Case 2:10-cv-10853-AJT-DAS Document 1 Filed 03/03/2010 Page 1 of 6

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

UNITED STATES OF AMERICA,

)

)

Plaintiff,

)

)

v.

)

)

ACME INVESTMENTS, INC,

)

d/b/a IVANHOE HOUSE

)

APARTMENTS,

)

and LAURIE COURTNEY,

)

)

Defendants. )

______________________________)

COMPLAINT

The United States of America alleges:

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

the Fair Housing Act, Title VIII of the Civil Rights Act of 1968,

(“Fair Housing Act”), 42 U.S.C. §§ 3601 et seq.

2. This Court has jurisdiction over this action pursuant to

28 U.S.C. §§ 1331 and 1345 and 42 U.S.C. § 3614(a).

3. Venue is proper under 28 U.S.C. § 1391(b). The claims

asserted herein arose in the Eastern District of Michigan and

concern or otherwise relate to real property located in the

Eastern District of Michigan.

4. Defendant ACME Investments, Inc., d/b/a Ivanhoe House

Apartments (“Ivanhoe Apartments”) is a domestic corporation

formed in 1972 pursuant to Michigan law with a registered office

address in Troy, Michigan. Defendant Ivanhoe Apartments owns and

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operates the Ivanhoe House Apartments located at 1533 Pine Valley Boulevard in Ann Arbor, Michigan.
5. Defendant Laurie Courtney resides in the Eastern District of Michigan. At all times relevant to this action, she has been the Property Manager at Ivanhoe Apartments.
6. Ivanhoe Apartments are dwellings within the meaning of the Fair Housing Act, 42 U.S.C. § 3602(b).
7. The Fair Housing Center of Southeastern Michigan has conducted a series of tests at Ivanhoe Apartments to evaluate the Defendants’ compliance with the Fair Housing Act and provided the results of that testing to the Department of Justice. The Department of Justice has reviewed that information and also otherwise investigated the Defendants’ housing practices. The investigation has revealed that the Defendants are engaging in practices in the rental of apartments that treat African American persons less favorably from white persons.
8. Since at least January 2008, the Defendants have engaged in practices that discriminate on the basis of race or color. Such practices include, but are not necessarily limited to,
a. Denying the availability of apartments for rent or inspection to African American persons while at the same time telling white persons about apartments available to rent or inspect;
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b. Failing to provide African American persons information about the availability of apartments to rent or inspect that is full, complete, and consistent with the information provided to white persons; c. Failing to provide to African American persons the same terms, conditions, or privileges related to the renting of apartments as are provided to white persons; and d. Refusing to accept or process applications by African American persons because of their race or color. 9. In taking the actions alleged in this Complaint, the Defendants have violated Section 804 of the Fair Housing Act, 42 U.S.C. § 3604, by, among other things, a. Refusing to negotiate for the rental of, or otherwise making unavailable or denying dwellings to persons because of race or color, in violation of 42 U.S.C. § 3604(a); b. Discriminating against persons in the terms, conditions or privileges of rental, or in providing services in connection therewith, because of race or color, in violation of 42 U.S.C. § 3604(b); and c. Representing to persons because of race or color that dwellings are not available for inspection or rental when such dwellings are in fact so available, in violation of 42 U.S.C. § 3604(d).
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10. The conduct of the Defendants as alleged in this Complaint constitutes:
a. A pattern or practice of resistance to the full enjoyment of rights granted by the Fair Housing Act, 42 U.S.C. §§ 3601 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. There are persons who have been harmed by the discriminatory housing practices engaged in by the Defendants. Such persons have been injured by a discriminatory housing practice and are aggrieved persons as defined in 42 U.S.C. § 3602(i).
12. The Defendants’ conduct alleged in this Complaint was intentional, willful, and taken in disregard of the rights of others.
WHEREFORE, the United States prays that the Court enter an order that:
1. Declares that the Defendants’ policies and practices, as alleged herein, violate the Fair Housing Act;
2. Enjoins the Defendants, their officers, employees, agents, successors, and all other persons in active concert or participation with them, from:
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a. discriminating against any person on the basis of race or color in any aspect of the rental of a dwelling; b. failing or refusing to notify the public that dwellings owned or operated by the Defendants are available to all persons on a nondiscriminatory basis; c. Failing or refusing to take such affirmative steps as may be necessary to restore, as nearly as practicable, the victims of the Defendants’ unlawful practices to the position they would have been in but for the discriminatory conduct; and d. Failing or refusing to take such affirmative steps as may be necessary to prevent the recurrence of any discriminatory conduct in the future and to eliminate, to the extent practicable, the effects of the Defendants’ unlawful practices; 3. Awards monetary damages to all persons aggrieved by the Defendants’ discriminatory practices, pursuant to 42 U.S.C. § 3614(d)(1)(B); and 4. Assesses a civil penalty against each Defendant in an amount authorized by 42 U.S.C. § 3614(d)(1)(C) to vindicate the public interest.
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The United States further prays for such additional relief as the interests of justice may require.

Dated: March 3, 2010

ERIC H. HOLDER, JR. Attorney General

BARBARA L. MCQUADE United States Attorney
s/Judith E. Levy JUDITH E. LEVY Assistant U.S. Attorney 211 West Fort Street, Ste. 2001 Detroit, Michigan 48226 (313) 226-9727 judith.levy@usdoj.gov

s/Thomas E. Perez THOMAS E. PEREZ Assistant Attorney General Civil Rights Division
s/Steven H. Rosenbaum STEVEN H. ROSENBAUM Chief, Housing and Civil Enforcement Section Civil Rights Division
s/Holly C. Lincoln TIMOTHY J. MORAN Deputy Chief HOLLY C. LINCOLN Attorney Housing and Civil Enforcement Section Civil Rights Division U.S. Department of Justice 950 Pennsylvania Avenue, N.W. Northwestern Building Washington, D.C. 20530 Phone: (202) 514-0553 Fax: (202) 514-1116 holly.lincoln@usdoj.gov

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 Case 2:09-cv-12815-SFC-MKM Document 18 Filed 07/06/10 Page 1 of 23

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

FAIR HOUSING CENTER OF

)

WASHTENAW COUNTY, INC., a

)

Michigan non-profit corporation, d/b/a )

FAIR HOUSING CENTER OF

)

SOUTHEASTERN MICHIGAN,

)

)

Plaintiff,

)

)

v.

)

)

ACME INVESTMENTS, INC., a

)

Michigan corporation; and LAURIE

)

COURTNEY,

)

)

Defendants.

)

)

and

)

)

UNITED STATES OF AMERICA,

)

)

Plaintiff,

)

)

v.

)

)

ACME INVESTMENTS, INC,

)

d/b/a IVANHOE HOUSE

)

APARTMENTS,

)

and LAURIE COURTNEY,

)

)

Defendants.

)

____________________________________)

Civil Action No. 5:09-cv-12815
SEAN F. COX United States District Judge Mona K. Majzoub Magistrate Judge

CONSENT ORDER

I. INTRODUCTION

1. The Fair Housing Center of Washtenaw County, Inc., doing business as the Fair

Housing Center of Southeastern Michigan (“Fair Housing Center”), filed this action against

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Acme Investments, Inc., d/b/a Ivanhoe House Apartments (“Acme”), and Laurie Courtney (collectively, “Defendants”) for discriminating against, and continuing to discriminate against, African Americans at Ivanhoe House Apartments in Ann Arbor, Michigan in violation of the Fair Housing Act (“FHA”), 42 U.S.C. § 3601 et seq., the Civil Rights Acts of 1866 and 1870, 42 U.S.C. §§ 1981 and 1982, and the Elliott-Larsen Civil Rights Act, M.C.L. § 37.2501 et seq.
2. The United States filed an action against Acme and Laurie Courtney, U.S. District Court, Eastern District of Michigan, Civil Action No. 2:10-cv-10853, to enforce the provisions of Title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988, 42 U.S.C. §§ 3601 et seq.
3. The court consolidated the actions of the Fair Housing Center and the United States (collectively, “Plaintiffs”) under Civil Action No. 5:09-cv-12815. Pursuant to the consent of the parties, this single Consent Order will resolve both actions.
4. Specifically, Plaintiffs allege that Defendants are engaging in housing practices that discriminate on the basis of race or color, including:
a. Denying the availability of apartments for rent or inspection to African American persons while at the same time telling white persons about apartments available to rent or inspect;
b. Failing to provide African American persons information about the availability of apartments to rent or inspect that is full, complete, and consistent with the information provided to white persons;
c. Failing to provide to African American persons the same terms, conditions, or privileges related to the renting of apartments as are provided to white persons; 2

