigation of the complaint, attempted conciliation without success, and prepared a final investigative report. Based upon the information gathered in the investigation, the Secretary, pursuant to 42 U.S.C. § 3610(g)(1), determined that reasonable cause existed to believe that illegal discriminatory housing practices had occurred because of sex and familial status. As a result, on September 2, 2011, the
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Secretary issued a Charge of Discrimination, pursuant to 42 U.S.C. § 3610(g)(2)(A), charging that Defendants had engaged in discriminatory practices, in violation of 42 U.S.C. § 3604(a) and (c).
12. On September 14, 2011, Ms. Short elected to have the claims asserted in HUD’s Charge of Discrimination decided in a civil action pursuant to 42 U.S.C. § 3612(a).
13. On September 14, 2011, an Administrative Law Judge issued a Notice of Election to Proceed in United States Federal District Court and terminated the administrative proceedings on the complaint filed with HUD by Ms. Short.
14. Following this Notice of Election, the Secretary of HUD authorized the Attorney General to commence a civil action, pursuant to 42 U.S.C. § 3612(o).
FAIR HOUSING ACT VIOLATIONS 15. Plaintiff re-alleges and incorporates by reference the allegations set forth in paragraphs 1 through 14, above. 16. By the actions and statements set forth above, Defendants have: a. Refused to rent, refused to negotiate for the rental of, or otherwise made
unavailable or denied a dwelling to a person on the basis of sex, in violation of Section 804(a) of the Fair Housing Act, 42 U.S.C. § 3604(a); and b. Made statements with respect to the rental of a dwelling indicating a preference, limitation, or discrimination based on sex, and an intention to make such a preference, limitation, or discrimination based on sex, in
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violation of Section 804(c) of the Fair Housing Act, 42 U.S.C. § 3604(c). 17. Ms. Short and her minor child are “aggrieved persons” within the meaning of 42 U.S.C. § 3602(i). 18. As a result of Defendants’ discriminatory conduct, Ms. Short and her child have suffered damages. 19. Defendants’ discriminatory actions and statements as set forth above were intentional, willful, and taken in disregard of the federally-protected rights of Ms. Short and her child.
RELIEF REQUESTED WHEREFORE, the United States of America requests the following relief: a. A declaration that the discriminatory conduct of Defendants, as set forth
above, violates the Fair Housing Act, as amended, 42 U.S.C. §§ 3601-3631. b. An injunction against Defendants and their officers, their agents,
employees, and successors, and all other persons in active concert or participation with any of them, from: i. discriminating on the basis of sex or familial status in violation of
the Fair Housing Act, in violation of the Fair Housing Act, as amended, 42 U.S.C. §§ 3601-3631; ii. failing or refusing to take such affirmative steps as may be necessary to prevent the recurrence of any discriminatory conduct in the future and to eliminate, to the extent practicable, the effects of their unlawful practices; and
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iii. failing or refusing to take such affirmative steps as may be necessary to restore, as nearly as practicable, Ms. Short and her minor child to the position they would have been in but for the discriminatory conduct.
c. An award of monetary damages to Ms. Short and her child, pursuant to 42 U.S.C. §§ 3612(o)(3) and 3613(c)(1).
d. The United States further requests such additional relief as the interests of justice may require.
Dated this 28th day of October, 2011. Respectfully submitted, JOHN W. VAUDREUIL United States Attorney By: s/ Barbara L. Oswald BARBARA L. OSWALD Assistant United States Attorney P.O. Box 1585 Madison, Wisconsin 53701-1585 (608) 264-5158 TTY (608) 264-5006
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 Case: 3:11-cv-00738-wmc Document #: 5 Filed: 11/17/11 Page 1 of 7

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WISCONSIN

UNITED STATES OF AMERICA, Plaintiff,
v. DOVENBERG INVESMENTS, LLC, and DARLENE DOVENBERG,
Defendants.

) ) )
) ) ) Case No. ll-cv-738
) ) )
) ) )

CONSENT DECREE

1. The United States filed this action to enforce the provisions of Title VIII of the Civil Rights Act of 1968 (the "Fair Housing Act"), as amended by the Fair Housing
Amendments Act of 1988,42 U.S.c. § 3601, et seq. Specifically, the United States filed
the action against Defendants on behalf of Linda Short and her minor child, pursuant to section 812(0) of the Fair Housing Act, as amended by 42 U.S.c. § 3612(0).
2. Defendant Dovenberg Investments, LLC is the owner of the property located at N2268 County Road I, Bangor, La Crosse County, Wisconsin 54614 ("subject property"). The subject property is a two-bedroom, modular single family house. Dovenberg Investments, LLC offers the subject property for rent. Dovenberg Investments, LLC is a limited liability corporation with its principal place of business at N4771 Dovenberg Road, West Salem, Wisconsin. Defendant Darlene Dovenberg is a principal of and has an ownership interest in Dovenberg Investments, LLC. Ms. Dovenberg manages the rental of the subject property.

