UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA DUBLIN DIVISION

UNITED STATES OF AMERICA, )

)

Plaintiff

)

)

v.

)

)

HOUSING AUTHORITY OF THE )

CITY OF EASTMAN, GEORGIA )

)

Defendant.

)

_____________________________ )

COMPLAINT

CASE NO:

The United States of America alleges:

1. This action is brought by the United States of America to enforce the provisions of

the Fair Housing Act, as amended, 42 U.S.C. '' 3601 et seq.

2. This Court has jurisdiction over this action under 28 U.S.C. '1345 and 42 U.S.C.

' 3614(a).

3. Venue is proper in this judicial district under 28 U.S.C. ' 1391(b). T he events

giving rise to this action occurred in this judicial district, and the property that is the subject of this

action is situated in this judicial district.

4. Defendant Eastman Housing Authority (AEHA@) is a public body corporate and

politic created to provide decent, safe and sanitary dwellings to persons of low income in Dodge

County, Georgia. G a. Code ' 8-3-1 et seq. The EHA owns and maintains nine public housing

developments located in the City of Eastman and surrounding areas.

5. The EHA public housing developments are dwellings within the meaning of the

Fair Housing Act, 42 U.S.C. ' 3602(b).

6. The Defendant has at all times relevant to this Complaint had the authority to control and direct the agents who committed the discriminatory actions stated herein.
7. The Defendant and its agents and/or employees have engaged in a pattern or practice of discrimination based upon race or color in connection with the rental of dwellings in EHA housing developments in violation of the Fair Housing Act by, among other ways:
(a) steering applicants and residents to housing complexes based on race or color; (b) selecting white applicants over eligible black applicants who had higher positions
on the EHA=s waiting list so that white applicants could be housed in vacant units in majority white complexes; (c) selecting black applicants over eligible white applicants who had higher positions on the EHA=s waiting list so that white applicants would not be housed in vacant units in majority black complexes; (d) providing inferior treatment to black tenants in the terms, conditions, and/or privileges of rental of EHA properties, and/or the provision of services or facilities in connection with rental of EHA properties. 8. The conduct of the Defendant as described in Paragraph 7 constitutes: (a) A refusal to rent, a refusal to negotiate for the rental of, and conduct
otherwise making unavailable or denying dwellings to persons because of race or color in violation of 42 U.S.C. ' 3604(a); and (b) Discrimination in the terms, conditions, or privileges of rental of dwellings, and the provision of services or facilities in connection with rental of dwellings, on the basis of race or color in violation of 42 U.S.C. ' 3604(b).
2

9. The conduct of the Defendant, as described herein, was intentional, willful, and taken in disregard for the rights of others.
10. The conduct of the Defendant, as described herein, constitutes: (a) A pattern or practice of resistance to the full enjoyment of rights secured by the Fair Housing Act, 42 U.S.C. ' 3601 et seq.; and (b) A denial to a group of persons of rights granted by the Fair Housing Act, 42 U.S.C. ' 3601 et seq., which denial raises an issue of general public importance.
11. Individuals who were subjected to the Defendant’s discriminatory housing practices are aggrieved persons as defined by the Fair Housing Act, 42 U.S.C. ' 3602(i), and have suffered actual injury and damages as a result of the Defendant’s conduct as described herein.
WHEREFORE, the United States prays that the Court enter an order that: A. Declares that the Defendant’s policies and practices, as alleged herein, violate the Fair Housing Act, as amended, 42 U.S.C. '' 3601 et seq.; B. Enjoins the Defendant, its agents, employees and successors, and all other persons in active concert or participation with them, from:
(1) Discriminating on the basis of race or color against any person in any aspect of the rental of a dwelling; and
(2) Discriminating on the basis of race or color against any person in the terms, conditions, or privileges, of rental of a dwelling, or in the provision of services or facilities in connection with rental of a dwelling; and 3

C. Awards monetary damages to each person aggrieved by the Defendant’s discriminatory housing practices, pursuant to 42 U.S.C. ' 3614(d)(1)(B).
4

The United States further prays for such additional relief as the interests of justice may require. Dated ____________________________
Respectfully submitted,
ERIC H. HOLDER, JR. Attorney General

EDWARD J. TARVER United States Attorney

_________________________________ THOMAS E. PEREZ Assistant Attorney General Civil Rights Division

________________________________ STEVEN H. ROSENBAUM Chief Housing and Civil Enforcement Section Civil Rights Division

_/S/ Kenneth D. Crowder___________ KENNETH D. CROWDER Assistant United States Attorney United States Attorney=s Office Southern District of Georgia P.O. Box 2017 Augsuta, GA 30903 Georgia Bar No. 123985 Phone: (706) 724-0517 Fax: ( 706) 724-7728 Ken.Crowder@usdoj.gov

________________________________ REBECCA B. BOND Deputy Chief PATRICIA L. O=BEIRNE Trial Attorney Housing and Civil Enforcement Section Civil Rights Division U.S. Department of Justice 950 Pennsylvania Ave., N.W. - G St. Washington, D.C. 20530 Phone: ( 202) 307-6264 Fax: ( 202) 514-1116 Patricia.O=Beirne@usdoj.gov

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+ Case 3:10-cv-00075-DHB -WLB Document 3 Filed 10/18/10 Page 1 of 28

O--RIGINAL

U.S. DISTRICT COURT

SOUTHERN DISTRICT OF GE

IN THE UNiTED STATES DISTRICT COURT FOR THE SOUIHERJ'4 DISTRICT OF GEOWIA

DIVISION
FILED iN OFFICE
M.

