United States v. Waisbord (E.D. Pa.)

http://www.usdoj.gov/crt/housing/documents/waisbordcomp.htm

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

UNITED STATES OF AMERICA,
Plaintiff, CIVIL ACTION NO.______________
v. COMPLAINT and
DANIEL WAISBORD, HELENE WAISBORD JURY DEMAND and AVA WAISBORD,
Defendants.
__________________________________________)

The United States of America alleges as follows:
NATURE OF ACTION
1. This action is brought by the United States on behalf of Karla Baker to enforce the provisions of 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 "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. § 3612(o).
3. Venue is proper in this judicial district pursuant to 42 U.S.C. § 1391(b), because the events giving rise to this action occurred in this judicial district.
PARTIES
4. At all times relevant herein, Defendants Helene Waisbord and Ava Waisbord were the owners of the attached single family rental property located at 6331 Gillespie Street in Philadelphia, Pennsylvania ("the Gillespie Street property").
5. At all times relevant herein, Defendant Daniel Waisbord acted as the rental agent for Helene Waisbord and Ava Waisbord and was the manager of the Gillespie Street property.
6. Karla Baker is an African-American woman who, in or around December 2003, attempted to rent the Gillespie Street property from the Defendants.
7. The Gillespie Street property is a "dwelling" within the meaning of 42 U.S.C. § 3602(b).
FACTUAL ALLEGATIONS

1 of 4

7/3/2007 10:25 AM

United States v. Waisbord (E.D. Pa.)

http://www.usdoj.gov/crt/housing/documents/waisbordcomp.htm

8. Sometime prior to December 12, 2003, Karla Baker called Defendant Daniel Waisbord in response to a rental advertisement listed in the Northeast Times newspaper. Defendant Daniel Waisbord provided her with directions to a rental property located at 4904 Comly Street in Philadelphia, Pennsylvania ("the Comly Street property").
9. On or about December 12, 2003, Ms. Baker visited the Comly Street property. While she was there, she spoke with two repairmen. She told them she did not like the Comly Street property, and asked whether Defendant Daniel Waisbord had any other properties available. One of the repairmen called Defendant Daniel Waisbord. Ms. Baker spoke with Defendant Daniel Waisbord, who told her that the Gillespie Street property was available. Ms. Baker and Defendant Daniel Waisbord agreed to meet at the Gillespie Street property.
10. On or about December 12, 2003, Ms. Baker and Defendant Daniel Waisbord met at the Gillespie Street property. After viewing the property, Ms. Baker told Defendant Daniel Waisbord that she would like to rent the property. They discussed the rent and deposit, and Ms. Baker gave Defendant Daniel Waisbord money toward her deposit for the property. Ms. Baker asked Defendant Daniel Waisbord if he could reduce the rent by twenty-five dollars per month. Defendant Daniel Waisbord said that he could not do that for the Gillespie Street property, but he could for another property. Ms. Baker told him that she was not interested in seeing any other properties and that she wanted to rent the Gillespie Street property. Before leaving the Gillespie Street property, Defendant Daniel Waisbord gave Ms. Baker directions to the apartment complex located at 2105-2115 Rhawn Street in northeast Philadelphia, Pennsylvania (the "Rhawn Street property"). He encouraged Ms. Baker to visit the Rhawn Street property, where, he said, the rent was several hundred dollars lower and he could reduce the rent by an additional twenty-five dollars.
11. On or about December 19, 2003, Ms. Baker told Defendant Daniel Waisbord again that she was not interested in living at the Rhawn Street property and she wanted to rent the Gillespie Street property.
12. At some point during the course of Ms. Baker's contact with Defendant Daniel Waisbord in December 2003, this Defendant made statements to her about the race and/or ethnicity of the neighbors at the Gillespie Street property, and told her that he could not rent that property to her because the neighbors would not like it. These statements suggested to Ms. Baker that she may not be welcome in the neighborhood where the Gillespie Street property is located.
13. At all times relevant herein, Ms. Baker was ready, willing, and able to pay the rent and deposit that Defendant Daniel Waisbord asked for the Gillespie Street property.
14. Defendant Daniel Waisbord did not rent the Gillespie Street property to Ms. Baker. On or around December 19, 2003, he returned a portion of the money that Ms. Baker had given to him toward her deposit for the Gillespie Street property to Ms. Baker.
15. The Gillepsie Street property remained available for rent after Defendant Daniel Waisbord's last contact with Ms. Baker.
16. Defendant Daniel Waisbord ultimately rented the Gillespie Street property to a Caucasian woman on or about December 23, 2003. Defendant Daniel Waisbord charged this Caucasian woman less in rent than what he asked Ms. Baker to pay.
17. On or about August 26, 2004, Ms. Baker filed a timely Fair Housing Act complaint with the United States Department of Housing and Urban Development ("HUD"). Ms. Baker filed an amended complaint on or about April 5, 2005.

