Case 5:11-cv-00009-FPS Document 1 Filed 01/14/11 Page 1 of 7 PageID #: 1

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF WEST VIRGINIA

u.s. DISTIller COURT FILED AT WHEELING, WV.
JAN 14 2011

)

UNITED STATES OF AMERICA,

)

)

Plaintiff,

)

)

v.

)

) WHEELING HOUSING AUTHORITY, )

)

Defendant.

)

)

NOORFTFHIECR~NODFIST!T4REICCTl'=OpF'!(WV
? Civil No.5; 11- t V --

COMPLAINT The United States of America alleges as follows:
NATURE OF THE ACTION 1. This action is brought by the United States to enforce 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. §§ 3601-3631. It is brought on behalf of Kathy Green and her two minor children, pursuant to 42 U.S.C. §§ 3612(0).
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(0). 3. Venue is proper under 28 U.S.c. § 1391(b), because the claims alleged herein arose in the Northem District 0f West Virginia.

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PARTIES AND THE SUBJECT PROPERTY 4. Defendant Wheeling Housing Authority is a federally funded entity that owns, operates, and manages five public housing developments consisting of residential properties used as housing for persons of low income in the city of Wheeling, West Virginia. 5. Hil-Dar Apartments ("Hil-Dar" or the subject property) is an 89-unit residential property located on Hil-Dar Street, Wheeling, West Virginia and is one of the public housing developments owned, operated and managed by the Defendant. Hil-Dar's units are "dwellings" within the meaning of the Fair Housing Act, 42 U.S.C. §3602(b). 6. Kathy Green, who is black, resided at the subject property, at 1064 Hil-Dar Street, from 2006 through December 2010. Ms. Green has a minor son and daughter, who are black, who resided with her at the subject property (collectively, the "Green family").
FACTUAL ALLEGATIONS 7. Beginning in November 2007, the Green family became the target of racial harassment by a nei ghboring family, who are also residents of Hil-Dar, because the Green family is black. The harassment has included verbal abuse, racial slurs, threats, assaults or attempted assaults of members of the Green family. 8. The racial harassment has caused Ms. Green to fear for the safety of her family. 9. The Wheeling Housing Authority knew or should have known of this racial harassment because Ms. Green complained repeatedly to the Defendant about it, both orally and in writing. In addition, the Defendant knew of the harassment because the police were called to Hil-Dar in response to an incident of harassment.

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10. In her complaints to the Wheeling Housing Authority, Ms. Green identified Raymond Asbury and his family as the residents of Hil-Dar who were threatening and harassing her family. Raymond Asbury is a white neighbor of Ms. Green who lives in the Hil-Dar Apartments.
11. Mr. Asbury and his family harassed Ms. Green and her minor children on the basis of their race. On separate occasions Mr. Asbury cursed at Ms. Green's son and threatened to fight him; Mr. Asbury called her son a "nigger" on repeated occasions; and Mr. Asbury's minor son called Ms. Green's daughter a "nigger."
12. The Wheeling Housing Authority was provided with authority under the lease with the tenants of Hil-Dar Apartments to terminate the tenancy of any tenant who threatened and harassed another tenant because of their race.
13. On November 19,2007, Ms. Green filed a written complaint with theWheeling Housing Authority alleging racial harassment by Mr. Asbury. Specifically, she alleged that Mr. Asbury had cursed at her minor son, threw his coat offto fight her son, and called her son a "nigger." The Wheeling Housing Authority took seven months from this first written report, during which time the harassment continued, to initiate lease termination proceedings against the Asbury family. Once Mr. Asbury received a lease termination notice, the Asbury family accorded themselves the right to a hearing before the Wheeling Housing Authority on the evidence supporting the eviction. The Wheeling Housing Authority failed to notify Ms. Green about the hearing and therefore Ms. Green did not attend. The Wheeling Housing Authority presented no evidence, other than what was contained in the Asbury tenant file, supporting Ms. Green's allegations. The hearing officer for the Wheeling Housing Authority determined that there was insufficient evidence to support the eviction of the Asbury family.

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14. The Green family timely filed a complaint of discrimination against the Defendant with the United States Department of Housing and Urban Development ("HUD"), pursuant to the Fair Housing Act.
15. Pursuant to 42 U.S.c. §§ 361O(a) and (b), the Secretary ofHUD conducted and completed an investigation of the complaints, 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)(l), determined that reasonable cause existed to believe that illegal discriminatory housing practices had occurred. Therefore, on September 8, 2010, the Secretary issued a Charge of Discrimination, pursuant to 42 U.S.C. § 3610(g)(2)(A), charging Defendant with engaging in discriminatory practices in violation of the Fair Housing Act.
16. On September 27,2010, the Defendant timely elected to have the claim asserted in HUD's Charge of Discrimination resolved in a civil action pursuant to 42 U.S.C. § 3612(a).
17. On September 28,2010, the Administrative Law Judge issued a Notice of Election of Judicial Determination and terminated the administrative proceedings on and Ms. Green's complaint.
18. Following this Notice of Election, the Secretary ofHUD authorized the Attorney General to commence a civil action, pursuant to 42 US.c. § 3612(0).
FAIR HOUSING ACT VIOLATIONS 19. Plaintiff re-alleges and herein incorporates by reference the allegations set forth in paragraphs 1-1 9, above. 20. Defendant, through the above-referenced actions, has:

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a. Discriminated in the terms, conditions or privileges ofthe rental of a dwelling, or in the provision of services or facilities in connection therewith, on the basis of race, in violation of 42 U.S.C. § 3604(b); and
b. Coerced, intimidated, threatened, or interfered with a person in the exercise or enjoyment of, or on account oftheir having exercised or enjoyed, or on account of their having aided or encouraged any other person in the exercise or enjoyment of, a right granted or protected by section 804 of the Fair Housing Act.
21. Ms. Green and her two minor children have suffered and continue to suffer damages as a result of Defendant's violations of 42 U.S.c. §§ 3604(b) and 3617. Each is an "aggrieved person" within the meaning of 42 U.S.c. § 3602(i).
22. The discriminatory actions of the Defendant, as set forth above, were intentional, willful, and/or taken in disregard of the federally protected rights of others.