DTALIN DIVISION

Deputy Clark UNMD STATES OF ANMRICA, )

Plaintiff

CASENO: 3:10-CV-075

I!,

HOUSING AUTHORITY OF THE
CITY OF EASTMAN, GEORGIA;

Defendant.

)

CONSENT DECREE I. INTRODUCTION I. The United States initiated this action to enforce the Fair Housing Act, as amended, 42 U.S.C. § 3 60 1, et seq. ("PHA"). The United States' complaint alleges that the Defendant, Housing Authority of the City of Eastman, Georgia ("EHA"): (I) refused to reut refused to negotiate for the rental of or otherwise made unavailable or denied dwellings to persons because of race or color in violation of 42 U-S.C. § 3604 (a); (2) discriminated in the terms, conditions, or privileges, of rental dwellings on the basis of race or color in violation of 42 U.S.C. § 3604(b); and (3) the Defendant's conduct constitutes: a pattern or practice of resistance to the full enjoyment of rights secured by the Fair Housing Act and a denial to a group of persons of rights granted by the Fair Housing Act,, which denial raises an issue of general public importance. 2. Specifically, the United States alleges that the EHA violated these provisions of the Act by, among other ways, (1) steering applicants and residents to housing complexes based on race or color; (2) selecting white applicants over eligible black applicants who had higher
1

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positioson. the EHA's waiting list so that white applicants could be housed in vacant units in majority white complexes; (3) selecting black applicants over eligible white applicants who had higher positions on the EHA's waiting list so that white applicants would not be housed in vacant units in majority black complexes; and (4) providing inferior treatment to black tenants in the tcizris, conditions, and/or privileges of a rental at the EHA properties. The tiultcd States alleges that the EaA accomplished these results by violating the policies and procedures that were designed to ensure the color-blind assignment of BRA housing units. The EHA denies the allegations in the United States' complaint and asserts that no such violation or violations occurred, and asserts that it has consistently operated in compliance with the PEA nondiscriir'iion policy adopted by all Department of Housing and Urban Development (ffUD") fcilities.
3. The United States and the EHA desire to avoid costly and protracted litigation and agree that the United States' claims should be settled without further litigation or an evidentiary hearing. Therefore, the United States and the EHA have agreed to the entry of this Consent Decree.
TREBEl?ORE IT IS HEREBY ORDERED; II. GENERAL INJUNCTION
4. The EHA, its employees, agents, and all those acting in concert or participation with the EHA, are hereby enjoined from:
a. Refusing to rent a dwelling, refusing or failing to provide or offer information about a dwelling, or otherwise making unavailable or denying a dwelling to persons because of race or color, or the race or color of any
2

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'I.
person residing in or intending to reside in that dwelling, or of any person associated with them; and 1,. 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 therewith, on the basis of race or color.
ilL. NONDISCRIMINATION POLICY
S. The EHA's responsibilities under this Consent Decree shall apply to each and every residential rental property in which the EHA has or obtains an ownership, management, or other financial interest. A list of residential properties currently owned andior managed by the EHA (hereafter "the Subject Properties") is attathecl at Appendix A. Defendant's sigrzatixe to this Consent Decree serves as a certification of the completeness and accuracy of this list.
6. The BRA shall implement a Nondiscrimination. Policy regarding the rental of dwelling units at the Subject Properties that shall be applied equally to all actual and prospective tenants, regardless of their race or color. The text of the Nondiscrimination Policy shall be in the foini. of Appendix B.
7. Within thirty (30) days after the date of entry of this Consent Decree, the EllA shall: (a) provide a copy of this Consent Decree and the Nondiscrimination Policy to I cfts employees, agents, or anyone acting under their direction, who have responsibility for showing, renting, or managing dwelling units at the Subject Properties; and (b) conduct a question and answer session for all such employees and agents regarding the contents of the Consent Decree and Nondiscrimination Policy. The ERA will secure a signed statement from each agent or employee acknowledging that he or she has received and read the Consent Decree and the Nondiscrimination Policy, has had the opportunity to have questions about the Consent Decree
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I
and Nondiscrimination Policy answered, and agrees to abide by the relevant provisions of the Consent Decree and NondiscrinThion Policy. This statement shall be in The form of Appendix C.
S. The EHA shall provide a copy of this Consent Decree and the Nondiscrimination Policy to each new agent or employee who has responsibility for showiag, renting, or managing dwelling units at the Subject Properties or employee within five (5) days after the agent or employee is hired. The P.HA will secure a signed statement from each such agent or employee in the form of Appendix C.
9. Within thirty (30) days after the date of entry of this Consent Decree, the EHA shall provide a copy of the Consent Decree and Nondiscrimination Policy to all current tenants
10. Within thirty (30) days after the date of entry of this Consent Decree, the EHA shall take the following steps to notify the public of its Nondiscriniia1ion Policy
a. Prominently post at all rental offices the EHA may currently or subsequently use for the rental of dwellings, a fair housing sign no smaller than ten (10) by fourteen (14) inches that indicates that all housing units are available for rent on a nondiscriminatory basis. A poster that comports with 24 C.F.R. Part 110 will satisfy this requirement.
b. include the words "Equal Housing Opportunity" and/or the fair housing logo in all rental advertising conducted by the ERA, its agents, or employees, in newspapers, flyers, handouts, telephone directories and other written materials; on radio, television, internet or other media broadcasts; and an all billboards, signs, pamphlets, brochures and other informational literature. This requirement does not compel the EllA to
4