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and d. Refusing to accept or process applications by African American persons because
of their race or color. 5. Plaintiffs allege that through this conduct the Defendants refused to negotiate for the rental of, or otherwise made unavailable or denied housing to persons because of race or color, in violation of 42 U.S.C. § 3604(a); discriminated against persons in the terms, conditions, or privileges of rental, or in the provision of services or facilities in connection therewith, because of race or color, in violation of 42 U.S.C. § 3604(b); and discriminated by representing to persons because of race or color that dwellings were not available for inspection or rental when such dwellings were in fact so available, in violation of 42 U.S.C. § 3604(d). 6. Defendants deny violating any law or engaging in any wrongful conduct of any type or nature as Plaintiffs allege in their actions. This Consent Order is a compromise of disputed claims and is not an admission by Defendants, each of which expressly deny liability. 7. Plaintiffs and Defendants have agreed that in order to avoid protracted and costly litigation, this controversy should be resolved without a trial. Therefore, the parties consent to the entry of this Consent Order. ACCORDINGLY, It is hereby ADJUDGED, ORDERED and DECREED:
II. GENERAL INJUNCTION 8. Defendants, their officers, agents, employees, successors, and assigns, and all other persons in active concert or participation with them, are enjoined, with respect to the rental of dwellings, from: a. Refusing to rent a dwelling, refusing or failing to provide or offer information
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about a dwelling, refusing to negotiate for the rental of a dwelling, or otherwise making unavailable or denying a dwelling to any person because of race or color; b. Discriminating against any person in the terms, conditions, or privileges of renting a dwelling, or in the provision of services or facilities in connection therewith, because of race or color; and c. Representing to persons because of race or color that any dwelling is not available for inspection or rental when such dwelling is, in fact, so available.
III. NONDISCRIMINATION POLICY 9. Acme shall prepare and implement a Nondiscrimination Policy regarding the rental of dwelling units at Ivanhoe House Apartments that shall be applied equally to all actual and prospective tenants, regardless of their race or color. 10. Within ten (10) days of the entry of this Consent Order, Acme shall distribute the Nondiscrimination Policy to all of its employees and agents, or anyone acting under their direction, who have responsibility for showing, renting, or managing any and all dwelling units at the Ivanhoe House Apartments, and this policy will be reviewed, along with a question and answer session, with each employee, agent, or anyone acting under Defendants’ direction, on an annual basis thereafter. The text of the Nondiscrimination Policy shall be consistent with Appendix A.
IV. NOTICE TO PUBLIC OF NONDISCRIMINATION POLICY 11. Within ten (10) days of the date of entry of this Consent Order, Acme shall take the following steps to notify the public of its Nondiscrimination Policy for Ivanhoe House Apartments:
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a. Prominently post in any office or area where there is rental activity and/or personal contact with applicants or prospective applicants at Ivanhoe House Apartments, a fair housing sign no smaller than ten (10) inches by fourteen (14) inches that indicates that all apartments are available for rent on a nondiscriminatory basis. A poster that comports with 24 C.F.R. Part 110 will satisfy this requirement. Nothing in this provision requires Acme to affirmatively create any rental office at Ivanhoe House Apartments.
b. Whenever any dwelling unit at Ivanhoe House Apartments is available for rent, Acme shall prominently post an easily readable “For Rent” or “Vacancy” at Ivanhoe House Apartments. The sign or notice shall include the slogan “Equal Housing Opportunity” and/or the fair housing logo. Such slogan and logo shall be prominently displayed and easily readable.
c. Include the words “Equal Housing Opportunity” and/or the fair housing logo in all rental advertising conducted by Acme, its agents or employees, in newspapers, flyers, handouts, telephone directories, and other written materials; on radio, television, or other media broadcasts; and on all billboards, signs, pamphlets, brochures, and other promotional literature, provided that this requirement does not compel Acme, its agents, or employees to advertise in any of these media, but does require compliance with this provision whenever Acme, its agents, or employees so advertise. The words and/or logo shall be prominently placed and easily readable.
d. Include the following phrase in the standard rental application and the standard 5

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rental agreement used for rental of dwelling units at Ivanhoe House Apartments in boldface type, using letters of equal or greater size to those of the text in the body of the document:
We are an equal housing opportunity provider. We do not discriminate on the basis of race, color, sex, national origin, religion, disability, or familial status (having children under age 18).1
V. TRAINING 12. Within ten (10) days of the entry of this Consent Order, Acme shall provide a copy of this Consent Order to its existing agents and employees involved in showing, renting, or managing any dwelling unit at Ivanhoe House Apartments. Acme shall secure a signed statement from each such existing agent or employee acknowledging that he or she has received and read the Consent Order and the Nondiscrimination Policy, has had the opportunity to have questions about the Consent Order and Nondiscrimination Policy answered, and agrees to abide by the relevant provisions of the Consent Order and the Policy. This statement shall be as set forth in Appendix B.
1 Acme may include, in its discretion, additional protected classes in this nondiscrimination statement.
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13. During the term of this Consent Order, within five (5) days after each new agent or employee of Acme becomes involved in showing, renting, or managing units at Ivanhoe House Apartments, Acme shall provide a copy of this Consent Order and the Nondiscrimination Policy to each such new agent or employee and secure a signed statement from each new agent or employee acknowledging that he or she has received and read the Consent Order and the Nondiscrimination Policy, has had the opportunity to have questions about the Consent Order and Nondiscrimination Policy answered, and agrees to abide by the relevant provisions of the Consent Order and the policy. This statement shall be as set forth in Appendix B.
14. Within sixty (60) days of the entry of this Consent Order, Acme’s managers, officers, and/or trustees, and Acme’s agents and employees involved in showing, renting, or managing any dwelling units at Ivanhoe House Apartments shall undergo in-person training on the Fair Housing Act, with specific emphasis on discrimination on the basis of race or color. The training shall be conducted by an independent, qualified third party, approved in advance by the United States (which approval shall not be unreasonably withheld), and any expenses associated with this training shall be borne by Acme. Acme shall obtain from the trainer certifications of attendance, executed by each individual who received the training, confirming their attendance. This confirmation shall include the name of the course, the name of the instructor, the date the course was taken, and the length of the course and/or time within which the course was completed.
15. At a minimum, the training required in the preceding paragraph shall consist of the following:
a. Instruction on the requirements of all applicable federal and state housing 7

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discrimination laws; and b. A question and answer session for the purpose of reviewing the foregoing areas. VI. NONDISCRIMINATORY STANDARDS AND PROCEDURES FOR SHOWING
AVAILABLE DWELLING UNITS TO PROSPECTIVE TENANTS 16. Within forty-five (45) days of the entry of this Consent Order, Acme shall develop and implement, with respect to dwelling units at the Ivanhoe House Apartments, objective, uniform, non-discriminatory standards and procedures for informing persons about and showing available dwelling units to prospective tenants. Such standards and procedures shall be submitted to the United States for approval in advance of their implementation (which approval shall not be unreasonably withheld) and shall be consistent with the provisions of this Section. The standards and procedures shall be posted and prominently displayed in any office or area where there is rental activity and/or personal contact with applicants or prospective applicants, and a copy of these standards and procedures shall be made available upon request to any prospective applicant for the rental of a dwelling. Nothing in this provision requires Acme to affirmatively create any rental office at Ivanhoe House Apartments. For the duration of this Consent Order, these standards and procedures may be modified only if written notice is given to counsel for the United States at least thirty (30) days before the proposed modifications are to take effect and the United States makes no objection before the proposed modifications are to take effect. 17. The nondiscriminatory standards and procedures discussed in Paragraph 16, above, shall include the use of the following documents, which Acme shall update as new information becomes available, and retain for the duration of the Consent Order:
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a. Guest Cards: Acme shall ensure that, for all prospective tenants who inquire in person about dwelling units, a Guest Card is completed, either by the prospective tenant and/or Acme, that contains: 1. The date of the prospective tenant’s visit and the prospective tenant’s name, address, daytime and evening telephone numbers; 2. The race of the prospective tenant, based on Acme’s good faith observation; 3. The apartment size that the prospective tenant requests and the date on which the prospective tenant wishes to move; 4. Whether the prospective tenant filled out an application; 5. Whether the prospective tenant was invited to see available dwelling units and the address and unit number of each one shown and, if not, an explanation why not; and 6. The names of all employees/agents who assisted the prospective tenant.
b. Availability List: Acme shall ensure that it maintains and timely updates 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, including the date on which Acme was first informed that each would be available or reasonably expected to be available for rental and the first date that each would be available or reasonably expected to be available for rental or occupancy by a new tenant. Such Availability List may also include comments which may affect Acme’s reasonable assessment of when a particular dwelling 9