WHEREFORE, the United States prays that the court enter an ORDER that:

1. Declares that the Defendant's conduct, as alleged herein, violates the Fair Housing Act;

2. Enjoins the Defendant, its officers, employees, agents, successors and all other persons in

active concert or participation with it, from further:

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

of a dwelling because of race or color;

b.

Coercing, intimidating, threatening, or interfering with a person in the exercise or

enjoyment of, or on account of their having exercised or enjoyed, or on account of

their having aided or encouraged any other person in the exercise or enjoyment of, a

right granted or protected by section 804 of the Fair Housing Act.

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c. Failing or refusing to take such affinnative 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 the Defendant's discriminatory conduct; and
d. Failing or refusing to take such affinnative steps as may be necessary to restore, as nearly as practicable, all persons hanned by the Defendant's discriminatory conduct to the position they would have been in but for the Defendant's discriminatory conduct.
3. Awards monetary damages pursuant to 42 U.S.C. §§ 3612(0)(3) and 3613(c)(1), to the Green family.

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The United States further prays for such additional relief as the interests ofjustice may require.

Date: January 14, 2011
ALAN WV Bar No. 6075 Assistant United States Attorney P.O. Box 591 Wheeling, WV 26003 Telephone: (304) 234-01 00 Facsimile: (304) 234-0112 Email: Alan.McGonigal@usdoj.gov

Respectfully submitted,
ERIC HOLDER Attorney General
~
THOMAS E. PEREZ Assistant Attorney General
&;~
STEVEN H. ROSENBAUM Chief, Housing and Civil Enforcement Section Civil Rights Division
REBECCA B. BOND Deputy Chief BETH FRANK Attorney Housing and Civil Enforcement Section Civil Rights Division U.S. Department of Justice 950 Pennsylvania Avenue, N.W. Washington, D.C. 20530 Telephone: (202) 305-8196 Facsimile: (202) 514-1116 Email: Beth.Frank@usdoj.gov

 
 Case 5:11-cv-00009-FPS Document 24 Filed 04/26/12 Page 1 of 18 PageID #: 167

IN THE lJNITED STATES DISTRlCT COURT FOR THE NORTHERi'i DISTRICT OF WEST VIRGINIA

UNITED STATES OF AMERlCA,
Plaintiff,
v.
WHEELING HOUSING AUTHORITY Defendant.

) ) )
) ) ) Case No. 05:11-cv-00009 ) ) ) )

CONSENT ORDER This Consent Order resolves the allegations in the Complaint filed by the United States that Defendant \Vheeling Housing Authority (hereinafter the "Authority") violated the Fair Housing Act (hereinafter "FHA" or "the Act"), 42 U.S.C. §§ 3601-3619. The above-captioned civil action was brought pursuant to 42 U.S.C. § 3612(o) on behalf of Kathy Green and her son, Anias Lav.Tence and her minor child, N.L.
I. BACKGROUND I. The Authority is a state-aided public housing authority located in Wheeling, West Virginia. In addition to receiving state financial aid, the Authority receives federal funding from the United States Department of Housing and Urban Development (hereinafter "HUD"). At all times relevant to the allegation in the Complaint, the Authority owned and operated the Hil-Dar Apartments, a state-funded public housing site located in Wheeling. 2. Kathy Green, who is black, is a former resident of the Hil-Dar Apartments, from 2006 through December 20 I 0. At the time that Ms. Green resided at the Hil-Dar Apartments,

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she lived with her son Anias La\~Tence, who was a minor at the time, and her minor daughter, N.L, who are both black (collectively, the "Green family").
3. Beginning in November 2007, the Green family became the target of racial harassment by a neighboring family, who were also residents of the Hil-Dar Apartments, because the Green family is black. The harassment included verbal abuse, racial slurs, threats, assaults or attempted assaults of members of the Green family.
4. The racial harassment caused Ms. Green to fear for the safety of her family and for Anias Lawrence and N.L. to be fearful for their safety at the Hii-Dar Apartments.
5. In the Complaint the United States alleges that the Authority knew or should have known of the racial harassment because Ms. Green complained repeatedly to the Authority about the harassment, both orally and in writing, and that there is a detailed record of her complaints to the Authority. The Complaint further alleges that the Authority knew or should have known of this racial harassment because of a police visit to the Hii-Dar Apartments to address the aforementioned harassment.
6. The Complaint further alleges that the Authority was provided with the power under the lease with the tenants of Hil-Dar Apartments to terminate the tenancy of any tenant who threatened or harassed another tenant because of race and that the Authority failed to terminate the tenancy of the harassing tenant in a prompt and consistent manner and allowed the harassing tenant to continue to reside at the Hil-Dar Apartments to this day.
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7. On October 20, 2008, Ms. Green filed a timely complaint with HUD, on behalf of herself and her two children, Anias LawTence and N.L., pnrsuant to the FHA, alleging that the Authority discriminated against her family on the basis of race.
8. After an investigation, on September 8, 2010, the Secretary of HUD issued a Charge of Discrimination, pnrsuant to 42 U.S.C. § 36IO(g)(2)(A), charging the Authority with engaging in discriminatory housing practices in violation of 42 U.S.C. § 3604 of the Act. After the Authority timely elected to proceed in federal court, HUD referred the matter to the Department of Justice for filing pnrsuant to 42 U.S.C. § 3612(o). The United States filed this action on January 14, 2011.
9. The Authority has filed an Answer and Affirmative Defenses in which the Authority asserts that it took all reasonable, proper, and legally required steps in addressing Ms. Green's complaints and denies that it has engaged in discrimination on the basis of race or any other conduct in violation of or inconsistent with the Act.
10. The United States and the Authority agree that the Court has jurisdiction over the subject matter of this case pursuant to 28 U.S.C. § 1331,28 U.S.C. § 1345, 42 U.S.C. § 3610(o) and 42 U.S.C. § 3614(a).
II. The parties further agree that, to avoid costly and protracted litigation, the claims against the Authority should be resolved without further litigation. Therefore, as indicated by the signatures appearing below, the United States and the Authority agree to the entry of this Consent Order. This Consent Order constitutes full resolution of the claims set forth in the United States' Complaint that the Authority discriminated against Kathy Green and her two children, without an