Case 3:10-cv-00075-DHB -WLB Document 3 Filed 10/18/10 Page 5 of 28
advertise in any of these media, but does require compliance with this provision whenever the BHA so advertises. C. Include the following phrase in the standard rental application and the standard rental agreement used for rental dwelling units, using letters of equal or greater size to those of the text in the body of the document
We are an equal housing opportunity provider. We do not discriminate on the basis of race, color, sex, national origin, religion, disability or fmi1a1 status (having children under age IS) -
W. NONDISCR1M[ATORY PROCEDTJS FOR APPLICATIONS, ASSIGNMENTS,
AND TRANSFERS
11. The parties alcnowledge that the ERA currently operates and will continue to operate pursuant to a HUD-approved 'Admissions and Continued Occupancy PoLicy"("ACOP"). The EllA shall also comply with the procedures in paragraphs 1218 below with respect to the rental of dwellings at the ERA housing corap1ews to ensure compliance with the Fair Housing Act and to ensure that these dwellings are made available for rent on an equal basis and on the same terms and conditions for all persons, irrespective of race or color.
12. Nori,liscrixninatorv Procedures Within sixty (60) days after the date of entry of this Consent Decree, the ERA shall develop and implement uniform, nondiscriminatory procedures for (I) receiving, handling, processing, rejecting, and approving rental inquiries and applications made in-person, by telephone, or by other means; (2) assigning prospective tenants to new units; (3) transferrizig existing tenants to different units; and (4) providing services to tenants (collectively, "Nondiscriminatory Procedures"). The Nondiscriminatory Procedures sEa 11 incorporate at a minimum the requirements set forth in this Section.

Case 3:10-cv-00075-DHB -WLB Document 3 Filed 10/18/10 Page 6 of 28

13. At least thirty (30) days prior to scheduled implementation, the EA shall submit the Nondiscriminatory Procedures to the United States for review and approval and to HUD for

HUIYs review and comment. The United States shall respond within Thirty (30) days and shall not unreasonably withhold its approval, if the United States indicates in writing that it does not

approve the Nondiscriminatory Procedures, or specific provisions thu.L, th.. ipkthwltaLwn ui

the provisions to which the United States objects shall be delayed, and the EHA and the United

States shall seek to resolve their dierences within fourteen (14) days. In the event that the

parties cannot agree, then either party may, within fourteen (14) days thereafter, request the

intervention of the Court. The BHA may implement the Nondiscriminatory Procedures

immediately upon receipt of a no objection notice or upon the expiration of the initial thirty (30)

day period described above without receipt of a response from the United States. For the

duration, of this Consent Decree, the Nondiscriminatory Procedures may be modified only upon

prior approval of the United States. The EllA shall give w.riten notice of the proposed

modifications to counsel for the United States at least thirty (30) days before the modifications

are to take effect.

-

14. The EllA shall post and prominently display the Nondiscriminatory Procedures in

any office where there is rental activity and/or personal contact with applicants, and a copy of the

Nondiscriminatory Procedures shall be offered to all applicants for the rental of a dwelling.

15. Within five (5) days before implementation of the Noridisc±ninatory Procedures,

the EHA shall: (a) provide a copy of the Nond Esc rimill2toxy Procedures to all of its employees,

agents, or anyone acting under their direction, who have responsibility for showing, renting, or

managing dwelling units at the Subject Properties; and (b) conduct a question and answer session

for all such employees and agents regarding the contents of the Nondiscrinthi.atoiy Procedures.

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The EtA. will secure a signed stateroent from each agent or employee acknowledging that he or she has received the Nondiscriminatory Procedures, has had the opportunity to have questions about the Nondiscriminatory Procedures answered, and agrees to abide by the Nondiscriminatory Procedures. This statement shall be in the fonn of Appendix D.
16. The EHA shall provide a copy of the Nondiscriininatoxy Procedures to each new agent or eixIoyee who has responsibility for showing, renting, or managing dwelling units at the Subject Properties or employee within five (5) days after the agent or employee is hired. The BRA will secure a signed statement from each such agent or employee in the form of Appendix D.
17. Within fifteen (1:5) days after implementation of the Nondiscriminatory Procedures, the EHA shall distribute a copy of the Nondiscriminatory procedures to each BHA household.
18. At a minimum, the Noiullscrim{itory Procedures shall include the following a. Guest L. g: the BHA shall develop and maintain a leg that provides the following information, for each person who biqtiirics about renthig EHA housing: 1. the time(s) and date(s) on which the person contacted the EllA; 2. name, address, and daytime and evening telephone numbers; (if the person declines a request to provide this information, the log shall so state); 3. rate; (either as provided by the person or based on the employee's good faith observation); 4. number of persons in the household;
S. name of the BHA employee who received the inquiry;
6. manner of the contact (phone, mail, visit, e-mail, etc.);
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7. result of the contact; and
1
S. whether the person was invited to 1Ji out an application, and, if not, the reasons therefor.

b. Ayailability List the EHA shall develop and update on a daily basis an

Availability List that includes the addresses and unit numbers of all

dwelling units known to be available or reasonably expected to be

available for rental within thirty (30) days, which includes for each

dwelling:

1. the address, apartment nwnber,, and number of bedrooms

2. whether the dwelling is vacant and, if not, the date that the dwelling is scheduled to be vacant;

3. whether the dwelling is available to be moved into and, if not, the date that it is expected to be available for move-1n and

4

the date the list was issued or updated.