Case: 3:11-cv-00738-wmc Document #: 5 Filed: 11/17/11 Page 2 of 7
3. Defendants admit the following facts: On or about October 16, 2010, Ms. Short called Defendant Darlene Dovenberg to inquire about the subject property. Defendant Dovenberg asked Ms. Short how many people were in her family and Ms. Short told her that she was a single mom. Defendant Dovenberg told Ms. Short that she could not rent to Ms. Short because Ms. Short did not have a man lito shovel the snow and stuff/' or similar words to that effect,.
4. Defendants admit that the conduct described above violated sections 804(a) and (c) of the Fair Housing Act 42 U.s.c. § 3604(a) and (c).
5. The parties have agreed that in order to avoid costly and protracted litigation, this controversy should be resolved without a trial. Accordingly, the parties consent to the entry of this Decree, as indicated by the signatures appearing below.
I. GENERAL INJUNCTION 6. Defendants, their officers, agents, employees, and all persons in active concert or participation with them are enjoined, with respect to the rental of any dwellings as defined by 42 U.s.c. §3602(b), from: a,. Refusing to rent, or to negotiate for the rental of, or otherwise making unavailable or denying, a dwelling to any person because of sex or familial status, in violation of 42 U.S.c. § 3604(a); and b,. Making, or causing to be made, statements with respect to the rental of a dwelling that indicate a preference, limitation, or discrimination based on sex, or an intention to make any such preference, limitation, or discrimination, in
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violation of 42 U.s.c. § 3604(c). II. AFFIRMATIVE RELIEF
7. Defendants shall within 30 days of the entry of this Order include the words "Equal Housing Opportunity" or the fair housing logo in all advertising conducted by Defendants in newspapers, Internet, telephone directories, radio or other media, and on all signs, pamphlets, brochures, and other promotional literature. The words or logo shall be prominently placed and easily legible.
8, Should Defendant utilize any written rental or lease applications, Defendants shall include the following phrase in all rental and lease applications in bold, and using letters of at least equal 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, handicap or familial status (having children under age 18).
III. MA~!!22AATTQQ!!nn''__mm:::):J>LJ~L_~~_I~!IO!~O1~\JN\~PQJJRRAA11NNIIll''[[QQ 9., Within 30 days of the date of entry of this Order, Defendants shall provide a copy of this Order to all their agents and employees involved in the rental or management of dwellings and secure a signed statement from each agent or employee acknowledging that he or she has received and read the Order. This statement shall be substantially in the form of Appendix B, 10, During the term of this Order, within 30 days after the date he or she
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commences an agency or employment relationship with Defendants, each new agent or employee involved in the rental or management of dwellings shall be given a copy of this Order and be required to sign a statement acknowledging that he or she has received and read the Order. This statement shall be substantially in the form of Appendix B.
11. Within 90 days of the date of entry of this Order, Defendant Dovenberg shall undergo training on the provisions of the Fair Housing Act, with particular emphasis on provisions relating to discrimination on the basis of sex and familial status. The training shall be conducted by a qualified third party unconnected to Defendants or their employees, agents, or counsel. Defendants shall provide to the United States, within 30 days after the training, the name(s), address(es) and telephone number(s) of the trainer(s) and certifications executed by the trainers confirming their attendance.
IV. COMPENSAnON OF AND APOLOGY TO AGGRIEVED PERSONS 12. Defendants shall pay to Linda Short and her child the sum of $15,000.00 as aggrieved persons within the meaning of the Fair Housing Act, provided that no amount shall be paid pursuant to this paragraph before Linda Short shall have executed a written release on behalf of herself and her minor child (substantially in the form of Appendix A) of all claims, legal or equitable, that she might have against Defendants relating to the claims asserted in this lawsuit. Defendants shall send the check for this amount made out to Linda Short to Attorney Kara Burgos, with a copy to counsel for the United States, within 15 days after the date of entry of this Order.
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13. Within ten (10) days of the date of entry of this Order, Defendant Darlene Dovenberg shall issue a formal letter of apology to Linda Short and her child, signed by Defendant Darlene Dovenberg, substantially similar in form to the letter attached in Appendix C. Defendant Dovenberg shall mail the letter to Attorney Kara Burgos, with a copy of the signed letter to counsel for the United States.
V. RECORD KEEPING AND REPORTING 14. During the term of this Order, Defendants shall retain all rental records maintained in the normal course of their business(es) - including, bu t not limited to, inquiry logs, rental applications, tenant files, and all records relating to actual or threatened evictions - created from the date of the entry of this Consent Order. Upon request and reasonable notice, Defendants shall produce or permit representatives of the United States to review any such records in the possession or control of Defendants, or their agents, employees, or representatives. 15. During the term of this Order, Defendants shall give counsel for the United States written notice within 15 days of the receipt of any written or oral complaint against Defendants regarding discrimination on the basis of sex, familial status or unlawful retaliation, and a description of the resolution of any such complaint within 15 days of resolution. If the complaint is written, Defendants shall provide a copy of it with the notice; if the complaint is oral, they shall include a written summary of it with the notice. The notice shall include the full details of the complaint, including the complainant's name, address and telephone number. Defendants shall also
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promptly provide the United States all information it may request concerning any such complaint and its actual or attempted resolution,
VI. COURT JURISDICTION, SCOPE, AND TERM OF CONSENT ORDER 16., The Parties have consented to the entry of this Order as indicated by the
signatures below., To this end, the Parties stipulate and the Court finds that this Court has subject matter jurisdiction over this action pursuant to 28 U.ss,.Cc., §§ 1331 and 1345 and 42 U,S,c.' § 3612(0)., This Consent Order is effective immediately upon its entry by the Court.
17., The Court shall retain jurisdiction over this action and over Defendants for three years from the date of entry of this Consent Order to enforce the terms of the Order, after which time the case shall be dismissed with prejudice., The United States may move the Court to extend the duration of the Order if it determines that Defendants have violated one or more terms of the Order or if the interests of justice otherwise require.,
18., The parties to this Consent Order shall endeavor in good faith to resolve informally any differences regarding interpretation of and compliance with this Order prior to bringing such matters to the Court for resolution, However, in the event of a failure by Defendants to perform in a timely manner any act required by this Consent Order or otherwise to act in violation of 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
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performed, and an award of any damages, costs, and reasonable attorneys' fees which