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admission of liability or WTongdoing on the part of the Authority. It is hereby ORDERED, ADJUDGED and DECREED: II. INJUNCTIVE RELIEF 12. The Authority, for itself and its officers, employees, agents, representatives,
successors and assigns, and all other persons in active concert or participation with it, is enjoined from:
a. Discriminating on the basis of race as prohibited by the FHA, 42 U.S.C. §§ 3601-3619;
b. Discriminating against any person in the terms, conditions, or privileges of the rental of a dwelling, or in the provision of services or facilities in connection with the rental of such a dwelling on the basis of race, in violation of 42 U.S.C. § 3604(b); and
c. Coercing, intimidating, threatening or interfering with any person in the exercise or enjoyment of, or on account of his or her having exercised or enjoyed, or on account of his or her having aided and encouraged any other person in the exercise or enjoyment of, any right granted by 42 U.S. C. §§ 3603- 3606.
III. NONDISCRIMINATION, COMPLAINT AND SECURITY POLICIES 13. Within fifteen (15) days of the date of entry ofthis Consent Order and throughout its term, the Authority shall post and prominently display within the Authority's leasing offices, and within the offices of all Authority management officials, a sign no smaller than ten (l 0) inches by fourteen (14) inches indicating that all dwellings are available for rental on a nondiscriminatory basis. A poster that comports with 24 C.F.R. Part 110 will satisfy this
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requirement 14. Throughout the term of this Consent Order, the Authority shall ensure that any
new advertising for the Authority in newspapers, in telephone directories, on radio, on television, on the internet, or in other media, and any signs, pamphlets, brochures, or other promotional literature include a fair housing logo, the phrase "Equal Housing Opportunity Provider," and/or the following sentences:
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. 15. Within fifteen (15) days of the date of entry of this Consent Order, the Authority shall provide via first class mail, postage pre-paid, to the head of the household for each of the Authority's occupied public housing units a wTitten notice attached hereto as Appendix B, describing the Authority's policy of nondiscrimination (hereinafter "Nondiscrimination Policy"). 16. In addition, throughout the term of this Consent Order, the Authority shall include a copy of the Nondiscrimination Policy in all rental application packets for the Authority. 17. The Authority shall establish and adopt a 'NTitten complaint policy for the Authority (hereinafter "Complaint Policy"). The Complaint Policy shall inform applicants for, and tenants of, Authority properties how and where to file a complaint with the Authority about the practices of the Authority, its employees and its agents that relate to the Nondiscrimination Policy and/or to other rights afforded by the Act. The Complaint Policy shall also inform applicants for, and tenants of, Authority properties of their right to file a fair housing complaint with HUD. Within thirty (30) days of the date of entry of this Consent Order, the Authority shall
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provide a draft copy of the Complaint Policy to counsel for the United States for approvaL The United States shall respond to the Authority's proposed Complaint Policy within thirty (30) days of its receipt. If the United States objects to any part of the Authority's proposal, the parties shall have thirty (30) days to resolve their disagreement. If they are unable to do so, the parties shall submit the dispute to the Court for resolution. The Authority shall implement the Complaint Policy within ten (1 0) days of approval by the United States or determination by the Court.
18. Within fifteen (15) days of the date of implementation of the Complaint Policy, the Authority shall provide a copy of the Complaint Policy to each current resident of the Wheeling Housing Authority. For the duration of this Consent Order, the Authority shall provide a copy of the Complaint Policy to each new Wheeling Housing Authority resident within ten (l 0) days of the commencement of their residency.
19. The Authority shall establish and adopt a policy to contact that Wheeling Police Department on a regular basis, on the first of every month, to collect any reports of police visits to the Hil-Dar Apartment Complex. In addition, the Authority shall establish and adopt a policy to review video footage from the dates of the reported police visits from the surveillance cameras placed throughout the Hil-Dar Apartment Complex.
IV. TRAINING 20. Within fifteen (15) days of the date of entry of this Consent Order, the Authority shall provide a copy of the Consent Order and the Nondiscrimination Policy to all Authority employees and agents whose duties, in whole or in part, involve the showing, renting, managing or marketing of the Authority's public housing units ("covered Authority employees"). For the
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Authority's Complaint Policy, within fifteen (15) days of the implementation of the policy, the Authority shall provide a copy of those policies to all covered Authority employees. The Authority shall secure signed statements conforming to Appendices C and D from each covered Authority employee acknowledging that he/she has received, read and understands the Consent Order, the Nondiscrimination Policy, and the Complaint Policy, and has had his/her questions about these documents answered. Copies of those signed statements shall be provided to the United States in accordance with the provisions of Paragraph 23.
21. Within ninety (90) days of the date of entry of this Consent Order, the Authority shall provide training focused on the prohibition of race discrimination under the FHA to all covered Authority employees. The training shall be conducted by a qualified third party, approved by the United States and unconnected to the Authority or its employees, agents, or counsel. Any expenses associated with this training shall be borne by the Authority. Those who attend the training shall be required to sign a certification of completion conforming to Appendix D. Copies of those signed certifications shall be provided to the United States in accordance with the provisions of Paragraph 23.
22. During the term of this Consent Order, each new covered Authority employee shall be given a copy of this Consent Order, the Nondiscrimination Policy, and the Complaint Policy. Each such new covered Authority employee shall sign statements conforming to Appendices C and D. During the term of this Consent Order, the Authority will provide training focused on the prohibition of race discrimination under the FHA to new covered Authority employees no less frequently than every six (6) months, in which case any and all new covered
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Authority employees who have been hired since the last training session shall be required to attend. The training shall be conducted by a qualified third party, approved by the United States and unconnected to the Authority or its employees, agents, or counsel. .lilly expenses associated with this training shall be borne by the Authority. Those who attend the training shall be required to sign a certification of completion conforming to Appendix D. Copies of those signed certifications shall be provided to the United States in accordance with the provisions of Paragraph 23.