C. Preference Indicator Form: the EHA shall create a Preference Indicator

Form, which shall be given to each applicant di.iriug the application

process. The Preference Indicator Form shall fully explain each of the

"preferences" that are available under the EHAs Admissions and

Continued Occupan.cy Policy (ACOP"), and provide a space where the

applicant can indicate which preference(s) the applicant believes he or she

is entitled to, and the reason. In addition, the EllA. shall require all applicants to sign the Preference Inrifeator Form stating that they understand the various preferences available and have had an opportunity

to apply for each one that they believe they are entitled to. The EHA shall

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indicate on the Preference Indicator Form. whether each preference was granted, the date of that decision, and the name of the ERA employee who assisted the applicant. Also, the EHA shall indicate on the Preference Indicator Form which document(s) (or lack thereo1) justify the decision to grant (or deny) each preference and attach such supporting documents. If written records are not available to justify a particular preference, the applicant shall not be eligible for that preference The Preference Indicator Form shall be updated for each applicant when that applicant becomes one of the top five members of the waiting list. cL Waig Lis: the BRA shall develop and maintain a separate waiting list for each size unit that contains each applicants name and race, current address, daytime and evening telephone numbers, the number of household members, and applicable preference(s) (if any). The ERA shall also indicate. for each applicant, the time and date he or she was placed on the list and the name of the ERA employee who received the applicant's application. The rank of each applicant on the Waiting List shah be detenriined in accordance with the ERA' a ACOP. The ERA shall produce an updated Wailing List after each housing placement. e. TransferList The EaA shall develop and maintain a list of residents seeking to transfer to other housing units at the ERA ("Transfer List"). The Transfer List shall contain the resident's name and race, current address, daytime and evening telephone numbers, the number of household members, and the size of unit for which the resident is eligible,
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1
date and time of the transfer request, reason for the transfer request, assigned category, and the ziarne of the EITIA employee who received the transfer request. The rank of each applicant on the traxsfer list shall be determined in accordance with the EHA's ACOP, and paragraph 35 of this Con.st Decree. f. Placement Log: The EllA shall develop and maintain a log that lists all EllA offers of housing. The Placement Log shall include, for each vacant unit: the nam; current address, and daytime and evening telephone numbers of each applicaut considered for placement iu that unit; the time(s) and date(s) on which the EHA attempted to contact each applicant; the name of the EHA employee who attempted to make such contact; the manner of the attempted contact (phone, mall, e-mail. etc.), the result of each attempted contact, whether that applicant was offered the unit, and the applicant's response to the offer. If the highest-ranking applicant currently on the Waiting List for that size unit is not offered the unit, the EHA shall filly explain why on the Placement Log, attaching any supporting documentation. g. RenW Applicatiqia: The EllA shall permit all persons who inquire about renting a dwelling unit the opportunity to complete a written rental application. The EHA shall write legibly oa each rental application filled oat by a prospective tenant the month, day, year, and time that the ERA received, the application. The EllA shall process the applications in the order in which they are received. Within Three (3) days of the decision to
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reject an applicant, the EHA shall return a copy of the applicaflou to the applicant, and explain in writing the reasou for the EHA's decision, including any supporting documentation, and the name of the ERA employee who made the decision, The ERA shall retain all rental applications and copies of correspondence in its files. h. Informa1on to Prospective Applicants: The EllA shall inform all persons who inquire about renting any dwelling that they may fill out an application and, if they qualify, will be put on a waiting list; that they will be offered the first available unit of the sIze they need when they become the highest-ranking applicant on the waiting list, and the consequences of rejecting an offer of housing; and that they will be treated equally, irrespective of race or color. i. Policy for Airmative1y Furthering lair Hoising: The EHA shall develop and Implement a Policy for Aimative1y Furthering Fair Housing that sets out specific steps the ERA will take to reduce racial concentrations in BHA housing, consistent with 24 C.PR. 903.2(d)(2).
19. WIthin one hundred twenty (120) days after the date of entry of this Consent Decree, arid annually thereafter, all agents or employees of the ERA whose duties include the showing, renting, or managing of any dwelling units at any of the Subject Properties shall undergo in-person training on the Fair Rousing Act, with specific emphasis on discrimination on the basis of race or color. All training required by this section shall be conducted by an -
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independent, qualified third party, approved in advance by the United States, and any expenses associated with this training shall be borne by the EHA.
20. At a minimum, the training required in the preceding paragraph shall consist of the followixig
a. informing each attendee of his or her duties and obligations 'under this Consent Decree as well as under the Fair Housing Act;
b. enswing that each attendee receives or has received a copy of this Consent Decree, the Nondiscrimination Policy, and the BHAs written Nondiscriminatory Procedures (as defined in Section IV);
C. explaining that the EHA's Nondiscriminatory Procedures are designed to ensure that racial discriminaTion does nor influenee the process of providing rental information to persons who make inquiries, the process of rnaldng decisions on rental applicaiiorzs, the process of assigning applicants or transfers to units; and. the provision of services related to al of homing;