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unit would be available or reasonably expected to be available for rental, including but not limited to whether an existing tenant may change his or her decision to vacate the dwelling unit, whether the dwelling unit may require repair or renovation, or whether the existing tenant may require an extension of occupancy until new housing is made available. Acme shall share the complete information on the Availability List with each person who visits or calls to inquire about the availability of dwelling units. c. Rental Applications: Acme shall permit all persons who inquire about renting a dwelling unit the opportunity to apply for an apartment. To the extent Acme rejects any application for housing, Acme shall provide, either on the application or on an attachment to the application, a written explanation why the applicant was not offered a tenancy, any supporting documentation, and the name of the employee who made the decision. Defendants shall promptly notify such applicant of the rejection and the reason therefor.
VII. COMPLIANCE TESTING 18. Acme shall implement a program of self-testing designed to detect and prevent unlawful discrimination at the Ivanhoe House Apartments. Within sixty (60) days of the entry of this Consent Order, Acme shall enter into a contract with a provider to be agreed upon by Acme and the United States or, if they are unable to agree, to be selected by the Court, to develop and implement a program to test for potential race discrimination at the Ivanhoe House Apartments. The contract shall provide for a minimum of three (3) tests per year at Ivanhoe House Apartments for the duration of this Consent Order. The test results will be provided to
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Defendants and their counsel, to counsel for the United States,2 and to the Fair Housing Center3
and its counsel.4 If the United States believes that the test results indicate any fair housing
compliance problems at the Ivanhoe House Apartments, the United States shall notify
Defendants’ counsel of any such problems and the basis therefore. In the event that there is a
dispute between the United States and the Defendants as to whether or what corrective action is
required, the parties shall attempt to resolve such dispute according to the consultation provisions
of Paragraph 34 below. The Plaintiffs may also take steps to monitor Defendants’ compliance
with this Consent Order including, but not limited to, conducting fair housing tests at any office
in which Defendants conduct rental activities.
VIII. REPORTING AND DOCUMENT RETENTION REQUIREMENTS 19. Within ninety (90) days of the entry of this Consent Order, and every year thereafter
for the duration of this Consent Order, Defendants shall deliver to counsel for the United States a
report containing information about Defendants’ compliance efforts during the preceding reporting period, including but not limited to:
a. Photographs of each office in which rental activity is conducted, showing the fair
2 All documents or other communications required by this Consent Order to be sent to counsel for the United States shall be sent by commercial (non-USPS) overnight delivery service addressed as follows: Chief, Housing and Civil Enforcement Section, Civil Rights Division, United States Department of Justice, 1800 G Street N.W., Suite 7002, Washington, D.C. 20006, Attn: DJ 175-37-343, or as otherwise directed by the United States. Facsimile transmissions shall be sent to (202) 514-1116.
3 All documents or other communications required by this Consent Order to be sent to the Fair Housing Center shall be sent to Fair Housing Center of Southeastern Michigan, P.O. Box 7825, Ann Arbor, MI 48107.
4 All documents or other communications required by this Consent Order to be sent to counsel for the Fair Housing Center shall be sent to D. Scott Chang, Relman & Dane PLLC, 1225 19th Street NW, Suite 600, Washington DC 20036-2456.
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housing signs and Nondiscrimination Standards and Procedures, pursuant to Sections IV and VI of this Consent Order; however, nothing in this provision requires Acme to affirmatively create any rental office at Ivanhoe House Apartments; b. Copies of standard rental applications and rental agreements that Acme provides to prospective tenants, pursuant to Section IV of this Consent Order; c. Copies of all Employee Acknowledgment forms and fair housing training certifications, pursuant to Section V of this Consent Order; and d. Copies of all completed Guest Cards, Availability Lists, Rental Applications, and other information (whether recorded by any means by either Acme, its employees or agents, or a prospective tenant) related to any inquiries regarding the availability of rental dwellings, maintained pursuant to Section VI of this Consent Order. 20. During the period in which this Consent Order is in effect, Defendants shall preserve all records that are the source of, contain, or relate to any of the information pertinent to their obligations under this Consent Order, including, but not limited to, all guest cards, availability lists, waiting lists, rental applications, leases, rental roll ledgers, and occupancy lists. Upon reasonable notice to counsel for Defendants, representatives of the United States shall be permitted to inspect and copy, at the United States’ sole expense, all such records at any and all reasonable times or, upon request by the United States, Defendants shall provide copies of such documents at the United States’ sole expense. 21. During the period in which this Consent Order is in effect, Defendants shall notify
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counsel for the United States in writing within fifteen (15) days of receipt of any written or oral complaint against Acme, its employees, or its agents regarding discrimination in housing. If the complaint is written, Acme 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. Defendants shall also promptly provide the United States all information it may request concerning any such complaint and shall inform the United States within fifteen (15) days of the substance of any resolution of such complaint.
IX. MONETARY DAMAGES FOR AGGRIEVED PERSONS 22. Acme shall pay a total of thirty-five thousand dollars ($35,000) for the purpose of paying monetary damages to the persons allegedly aggrieved by Defendants’ conduct (hereinafter “aggrieved persons”). All checks for aggrieved persons shall be sent, via Federal Express, c/o Holly C. Lincoln, United States Department of Justice, Civil Rights Division, Housing and Civil Enforcement Section, 1800 G Street, N.W., Suite 7013, Washington, D.C. 20006, for her to forward to the aggrieved persons. The payments shall be made as follows: A. within ten (10) days of the entry of this Consent Order:
1. twelve thousand and five hundred dollars ($12,500) to Doylan Jackson; 2. twelve thousand and five hundred dollars ($12,500) to Rodney Boone; 3. five thousand dollars ($5,000) to Lemont Gore; and B. on or before September 1, 2010, five thousand dollars ($5,000) to Lemont Gore. 23. When counsel for the United States has received a check from Acme payable to an aggrieved person and a signed release in the form of Appendix C from the aggrieved person, counsel for the United States shall deliver the check to the aggrieved person and the original,
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signed release to counsel for Defendants. No aggrieved person shall be paid until he or she has executed and delivered to counsel for the United States a release in the form of Appendix C.
X. COMPENSATION TO THE FAIR HOUSING CENTER 24. Acme shall pay a total of forty thousand dollars ($40,000) to the Fair Housing Center to resolve its claims for damages, attorney’s fees, and costs. This amount will be made in two payments as follows: twenty-five thousand dollars ($25,000) on or before September 1, 2010, and fifteen thousand dollars ($15,000) on or before September 30, 2010. Prior to receiving the first payment, the Fair Housing Center shall execute a release in the form of Appendix D.
XI. CIVIL PENALTY 25. On or before September 30, 2010, Acme shall pay a total of seven thousand and five hundred dollars ($7,500) to the United States as a civil penalty, pursuant to 42 U.S.C. § 3614(d)(1)(C). This payment shall be sent, via Federal Express, c/o Holly C. Lincoln, United States Department of Justice, Civil Rights Division, Housing and Civil Enforcement Section, 1800 G Street, N.W., Suite 7013, Washington, D.C. 20006, in the form of a cashier’s check payable to the “United States Treasury.” XII. ACQUISITION OR TRANSFER OF INTEREST IN RENTAL PROPERTIES 26. If at any time while this Consent Order remains in effect, Acme decides to sell or otherwise transfer the entirety of its interest in Ivanhoe House Apartments to an unrelated party in an arms-length transaction,5 it shall take the following steps:
5 For purposes of this Consent Order, “arms-length transaction” is defined as a transaction that has been arrived at in the marketplace between independent, non-affiliated persons, unrelated by blood or marriage, with opposing economic interests regarding that transaction.
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a. At least thirty (30) days prior to completion of the sale or transfer, provide each prospective purchaser or other transferee a copy of this Consent Order along with written notice that the subject property remains subject to Sections II-VIII and XII-XIV of the Order;
b. At least thirty (30) days prior to completion of the sale or transfer, provide the United States written notice of its intent to sell or otherwise transfer Acme’s interest in the property, along with a copy of the notice interest sent to each prospective purchaser or transferee, containing the latter’s name, address, and telephone number;
c. Within thirty (30) days following completion of the sale or other transfer, Acme shall provide the United States a copy of the documents memorializing the transfer in interest of the property; and
d. Acme shall require the transferee, as a condition of the sale or other transfer, to agree in writing to perform all obligations and be liable for compliance with Sections II-VIII and XII-XIV of this Consent Order for the duration of the Order, with respect to the property.
27. If Acme complies with Paragraph 26a-d, above, and transfers all of its ownership, management, or other financial interest in the Ivanhoe House Apartments to an arms-length purchaser or other transferee, Acme shall thereafter be relieved of its obligations under this Consent Order.
28. If the proposed transfer of interest is not an arms-length transaction, Acme must comply with the requirements of Paragraph 26a-d of this Consent Order. In addition, Acme shall
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remain jointly and severally liable, along with the purchaser or other transferee, for any violations of Sections II-VII and XI-XII of the Consent Order for its duration.
29. If at any time while this Consent Order remains in effect, Acme decides to acquire an ownership, management, or other financial interest in any other residential rental property, either in whole or in part, it shall notify the United States in writing at least thirty (30) days before completion of the transaction, providing the name and address of the property and the identity of the manager of the property, and that property shall be subject to the provisions of this Consent Order for its duration. In addition, within thirty (30) days following completion of the purchase, Acme shall provide the United States (a) a statement specifying the nature of Defendants’ interest in the property and a copy of the documents memorializing the acquisition of that interest; (b) the number of individual dwelling units at the property; (c) the names of any existing tenants; and (d) the race or color of each such tenant, based on Acme’s, its employee’s, or its agent’s good faith observation.
30. If at any time while this Consent Order remains in effect, Laurie Courtney is employed in any capacity in connection with the rental of residential dwelling units at a location other than the Ivanhoe House Apartments, she shall, within thirty (30) days of starting such new employment, notify the United States in writing of her new employment, including the name of the property where she is employed and the name, address, and telephone number of her employer.
XIII. SCOPE AND DURATION OF CONSENT ORDER 31. The provisions of this Consent Order shall apply to all Defendants, their officers, agents, employees, successors and assigns, and all persons acting in active concert or
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participation with them. 32. This Consent Order shall remain in effect for three (3) years after the date of its
entry. 33. The Court shall retain jurisdiction for the duration of this Consent Order to enforce
its terms, after which time the case shall be dismissed with prejudice. The United States may move the Court to extend the duration of the Consent Order in the interests of justice.
XIV. REMEDIES FOR NON-COMPLIANCE 34. The Parties shall endeavor in good faith to resolve informally any differences regarding interpretation of and compliance with this Consent Order prior to bringing such matters to the Court for resolution. However, in the event that the United States contends that there has been a failure by any of the Defendants, whether willful or otherwise, to perform in a timely manner any act required by this Consent Order 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 requiring performance of such act or deeming such act to have been performed, and an award of any damages, costs, and reasonable attorneys’ fees that may have been occasioned by the violation or failure to perform.
XV. TIME FOR PERFORMANCE 35. Any time limits for performance imposed by this Consent Order may be extended by mutual written agreement of the parties.
XVI. COSTS OF LITIGATION 36. Each party to this litigation will bear its own costs and attorneys’ fees associated with this litigation.
17