may have been occasioned by the violation or failure to perform.

do So ORDERED this /~th.day of

u eeYYllAAb-be~..-VV'' ,2011.

(

7

The undersigned hereby apply for and consent to the entry of this Order:

1- ~ay Dated this;2

of October, 2011.

For Defendants:

~~L~£~ DARLENE DOVENBERG (J 
 Defendant 
 N4771 Dovenberg Road 
 West Salem, WI 54669 


ubarak, Rad iffe & Berry, 917 Superior Avenue P.O. Box 110 
 Tomah, WI 54460-0110 
 phone: (608) 372-2014 
 fax: (608) 372-2447 

Attorney for Defendants

8 


l~ Dated this

day of October, 2011.

For Plaintiff:
JOHN W. VAUDREUIL United States Attorney
By:

istant United States Attorney P.O. Box 1585 
 Madison, Wisconsin 53701-1585 
 phone: (608) 264-5158 
 fax: (608) 264-5724 
 TTY (608) 264-5006 

Attorneys for Plaintiff

9

+c
Dated thiso(L/ day of October, 2011.
Moen, Sheehan and Mey r, Ltd. 
 201 Main Street, Ste 700 
 P.O. Box 786 
 La Crosse, WI 54602-0786 
 phone: (608) 784-8310 
 fax: (608) 782-6611 
 Attorney for Linda K. Short and her minor child
10 


APPENDIX A
RELEASE
Inconsideration of the agreement by Dovenberg Investments, LLC and Darlene Dovenberg ("Defendants") to enter into the Consent Decree in United States v. Dovenberg Investments, LLC, et al., United States District Court, Western District of Wisconsin, Case No. 11-cv-738, and to pay to me the sum of $15,000.00,
I, Linda K. Short, hereby release, acquit and discharge Defendants, their partners, agents and employees, from any and all liability for any claims and damages, including any attorneys' fees and costs, that I or my minor child may have against Defendants arising from the events alleged in the Complaint of the United States in United States v. Dovenberg Investments, LLC, et al., United States District Court, Western District of Wisconsin, Case No. 11-cv-738.
I fully acknowledge and agree that this Release shall be binding on my heirs, representatives, executors, successors, administrators and assigns. I represent that I have not assigned or otherwise transferred to any person, firm, or other entity not a signatory to this Release any right, claim or cause of action against Defendants.
I hereby acknowledge that I have read and understand this Release and that its consequences have been explained to me by my counsel. I have executed the same voluntarily and with full knowledge of its legal consequences.
11 


K Dated this

day of __O--=c=-+~o::....:lo~.er~----" 2011.