d. a question and answer session for the purpose of reviewing the thre.goin areas; and
e. securing a signed certification in the form of Appendix E from each attendee indicating that be or she has received, read, and understands this Consent Decree and the EHA's Nondiscriminatory Procedures.
21. Each new agent or employee who has responsibility for showing, renting, or managing dwelling units at the Subject Properties shall 'undergo the training required by paragraphs 19 and 20 above within sixty (60) days after the agent or employee is hired.
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\TL PONDTOWN APARTMENTS 22. Within 90 days after the date of entry of this Consent Decree, the EFLA shall create and submit for approval to the United States a plan for perfoiuiing sit; dweLling Ltcuir; amenity, and other improvements, renovations, and modiiktions to the Pondtown Apartments complex in Rhine, Georgia so that the Pondtown Apartments site and structures will have comparable quality, conditions, materials, and amenities to those at the Swyrzwr Homes complex in Rhine, Georgia. The proposed plan shall include a detailed description of each task, including obti1riu1e approvals, authorizations, and/or funding, as necessary, and a schedule of deadlines for acconiplisbing each task
VII. COMPLIMCE TESTING 23. The United States may take steps to monitor the MA's compliance with this Consent Decree including, but not limited to, conducting fair housing tests at any office(s) in which the EHA.Ø now or in the future, conducts rental activities Viii. IDENTE1CATXON AND COMPENSATION OF AGGRIEVED PERSONS 24. Within thirty (30) days after the date of entry of this Consent t)ecree, the ERA shall deposit in an interest bearing escrow account the total sum of three hundred twenty thousand dollars ($320,000) for the purpose of compensating any persons whom the Court detcrmines may have been harmed by the ERA's discriminatory rental practices ("aggrieved persons"). This money shall be referred to as the "Settlement Fund?' Within ten (10) days after establishing the Settlement Fund, the EHA shall submit proof to the United States that this account has been established and the funds deposited. 25 Any interest accruing to the Settlement Fund shall become a part of the Settlement Fund and be utilized as set forth in this document.
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26. The ERA shall publish and distribute a Notice to Potential Victims of Housing Discrimination (-Nctice"), attached as Appendix F, informing readers of the availability of compensatory funds. The Notice shall be published and distributed as follows:
a. Within sixty (60) days after the date of entry of this Consent Decree, the Notice shall be published on at least four (4) occasions in the Section (or News Section) of the Macon Telegraph arid the Dodge County News, including at least two (2) occasions on Sunday, in a space measuring at least one-quarter (114) of a page;
b. Within thirty (30) days after the date of entry of this Consent Decree, the EHA shall distribute, a copy of the Notice to each current tenant of the Subject Properties, and shall mail a copy of the Notice to the last-known address of all fbnuer tenants who resided at the Subject Properties at any time since January 1, 2000.
27. Aggrieved persons shall have one hundred twenty (120) days after the date of entry of this Consent Decree to contact the United States in response to the Notice.
28. The EllA. shall permit the United States, upon reasonable notice, to inspect and copy any documents, information, or records in its possesori, custody, or coroi, or that of it agents or employees, that the United States believes to be useful in identifying persons who may be entitled to relief under this Consent Decree. Upon request by the United States, the EHA shall provide copies of such records.
29. Nothing in this Consent Decree shall preclude the United States from making its own efforts to locate and provide notice to potential aggrieved persons.
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30. The United States shall investigate the claims of allegedly aggrieved persons and, within one hundred eighty (180) days after the date of entry of this Consent Decree, shall make a preliminary dete iination. of which persons are aggrieved and an appropriate amount of damages that should be paid to each such person. The United States will inform the EllA in writing of its preliminary determinations, together with a copy of a sworn d.ectaratiori from each aggrieved persou setting forth the factual basis of the claim. The EBIA shall have fourteen (14) days to review the declarations and provide to the United States any documents or information that it believes may refute the claims. The parties shall have thirty (30) days to endeavor, in good faith, to resolve any differences regarding the list of persons entitled to monetary relief, and/or the appropriate amount of damages to be awarded to each person, prior to submitting their reconmiendations to the Court for resolution and/or approval-
31. After completion of the process described in paragraph 30, the parties shall submit to the Court theirjoint final recommendations to the Court, if they agree, or separate recommendation% if they do not Within ten. (10) days of a Court order providing for the distribution of funds to aggrieved persons, the ERA shall deliver to the United States checks payable to the aggrieved persons in the amounts approved by the Court.
32. In no event shall the aggregate of all such checks exceed the sum of the Settlement Fund plus any accrued interest.
33. When counsel for the United States has received a check from the EHA payable to an aggrieved person and a signed release in the fonn of Appendix G from the aggrieved person, counsel for the United States shall deliver the check to the aggrieved person and the original, signed release to counsel for the EllA. No aggrieved person shall be paid until he/she has executed and delivered to counsci for the United States the release at Appendix 0.
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34. After the satisfaction ofpararaphs 31 -33 above, and the expiration of the corresponding time periocls any money rernthig in the Settlement Fund shall be released to the