2 of 4

7/3/2007 10:25 AM

United States v. Waisbord (E.D. Pa.)

http://www.usdoj.gov/crt/housing/documents/waisbordcomp.htm

18. 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. Therefore, on January 25, 2006, the Secretary issued a Charge of Discrimination, pursuant to 42 U.S.C. § 3610(g)(2)(A), charging the Defendants with engaging in discriminatory practices, in violation of 42 U.S.C. §§ 3604 of the Fair Housing Act.
19. On February 15, 2006, the Defendants elected to have the claims asserted in HUD's Charge of Discrimination resolved in a civil action pursuant to 42 U.S.C. § 3612(a).
20. On February 16, 2006, the Chief Administrative Law Judge issued a Notice of Election of Judicial Determination and terminated the administrative proceeding on Ms. Baker's complaint.
21. 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
22. Defendants, through the above-referenced actions, have:
a. Refused to rent or negotiate for rental or otherwise made unavailable a dwelling to Ms. Baker because of race or color, in violation of 42 U.S.C. § 3604(a); and
b. Discriminated against Ms. Baker in the terms, conditions, or privileges of rental of a dwelling because of race or color, in violation of 42 U.S.C. § 3604(b);
c. Made statements with respect to a rental of a dwelling that indicate a preference, limitation or discrimination based on Ms. Baker's race or color, in violation of 42 U.S.C. § 3604(c).
23. Karla Baker is an "aggrieved person" within the meaning of 42 U.S.C. § 3602(i).
24. As a result of the Defendants' discriminatory conduct, Ms. Baker has suffered damages.
25. The discriminatory actions of the Defendants were intentional, willful, and taken in disregard of the federally protected rights of Ms. Baker.
WHEREFORE, the United States of America prays for relief as follows:
1. A declaration that the discriminatory conduct of Defendants as set forth above violates the Fair Housing Act, 42 U.S.C. §§ 3601, et seq.;
2. An injunction against Defendants, their agents, employees, successors, and all other persons in active concert or participation with any of them from discriminating because of race or color, in violation of the Fair Housing Act, 42 U.S.C. §§ 3601, et seq.; and
3. An award of monetary damages to Karla Baker, pursuant to 42 U.S.C. §§ 3612(o)(3) and 3613(c)(1).
The United States further prays for such additional relief as the interests of justice may require.
Dated: ___________________________

3 of 4

7/3/2007 10:25 AM

United States v. Waisbord (E.D. Pa.)
Of Counsel: PATRICK L. MEEHAN United States Attorney VIRGINIA A. GIBSON Assistant United States Attorney Chief, Civil Division MARGARET L. HUTCHINSON Assistant United States Attorney
Document Filed: March 15, 2006

http://www.usdoj.gov/crt/housing/documents/waisbordcomp.htm
ALBERTO R. GONZALES Attorney General
______________________ WAN J. KIM Assistant Attorney General Civil Rights Division
______________________ STEVEN H. ROSENBAUM Chief, Housing and Civil Enforcement Section Civil Rights Division
______________________ MICHAEL S. MAURER Deputy Chief ERIN MEEHAN RICHMOND, Attorney Housing and Civil Enforcement Section Civil Rights Division, U.S. Department of Justice 950 Pennsylvania Avenue, N.W. Northwestern Building, 7th Floor Washington, D.C. 20530 Phone: (202) 514-4713 Fax: (202) 514-1116

4 of 4

7/3/2007 10:25 AM

 
 United States v. Daniel Waisbord, et al. (E.D. Pa.)

http://www.usdoj.gov/crt/housing/documents/waisbordsettle.htm

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

UNITED STATES OF AMERICA, Plaintiff,

CIVIL ACTION NO. 06-1124

v.
DANIEL WAISBORD, HELENE WAISBORD and AVA WAISBORD,

CONSENT DECREE

Defendants. __________________________________________)