Case 2:09-cv-12815-SFC-MKM Document 18 Filed 07/06/10 Page 18 of 23

IT IS SO ORDERED this 6th day of July, 2010.

s/ Sean F. Cox UNITED STATES DISTRICT JUDGE

By their signatures below, the parties consent to the entry of this Consent Order.

For the United States:

BARBARA L. McQUADE United States Attorney

THOMAS

E. PEREZ

Assistant Attorney General

Civil Rights Division

s/Judith E. Levy

JUDITH E. LEVY

Assistant United States Attorney

211 West Fort Street, Ste. 2001

Detroit, MI 48226

Deputy

Phone: (313) 226-9727

Fax: (313) 226-3271

Email: judith.levy@usdoj.gov

s/Holly Lincoln STEVEN H. ROSENBAUM Chief TIMOTHY J. MORAN
Chief HOLLY LINCOLN Attorney Housing and Civil Enforcement Section Civil Rights Division U.S. Department of Justice 950 Pennsylvania Avenue, N.W. Northwestern Building, 7th Floor Washington, D.C. 20530 Phone: (202) 514-0553 Fax: (202) 514-1116 Email: holly.lincoln@usdoj.gov

18

Case 2:09-cv-12815-SFC-MKM Document 18 Filed 07/06/10 Page 19 of 23
For the Fair Housing Center of Southeastern Michigan:
s/Steven M. Dane (with consent) STEVEN M. DANE D. SCOTT CHANG RELMAN & DANE PLLC 1225 19th Street NW Suite 600 Washington DC 20036-2456 Phone: (202) 728-1888 Fax: (202) 728-0848 Email: sdane@relmanlaw.com
schang@relmanlaw.com
s/Steve Tomkowiak (with consent) STEVE TOMKOWIAK (P40042) LAW OFFICE OF STEVE TOMKOWIAK 29777 Telegraph Road, Suite 2500 Southfield, Michigan 48034 Phone: (248) 543-1600 Fax: (248) 543-1800 Fax Email: stomk@sbcglobal.net
For Defendants Acme Investments, Inc., d/b/a Ivanhoe House Apartments, and Laurie Courtney:
s/Stanley H. Pitts (with consent) STANLEY H. PITTS (P33519) BRIAN QUINN (P66272) HONIGMAN MILLER SCHWARTZ & COHN, LLP 222 N. Washington Square, Suite 400 Lansing, Michigan 48933 Phone: (517) 377-0706 Fax: (517) 364-9506 Email: spitts@honigman.com
bquinn@honigman.com
19

Case 2:09-cv-12815-SFC-MKM Document 18 Filed 07/06/10 Page 20 of 23
Appendix A
NONDISCRIMINATION POLICY
It is the policy of Acme Investments, Inc., d/b/a Ivanhoe House Apartments, to comply with Title VIII of the Civil Rights Act of 1968, as amended, commonly known as the Fair Housing Act by ensuring, to the extent required by law, that apartments are available to all persons without regard to race, color, religion, national origin, disability, sex, or familial status.6 This policy means that, among other things, Acme Investments, Inc., d/b/a Ivanhoe House Apartments, and all their agents and employees with the responsibility for renting, managing, or administering any dwelling units must not discriminate in any aspect of the rental of dwellings against qualified applicants or tenants because of race or color. Such agents and employees may not:
A. Refuse to rent, refuse to negotiate for the rental of, or otherwise make unavailable or deny, a dwelling to any person because of race, color, religion, national origin, disability, sex, or familial status;
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, color, religion, national origin, disability, sex, or familial status;
C. Make, print, or publish, or cause to be made, printed, or published any notice, statement, or advertisement, with respect to the rental of a dwelling that indicates any preference, limitation, or discrimination based on race, color, religion, national origin, disability, sex, or familial status; or
D. Represent to persons because of race, color, religion, national origin, disability, sex, or familial status that any dwelling is not available for inspection or rental when such dwelling is in fact so available.
Any 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 unequal service to, treatment of, or behavior toward tenants or actual or potential applicants on the basis of race, color, religion, national origin, disability, familial status, or sex may constitute a violation of state and federal fair housing laws. Any tenant or applicant who believes that any of the above policies have been violated by any agent or employee of the owner should contact the owner at 248-362-9699. Any tenant or applicant who believes that any of the above policies have been violated by any owner, agent, or employee may also contact the U.S. Department of Housing and Urban Development at 1-888-799-2085, or the U.S. Department of Justice at 1-800896-7743 or 202-514-4713.
6 Acme may include, in its discretion, additional protected classes and/or state civil rights statutes in this nondiscrimination statement.
20

Case 2:09-cv-12815-SFC-MKM Document 18 Filed 07/06/10 Page 21 of 23

Appendix B

EMPLOYEE ACKNOWLEDGMENT

I acknowledge that on

, 2010, I was provided copies of the

Consent Order entered by the Court in Fair Housing Center of Washtenaw County, Inc., et al. v.

Acme Investments, Inc., et al., Civil Action No. 5:09-cv-12815 (E.D. Mich.), and the

Nondiscrimination Policy of Acme Investments, Inc., d/b/a Ivanhoe House Apartments. 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.

Signature Print Name Job Title Date

21

Case 2:09-cv-12815-SFC-MKM Document 18 Filed 07/06/10 Page 22 of 23

Appendix C

FULL AND FINAL RELEASE OF CLAIMS

In consideration for the parties’ agreement to the terms of the Consent Order they entered

into in the case of Fair Housing Center of Washtenaw County, Inc., et al. v. Acme Investments,

Inc., et al., Civil Action No. 5:09-cv-12815 (E.D. Mich.), as approved by the United States

District Court for the Eastern District of Michigan, and in consideration for the payment of

$

, I,

, do hereby

fully release and forever discharge Acme Investments, Inc., d/b/a Ivanhoe House Apartments,

and Laurie Courtney (“Defendants”), along with their past and present insurers, attorneys, related

companies, principals, predecessors, successors, assigns, affiliates, partners, directors, officers,

agents, employers, shareholders, subsidiaries, employees, heirs, executors, and administrators

and any persons acting under their respective direction or control from any and all fair housing

claims set forth, or which could have been set forth, in the Complaint in this lawsuit that I may

have had against any of them for any of Defendants’ actions or statements related to those claims

through the date I sign this release.

Executed this _____ day of __________________, 2010.