LINDA K. SHORT 


APPENDIXB 
 STATEMENT OF RECEIPT AND UNDERSTANDING 
 OF CONSENT DECREE AND FAIR HOUSING ACT 
 I, _ _ _ _ _ _ _ _ _ _ _ _----', hereby acknowledge that I have received copies of and read the Fair Housing Act, 42 U.S,c. §§ 3601-3619, and the Consent Decree entered by the United States District Court for the Western District of Wisconsin in
I
United States v, Dovenberg Investments, LLC, et al" Case No, 11-cv-738, I understand my obligation under these documents not to discriminate on the
basis of sex or familial status in making dwellings available for sale or for rental. I agree to comply with the Fair Housing Act and the Court's Order, I fully
understand my legal obligations under the Fair Housing Act and the Order, and I am aware that my failure or refusal to adhere to them could result in possible sanctions against me,
Dated this _ _ day of _ _ _ _ _ _ _ _, 2011,
DARLENE DOVENBERG
13 


APPENDIXC LETTER OF APOLOGY TO LINDA SHORT AND HER SON
Dear Ms. Short and son,
Please accept my apology for any inconvenience and distress caused by my refusal to rent the property at N 2268 County Road I, Bangor, Wisconsin, to your family. My actions in refusing to rent to you were wrong. I am committed not to discriminate against women and single mothers in housing in the future. I am also committed to complying with the federal Fair Housing Act's prohibition on discrimination on the basis of sex and familial status.
Sincerely,

 
 Case: 3:11-cv-00738 As of: 12/31/2011 02:27 PM CST 1 of 2
U.S. District Court Western District of Wisconsin (Madison) CIVIL DOCKET FOR CASE #: 3:11−cv−00738−wmc

CLOSED

United States of America v. Dovenberg Investments, LLC et al Assigned to: District Judge William M. Conley Referred to: Magistrate Judge Stephen L. Crocker Cause: 42:405 Fair Housing Act
Plaintiff

Date Filed: 10/28/2011 Date Terminated: 11/17/2011 Jury Demand: None Nature of Suit: 443 Civil Rights: Accommodations Jurisdiction: U.S. Government Plaintiff

United States of America

represented by Barbara L Oswald United States Attorney's Office 660 West Washington Avenue, #303 Madison, WI 53703 (608) 264−5158 Fax: (608) 264−5724 Email: barbara.oswald@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant Dovenberg Investments, LLC
Defendant Darlene Dovenberg

represented by Richard Radcliffe Mubarak, Radcliffe &Berry, S.C. P.O. Box 110 Tomah, WI 54660 6083722014 ATTORNEY TO BE NOTICED
represented by Richard Radcliffe (See above for address) ATTORNEY TO BE NOTICED

Date Filed 10/28/2011
10/28/2011 11/01/2011 11/01/2011
11/07/2011

# Docket Text
1 COMPLAINT against Darlene Dovenberg, Dovenberg Investments, LLC, filed by United States of America. Service to be completed by Waiver of Service of Summons. (Attachments: # 1 JS−44 Civil Cover Sheet) (Oswald, Barbara) (Entered: 10/28/2011)
2 Motion for Entry of Consent Decree by Plaintiff United States of America. Response due 11/4/2011. (Oswald, Barbara) (Entered: 10/28/2011)
Case randomly assigned to Magistrate Judge Stephen L. Crocker. (arw) (Entered: 11/01/2011)
Standard attachments for Magistrate Judge Stephen L. Crocker required to be served on all parties with summons or waiver of service: Briefing Guidelines, Corporate Disclosure Statement, Order Regarding Assignment of Civil Cases, Notice of Assignment to Magistrate Judge and Consent/Request for Reassignment, Order on Dispositive Motions. (arw) (Entered: 11/01/2011)
3 Waiver of Service Returned Executed by Defendant Dovenberg Investments, LLC. Dovenberg Investments, LLC waiver sent on 10/28/2011, answer due 12/27/2011. (Oswald, Barbara) (Entered: 11/07/2011)

Case: 3:11-cv-00738 As of: 12/31/2011 02:27 PM CST 2 of 2

11/07/2011 11/17/2011 11/17/2011

4 Waiver of Service Returned Executed by Defendant Darlene Dovenberg. Darlene Dovenberg waiver sent on 10/28/2011, answer due 12/27/2011. (Oswald, Barbara) (Entered: 11/07/2011)
5 Consent Decree. Signed by District Judge William M. Conley on 11/16/11. (rep) (Entered: 11/17/2011)
6 ** TEXT ONLY ORDER ** Consistent with the consent decree, this case is dismissed without prejudice subject to reopening upon good cause shown. Signed by District Judge William M. Conley on 11/16/11. (rep) (Entered: 11/17/2011)