V, REPORTING AND RECORD KEEPLNG REQUIREMENTS 23. During the term of this Consent Order, the Authority shall submit a total of three (3) compliance reports to counsel for the United States. These reports shall be submitted as follows: (a) the first report will be submitted within one hundred twenty (120) days of the date of entry of this Consent Order; (b) the second report will be submitted within eighteen (18) months after submission of the first report; and (c) the final report will be submitted sixty (60) days prior to the expiration of this Consent Order. The compliance reports shall include: (a) the signed statements and certifications of each covered Authority employee referred to in paragraphs 21 and 22 obtained since the entry of the Consent Order or submission of the prior compliance report; (b) copies of any advertising for the Authority in newspapers, in telephone directories, on radio, on television, on the internet, or in other media, and copies of any signs, pamphlets, brochures, or other promotional literature concerning the Authority published since the submission of the prior report; and (c) photographs shovving the Nondiscrimination Policy described in Paragraph 15 posted and prominently displayed in the Authority's leasing offices
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and within the offices of all Authority management officials. 24. During the term of this Consent Order, the Authority shall notify counsel for the
United States in v.Titing within thirty (30) days of receipt of any written or oral complaint against the Authority and/or any of the Authority's agents or employees regarding race discrimination. If the complaint is wTitten, the Authority shall provide a copy of it with the notification. The notification shall include the full details of the complaint, including the complainant's name, address, and telephone number. The Authority shall also promptly provide the United States all information it may request concerning any such complaint and shall inform the United States in \\Titing within fifteen (15) days of the terms of any resolution of such a complaint.
25. For the duration of this Consent Order, the Authority shall preserve all records related to this Consent Order. Such documents include, but are not limited to, advertisements, applications, leases, resident assessment materials, tenant files, and Authority policies and procedures. Upon reasonable notice to the Authority, representatives for the United States shall be permitted to inspect and copy any records related to this Consent Order and/or inspect any public housing unit within the Authority at any and all reasonable times so as to determine compliance with the Consent Order, provided, however, that the United States shall endeavor to minimize any inconvenience to the Authority.
26. The United States may take steps to monitor the Authority compliance with the Consent Order including, but not limited to, conducting fair housing tests at the Authority to determine if the Authority is violating any part of this Order.
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VI. DAMAGES FOR AGGRIEVED PERSONS OF AGE 27. Within fifteen (15) days of the date of entry of this Order, the Authority shall pay Ms. Green ten thousand dollars ($1 0,000) in monetary damages and Anias LawTence four thousand and two hundred fifty dollars ($4,250) in monetary damages. The Authority shall pay said monetary damages by sending to the United States a check in the amount of ten thousand dollars ($10,000) payable to Kathy Green and a check in the amount of four thousand and two hundred fifty dollars ($4,250) payable to Anias Lawrence. 28. Upon receipt of the checks, the United States shall send the Authority an executed Release of all claims (in the form of Appendix A), legal or equitable, that Kathy Green and/or Anias Lawrence might have against the Authority relating to the claims asserted in the abovecaptioned civil action and any other action pending with HUD stemming from the above allegations.
VII. DAMAGES FOR N.L., A MINOR 29. Within fifteen (15) days of the date of entry of this Order, the Authority shall pay N.L four thousand and two hundred fifty dollars ($4,250) in monetary damages. 30. The Authority shall pay said monetary damages by sending to the United States a check in the amount of four thousand and two hundred fifty dollars ($4,250) payable to Kathy Green in her capacity as parent and natural guardian of N.L Kathy Green, as parent and natural guardian of N.L, shall be required to accept the monetary damages on behalf of N.L and shall deposit the monetary damages as required herein, without being required to post surety or performance bond.
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31. Upon receipt of the monetary damages paid to and for the benefit of the minor child, N.L., Kathy Green shall deposit N.L.'s monetary damages (in the amount of four thousand and two hundred fifty dollars ($4,250)) in an interest-bearing account in an FDIC insured banking institution, that has its principal place of business within the State of West Virginia, in the name of the minor child, N.L. (the "Account"), within five business days following the date on which the monetary damages are received.
32. The Account shall be established and structured so that the funds deposited therein shall be payable by said banking institution to N.L. alone, provided that she (I) presents proper photo-identification; and has obtain the age of majority. For purposes of this Order the age of majority shall be eighteen (18) years of age.
33. At such time as the monetary damages intended for N.L. are deposited in a banking institution in accordance with the terms of this Order, the United States and Kathy Green, N.L. 's parent and natural guardian, shall file with this Court a status report confirming that the monetary damages intended for N.L. have been deposited in a banking institution in compliance with this Order.
34. Upon receipt of the check in the amount of four thousand and two hundred fifty dollars ($4,250) representing the monetary damages intended for N.L., the United States shall provide to the Authority an executed Release of all claims (in the form of Appendix A), legal or equitable, that N.L. might have against the Authority relating to the claims asserted in the abovecaptioned civil action and any other action pending with HCD stemming from the allegation set forth in the Complaint.
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35. This Court shall retain jurisdiction of this matter for the purpose of considering any issue which may arise with respect to the settlement of the claims of the minor child, N.L., and the distribution, payment and deposit of the monetary tor and on behalf of N.L.
VIII. SCOPE OF CONSENT ORDER 36. The provisions of this Consent Order shall apply to the Authority, its employees, agents, assigns, successors-in-interest, and all persons in active concert or participation with it.
IX. MODIFICATIONS, ATTORNEY'S FEES AND COSTS, AND REMEDIES FOR NON-COMPLIANCE
37. A.ny time limits for performance imposed by this Consent Order may be extended by the mutnal written agreement of the parties. The other provisions of this Consent Order may be modified by written agreement of the parties or by motion to the Court. If the modification is by written agreement of the parties, then such modification will be effective thirty (30) days from the date of the filing of the written agreement with the Court, and shall remain in effect for the duration of the Consent Order or until such time as the Court indicates through a written order that it has not approved the modification.
38. The parties to this Consent Order shall be responsible for their ovm attorney's fees and court costs, except as provided for in Paragraph 39 below.
39. The parties to this Consent Order shall endeavor m good faith to resolve informally any differences regarding the interpretation of and compliance with this Consent Order prior to bringing such matters to the Court for resolution. However, in the event the United States contends that there has been a failure by the Authority, whether willful or otherwise, to perform in a timely manner any act required by this Consent Order or otherwise
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comply with any provision thereof, the United States may move the Court to impose any remedy