__________________________________ [Signature]

__________________________________ [Print Name]

22

Case 2:09-cv-12815-SFC-MKM Document 18 Filed 07/06/10 Page 23 of 23

Appendix D
FULL AND FINAL RELEASE OF CLAIMS
The Fair Housing Center of Washtenaw County, Inc., d/b/a/ Fair Housing Center of Southeastern Michigan (“FHC”), its agents, executors, administrators, successors and assigns, pursuant to the terms, provisions, and conditions of the Consent Order approved by the United States District Court for the Eastern District of Michigan on _____________________, 2010, in the case of Fair Housing Center of Washtenaw County, Inc., et al. v. Acme Investments, Inc., et al., Civil Action No. 5:09-cv-12815 (E.D. Mich.) (“lawsuit”), and in consideration of the payment of $40,000.00, does fully, finally and forever release, discharge, and hold harmless Acme Investments, Inc., and Laurie Courtney (hereinafter “Defendants”), along with their insurers, attorneys, related companies, principals, predecessors, successors, assigns, affiliates, partners, directors, officers, agents, employers, shareholders, subsidiaries, employees, former employees, heirs, executors, and administrators and any persons acting under their respective direction or control (hereinafter “Releasees”), from any and all fair housing claims set forth, or which could have been set forth, in the lawsuit that FHC may have against Defendants or any of the Releasees for any of Defendants’ actions or statements related to those claims through the date of the Consent Order, including claims for damages (both compensatory and punitive), costs, fines and attorneys’ fees.

Executed this _____ day of __________________, 2010.

__________________________________

[Print Name]

[Signature]

___________________________________

23

 
 2:09-cv-12815-SFC-MKM Doc # 1 Filed 07/16/09 Pg 1 of 13 Pg ID 1

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

FAIR HOUSING CENTER OF

) CIVIL ACTION NO.

WASHTENAW COUNTY, INC., a Michigan )

non-profit corporation, doing business as

) DEMAND FOR JURY TRIAL

FAIR HOUSING CENTER OF

)

SOUTHEASTERN MICHIGAN,

)

)

Plaintiff,

)

vs.

)

)

ACME INVESTMENTS, INC., a

)

Michigan corporation; and LAURIE

)

COURTNEY,

)

)

Defendants.

)

________________________________________ )

RELMAN & DANE, PLLC Stephen M. Dane D. Scott Chang 1225 19th Street NW, Suite 600 Washington DC 20036 (202) 728-1888 (202) 728-0848 F Email: sdane@relmanlaw.com
schang@relmanlaw.com
LAW OFFICE OF STEVE TOMKOWIAK Steve Tomkowiak 29777 Telegraph Road, Suite 2500 Southfield, Michigan 48034 (248) 543-1600 (248) 543-1800 F Email: stomk@sbcglobal.net
Attorneys for Plaintiff Fair Housing Center of Southeastern Michigan
________________________________________________________________________

COMPLAINT FOR INJUNCTIVE, DECLARATORY AND MONETARY RELIEF

PRELIMINARY STATEMENT

1. Plaintiff Fair Housing Center of Washtenaw County, Inc., doing business

as the Fair Housing Center of Southeastern Michigan (“Fair Housing Center”), brings this

action for injunctive, declaratory, and monetary relief against Acme Investments, Inc. and

2:09-cv-12815-SFC-MKM Doc # 1 Filed 07/16/09 Pg 2 of 13 Pg ID 2
Laurie Courtney for discriminating against, and continuing to discriminate against, African Americans at Ivanhoe Apartments in Ann Arbor, Michigan in violation of the Fair Housing Act, 42 U.S.C. § 3601 et seq., the Civil Rights Acts of 1866 and 1870, 42 U.S.C. §§ 1981 and 1982, and the Elliott-Larsen Civil Rights Act, M.C.L. § 37.2501 et seq.
2. The Fair Housing Center conducted a series of eight fair housing tests beginning in 2006 for the purpose of evaluating Ivanhoe Apartments’ compliance with fair housing laws barring racial discrimination. Ivanhoe Apartments through its resident manager Laurie Courtney consistently and repeatedly misrepresented the availability of apartments, imposed delaying tactics, and discouraged African-American prospective renters based on race or color. The intent and effect of Defendants’ unlawful conduct is to deny housing to African Americans or to limit the number of African Americans living at Ivanhoe Apartments.
3. The Fair Housing Center is a non-profit community organization that seeks to ensure equal housing opportunity through the elimination of unlawful housing discrimination and the promotion of decent housing through advocacy and education. As a result of Defendants’ unlawful conduct, the Fair Housing Center has been damaged by having to divert significant resources that could have been used to provide counseling, education, and referral services to instead identify and counteract Defendants’ discriminatory conduct through investigation and litigation of this conduct. The Fair Housing Center’s mission has also been frustrated by Defendants’ discriminatory housing practices.
2

2:09-cv-12815-SFC-MKM Doc # 1 Filed 07/16/09 Pg 3 of 13 Pg ID 3 JURISDICTION AND VENUE
4. Jurisdiction is conferred upon this Court under 28 U.S.C. § 1331 in that this action involves violations of the amended Fair Housing Act, 42 U.S.C. § 3601 et seq. This Court has jurisdiction to issue a declaration that the Plaintiffs’ rights have been violated pursuant to 28 U.S.C. §§ 2201 and 2202 and to grant injunctive relief and actual and punitive damages, as well as attorneys’ fees and costs, pursuant to 42 U.S.C. § 3613.
5. Venue is proper in this forum pursuant to 28 U.S.C. § 1391(b) in that the claims alleged herein arose in Washtenaw County, Michigan.
3

2:09-cv-12815-SFC-MKM Doc # 1 Filed 07/16/09 Pg 4 of 13 Pg ID 4
PARTIES 6. Plaintiff Fair Housing Center is a private non-profit fair housing organization serving Southeastern Michigan and organized under the laws of Michigan with its principal place of business in Ann Arbor, Michigan. It is a membership organization whose mission includes the promotion of equal housing opportunity, freedom of housing choice, housing integration, and the elimination of housing discrimination. The Fair Housing Center fulfills its mission by educating the public and housing advocates about fair housing rights and requirements, educating and working with consumers on fair housing compliance, and providing advice and advocacy to persons affected by discriminatory housing practices. The Fair Housing Center promotes fair housing enforcement and voluntary compliance with fair housing laws by conducting fair housing investigations, including testing, and providing education and outreach for housing consumers and housing advocates. Its services include responding to complaints from consumers based on race or color. 7. Defendant Acme Investments, Inc. is a corporation organized under the laws of Michigan that conducts business in the Eastern District of Michigan with its principal place of business at 2701 Troy Center Drive, Suite 450, Troy MI. Acme Investments owns and operates Ivanhoe Apartments, a 48-unit apartment complex located at 1533 Pine Valley Blvd., Ann Arbor, MI. 8. Defendant Laurie Courtney is a resident of Ann Arbor, MI who is the resident manager of Ivanhoe Apartments. She resides at 1533 Pine Valley Blvd., Apartment 214, Ann Arbor MI. Upon information and belief, Ms. Courtney has been the resident manager at Ivanhoe Apartments for more than 30 years.
4

2:09-cv-12815-SFC-MKM Doc # 1 Filed 07/16/09 Pg 5 of 13 Pg ID 5
9. Each of the defendants was the actual or apparent agent, employee or representative of each of the other defendants. Each defendant, in doing the acts or omitting to act as alleged in this complaint, was acting in the course and scope of his, her or its actual or apparent authority pursuant to such agencies; or the alleged acts or omissions of each defendant as agent were subsequently ratified and adopted by each agent as principal.
FACTS 10. In 1999, the Fair Housing Center received a complaint of discrimination at Ivanhoe Apartments. Since 1999, the Fair Housing Center has monitored Ivanhoe Apartments’ compliance with fair housing laws through the use of fair housing testing. The Fair Housing Center has conducted more than eight tests for race discrimination at Ivanhoe Apartments since 2006. 11. The Fair Housing Center’s investigation utilized paired testing in its tests of Ivanhoe Apartments. Paired testing is a controlled method of measuring and documenting differences in the quality, quantity, and content of information and services offered or given to home seekers by housing providers or real estate companies. In each paired test, there was a team of testers, one White and one African-American. Some of the tests used sandwich testing, in which a white tester visited the apartment complex followed by an African-American tester and then another white tester. Each tester contacted Laurie Courtney, the resident manager for Ivanhoe Apartments. Testers were assigned similar profiles about housing needs, financial qualifications and employment history. In every test, the African-American tester was slightly more qualified than the White tester.
5