I. INTRODUCTION

The United States of America filed the Complaint on behalf of Karla Baker (“Complainant”) pursuant to subsection 812(o) of the Fair Housing Act (“the Act”), 42 U.S.C. § 3612(o).
The Complaint alleges that Defendants Daniel Waisbord, Helene Waisbord, and Ava Waisbord discriminated against the Complainant, an African-American woman, on the basis of race or color when they refused to rent her the attached single family rental property located at 6331 Gillespie Street in Philadelphia, Pennsylvania (“the Gillespie Street property”), and instead directed her toward a less desirable property located at 2105-2115 Rhawn Street in Philadelphia, Pennsylvania. At all times relevant herein, Defendants Helene Waisbord and Ava Waisbord were the owners of the Gillespie Street property. At all times relevant herein, Defendant Daniel Waisbord acted as the rental agent for Helene Waisbord and Ava Waisbord and was the manager of the Gillespie Street property.
The Complaint alleges that the Defendants refused to rent or negotiate for rental or otherwise made unavailable a dwelling to the Complainant because of race or color, in violation of 42 U.S.C. § 3604(a); discriminated against the Complainant in the terms, conditions, or privileges of rental of a dwelling because of race or color, in violation of 42 U.S.C. § 3604(b); and made statements with respect to a rental of a dwelling that indicate a preference, limitation or

1 of 11

7/3/2007 10:23 AM

United States v. Daniel Waisbord, et al. (E.D. Pa.)

http://www.usdoj.gov/crt/housing/documents/waisbordsettle.htm

discrimination based on the Complainant’s race or color, in violation of 42 U.S.C. § 3604(c). On or about August 26, 2004, the Complainant filed a timely Fair Housing Act complaint with the
United States Department of Housing and Urban Development (“HUD”), pursuant to 42 U.S.C. § 3610(a). The Complainant filed an amended complaint on or about April 5, 2005. HUD conducted an investigation of the complaint and determined that reasonable cause existed to believe that discriminatory housing practices had occurred, and it issued a Charge of Discrimination. After the Defendants elected to proceed in federal court, HUD referred the case to the Department of Justice for filing pursuant to 42 U.S.C. § 3612(o)(1).
The parties agree that this Court has jurisdiction over the subject matter of this case pursuant to 42 U.S.C. §§ 1345, 1331, and 42 U.S.C. § 3612(o).
The parties agree that, to avoid costly and protracted litigation, the claims against the Defendants should be resolved without further proceedings and an evidentiary hearing. Therefore, as indicated by the signatures below, the parties agree to the entry of this Consent Decree. This Consent Decree constitutes full resolution of the United States’ claims that the Defendants discriminated against the Complainant on the basis of race or color. The Defendants have at all times denied and continue to deny that they have discriminated against the Complainant. Nothing in this Consent Decree should be construed as an admission of any violation of the Fair Housing Act.
It is hereby ORDERED, ADJUDGED, AND DECREED: II. GENERAL INJUNCTION
1. For purposes of this Consent Decree, “Defendants” is defined to mean the Defendants, their officers, employees, agents, successors and assigns, and all other persons in active concert or participation with them. The Defendants are enjoined from:
a.refusing to rent, refusing to negotiate for the rental of, or otherwise making unavailable or denying dwellings to any person because of race or color, in violation of 42 U.S.C. § 3604(a); b.Discriminating against any person in the terms, conditions, or privileges of rental of a dwelling because of race or color, in violation of 42 U.S.C. § 3604(b);

2 of 11

7/3/2007 10:23 AM

United States v. Daniel Waisbord, et al. (E.D. Pa.)

http://www.usdoj.gov/crt/housing/documents/waisbordsettle.htm

c.Making statements with respect to the rental of a dwelling that indicate a preference, limitation, or discrimination based on race or color, in violation of 42 U.S.C. § 3604(c); and d.Coercing, intimidating, threatening, or interfering with any person in the exercise or enjoyment of, or on account of his/her having exercised or enjoyed, or on account of his/her having aided or encouraged any other person in the exercise or enjoyment of, any right granted or protected by the Act, including the Complainant, as well as anyone who participated in HUD’s investigation of the administrative complaint that gave rise to this action, in violation of 42 U.S.C. § 3617.

III. DAMAGES TO AGGRIEVED PERSON
2. Within thirty (30) days of the entry of this Decree, the Defendants shall pay the Complainant forty thousand dollars ($40,000.00) in monetary damages. The Defendants shall pay said money by sending to the United States a check for forty thousand dollars ($40,000.00) payable to Karla Baker. Upon receipt of the check, the United States shall send to the Defendants an executed release of all claims, legal or equitable, that the Complainant might have against the Defendants relating to the claims asserted in this lawsuit (Appendix A).
IV. PUBLIC NOTICE OF NONDISCRIMINATION POLICY 3. Within ten (10) days of the entry of this Decree, and throughout the term of this Decree, Defendants shall post and prominently display in the common area of all rental properties owned or operated by them a sign no smaller than 10 inches by 14 inches indicating that all dwellings are available for rent on a nondiscriminatory basis. A poster that comports with 24 C.F.R. Part 110 will satisfy this requirement. Next to each of these signs Defendants shall post their nondiscrimination policy, conforming to Appendix B. 4. Within ten (10) days of the entry of this Decree, and throughout the term of this Decree, Defendants shall ensure that all advertising for all rental properties owned or managed by them, in newspapers, telephone