authorized by law or equity, including, but not limited to, an order requiring the performance of

such act or deeming such act to have been performed, and an award of any damages, costs, and

attomey's fees which may have been occasioned by the Authority's violation or failure to

perform.

X. RETENTION OF JURISDICTION

40. This Consent Order shall be in effect for a period of three (3) years from its date

of entry. The Court shall retain jurisdiction for the duration of this Consent Order to enforce its

terms after which time this case shall be dismissed with prejudice. The United States may move

the Court to extend the duration of the Consent Order in the interests of justice.

IT IS SO ORDERED.

This 26th day of April

2012.

/s/ Frederick P. Stamp, Jr. FREDERJCK P. STAMP, JR. U'NITED STATES DISTRJCT JUDGE

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Approved as to form and substance:
ouaing-Authority:
1\.VID L. DELK, JR. Baclunan, Hess, Bachmann, & Garden, PLLC 1226 Chaplihe Street P.O. Box ::iS! Wheeling, WV 26003 :Phone: (304) 233~3511 Facsimile: (304) 233-3199 . E-mail: ddelk@bhbglaw.com

For the United States:
·Assistant United StatesAttoni.ey N01thern District of West Virginia P.O. Box 591 Wheeling, WV 26003 Telephone: (304) 234-0100 Facsimile: (3 04) 234-01 I2 Email: Alan.MoGonigal@usdoj.gov

THOMAS E. PEREZ Assistant Attorney General Civil Rights Division

Is/ Beth Frank
STEVEN Fi. ROSENBAUM, Chief
REBECCA B. BOND, Dep~ty Chief

BETH Fltt\NK, Attorney

Housing and Civil Enforcement Section

Civil Rights Division

·

United States Department of Justice

950 Pennsylvania Avenue, N. W. Northwestern Building, 71h Floor .

Washington, DC 20530

·

Beth.Frank@usdoj.gov

Phone: (202) 305-8196

Facsimil.e: (202) 514-1116

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APPENDIX A

RELEASE OF ALL CLAIMS

In consideration for the parties' agreement to the terms of the Consent Order entered by

the Court in United States v. Wheeling Housing Authoritv, Case No. 05:11-cv-00009 in the

United States District Court for the Northern District of West Virginia and the \\'heeling Housing

Authority's payment to me of

pursuant to the Consent Order, I hereby release

and forever discharge all claims related to the facts at issue in the litigation referenced above, or

in any way related to that litigation, and any other claims arising from the discrimination alleged

in that litigation up to and including the date of execution of this release, that I may have against

Defendant %eeling Housing Authority, and any and all past and present directors, officers,

agents, managers, supervisors and employees of the \\'heeling Housing Authority, and their heirs,

executors, administrators, successors or assigns.

Executed this~~ day of~---~ ,20_.

Case 5:11-cv-00009-FPS Document 24 Filed 04/26/12 Page 16 of 18 PageID #: 182
APPENDIXB
NONDISCRIMINATION POLICY
It is the policy of the \Vheeling Housing Authority to comply with Title VIII of the Civil Rights Act of 1968 (commonly ]mown 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 the Wlleeling Housing Authority and all agents and employees of the Wheeling Housing Authority with the responsibility for renting, managing or administering any dwelling units must not discriminate on the basis of race in any aspect of the rental of dwellings to qualified applicants or tenants. Such agents and employees must refrain from:
A. Discriminating against a person in the terms, conditions, or privileges of the rental of a dwelling or in the provision of services or facilities in connection with such dwelling, because of the race of that person, a person residing or intending to reside in the dwelling after it is rented, or any person associated with that person; and
B. Coercing, intimidating, threatening, or interfering with a person in the exercise or enjoyment of, or on account of their having exercised or enjoyed, or on account of their having aided or encouraged any other person in the exercise or enjoyment of, a right granted or protected by section 804 of the Fair Housing 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 race 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 the Wl1eeling Housing Authority or any of its agents or employees may contact the U.S. Department of Housing and Urban Development at 1-800-669-9777, or the U.S. Department of Justice atl-800-896-7743.