2:09-cv-12815-SFC-MKM Doc # 1 Filed 07/16/09 Pg 6 of 13 Pg ID 6
12. The tests conducted by the Fair Housing Center reveal that Ivanhoe Apartments otherwise made housing unavailable, discriminated in the terms or conditions of the rental of a dwelling, and misrepresented the availability of rental housing because of race or color. Ivanhoe Apartments through its resident manager consistently and repeatedly misrepresented the availability of apartments, imposed delaying tactics, and discouraged prospective renters based on race or color.
13. The following examples are illustrative of Ivanhoe Apartments’ discriminatory housing practices against prospective renters based on race or color:
a. On April 11, 2008 at 2:30 p.m., a white female tester visited Ivanhoe Apartments and spoke with Resident Manager Laurie Courtney to inquire about renting a two-bedroom apartment for herself and her husband. Ms. Courtney told the white tester that a two-bedroom apartment was available and that it would be available to rent on April 23rd. She showed the white tester the available apartment. That same day at 3:20 p.m., an African-American female tester visited Ivanhoe Apartments and spoke with Ms. Courtney to inquire about renting a two-bedroom apartment for herself and her husband. Ms. Courtney barely opened the door for the African-American tester and told her that she would not have anything available until July or August, even though she told the white tester that an apartment would be available later in April. The African-American tester asked if she could view the apartment that would be available. Ms. Courtney told her that tenants were still living in the apartment, although she showed the white tester an apartment less than one hour before. That same day at 4:30 p.m., a second white female tester visited Ivanhoe Apartments and spoke with Ms. Courtney about renting a twobedroom apartment for herself and her husband. Ms. Courtney showed the second white
6

2:09-cv-12815-SFC-MKM Doc # 1 Filed 07/16/09 Pg 7 of 13 Pg ID 7
tester the same second floor apartment that she had shown the first white tester, despite telling the African-American tester that there were no apartments available to view. Ms. Courtney told the white tester that the apartment would be available at the end of the month and that she had a second apartment that would be available in mid-June, even though she told the African-American tester that an apartment would not be available until July or August.
b. On January 15, 2008 at 9:50 a.m., a white female tester visited Ivanhoe Apartments and spoke with Ms. Courtney to inquire about renting a one or two-bedroom apartment for herself and her husband. Ms. Courtney showed the white tester two onebedroom apartments and told the tester that a two-bedroom apartment would be available in February or later. That same day at 11:15 a.m., an African-American female tester visited Ivanhoe Apartments and spoke with Ms. Courtney to inquire about renting a one or two-bedroom apartment for herself and her husband. Ms. Courtney told the AfricanAmerican tester that the one-bedroom apartment had been rented, even though she told the white tester that two one-bedroom apartments were available less than two hours before. Ms. Courtney told the African-American tester that two-bedroom apartments would not be available until April, although she told the white tester that a two-bedroom apartment would be available in February or later.
14. Acme Investments, Inc. has failed to train adequately and instruct its agent, Laurie Courtney, in anti-discrimination and fair housing and equal opportunity laws and requirements, and in the benefits of assisting and serving African-American prospective renters and prospective renters with children. Acme Investments, Inc. has failed to oversee adequately and supervise the actions and practices of its agent,
7

2:09-cv-12815-SFC-MKM Doc # 1 Filed 07/16/09 Pg 8 of 13 Pg ID 8
particularly her actions and practices in dealing with African-American prospective renters. Furthermore, Acme Investments, Inc. either deliberately or through knowledgeable inaction authorized, fostered or encouraged the acts of its agent, Laurie Courtney, or condoned or ratified those acts.
15. By the actions described above, Defendants have engaged in, and continue to engage in a pattern or practice of discrimination against African-American prospective tenants because of race or color in violation of the Fair Housing Act. The Defendants continue to engage in such a pattern, practice or policy of discrimination so as to constitute a continuing violation.
CLAIMS FOR RELIEF COUNT I
Unlawful Discrimination Under the Federal Fair Housing Act 16. Plaintiff realleges and incorporates by reference all of the foregoing paragraphs, as if fully set forth herein. 17. Defendants have injured Plaintiff in violation of the federal Fair Housing Act by committing the following discriminatory housing practices: a. Refusing to rent, refusing to negotiate for the rental of, or otherwise
making unavailable or denying dwellings because of race or color, in violation of 42 U.S.C. § 3604(a); b. Discriminating in the terms, conditions, or privileges of the rental of a dwelling or in the provision of services in connection therewith because of race or color, in violation of 42 U.S.C. § 3604(b);
8

2:09-cv-12815-SFC-MKM Doc # 1 Filed 07/16/09 Pg 9 of 13 Pg ID 9
c. Representing because of race or color that a dwelling is not available for inspection or rental when such dwelling is in fact so available, in violation of 42 U.S.C. § 3604(d);
d. Engaging in any conduct relating to the provision of housing that otherwise makes unavailable or denies housing because of race or color, in violation of 24 C.F.R. § 100.70(b);
e. Imposing different rental charges for the rental of a dwelling because of race or color, in violation of 24 C.F.R. § 100.60(a)(3);
f. Discouraging from inspecting or renting a dwelling because of race or color, in violation of 24 C.F.R. § 100.70(c)(1);
g. Indicating through words or conduct that a dwelling which is available for inspection or rental has been rented because of race or color, in violation of 24 C.F.R. § 100.80(b)(1);
h. Limiting information, by word or conduct, regarding suitably priced dwellings available for inspection or rental because of race or color, in violation of 24 C.F.R. § 100.80(b)(4); and,
i. Providing false or inaccurate information regarding the availability of a dwelling for rental because of race or color, in violation of 24 C.F.R. § 100.80(b)(5). COUNT II Violation of the Civil Rights Act of 1866 and 1870
18. Plaintiff realleges and incorporates by reference paragraphs 1-15, as if fully set forth herein.
9

2:09-cv-12815-SFC-MKM Doc # 1 Filed 07/16/09 Pg 10 of 13 Pg ID 10
19. Defendant has committed unlawful acts of discrimination in violation of Sections 1981 & 1982, 42 U.S .C. §§ 1981 a nd 1982, which grant all per sons or citi zens, regardless of race or color, t he right to negotiate a nd enter into contacts with respect to real property.
COUNT III Unlawful Discrimination Under the Elliott-Larsen Civil Rights Act
Mich. Compiled Laws § 37.2501 et seq. 20. Plaintiff realleges and incorporate by reference paragraphs 1- 15, as if fully set forth herein. 21. Defendant has committed unlawful acts of discri mination based on race or color in violation of the ELCRA.
INJURY TO PLAINTIFF 22. As a result of Defendants’ actions described above, the Fair Housing Center has been directly and substantially injured and frustrated in its mission to educate the public and housing advocates about fair housing rights and requirements, to educate and work with consumers on fair housing compliance, and to provide advice and advocacy to persons either looking for housing or affected by discriminatory housing practices. The Fair Housing Center has also been damaged by having to divert scarce resources that could have been used to provide these services to instead identify and counteract the Defendants’ discriminatory conduct.
10

2:09-cv-12815-SFC-MKM Doc # 1 Filed 07/16/09 Pg 11 of 13 Pg ID 11
23. The unlawful discriminatory conduct of the Defendants will continue to injure the Fair Housing Center by, among other things:
a. Interfering with efforts and programs intended to bring about equality of opportunity in housing;
b. Requiring the commitment of scarce resources, including substantial staff time, to investigate the discriminatory conduct of Defendants, and counteract the Defendants’ discriminatory conduct, thus diverting those resources from other services; and
c. Frustrating its mission and purpose of promoting equal availability of housing to all persons without regard to any protected category, including race or color.
24. Defendants’ discriminatory conduct will also deprive individuals to whom the Fair Housing Center provides services and others living in and near Ivanhoe Apartments of the benefit of living in a diverse community that includes African Americans.
25. The past and continuing acts and conduct of Defendants, described above, are intentional, malicious, and have been carried out with callous and reckless disregard for the federally protected rights of Plaintiff and the individuals served by Plaintiff. Plaintiff therefore is entitled to punitive damages.
26. There now exists an actual controversy between the parties regarding Defendants’ duties under the federal civil rights laws. Plaintiff accordingly is entitled to declaratory relief.
11

2:09-cv-12815-SFC-MKM Doc # 1 Filed 07/16/09 Pg 12 of 13 Pg ID 12
27. Defendants, unless enjoined, will continue to engage in the unlawful acts and the pattern or practice of discrimination and unlawful conduct described above. Plaintiff has no adequate remedy at law. Plaintiff now is suffering and will continue to suffer irreparable injury from Defendants’ acts and unlawful conduct unless relief is provided by this Court. Plaintiff thus is entitled to permanent injunctive relief.
PRAYER FOR RELIEF Wherefore, Plaintiff prays that the Court: a. Declare that Defendants have violated the provisions of applicable federal law; b. Permanently enjoin all unlawful practices alleged in this Complaint and impose injunctive relief prohibiting Defendants, their partners, agents, employees, assignees, and all persons acting in concert or participating with them, from violating the unlawful practices alleged herein; c. Order Defendants to take appropriate affirmative actions to ensure that the activities complained of above are not engaged in by them or their agents again; d. Award compensatory and punitive damages to Plaintiff according to proof; e. Award Plaintiff its reasonable attorneys’ fees and costs; and, f. Grant all such other relief as the Court deems just.
12

2:09-cv-12815-SFC-MKM Doc # 1 Filed 07/16/09 Pg 13 of 13 Pg ID 13

DEMAND FOR TRIAL BY JURY

Plaintiff hereby demands a jury trial pursuant to Rule 38 of the Federal Rules of

Civil Procedure.