3 of 11

7/3/2007 10:23 AM

United States v. Daniel Waisbord, et al. (E.D. Pa.)

http://www.usdoj.gov/crt/housing/documents/waisbordsettle.htm

directories, radio, television, the Internet, or other media, and on signs, pamphlets, brochures and other promotional literature, include a fair housing logo, the words “equal housing opportunity provider,” and/or the following sentence:
We are an equal opportunity housing provider. We do not discriminate on the basis of race, color, national origin, religion, sex, familial status or disability.
The words or logo shall be prominently placed and easily legible. 5. Within thirty (30) days of the entry of this Decree, Defendants shall provide to all employees of all rental properties owned or operated by them a written notice, conforming to that of Appendix B, describing Defendants’ policy of nondiscrimination based on race or color. Defendants shall also provide this policy to all prospective tenants at the time of application.
V. TRAINING 6. Within ten (10) days of the entry of this Decree, the Defendants shall provide copies of this Decree and the nondiscrimination policy to all of their agents and employees whose duties, in whole or in part, involve the management or rental of all rental properties owned or operated by them and shall secure the signed statement, conforming to Appendix C, from each agent or employee acknowledging that she or he has received and read, and understands the Decree and the nondiscrimination policy, and has had her or his questions about the Decree and the nondiscrimination policy answered. 7. Within sixty (60) days of the entry of this Decree, the Defendants and all employees and agents whose duties, in whole or in part, involve the management or rental of all rental properties owned or operated by Defendants shall undergo fair housing training. The training shall focus on discrimination because of race or color and shall inform these individuals of their obligations under the Decree as well as applicable federal, state and local laws. The training shall be conducted by a qualified third party, approved by the United States and unconnected to the Defendants or their employees, agents or counsel, and any expenses associated with this training shall be borne by the Defendants. Those who attend the training shall be required to sign a

4 of 11

7/3/2007 10:23 AM

United States v. Daniel Waisbord, et al. (E.D. Pa.)

http://www.usdoj.gov/crt/housing/documents/waisbordsettle.htm

certification confirming their attendance conforming to Appendix D. 8. During the term of this Decree, each new employee or agent whose duties, in whole or in part, involve the management or rental of units at rental properties owned or operated by the Defendants shall be given a copy of this Decree and the nondiscrimination policy within ten (10) days of the commencement of their employment, and shall be given an opportunity to have any questions about these documents answered by one of the Defendants or the Defendants’ management officials, or the Defendants’ counsel. Each such new employee or agent shall sign a statement conforming to Appendix C.
VI. TESTING 9. The United States may take steps to monitor Defendants’ compliance with this Decree including, but not limited to, conducting fair housing tests at any dwelling unit in which any Defendant, now or in the future, has an indirect or direct ownership, management, or financial interest to deter and detect future acts of unlawful housing discrimination and to determine whether the Defendants are violating any part of this Decree.
VII. REPORTING AND RECORD-KEEPING REQUIREMENTS 10. Within thirty (30) days of the entry of this Decree, and thereafter on the anniversary of the entry of this Decree, the Defendants shall submit to the United States a compliance report, except that the final report shall be submitted sixty (60) days prior to the anniversary of this Decree. The compliance report shall include: (a) the signed statement of each agent and employee referred to in paragraphs 6 and 8, above; (b) copies of the Defendants’ nondiscrimination policy; and (c) copies of any advertisements, pamphlets, brochures or other promotional literature referred to in paragraph 10, above. 11. Within ten (10) days after the training required by paragraph 7, above, the Defendants shall provide to the United States: (a) the name(s), address(es) and telephone number(s) of the trainer(s); (b) copies of the training outlines and any materials distributed by the trainers; and (c) the signed certifications confirming

5 of 11

7/3/2007 10:23 AM

United States v. Daniel Waisbord, et al. (E.D. Pa.)