EHA. 35.

For a period of one-hundred and twenty (120) days after the date of entry of the

Court order desorbed in paragraph 31 any aggrieved person who is a current EHA tcusrt may

request a transfer to another housing complex. The tenant may submit his cit hex request to either

the EllA or the United States. The EllA shall process such requests in accordance with sections

165-16.9 of the ACOP, with the exception that transfer requests made pursuant to this paragrapt shall be processed after Category A (Emergency Transfers), and before Category B (Inunediate

Administrative Transfers for Renovation Work) and Category C (Regular Administrative Transfers). Transfer requests pursuant to this section shall be processed prior to assignment of

faiiiies on the EllA's waiting list

Ix. RECORD KEEPING AND REPORTING REQTJIRMENTS

36. Within ninety (90) days after the date of entry of this Consent Decree, and every six (6) months thereafter for the duration of this Consent Decree, the ERA shall deliver to counsel for the United States 1 a report containing information about the EHA's compliance efforts during the preceding reporting jeriod, including but not limited to:
a. photographs of each office in which rental activity is conducted, showing

the fair housing signs and Noridisonmination Policy,, pursuant to Section

Iii of this Consent Decree;

All documents or other communications required by this Consent Decree to be sent to counsel for the United States shall be sent-via overnight delivery, and addressed as follows; Chief, Housing and Civil Enforcement Section, Civil Rights Division s DJ 175-20-107, 1800 G St, NW, Suite 7012, Washington, DC 20006.
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Case 3:10-cv-00075-DHB -WLB Document 3 Filed 10/18/10 Page 17 of 28
b copies of standard rental applications and renal agreements, pursuant to Section IV of this Consent Decree;
c. copies of all Employee Acknowledgment forms, pursuant to Sections ifi and IV of this Consent Decree;
dL copies of all fair housing training certiiications, pursuant to Section V of this Consent Decree;
C. copies of all documents referenced in paragraph 18 generated in the current reporting period,;
f. a copy of the most recent Occupants Directory. 37. Per the duration of this Consent Decree, the EHA shall preserve all records that M the source of, contain, or relate to any of the infoimztion pertinent To the obligations under this Consent Decree, including but not limited to, all documents listed in paragraph IS, as well as records relating to the acquisition of interest in Subject Properties as set out in Section Xl below. Upon reasonable notice, the EllA. shall peimit the United States to inspect and copy all such records or, upon request by the United States, the EHA shall provide copies of such records. 38. For the duration of this Consent Decree, the EllA shall notify the United States in writing within fifteen (15) days of receipt of any complaint, whether written, oral, or in any other form, against the EllA, or against any of its employees or agents, regarding discrimination based on race or color in housing. If the complaint is written the EllA shall provide a copy of it with the noliñcalion.. The notification shall include the full details of the complaint, including the comp1rnT1nt's name, address, and telephone number. The EllA shall also promptly provide the United States all information it may request concerning any such complaint and shall inform the United States 'within fifteen (15) days of any resolution of such complaint.
17

Case 3:10-cv-00075-DHB -WLB Document 3 Filed 10/18/10 Page 18 of 28
X. ACQUISITION OF RESIDENTIAL RENTAL PROPERTY 39. 1f at any time during the term of this Consent Decree, the EllA. acquires a direct or indirect ownership, management or other financial interest in any other residential rental property, said property shall become a Subject Property, subject to all relevant provisions of this Consent Decree. The EHA shall notify counsel for the United States within thirty (30) days of acquiring said interest The notice shall include identication of the nature of the EHA'S interest in the property; the address; the number of individual dwelling units; the number of bedrooms in each unit; the names of any existing tenants; and the race of each such tenant. The ERA shall also include in its notice to counsel for the United States a copy of the documents memorializing the iransfer in interest and a copy of the lease for any existing tenant(s).
XL SCOPE AND DURATION OF CONSENT TItCEZE 40. The provisions of this Consent Decree shall apply to the ERA, its officers agents, employees, successors and assigns, and all persons acting in active concert or participation with them. 41. This Consent Decree shall remain in effect for five (5) years after the date of its entry. By consenting to enhI3r of this Consent Decree, the United States and the EllA agree that in the event the ERA engages in any future violation(s) of the pair Housing Act, such violation(s) shall constitute a "subsequen.t violation" pursuant.to 42 U&C § 314(d)(1)(C)(ii). 42. The Court shall retain jurisdiction for the duration of this Consent Decree to enforce the terms of the Decree, after which time the United States' complaint shall be dismissed with prejudice. The United States may move the Court to extend the duration of this Consent Decree in the interests ofjustice.
XIL REMEDIES l?OR NON-COMPLIANCE
18

Case 3:10-cv-00075-DHB -WLB Document 3 Filed 10/18/10 Page 19 of 28

43. The parties shall endeavor in good faith to resolve informally any differences

regarding interpretation of and compliance with this Consent Decree prior to bringing such

matters to the Court for resolution. However, in the event the United States contends that there

has been a fail= by the BRA, whether willful or otherwise, topeifom in a timely marmer any

act required by this Consent Decree or otherwise to act in conformance with any provision

thereof the United States may move this Court to impose any remedy authorized by law or

equity, including, but not limited to, an order requii±ig performance of such act or deeming such

act to have been peifoimed, and an award of damages, costs, and reasonable attorneys' fees

which may have been occasioned by the violation or failure to peifoim.

XUI. TIME FOR PERFORMANCE

44. Any time limits for performance imposed by this Consent Decree may be

extended by mutual written agreement of the parties. The other provisions of this Consent

Decree may be modified by written agreement of the parties ar by motion to the CourL If the

modification is by written agreement of the parties, then such modification will be effective

within thirty (30) days of Ming the written agreement with the Court, and shall remain in effect

for the dnxalion of this Consent Decree or until such time as the Court indicates through 'written

order that it has not approved the modification.

ADDED BY THE COURT

The Court shall retainjurisdiction over this matter for purposes

of enforcing and adjudicating any disputes arising under this Consent

Decree. During the five year duration of this Consent Decree, this

citasbeecwoimllebneeccleossseadryfionr

all the

purposes of statistical reporting. Should interim, either party may apply to the Court

in writing to reopen this case.

19

I

Case 3:10-cv-00075-DHB -WLB Document 3 Filed 10/18/10 Page 20 of 28

XIV1 COSTS OF LITIGATION 45. Each party to this ii igaüon'rii1 bear its own costs and attorneys' fees associated with this litigatiolL

IT IS so ORDERED this________

By their signatures below, the parties consntto the entry of this Consent Decree.