Case 5:11-cv-00009-FPS Document 24 Filed 04/26/12 Page 17 of 18 PageID #: 183

APPENDIXC

EMPLOYEE ACKNOWLEDGMENT

I acknowledge that on

_ _, 201_, I was provided with a copy of the

Consent Order entered by the Court in United States v. Wheeling Housing Authority, Case No.

05: 11-cv-00009 in the United States District Court for the Northern District of West Virginia,

and with a copy of the \\'heeling Housing Authority's Nondiscrimination Policy. 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.

[PRINT NAME]

[SIGNATURE]

[JOB TITLE]

Case 5:11-cv-00009-FPS Document 24 Filed 04/26/12 Page 18 of 18 PageID #: 184

APPENDIXD

EMPLOYEE TRAINING CERTIFICATION

I certify that on

, 201_, I received training with respect to my

responsibilities under the Consent Order entered by the Court in United States v. Wheeling

Housing Authorijy, Case No. 05:11-cv-00009 in the United States District Court for the Northern

District of West Virginia, and the federal Fair Housing Act. I have had the opportunity to have

my questions about them answered. I understand my legal responsibilities not to discriminate

under the federal fair housing laws, including the Fair Housing Act, and shall comply with those

responsibilities.

[PRINT NAME]

---·

''''"-~---~

[SIGNATURE]

[JOB TITLE]

 
 Case 5:11-cv-00009-FPS Document 27 Filed 05/30/13 Page 1 of 2 PageID #: 196

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF WEST VIRGINIA

UNITED STATES OF AMERICA,
Plaintiff, v. WHEELING HOUSING AUTHORITY
Defendant.

) ) ) ) ) ) Case No. 05:11-cv-00009 ) ) ) ) )

AGREEMENT TO MODIFY CONSENT ORDER

A Consent Order in the above-captioned civil action was entered by this Court on April

26, 2012, resolving the allegations contained in the Complaint filed by the United States that

Defendant Wheeling Housing Authority (hereinafter the “Authority”) violated the Fair Housing

Act (hereinafter “FHA” or “the Act”), 42 U.S.C. §§ 3601-3619. Pursuant to Paragraph 37 of the

Consent Order, the United States and the Authority agree to modify the terms of Paragraph 19 of

the Consent Order to read as follows:

19. The Authority shall establish and adopt a policy to contact the Wheeling Police

Department within seven (7) days of receiving notification, from a resident or another source,

that the Wheeling Police Department has visited the Hil-Dar Apartment Complex, to collect any

reports of such police visits. In addition, the Authority shall establish and adopt a policy to

review video footage from the dates of the reported police visits from the surveillance cameras

placed throughout the Hil-Dar Apartment Complex.

Case 5:11-cv-00009-FPS Document 27 Filed 05/30/13 Page 2 of 2 PageID #: 197

The undersigned hereby consent to and agree to modify Paragraph 19 of the Consent Order.
Dated May 30, 2013
For the Defendant, Wheeling Housing Authority:
/s/ David L. Delk David L. Delk Grove & Delk, PLLC 44 ½ Fifteenth Street Wheeling, WV 26003 Phone: (304) 905-1961 Fax: (304) 905-8628 E-mail: ddelk@grovedelklaw.com

For the United States:
WILLIAM J. IHLENFELD, II United States Attorney
/s/ Alan G. McGonigal By: ALAN MCGONIGAL WV Bar No. 6075 Assistant United States Attorney Northern District of West Virginia P.O. Box 591 Wheeling, WV 26003 Telephone: (304) 234-0100 Facsimile: (304) 234-0112 Email: Alan.McGonigal@usdoj.gov

THOMAS E. PEREZ Assistant Attorney General Civil Rights Division
/s/ Beth Frank STEVEN H. ROSENBAUM, Chief SAMEENA SHINA MAJEED, Deputy Chief BETH FRANK, Attorney Housing and Civil Enforcement Section Civil Rights Division United States Department of Justice 950 Pennsylvania Avenue, N.W. Northwestern Building, 7th Floor Washington, DC 20530 Beth.Frank@usdoj.gov Phone: (202) 305-8196 Facsimile: (202) 514-1116

 
 Case 5:11-cv-00009-FPS Document 29 Filed 03/18/14 Page 1 of 2 PageID #: 204

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF WEST VIRGINIA

UNITED STATES OF AMERICA,
Plaintiff, v. WHEELING HOUSING AUTHORITY,
Defendant.

) ) ) ) ) ) Case No. 05:11-cv-00009 ) ) ) ) )

ORDER TO DISTRIBUTE MONETARY DAMAGES TO MINOR, WHEN AGE OF MAJORITY IS REACHED

A Consent Order in the above-captioned civil action was entered by this Court on April

26, 2012, resolving the allegations contained in the Complaint filed by the United States that

Defendant Wheeling Housing Authority violated the Fair Housing Act, 42 U.S.C. §§ 3601-3619.

1. Pursuant to Paragraphs 29-35 of the Consent Order entered by this Court on April 26, 2012, the distribution of Four Thousand and Two Hundred Fifty Dollars ($4,250) to the minor child, N.L., was deposited in an interest-bearing account in an FDIC insured banking institution which has its principal place of business within the State of West Virginia in the name of the minor child, N.L., on May 16, 2012.

2. The account was established and structured so that the funds deposited therein shall be payable by said financial institution to N.L. alone upon proper presentation of identification after she obtains the age of majority, at which time the principal, and any accrued interest, shall be paid over to N.L.

Case 5:11-cv-00009-FPS Document 29 Filed 03/18/14 Page 2 of 2 PageID #: 205
3. On May 24, 2012, the United States, filed with the clerk of this Court written acknowledgment from said financial institution that said funds have been deposited for the minor child, N.L., in an interest-bearing account and that said funds may only be withdrawn by N.L. upon reaching the age of majority and pursuant to further order of the Court.
4. The minor child, N.L., will reach the age of majority on April 1, 2014. 5. On April 1, 2014, at the time N.L. reaches the age of majority, and with the proper
presentation of identification after she obtains the age of majority, the principal, and any accrued interest, shall be paid over to N.L.
IT IS SO ORDERED. This 18th day of __M_a_r_c_h_______2014.
/s/ Frederick P. Stamp, Jr FREDERICK P. STAMP, JR. UNITED STATES DISTRICT JUDGE .