http://www.usdoj.gov/crt/housing/documents/waisbordsettle.htm

attendance. 12. For the duration of this Decree, the Defendants shall notify counsel for the United States, in writing, within fifteen (15) days of receipt of any complaint of housing discrimination against the Defendants or any of the Defendants’ agents or employees. Such notification shall include the date of the complaint, a copy of any written complaint or a description of the verbal complaint, and contact information for the complaining party. Within fifteen (15) days of the resolution of any such complaint, the Defendants shall notify counsel for the United States, in writing, providing the details of the resolution. 13. For the duration of this Decree, the Defendants shall preserve all records related to this Decree and any other documents related to the management or rental of units at rental properties owned or operated by the Defendants. Such documents include, but are not limited to, advertisements, applications, leases, resident assessment materials, tenant files, policies and procedures, inquiry logs, and unit availability logs. Upon reasonable notice to the Defendants, representatives of the United States shall be permitted to inspect and copy any of the Defendants’ records or inspect any rental properties owned or operated by the Defendants at any and all reasonable times so as to determine compliance with the Consent Decree; provided, however, that the United States shall endeavor to minimize any inconvenience to the Defendants from such inspections.
VIII. DURATION OF DECREE AND TERMINATION OF LEGAL ACTION 14. The Court shall retain jurisdiction for three (3) years after the entry of this Decree to enforce the terms of the Decree, at which time the case shall be dismissed with prejudice. Prior to the expiration of the Decree’s term, the United States may move the Court to extend the duration of the Decree for good cause, including on the basis that the Defendants have failed to comply with a provision of the Decree. 15. The parties shall endeavor in good faith to resolve informally any differences regarding the interpretation of and compliance with this Decree prior to bringing such matters to the Court for a resolution.

6 of 11

7/3/2007 10:23 AM

United States v. Daniel Waisbord, et al. (E.D. Pa.)

http://www.usdoj.gov/crt/housing/documents/waisbordsettle.htm

However, in the event of a failure by the Defendants to perform in a timely manner any act required by this Decree 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 performed, and an award of any damages, costs, and reasonable attorney’s fees that may have been occasioned by the violation or failure to perform.
IX. TIME FOR PERFORMANCE 16. Any time limits for performance imposed by this Consent Decree may be extended by the mutual, written agreement of the United States and the Defendants.

X. COSTS OF LITIGATION
17. Each party to this Consent Decree shall bear its own costs and attorney’s fees associated with this
litigation.
IT IS SO ORDERED:
This ____ day of ____________, 2006. __________________________________ JOHN P. FULLAM United States District Judge The undersigned apply for and consent to the entry of this Decree:
FOR PLAINTIFF UNITED STATES OF AMERICA:

PATRICK L. MEEHAN United States Attorney
VIRGINIA A. GIBSON Assistant United States Attorney Chief, Civil Division
MARGARET L. HUTCHINSON Assistant United States Attorney
Deputy Chief

WAN J. KIM Assistant Attorney General Civil Rights Division
s/Michael S. Maurer STEVEN H. ROSENBAUM Chief MICHAEL S. MAURER
ERIN MEEHAN RICHMOND Attorney Housing and Civil Enforcement Section

7 of 11

7/3/2007 10:23 AM

United States v. Daniel Waisbord, et al. (E.D. Pa.)

http://www.usdoj.gov/crt/housing/documents/waisbordsettle.htm

Civil Rights Division, U.S. Department of Justice 950 Pennsylvania Avenue, N.W. Northwestern Building, 7th Floor Washington, D.C. 20530 Phone: (202) 514-4713 Fax: (202) 514-1116
FOR DEFENDANTS DANIEL WAISBORD, HELENE WAISBORD AND AVA WAISBORD:
Lindy & Associates, P.C.
s/Jeffrey M. Lindy JEFFREY M. LINDY, ESQ. 1800 John F. Kennedy Blvd. Suite 1500 Philadelphia, MA 19103 Phone: (215) 575-9290 Fax: (215) 765-8081

APPENDIX ARELEASE OF CLAIMS BY KARLA BAKER In consideration of the parties’ agreement to the terms of the Consent Decree entered by the Court in United States v. Daniel Waisbord, et al, Civil Action No. 06-cv-1124 (E.D. Pa.), and the Defendants’ payment of the sum of FORTY THOUSAND DOLLARS ($40,000), I, Karla Baker, and her successors and assigns (defined as any and all heirs, executors, administrators, representatives, agents, insurers, attorneys, personal or legal representatives, privies, trustees, beneficiaries, guardians, and any other person or entity acting on her behalf), do hereby remise, release, acquit and forever discharge the Defendants named in this action, Daniel Waisbord, Helene Waisbord, and Ava Waisbord, as well as Rhawn Street Apartments, LLC, and their successors and assigns (defined as Daniel Waisbord, Helene Waisbord, Ava Waisbord, and Rhawn Street Apartments, LLC, and any and all parents, subsidiaries, affiliates and trusts, and as to each of the foregoing, their respective employees, predecessors, successors, directors, officers, members, servants, heirs, executors, administrators, representatives, agents, insurers, attorneys, personal or legal representatives,