Dated: July 16, 2009.

RELMAN 1225
Washington (202) (202)

& DANE PLLC 19th Street NW Suite 600
DC 20036-2456 728-1888 728-0848 F Email: sdane@relmanlaw.com
schang@relmanlaw.com

STEPHE Fair

By_/s/ Stephen M.Dane________________ N M. DANE
D. SCOTT CHANG
LAW OFFICE OF STEVE TOMKOWIAK 29777 Telegraph Road, Suite 2500 Southfield, Michigan 48034 (248) 543-1600 (248) 543-1800 F Email: stomk@sbcglobal.net
By: /s/ Steve Tomkowiak STEVE TOMKOWIAK (P40042)
Attorneys for Plaintiff Housing Center of Southeastern
Michigan

13

 
 Case: 2:09-cv-12815 As of: 09/11/2012 05:18 PM EDT 1 of 3
U.S. District Court Eastern District of Michigan (Detroit) CIVIL DOCKET FOR CASE #: 2:09−cv−12815−SFC−MKM

CLOSED

Fair Housing Center of Washtenaw County, Incorporated v. Acme Investments, Incorporated et al Assigned to: District Judge Sean F. Cox Referred to: Magistrate Judge Mona K. Majzoub Cause: 42:1981 Housing Discrimination
Plaintiff

Date Filed: 07/16/2009 Date Terminated: 07/06/2010 Jury Demand: Plaintiff Nature of Suit: 440 Civil Rights: Other Jurisdiction: Federal Question

Fair Housing Center of Washtenaw County, Incorporated Doing business as Fair Housing Center of Southeastern Michigan

represented by D. Scott Chang RELMAN, DANE &COLFAX, PLLC 1225 19th Street, NW Suite 600 Washington, DC 20036−2456 202−728−1888 Fax: 202−728−0848 Email: schang@relmanlaw.com ATTORNEY TO BE NOTICED

Stephen M. Dane Relman, Dane &Colfax PLLC 1225 19th Street, NW Suite 600 Washington, DC 20036−2456 202−728−1888 Fax: 202−728−0848 Email: sdane@relmanlaw.com ATTORNEY TO BE NOTICED

Steve Tomkowiak 30300 Northwestern Highway Suite 249 Farmington Hills, MI 48034 248−543−1600 Fax: 248−543−1800 Email: stomk@sbcglobal.net ATTORNEY TO BE NOTICED

Plaintiff
United States of America Consolidated from 10−10853

represented by Judith E. Levy U.S. Attorney's Office 211 W. Fort Street Suite 2001 Detroit, MI 48226 313−226−9100 Email: judith.levy@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Holly C. Lincoln United States Department of Justice Civil Rights Division Housing and Civil Enforcement Section 1800 G. Street, N.W. Suite 7013 Washington, DC 20530 202−514−4713 Fax: 202−514−1116 Email: holly.lincoln@usdoj.gov ATTORNEY TO BE NOTICED

Case: 2:09-cv-12815 As of: 09/11/2012 05:18 PM EDT 2 of 3

V. Defendant Acme Investments, Incorporated
Defendant Laurie Courtney

represented by Brian T. Quinn Honigman, Miller, 222 N. Washington Square Suite 400 Lansing, MI 48933−1800 517−377−0710 Fax: 517−364−9510 Email: bquinn@honigman.com ATTORNEY TO BE NOTICED
Stanley H. Pitts Honigman, Miller, 660 Woodward Avenue Suite 2290 Detroit, MI 48226−3506 313−465−7516 Email: spitts@honigman.com ATTORNEY TO BE NOTICED
represented by Brian T. Quinn (See above for address) ATTORNEY TO BE NOTICED
Stanley H. Pitts (See above for address) ATTORNEY TO BE NOTICED

Date Filed 07/16/2009
07/17/2009 07/20/2009 11/02/2009 11/10/2009 03/08/2010 03/22/2010 03/31/2010

# Docket Text
1 COMPLAINT for Injuctive, Declaratory and Monetary Relief filed by Fair Housing Center of Washtenaw County, Incorporated against Acme Investments, Incorporated, Laurie Courtney with Jury Demand. Plaintiff requests summons issued. Receipt No: 06450000000002071983 − Fee: $350. County of 1st Plaintiff: Washtenaw Coutny − County Where Action Arose: Washtenaw County − County of 1st Defendant: Oakland County. [Previously dismissed case: No] [Possible companion case(s): None] (Dane, Stephen) (Entered: 07/16/2009)
2 NOTICE of Appearance by Steve Tomkowiak on behalf of Fair Housing Center of Washtenaw County, Incorporated. (Tomkowiak, Steve) (Entered: 07/17/2009)
3 SUMMONS Issued for *Acme Investments, Incorporated, Laurie Courtney* (SSch) (Entered: 07/20/2009)
4 NOTICE of Appearance by D. Scott Chang on behalf of Fair Housing Center of Washtenaw County, Incorporated. (Chang, D.) (Entered: 11/02/2009)
5 STIPULATION AND ORDER Extending Time for Defendants to Respond re 1 Complaint. Responsive pleading due 1/4/2010. Signed by District Judge Sean F Cox. (JHer) (Entered: 11/10/2009)
6 NOTICE of Appearance by Brian T. Quinn on behalf of Acme Investments, Incorporated, Laurie Courtney. (Quinn, Brian) (Entered: 03/08/2010)
7 NOTICE TO APPEAR: Scheduling Conference set for 3/31/2010 03:30 PM before District Judge Sean F Cox (JHer) (Entered: 03/22/2010)
Minute Entry − Scheduling Conference held on 3/31/2010 before District Judge Sean F Cox. (JHer) (Entered: 04/02/2010)

Case: 2:09-cv-12815 As of: 09/11/2012 05:18 PM EDT 3 of 3

03/31/2010 03/31/2010 04/02/2010 04/02/2010 04/02/2010
04/02/2010 04/06/2010 04/07/2010 04/14/2010 04/14/2010 04/26/2010 05/04/2010 05/18/2010 07/06/2010

ORAL MOTION to Consolidate Cases 09−12815 and 10−10853. (JHer) (Entered: 04/02/2010)
Minute Entry − Hearing held on 3/31/2010 re MOTION to Consolidate Cases before District Judge Sean F Cox. Disposition: Granted(Court Reporter Marie Metcalf) (JHer) (Entered: 04/02/2010)
8 ORDER consolidating cases 09−12815 and 10−10853 Signed by District Judge Sean F Cox. (PPau) (Entered: 04/02/2010)
9 Notice to Parties Regarding Consolidated Case: Order of consolidation entered on *4/2/10*. Designated lead case number is *09−12815*. (PPau) (Entered: 04/02/2010)
10 SCHEDULING ORDER: Discovery due by 11/30/2010 Motion Cut−off set for 12/28/2010 Final Pretrial Conference set for 4/4/2011 02:00 PM before District Judge Sean F Cox Trailing Trial Docket set for May/June 2011 Signed by District Judge Sean F Cox. (Refer to image for additional dates) (JHer) (Entered: 04/02/2010)
11 ORDER REFERRING OTHER MATTERS to *Magistrate Judge Majzoub* : *Settlement Conference*. Signed by District Judge Sean F Cox. (JHer) (Entered: 04/02/2010)
12 NOTICE AND ORDER TO APPEAR: Settlement Conference set for 12/9/2010 @ 09:30 AM before Magistrate Judge Mona K Majzoub (LBar) (Entered: 04/06/2010)
13 AMENDED NOTICE AND ORDER TO APPEAR: Settlement Conference re−set for 5/18/2010 10:30 AM before Magistrate Judge Mona K Majzoub (LBar) (Entered: 04/07/2010)
14 ANSWER to Complaint with Affirmative Defenses /Additional Defenses by All Defendants. (Quinn, Brian) (Entered: 04/14/2010)
15 ANSWER to Complaint with Affirmative Defenses /Additional Defenses −Answer to Complaint filed in 2:10−cv−10853 by All Defendants. (Quinn, Brian) (Entered: 04/14/2010)
16 NOTICE of Appearance by Holly C. Lincoln on behalf of United States of America. (Lincoln, Holly) (Entered: 04/26/2010)
17 ATTORNEY APPEARANCE: Stanley H. Pitts appearing on behalf of All Defendants (Pitts, Stanley) (Entered: 05/04/2010)
Minute Entry − Settlement Conference held on 5/18/2010 before Magistrate Judge Mona K Majzoub. Disposition: SETTLED (LBar) (Entered: 05/18/2010)
18 CONSENT ORDER Signed by District Judge Sean F Cox. (BSoc) (Entered: 07/07/2010)