For the United States:
EDWARD S. TARVBR United States Attorney
_çennetb. D. Ciower KENNETH D. CROWDER Assistant United States Attorney tJnited States Attorney's Of lice Southern Distxict of Georgia P.O. Box 2.017 Augusta GA 30903 Georgia BarNo. 123985 Phone: (706) 724-0517 Fax: (706) 724-7728 Ken.Crowderusdoi _8DV

THOMAS B. PEREZ Assistant Attorney General Civil Rights Division
LALZ L^
STEVEN H. ROSENBATJM Chief REBECCA B. BOND Deputy Chief PATRICIA L. 0 ']RNE Trial Attorney Housing and Civil Bn1orcernnt Section Civil Rights Division U.S. Depailment of 3nstice 950 Pennsylvania Avenue, N.W.-(i St. Waslaington,D.C. 20530 (202) 307-6264 (202) 514-1116 (fax)
aiz.cia.O'Beirnesdo

Case 3:10-cv-00075-DHB -WLB Document 3 Filed 10/18/10 Page 21 of 28
For 1)efeiidt Housinj Authori of the CiW of Eastman, Georgia C. MICHAEL JOHNSON 5414 Anson Avenue
P.O. Box 877
Eastmaz, GA 31023 (478) 374-4255 (47) 3744432 (fax) Statá Bar No. 39281
ij1aw©beUsouth.net
21

+ Case 3:10-cv-00075-DHB -WLB Document 3 Filed 10/18/10 Page 22 of 28 I.
Appendix A LIST OF RESIDENTIAL PROPERTIES SUBJECT TO TillS
CONSENT DECREE Harrell Street Apartments Heitnan Averue Apartments Swynier Homes Pondtown Apartments Ragan Apartments Reddock Homes Stuckey Apartments Eastsde Court Apaitrnents
22

Case 3:10-cv-00075-DHB -WLB Document 3 Filed 10/18/10 Page 23 of 28
Appendix B NONDISCRIMINATION POLICY
It is the policy of the 1ousing Authority of the City of Eastman, Georgia (BHA) to comply with Title VIII of the Civil Rights Act of 1968, as amended,, (commonly known as the Pair Housing Act) by ensuring that apartments are available to all persona without regard to race, color, religion, national origin, disability, familial status or sex. This policy means that, among other things, the ERA and all its agents and employees with the responsibility for renting,
iging or administering any dwelling units must not discriminate in any aspect of the rental of dweBins against qualified applicants or tenants because of race or color- Such agents and employees may not:
A. Reñise to rent, or negotiate for the rental of, or otherwise make unavailable or deny, a dwelling teeny person because of race or color;
B. Discriminate against any person in the terms, conditions or privileges of rental of a dwelling, or in the provision of services or facilities in connection therewith, because of race or color;
C. Make, print, or publish, or cause to be made, printed, or published any notice, statewent or advertisement, with respect to the rental of a dwelling that indicates any preference, limitation, or discrimination based on race or color; or
D. Represent to persons because of race or color that any dwelling is not available for inspection or rental when such dwelling is in fact so available.
Any EHA agent or employee who fails to comply with this Nondiscrimination Policy will be subject to appropriate disciplinary action Any action taken by an agent or employee that results in the unequal service, treatment or behavior to tenants on the basis of race or color 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 agent or employee of the EHA may contact the U.S. Department of Housing and Urban Development at 1-888-799-2085, or the US. Department of Justice at 1-800-896-7743 or 202-514-4713.
23

Case 3:10-cv-00075-DHB -WLB Document 3 Filed 10/18/10 Page 24 of 28

Appendix C
FIISPLOYEE ACKNOWLED GI1ENT CONSENT DECR1 AND ERA NONT1TSCRIMThATION POLICY

I aeknowledge that on

, 200 ... , 1 was provided a copy of the

Consent Decree entered by the Court in United Suges v. Housing Authority of the City of

strnau. C3eo gjaC. ivil Action No.

(S.D. Oa); and the ERA Nondiscrimination

Policy. I have read and understand these documents aud have had my questions about these

documents answwwL I understand my legal responsibilities and shall comply with those

responsibilities.

Signature PrhitNaae Date

24

Case 3:10-cv-00075-DHB -WLB Document 3 Filed 10/18/10 Page 25 of 28

Appendix D
EMPLOYEE ACI(NOWLED GMENT ERA NONDISCRIMINATORY PROCEDURES FOR APPLICATIONS,
ASSIGNMPNTS, AND TRANSFERS

I acknowledge that on

I was provided a copy of the EHA

Nwidiscrimnatory Procedures for Applicañons. Assixnents, and Transfers. t have read and

understand this document and have had my quesUons about this document answered. I

izndrstand my legal iesponsibUities and shall comply with those responsibilities.

Signature

Print Name

Date

25

Case 3:10-cv-00075-DHB -WLB Document 3 Filed 10/18/10 Page 26 of 28

Appendix E

CERTJJICATXON OF FAIR ROUSING ACT TRMNING

On

-, I attended training on the Fair Housing Act

At the trththg It had, or was provided, a copy of this Consent Deere; the ERA

Nondistimiaatoiy Policy, and the EHA Nondiscriminatory Procedures. I have read and

understand these documents and have had eli of my questions concerning these documents and

the Fair Housing Act answered to my satisfaoton.

Signature Prini Name Date

26

Case 3:10-cv-00075-DHB -WLB Document 3 Filed 10/18/10 Page 27 of 28

Appendix F

NOTICE TO POTENTIAL VICTIMS OF HOUSING 018 CRIMENATION BECAUSE OF RACE OR COLOR AT L&STMAN ROUSING AUTHORITY
PROPERTIES

On

P 2010, the United States Disliict Court for the Southern District

of Georgia entered a Consent Decree resolving a housing discrimination lawsuit brought by the

United States against the Housing Authority of the City of Eastman, Georgia (HA). The

lawsuit alleged that the EHA engaged in a pattern or practice of housing discrirr,inatcu bard on

race or color at EHA rental properties, in violation of the federal Fair Rousing Act.