8 of 11

7/3/2007 10:23 AM

United States v. Daniel Waisbord, et al. (E.D. Pa.)

http://www.usdoj.gov/crt/housing/documents/waisbordsettle.htm

privies, trustees, beneficiaries, guardians, and any other person or entity acting on their behalf), from any and all claims, suits, causes of action, actions, rights, damages and expenses, whether known or unknown, foreseen or unforeseen, and any and all compensatory, consequential, exemplary and punitive damages of any kind, whether arising in law or equity, in contract or tort, including, but not limited to, any claim for attorney’s fees or penalties, that are based upon, arise out of, are connected with, or related in any way to any and all allegations which have been or could have been asserted in this action. Karla Baker and her successors and assigns, as defined above, and including all counsel, shall maintain as confidential the terms and conditions of this Consent Decree and release, as well as the consideration received and described in these documents. Karla Baker and her successors and assigns, as defined above, expressly understand and agree that this Consent Decree and release and the payment referenced herein are not to be construed as an admission of liability on the part of Daniel Waisbord, Helene Waisbord, and Ava Waisbord, as well as Rhawn Street Apartments, LLC, by whom liability is expressly denied. It is further expressly understood and agreed that this Consent Decree and release are made as a compromise to avoid expense and to terminate all controversy and/or claims for injuries or damages of whatever nature, known or unknown, including future developments thereof, in any way growing out of or in connection with this action. I, Karla Baker, hereby acknowledge that I have read and understand this release and have executed it voluntarily and with full knowledge of its legal consequences.
___________________________________ KARLA BAKER Date: ___________________
APPENDIX B NONDISCRIMINATION POLICY It is the policy of Daniel Waisbord, Helene Waisbord, and Ava Waisbord to comply with Title VIII of

9 of 11

7/3/2007 10:23 AM

United States v. Daniel Waisbord, et al. (E.D. Pa.)

http://www.usdoj.gov/crt/housing/documents/waisbordsettle.htm

the Civil Rights Act of 1968 (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, among other things, that Daniel Waisbord, Helene Waisbord, and Ava Waisbord and all of their agents or employees with the responsibility for renting, managing or administering any dwelling units must not discriminate on the basis of race or color in any aspect of the rental of dwellings to qualified applicants or tenants. Such agents and employees must refrain from:
A. Refusing to rent, refusing to negotiate for the rental of, or otherwise making unavailable or denying dwellings to any person because of race or color;
B. Discriminating against any person in the terms, conditions, or privileges of rental of a dwelling because of race or color;
C. Making statements with respect to the rental of a dwelling that indicate a preference, limitation, or discrimination based on race or color; and
D. Coercing, intimidating, threatening, or interfering with any person in the exercise or enjoyment of, or on account of his/her having exercised or enjoyed, or on account of his/her having aided or encouraged any other person in the exercise or enjoyment of, any right granted or protected by the Act.
Any agent or employee who fails to comply with this nondiscrimination policy shall be subject to appropriate disciplinary action. Any action taken by an agent or employee that results in the unequal service, treatment or behavior to tenants on the basis of disability may constitute a violation of state and federal fair housing laws. Any tenant 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.

APPENDIX C EMPLOYEE ACKNOWLEDGMENT
I acknowledge that on _____________ _____, 200__, I was provided copies of the Consent Decree entered by the Court in United States v. Daniel Waisbord, et al., Civil Action No. 06-1124 (E.D. Pa.), and the nondiscrimination policy of Daniel Waisbord, Helene Waisbord, and Ava Waisbord. 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.

10 of 11

___________________________ Signature
____________________________

7/3/2007 10:23 AM

United States v. Daniel Waisbord, et al. (E.D. Pa.)

http://www.usdoj.gov/crt/housing/documents/waisbordsettle.htm

Print Name
___________________________ Job Title
_______________ Date

APPENDIX D EMPLOYEE TRAINING CERTIFICATION
I certify that on _____________ ____, 200___, I received training with respect to my responsibilities under the Consent Decree entered by the Court in United States v. Daniel Waisbord, et al., Civil Action No. 06-1124 (E.D. Pa.), and the federal Fair Housing Act. I was also instructed as to the rental policies and procedures, including the nondiscrimination policy, of Daniel Waisbord, Helene Waisbord, and Ava Waisbord. I have received copies of and have read the Consent Decree and the nondiscrimination policy, and I have had my questions about these documents answered. I understand my legal responsibilities and shall comply with those responsibilities.
___________________________ Signature ___________________________ Print Name ___________________________ Job Title ________________ Date
Document Filed: July 31, 2006