 
 Case: 5:11-cv-9 As of: 05/18/2016 01:12 PM EDT 1 of 4
U.S. District Court Northern District of West Virginia (Wheeling) CIVIL DOCKET FOR CASE #: 5:11−cv−00009−FPS

CLOSED

UNITED STATES OF AMERICA v. Wheeling Housing Authority Assigned to: Senior Judge Frederick P. Stamp, Jr Cause: 42:405 Fair Housing Act
Plaintiff

Date Filed: 01/14/2011 Date Terminated: 04/26/2012 Jury Demand: None Nature of Suit: 443 Civil Rights: Accomodations Jurisdiction: U.S. Government Plaintiff

UNITED STATES OF AMERICA

represented by Alan G. McGonigal U.S. Attorney's Office − Whg PO Box 591 Wheeling, WV 26003 (304) 234−0100 Fax: 304−234−0112 Email: alan.mcgonigal@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Beth Frank US Department of Justice Civil Rights Division, HCE 950 Pennsylvania Avenue, N.W. Washington, DC 20530 (202) 305−8196 Fax: (202) 514−1116 Email: Beth.Frank@usdoj.gov LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Steven H. Rosenbaum U.S. Dept. of Justice Civil Rights Division 950 Pennsylvania Ave., NW Washington, DC 20530 (202) 514−2188 LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant Wheeling Housing Authority

represented by David L. Delk , Jr. Grove &Delk, PLLC 44 1/2 15th Street Wheeling, WV 26003 (304) 905−1961 Fax: 304−905−8628 Email: ddelk@grovedelklaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Alan G. McGonigal (See above for address) ATTORNEY TO BE NOTICED

Case: 5:11-cv-9 As of: 05/18/2016 01:12 PM EDT 2 of 4

Date Filed 01/14/2011 01/14/2011 01/19/2011 02/11/2011 04/11/2011 04/12/2011
06/13/2011 06/14/2011
07/05/2011 07/05/2011 07/15/2011 03/19/2012 03/19/2012 03/27/2012

# Docket Text
1 COMPLAINT against Wheeling Housing Authority, filed by UNITED STATES OF AMERICA. (Attachments: # 1 Civil Cover Sheet).(copy to Judge)(soa) (Entered: 01/18/2011)
2 MOTION for Leave for Beth Frank to Appear Pro Hac Vice by UNITED STATES OF AMERICA. (Attachments: # 1 Text of Proposed Order)(copy to Judge)(soa) Modified on 1/18/11 to insert name and regenerate NEF. (Entered: 01/18/2011)
4 ORDER: Granting 2 Motion for Leave to Appear Pro Hac Vice of Beth Frank Signed by Senior Judge Frederick P. Stamp, Jr on 1/19/11. (soa) (Entered: 01/19/2011)
5 WAIVER OF SERVICE Returned Executed by UNITED STATES OF AMERICA. UNITED STATES OF AMERICA waiver sent on 2/10/2011, answer due 4/11/2011. (Attachments: # 1 Attachment Notice of Lawsuit and Request for Waiver of Service of Summons)(McGonigal, Alan) (Entered: 02/11/2011)
6 Defendant's Answer and Affirmative Defenses to Complaint ANSWER to Complaint by Wheeling Housing Authority.(Delk, David) (Entered: 04/11/2011)
7 ORDER −− FIRST ORDER AND NOTICE REGARDING DISCOVERY AND SCHEDULING:
***NOTICE TO ATTORNEYS*** : Pursuant to Rule 7.1 of the Federal Rules of Civil Procedure, ALL Non−governmental CORPORATE parties must file a DISCLOSURE STATEMENT with the Court. Forms are available on the Court's Web Site at http://www.wvnd.uscourts.gov/forms.htm
Rule 26 Meeting to be held by 6/6/2011. Rule 26 Meeting Report due by 6/13/2011. Initial Discovery disclosures due by 7/5/2011. Signed by Senior Judge Frederick P. Stamp, Jr on 4/12/11. (soa) (Entered: 04/12/2011)
8 REPORT of Rule 26(f) Planning Meeting. (McGonigal, Alan) (Entered: 06/13/2011)
9 SCHEDULING ORDER: Amended Pleadings and Joinder of Parties due by 1/27/2012. Discovery due by 3/30/2012. Motions due by 4/13/2012. Proposed Pretrial Order due by 7/3/2012. Pretrial and Settlement Conference set for 7/9/2012 02:15 PM in Judge Stamp Chambers before Senior Judge Frederick P. Stamp Jr. Bench Trial set for 7/24/2012 08:30 AM in Wheeling District Judge Courtroom, South before Senior Judge Frederick P. Stamp Jr. Signed by Senior Judge Frederick P. Stamp, Jr on 6/14/11. (cc) (c to counsel Rosenbaum by regular U.S.Mail) Modified on 6/15/2011 to correct trial time. (cc). NEF REGENERATED (Entered: 06/14/2011)
10 Corporate Disclosure Statement by Wheeling Housing Authority. (Delk, David) (Entered: 07/05/2011)
11 Defendant's Initial Disclosures Pursuant to Federal Rule of Civil Procedure 26(a)(1)(A) Other Document filed by Wheeling Housing Authority. (Delk, David) (Entered: 07/05/2011)
12 CERTIFICATE OF SERVICE by UNITED STATES OF AMERICA re United States Rule 26 Disclosures (McGonigal, Alan) (Entered: 07/15/2011)
13 MOTION (Unopposed Motion) to Enter Consent Order and Distribute Monetary Damages to Minor Child by UNITED STATES OF AMERICA. (Attachments: # 1 Text of Proposed Order)(McGonigal, Alan) (Entered: 03/19/2012)
14 CERTIFICATE OF SERVICE by UNITED STATES OF AMERICA re 13 MOTION (Unopposed Motion) to Enter Consent Order and Distribute Monetary Damages to Minor Child (McGonigal, Alan) (Entered: 03/19/2012)
15 ORDER re 13 MOTION (Unopposed Motion) to Enter Consent Order and Distribute Monetary Damages to Minor Child filed by UNITED STATES OF AMERICA : Conference to Discuss Appointment of GAL set for 4/2/2012 10:00