Under the Consent Decree, a Settlement Fund has been established to compensate persons whose rights may have been violated. You may qualify to recover from this Settlement Fund, or for other relief if you, because ofyour race or color, were denied a rental or were delayed in receiving a rental at an EHA. property, were denied a rental unit at a particular ERA property, or were subjected to different terms, conditions, or privileges of the rental of a dwelling.

Ifyoz believe you have been discriminated against because ofrace or color in connection with the Eawnan HoustngAuthoriy, please contact the United States
Department ofJustice at: 1-800-896-7743, ma/Thai xrx.

You may also write o:
United States Department of Justice Rights Division
Ho uthig and Civil Enforcement Section 950 PennsylvanlaAve. N.W. -G St
Wathingfon .DC20530 Attn: DO 175-211-107

You must call or write on or before and your message or letter must Include your name, address, and, if possible, at least TWO telephone numbers where you may be reached.

27

Case 3:10-cv-00075-DHB -WLB Document 3 Filed 10/18/10 Page 28 of 28

Appendix G

RELEASE OF ALL CLAIM

In consideration of and conthigent upon the payment of the aunt of

dollars ($

), pursuant to the Consent Decree entered

in United States v Housing Authority of the City of Eastman, C3eorgia, Civil Action No.

the United States District Court for the Southern District of Georgia (the Action') I hereby

release and forever discharge the Housing Authority of the City of Eastrn.an, Georgia, including

all of its officers, employees, agents, representatives, assignees, and successors in interest, from

any and all liability for any claims, legal or equitable under any source of law, I may have

against any of them aiis$xig in whole or in part out of the factual allegations made in this Action

as of the date of the enhiy of the Consent Decree. I fully acknowledge and agree that this release

shall be binding on my heirs, rcreseutatives, executors, successors.,administrators, and assiges.

I hereby acknowledge that I have read and understand this release and have executed it

voluntarily and with full knowledge of its legal consequences.

Simture

Print Name

Address

Address

Date

28

 
 Case: 3:10-cv-00075-DHB-WLB As of: 12/21/2011 01:24 AM EST 1 of 2

U.S. District Court Southern District of Georgia (Dublin) CIVIL DOCKET FOR CASE #: 3:10−cv−00075−DHB−WLB

CLOSED

United States of America vs. Housing Authority of the City of Eastman, Georgia Assigned to: Judge Dudley H. Bowen Referred to: Magistrate Judge W. Leon Barfield Cause: 42:3601 Fair Housing Act
Plaintiff

Date Filed: 09/07/2010 Date Terminated: 10/18/2010 Jury Demand: None Nature of Suit: 443 Civil Rights: Accommodations Jurisdiction: U.S. Government Defendant

United States of America

represented by Kenneth D. Crowder U.S. Attorney's Office − Augusta P.O. Box 2017 Augusta, GA 30903 706−724−0517 Fax: 706−724−7728 Email: ken.crowder@usdoj.gov ATTORNEY TO BE NOTICED

Patricia L. O'Beirne U.S. Deparment of Justice, Civil Rights Division Voting Section 950 Pennsylvania Ave., NW Washington, DC 20530 202−307−6264 Fax: 202−514−1116 ATTORNEY TO BE NOTICED

Rebecca B. Bond U.S. Dept. of Justice Housing &Civil Enforcement Section 950 Pennsylvania Ave., NW Section (NWB) Washington, DC 20530 202−305−2952 Fax: 202−514−1116 ATTORNEY TO BE NOTICED

Steven H. Rosenbaum U.S. Deparment of Justice, Civil Rights Division, Voting Sec P.O. Box 66128 Washington, DC 20035−6128 202/307−3143 Fax: 202/307−3143 ATTORNEY TO BE NOTICED

V.
Defendant
Housing Authority of the City of Eastman, Georgia

represented by Charles Michael Johnson C. Michael Johnson, Law Office P.O. Box 877 Eastman, GA 31023 478−374−4255 Fax: 478−374−4432 Email: cmjlaw@bellsouth.net ATTORNEY TO BE NOTICED

Case: 3:10-cv-00075-DHB-WLB As of: 12/21/2011 01:24 AM EST 2 of 2

Date Filed 09/07/2010 09/07/2010 10/18/2010
10/20/2011 10/27/2011

# Docket Text
1 COMPLAINT against Housing Authority of the City of Eastman, Georgia, filed by United States of America. (Attachments: # 1 Civil Cover Sheet)(cmr) (Entered: 09/07/2010)
2 NOTICE of Settlement Consent Decree by United States of America (Crowder, Kenneth) (Entered: 09/07/2010)
3 CONSENT DECREE Approved − the Court shall retain jurisdiction over this matter fro purposes of enforcing and adjudicating any disputes arising under this Consent Decree. During the five year duration of this Consent Decree, this case will be Closed for all purposes of statistical reporting. Should it become necessary in the interim, either party may apply to the Court in writing to reopen this case. Each party to bear its own costs and attorneys' fees associated with this litigation. Signed by Judge Dudley H. Bowen on 10/18/10. (cmr) (Entered: 10/18/2010)
4 STIPULATION re 3 Order,, Jt. Recommendation regarding distribution of settlement fund by United States of America. (Crowder, Kenneth) (Entered: 10/20/2011)
5 ORDER approving "Joint recommendation regarding distribution of settlement fund" re 4 Stipulation filed by United States of America. Signed by Judge Dudley H. Bowen on 10/27/11. (cmr) (Entered: 10/27/2011)