11 of 11

7/3/2007 10:23 AM

 
 United States District Court Eastern District of Pennsylvania - Docket R... https://ecf.paed.uscourts.gov/cgi-bin/DktRpt.pl?104251055090645-L_3...
CLOSED, STANDARD
United States District Court Eastern District of Pennsylvania (Philadelphia) CIVIL DOCKET FOR CASE #: 2:06-cv-01124-JF

UNITED STATES OF AMERICA v. WAISBORD et al Assigned to: HONORABLE JOHN P. FULLAM Cause: 42:405 Fair Housing Act

Date Filed: 03/15/2006 Date Terminated: 09/08/2006 Jury Demand: Plaintiff Nature of Suit: 443 Civil Rights: Accomodations Jurisdiction: U.S. Government Plaintiff

Plaintiff UNITED STATES OF AMERICA

represented by ERIN M. RICHMOND UNITED STATES DEPARTMENT OF JUSTICE 950 PENNSYLVANIA AVENUE NORTH WEST CIVIL RIGHTS DIVISION WASHINGTON, DC 20530 202-514-4713 Email: erin.richmond@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

STEVEN H. ROSENBAUM U.S. DEPARTMENT OF JUSTICE 950 PENNSYLVANIA AVENUE, N.W. NORTHWESTERN BUILDING, 7TH FLR. WASHINGTON, DC 20530 202-514-4713 Fax: 202-514-1116 LEAD ATTORNEY ATTORNEY TO BE NOTICED

WAN J. KIM U.S. DEPARTMENT OF JUSTICE 950 PENNSYLVANIA AVENUE, N.W. NORTHWESTERN BUILDING, 7TH FLR. WASHINGTON, DC 20530 202-514-4713 Fax: 202-514-1116 LEAD ATTORNEY ATTORNEY TO BE NOTICED

MICHAEL STUART MAURER

1 of 3

7/3/2007 10:25 AM

United States District Court Eastern District of Pennsylvania - Docket R... https://ecf.paed.uscourts.gov/cgi-bin/DktRpt.pl?104251055090645-L_3...

V. Defendant DANIEL WAISBORD
Defendant HELENE WAISBORD
Defendant AVA WAISBORD

U.S. DEPARTMENT OF JUSTICE 950 PENNSYLVANIA AVE NW NORTHWESTERN BLDG 7TH FL WASHINGTON, DC 20530 202-514-4713 Email: michael.maurer@usdoj.gov ATTORNEY TO BE NOTICED
represented by JEFFREY M. LINDY LAW OFFICES OF JEFFREY M. LINDY 1800 JOHN F. KENNEDY BOULEVARD SUITE 1500 PHILADELPHIA, PA 19103 215-575-9290 Email: jlindy@lindylawfirm.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by JEFFREY M. LINDY (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by JEFFREY M. LINDY (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 03/15/2006
03/15/2006 03/15/2006 04/14/2006

#

Docket Text

1 COMPLAINT against DANIEL WAISBORD, HELENE WAISBORD, AVA WAISBORD , filed by UNITED STATES OF AMERICA.(tj, ) (Entered: 03/16/2006)
Summons Issued; 3 Mailed to counsel 3/16/06 as to DANIEL WAISBORD, HELENE WAISBORD, AVA WAISBORD. (tj, ) (Entered: 03/16/2006)
DEMAND for Trial by Jury by UNITED STATES OF AMERICA. (tj, ) (Entered: 03/16/2006)
2 WAIVER OF SERVICE Returned Executed by UNITED STATES OF AMERICA. AVA WAISBORD waiver sent on 3/27/2006, answer due 5/26/2006. (RICHMOND, ERIN) (Entered: 04/14/2006)

2 of 3

7/3/2007 10:25 AM

United States District Court Eastern District of Pennsylvania - Docket R... https://ecf.paed.uscourts.gov/cgi-bin/DktRpt.pl?104251055090645-L_3...