Case: 5:11-cv-9 As of: 05/18/2016 01:12 PM EDT 3 of 4

03/28/2012
03/30/2012 04/03/2012
04/10/2012 04/23/2012
04/23/2012 04/24/2012 04/26/2012 04/26/2012
05/24/2012 05/30/2013

AM in Judge Stamp Chambers before Senior Judge Frederick P. Stamp Jr. Signed by Senior Judge Frederick P. Stamp, Jr on 3/27/12. (soa) (copy mailed to S. Rosenbaum) (Entered: 03/27/2012)
16 ORDER RESCHEDULING CONFERENCE re 13 MOTION (Unopposed Motion) to Enter Consent Order and Distribute Monetary Damages to Minor Child filed by UNITED STATES OF AMERICA. Conference rescheduled for 4/3/2012 02:30 PM in Judge Stamp Chambers before Senior Judge Frederick P. Stamp Jr. (Rescheduling the conference set in Docket Entry No. 15)(copy mailed to S. Rosenbaum) Signed by Senior Judge Frederick P. Stamp, Jr on 3/28/12. (soa) (Entered: 03/28/2012)
17 Intention to Participate by Phone In Conference Other Document filed by Wheeling Housing Authority. (Delk, David) (Entered: 03/30/2012)
18 MINUTE ENTRY:
***NOTICE*** THE ATTACHED DOCUMENT IS NOT ACCESSIBLE. IT IS FOR STATISTICAL PURPOSES ONLY.
Proceedings held before Senior Judge Frederick P. Stamp, Jr: Motion Hearing held on 4/3/2012 re 13 MOTION (Unopposed Motion) to Enter Consent Order and Distribute Monetary Damages to Minor Child filed by UNITED STATES OF AMERICA. (Court Reporter Cindy Knecht.) (soa) (Entered: 04/04/2012)
19 ORDER Scheduling Evidentiary Hearing re 13 MOTION (Unopposed Motion) to Enter Consent Order and Distribute Monetary Damages to Minor Child filed by UNITED STATES OF AMERICA. Evidentiary Hearing set for 4/23/2012 01:15 PM in Wheeling District Judge Courtroom, South before Senior Judge Frederick P. Stamp Jr. Signed by Senior Judge Frederick P. Stamp, Jr on 4/10/12. (soa) (Entered: 04/10/2012)
20 MINUTE ENTRY:
***NOTICE*** THE ATTACHED DOCUMENT IS NOT ACCESSIBLE. IT IS FOR STATISTICAL PURPOSES ONLY.
Proceedings held before Senior Judge Frederick P. Stamp, Jr: Evidentiary Hearing re 13 MOTION (Unopposed Motion) to Enter Consent Order and Distribute Monetary Damages to Minor Child filed by UNITED STATES OF AMERICA held on 4/23/2012. Court approves Settlement. (Court Reporter Cindy Knecht.) (soa) (Entered: 04/23/2012)
21 Witness List of Evidentiary Hearing.(soa) (Entered: 04/23/2012)
22 Proposed Consent Order by UNITED STATES OF AMERICA. (McGonigal, Alan) (Entered: 04/24/2012)
24 CONSENT ORDER: This Consent Order shall be in effect for a period of three (3) years from its date of entry. Signed by Senior Judge Frederick P. Stamp, Jr on 4/26/2012. (kac) (Copy to counsel) (Entered: 04/26/2012)
25 ORDER CONFIRMING PRONOUNCED ORDER OF THE COURT APPROVING SETTLEMENT AND DISMISSING CASE: The settlement between the parties which includes a minor beneficiary is hereby APPROVED. Further, as all matters in controversy in this matter have been settled and resolved, this civil action is DISMISSED WITH PREJUDICE. Signed by Senior Judge Frederick P. Stamp, Jr on 4/26/2012. (kac) (Copy to counsel) (Entered: 04/26/2012)
26 STATUS REPORT by UNITED STATES OF AMERICA. (Attachments: # 1 Attachment Declaration of Michael J. Stickley, # 2 Exhibit A − Signature card, # 3 Exhibit B − Release of claims)(McGonigal, Alan) (Entered: 05/24/2012)
27 Agreement to Modify Consent Order Other Document re 24 Order filed by UNITED STATES OF AMERICA. (McGonigal, Alan) (Entered: 05/30/2013)

Case: 5:11-cv-9 As of: 05/18/2016 01:12 PM EDT 4 of 4

03/17/2014 03/18/2014

28 MOTION to Distribute Monetary Damages to the Minor Child When Age of Majority is Reached as filed by Wheeling Housing Authority. (Attachments: # 1 Text of Proposed Order to Distribute Monetary Damages to Minor When Age of Majority is Reached)(McGonigal, Alan) (Entered: 03/17/2014)
29 ORDER: Granting 28 Motion For Distribution of Monetary Damages to Minor When Age of Majority is Reached; money may be distributed to minor on 4/1/14, upon proper presentation of identification. Signed by Senior Judge Frederick P. Stamp, Jr on 3/18/14. (soa) (Entered: 03/18/2014)