 
 Case: 2:09-cv-12815 As of: 10/27/2017 03:17 AM EDT 1 of 3
U.S. District Court Eastern District of Michigan (Detroit) CIVIL DOCKET FOR CASE #: 2:09−cv−12815−SFC−MKM

CLOSED

Fair Housing Center of Washtenaw County, Incorporated v. Acme Investments, Incorporated et al Assigned to: District Judge Sean F. Cox Referred to: Magistrate Judge Mona K. Majzoub Cause: 42:1981 Housing Discrimination
Plaintiff

Date Filed: 07/16/2009 Date Terminated: 07/06/2010 Jury Demand: Plaintiff Nature of Suit: 440 Civil Rights: Other Jurisdiction: Federal Question

Fair Housing Center of Washtenaw County, Incorporated Doing business as Fair Housing Center of Southeastern Michigan

represented by D. Scott Chang RELMAN, DANE & COLFAX, PLLC 1225 19th Street, NW Suite 600 Washington, DC 20036−2456 202−728−1888 Fax: 202−728−0848 Email: schang@relmanlaw.com ATTORNEY TO BE NOTICED

Judith E. Levy U.S. Attorney's Office 211 W. Fort Street Suite 2001 Detroit, MI 48226 313−226−9100 Email: judith.levy@usdoj.gov ATTORNEY TO BE NOTICED

Stephen M. Dane Relman, Dane & Colfax PLLC 1225 19th Street, NW Suite 600 Washington, DC 20036−2456 202−728−1888 Fax: 202−728−0848 Email: sdane@relmanlaw.com ATTORNEY TO BE NOTICED

Steve Tomkowiak 30300 Northwestern Highway Suite 160 Farmington Hills, MI 48334−3215 248−543−1600 Fax: 248−543−1800 Email: SteveTomkowiak@gmail.com ATTORNEY TO BE NOTICED

Plaintiff
United States of America Consolidated from 10−10853

represented by Judith E. Levy (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Holly C. Lincoln United States Department of Justice Civil Rights Division Housing and Civil Enforcement Section 1800 G. Street, N.W. Suite 7013 Washington, DC 20530

Case: 2:09-cv-12815 As of: 10/27/2017 03:17 AM EDT 2 of 3
202−514−4713 Fax: 202−514−1116 Email: holly.lincoln@usdoj.gov ATTORNEY TO BE NOTICED

V. Defendant Acme Investments, Incorporated
Defendant Laurie Courtney

represented by Brian T. Quinn Honigman, Miller, 222 N. Washington Square Suite 400 Lansing, MI 48933−1800 517−377−0710 Fax: 517−364−9510 Email: bquinn@honigman.com (Inactive) ATTORNEY TO BE NOTICED
Judith E. Levy (See above for address) ATTORNEY TO BE NOTICED
Stanley H. Pitts Honigman, Miller, 660 Woodward Avenue Suite 2290 Detroit, MI 48226−3506 313−465−7516 Email: spitts@honigman.com ATTORNEY TO BE NOTICED
represented by Brian T. Quinn (See above for address) ATTORNEY TO BE NOTICED
Judith E. Levy (See above for address) ATTORNEY TO BE NOTICED
Stanley H. Pitts (See above for address) ATTORNEY TO BE NOTICED

Date Filed 07/16/2009
07/17/2009 07/20/2009 11/02/2009

# Docket Text
1 COMPLAINT for Injuctive, Declaratory and Monetary Relief filed by Fair Housing Center of Washtenaw County, Incorporated against Acme Investments, Incorporated, Laurie Courtney with Jury Demand. Plaintiff requests summons issued. Receipt No: 06450000000002071983 − Fee: &#036 350. County of 1st Plaintiff: Washtenaw Coutny − County Where Action Arose: Washtenaw County − County of 1st Defendant: Oakland County. [Previously dismissed case: No] [Possible companion case(s): None] (Dane, Stephen) (Entered: 07/16/2009)
2 NOTICE of Appearance by Steve Tomkowiak on behalf of Fair Housing Center of Washtenaw County, Incorporated. (Tomkowiak, Steve) (Entered: 07/17/2009)
3 SUMMONS Issued for *Acme Investments, Incorporated, Laurie Courtney* (SSch) (Entered: 07/20/2009)
4 NOTICE of Appearance by D. Scott Chang on behalf of Fair Housing Center of Washtenaw County, Incorporated. (Chang, D.) (Entered: 11/02/2009)

Case: 2:09-cv-12815 As of: 10/27/2017 03:17 AM EDT 3 of 3

11/10/2009 03/08/2010 03/22/2010 03/31/2010 03/31/2010 03/31/2010 04/02/2010 04/02/2010 04/02/2010
04/02/2010 04/06/2010 04/07/2010 04/14/2010 04/14/2010 04/26/2010 05/04/2010 05/18/2010 07/06/2010 06/26/2013
07/02/2013

5 STIPULATION AND ORDER Extending Time for Defendants to Respond re 1 Complaint. Responsive pleading due 1/4/2010. Signed by District Judge Sean F Cox. (JHer) (Entered: 11/10/2009)
6 NOTICE of Appearance by Brian T. Quinn on behalf of Acme Investments, Incorporated, Laurie Courtney. (Quinn, Brian) (Entered: 03/08/2010)
7 NOTICE TO APPEAR: Scheduling Conference set for 3/31/2010 03:30 PM before District Judge Sean F Cox (JHer) (Entered: 03/22/2010)
Minute Entry − Scheduling Conference held on 3/31/2010 before District Judge Sean F Cox. (JHer) (Entered: 04/02/2010)
ORAL MOTION to Consolidate Cases 09−12815 and 10−10853. (JHer) (Entered: 04/02/2010)
Minute Entry − Hearing held on 3/31/2010 re MOTION to Consolidate Cases before District Judge Sean F Cox. Disposition: Granted(Court Reporter Marie Metcalf) (JHer) (Entered: 04/02/2010)
8 ORDER consolidating cases 09−12815 and 10−10853 Signed by District Judge Sean F Cox. (PPau) (Entered: 04/02/2010)
9 Notice to Parties Regarding Consolidated Case: Order of consolidation entered on *4/2/10*. Designated lead case number is *09−12815*. (PPau) (Entered: 04/02/2010)
10 SCHEDULING ORDER: Discovery due by 11/30/2010 Motion Cut−off set for 12/28/2010 Final Pretrial Conference set for 4/4/2011 02:00 PM before District Judge Sean F Cox Trailing Trial Docket set for May/June 2011 Signed by District Judge Sean F Cox. (Refer to image for additional dates) (JHer) (Entered: 04/02/2010)
11 ORDER REFERRING OTHER MATTERS to *Magistrate Judge Majzoub* : *Settlement Conference*. Signed by District Judge Sean F Cox. (JHer) (Entered: 04/02/2010)
12 NOTICE AND ORDER TO APPEAR: Settlement Conference set for 12/9/2010 @ 09:30 AM before Magistrate Judge Mona K Majzoub (LBar) (Entered: 04/06/2010)
13 AMENDED NOTICE AND ORDER TO APPEAR: Settlement Conference re−set for 5/18/2010 10:30 AM before Magistrate Judge Mona K Majzoub (LBar) (Entered: 04/07/2010)
14 ANSWER to Complaint with Affirmative Defenses /Additional Defenses by All Defendants. (Quinn, Brian) (Entered: 04/14/2010)
15 ANSWER to Complaint with Affirmative Defenses /Additional Defenses −Answer to Complaint filed in 2:10−cv−10853 by All Defendants. (Quinn, Brian) (Entered: 04/14/2010)
16 NOTICE of Appearance by Holly C. Lincoln on behalf of United States of America. (Lincoln, Holly) (Entered: 04/26/2010)
17 ATTORNEY APPEARANCE: Stanley H. Pitts appearing on behalf of All Defendants (Pitts, Stanley) (Entered: 05/04/2010)
Minute Entry − Settlement Conference held on 5/18/2010 before Magistrate Judge Mona K Majzoub. Disposition: SETTLED (LBar) (Entered: 05/18/2010)
18 CONSENT ORDER Signed by District Judge Sean F Cox. (BSoc) (Entered: 07/07/2010)
19 Joint MOTION TO EXTEND re 18 Order Dismissing Case by Acme Investments, Incorporated, Laurie Courtney, Fair Housing Center of Washtenaw County, Incorporated, United States of America. (Attachments: # 1 Exhibit ATTACHMENT A − PROPOSED ORDER) (Levy, Judith) (Entered: 06/26/2013)
20 ORDER to Extend Consent Order re 19 Joint MOTION TO EXTEND re 18 Order Dismissing Case . Signed by District Judge Sean F. Cox. (JMcC) (Entered: 07/02/2013)