04/14/2006 04/14/2006 05/25/2006 05/26/2006
07/31/2006 09/06/2006

3 WAIVER OF SERVICE Returned Executed by UNITED STATES OF AMERICA. DANIEL WAISBORD waiver sent on 3/27/2006, answer due 5/26/2006. (RICHMOND, ERIN) (Entered: 04/14/2006)
4 WAIVER OF SERVICE Returned Executed by UNITED STATES OF AMERICA. HELENE WAISBORD waiver sent on 3/27/2006, answer due 5/26/2006. (RICHMOND, ERIN) (Entered: 04/14/2006)
5 Stipulation for Extension of Time to File Answer to the Complaint filed by DANIEL WAISBORD, HELENE WAISBORD, AVA WAISBORD, Certificate of Service. (LINDY, JEFFREY) Modified on 5/26/2006 (np). (Entered: 05/25/2006)
6 STIPULATION AND ORDER THAT THE TIME WHICH DEFENDANTS MAY ANSWER,PLEAD, OROTHERWISE RESPOND TO THE COMPLAINT SHALL BE EXTENDED 31 DAYS UNTIL MONDAY, JUNE 26, 2006. SIGNED BY JUDGE JOHN P. FULLAM ON 5/26/06. 5/26/06 ENTERED AND COPIES MAILED AND FAXED BY CHAMBERS.(mac, ) (Entered: 05/26/2006)
7 Joint MOTION to Approve Consent Judgment filed by UNITED STATES OF AMERICA.Certificate of Service. (Attachments: # 1 Text of Proposed Order)(MAURER, MICHAEL) (Entered: 07/31/2006)
8 CONSENT DECREE AND ORDER THAT DEFENDANTS ARE ENJOINED FROM REFUSING TO RENT, REFUSING TO NEGOTIATE FOR THE RENTAL OF, OR OTHERWISE MAKING UNAVAILABLE OR DENYING DWELLINGS TO ANY PERSON BECAUSE OF RACE OR COLOR, IN VIOLATION OF 42 U.S.C. 3640(a), ETC. SIGNED BY JUDGE JOHN P. FULLAM ON 09/05/06. 09/07/06 ENTERED AND COPIES MAILED AND FAXED.(ac, ) (Entered: 09/07/2006)

PACER Service Center

Transaction Receipt

07/03/2007 11:25:12

PACER Login:

hs0328

Client Code:

Description:

Docket Report

Search Criteria:

Billable Pages: 2

Cost:

clearinghouse 2:06-cv-01124-JF 0.16

3 of 3

7/3/2007 10:25 AM

 
 #06-480: 07-31-06 Justice Department Settles Race Discrimination Case...

http://www.usdoj.gov/opa/pr/2006/July/06_crt_480.html

FOR IMMEDIATE RELEASE MONDAY, JULY 31, 2006 WWW.USDOJ.GOV

CRT (202) 514-2007 TDD (202) 514-1888

Justice Department Settles Race Discrimination Case with Owners and Manager of Philadelphia Rental Properties

WASHINGTON — The Justice Department today announced an agreement with the owners and manager of Philadelphia Rental Properties, to settle allegations of discrimination against an African American woman who had sought to rent a home. Under the settlement, which must still be approved by the U.S. District Court in Philadelphia, the defendants must pay $40,000 to the victim, undergo training, adopt and post a nondiscrimination policy and provide reports to the government.

"It is offensive that anyone would condition housing on the color of one's skin," said Wan J. Kim, Assistant Attorney General for the Civil Rights Division. “The Justice Department is committed to seeking out and prosecuting anyone who engages in illegal housing discrimination.”

The lawsuit alleged that Daniel Waisbord, acting as the property manager for Helene Waisbord and Ava Waisbord, discouraged an African American woman from renting one property, telling her that the neighbors would not like it and that she would be unwelcome there. The government further alleged that Daniel Waisbord attempted to steer her to a property in a different neighborhood, and that he eventually rented the first property to a white woman at a rental price that was lower than the one he quoted to the African American woman. The woman subsequently filed a fair housing complaint with the U.S. Department of Housing and Urban Development (HUD). After investigating the matter, HUD issued a charge of discrimination, and the matter was referred to the Justice Department, which filed the lawsuit earlier this year.

Fighting illegal housing discrimination is a top priority of the Justice Department. In February, Attorney General Alberto R. Gonzales announced Operation Home Sweet Home, a concentrated initiative to expose and eliminate housing discrimination in America. This initiative was inspired by the plight of displaced victims of Hurricane Katrina who were suddenly forced to find new places to live. Operation Home Sweet Home, however, is not limited to the areas hit by Hurricane Katrina, but targets housing discrimination all over the country.

For more information about Operation Home Sweet Home, please visit our Web site, www.usdoj.gov/fairhousing. Individuals who believe that they may have been victims of housing discrimination can call our Housing Discrimination Tip Line (1-800-896-7743), email us at fairhousing@usdoj.gov, or contact the Department of Housing and Urban Development at 1-800-669-9777.

The federal Fair Housing Act prohibits discrimination in housing on the basis of race, color, religion, sex, familial status, national origin and disability. Since January 1, 2001, the Justice Department's Civil Rights Division has filed 197 cases to enforce the Fair Housing Act, including 58 based on race discrimination. For more information about the Civil Rights Division and the laws it enforces, go to www.usdoj.gov/crt.

###

06-480

1 of 1

7/3/2007 10:26 AM