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UNITED STATES DISTRICT COURT

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WESTERN DISTRICT OF WASHINGTON

AT SEATTLE

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UNITED STATES OF AMERICA,

)

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)

NO.

Plaintiff

)

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v.

)

)

COMPLAINT AND

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SUMMERHILL PLACE, LLC,

)

DEMAND FOR JURY TRIAL

)

15 GRAN, INC., and RITA LOVEJOY,

)

)

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Defendants.

)

____________________________________)

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The United States of America alleges as follows:
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19 1. The United States brings this action pursuant to 42 U.S.C. §§ 3612(o) and 3614(a) to enforce

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the Fair Housing Act, as amended, 42 U.S.C. §§ 3601-3631.

21 2. This Court has jurisdiction over this action pursuant to 28 U.S.C. §§ 1331 and 1345 and 42

22
23 3. 24
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U.S.C. §§ 3612(o) and 3614(a). Venue is proper in the District Court for the Western District of Washington pursuant to 28 U.S.C. § 1391(b), as all Defendants reside in this District, a substantial part of the events or

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United States Department of Justice Civil Rights Division
Housing and Civil Enforcement Section 950 Pennsylvania Ave., N.W.- G Street
Washington, D.C., 20530 202-307-6275

1

omissions giving rise to the claims asserted in this action occurred in this District and the

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property that is the subject of this action is located in this District.

3 4. 4 5 6 7 8

Summerhill Place Apartments (“Summerhill”) is a 268-unit apartment complex located at 10415 SE 174th Street, Renton, Washington 98055. Summerhill consists of five separate buildings. Buildings 1-4 each have approximately 55 apartments. Building 5 has approximately 48 apartments. Summerhill, and the 268 apartments located therein, are “dwellings” within the meaning of 42 U.S.C. § 3602(b).

9 5. Defendant Summerhill Place, LLC is a limited liability company licensed in Washington.

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Defendant Summerhill Place, LLC does business in the Western District of Washington. Since

11 12 13 14 15 16 6.

2001, and continuing to the present, Defendant Summerhill Place, LLC has owned and operated Summerhill. Since 2002, and continuing to the present, Defendant Summerhill Place, LLC has retained GRAN, Inc., a property management company, to manage Summerhill on its behalf. Defendant GRAN, Inc. (“GRAN”) is a corporation incorporated in Washington that manages

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multifamily residential property. Defendant GRAN does business in the Western District of

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7.
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Washington. Since 2002, and continuing to the present, Defendant GRAN has managed Summerhill for Summerhill Place, LLC. From 2002, until approximately November 2008, Defendant Rita Lovejoy (“Lovejoy”) was employed by GRAN as the onsite manager for Summerhill. Defendant Lovejoy resided in Building 5 during this time.

24 8. In the spring of 2007, two Summerhill employees contacted the King County Office of Civil

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Rights (“KCOCR”) and complained about discriminatory housing practices at Summerhill.

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United States Department of Justice Civil Rights Division
Housing and Civil Enforcement Section 950 Pennsylvania Ave., N.W.- G Street
Washington, D.C., 20530 202-307-6275

1 9. Thereafter, KCOCR contracted with the Fair Housing Council of Washington (“FHCW”) to

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conduct testing at Summerhill.

3 10. 4 5 6 7 8

On various occasions between April 2007 and June 2008, FHCW performed testing at Summerhill and provided the results to KCOCR. Those tests revealed evidence of discrimination on the basis of race, color, national origin and familial status including, but not limited to, quoting different rental rates to African American, Hispanic and Caucasian testers, discouraging African Americans, Hispanics and families with children from renting at

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Summerhill and making statements indicating discrimination against African Americans.

10 11. In the spring of 2008, KCOCR referred the matter to the Department of Housing and Urban

11 12
12.
13 14 15 16

Development (“HUD”). On June 6, 2008, the HUD Assistant Secretary for Fair Housing and Equal Opportunity, on behalf of the Secretary of HUD, filed a timely housing discrimination complaint, as authorized by 42 U.S.C. § 3610(a)(1)(A)(i), alleging that the Defendants had discriminated on the basis of race, color, national origin and familial status in violation of 42 U.S.C. §§ 3601-3631.

17 13. Pursuant to 42 U.S.C. § 3610(a) and (b), the Secretary of HUD conducted and completed an

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investigation of the complaint, attempted conciliation without success and prepared a final

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investigative report. Based on the information gathered in the investigation, the Secretary

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determined, pursuant to 42 U.S.C. § 3610(g)(1), that reasonable cause existed to believe that
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illegal discriminatory housing practices had occurred. Therefore, on April 1, 2010, the
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Secretary issued a Charge of Discrimination, pursuant to 42 U.S.C. § 3610(g)(2)(A), charging

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the Defendants with engaging in discriminatory practices on the bases of race, color, national

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origin and familial status.

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United States Department of Justice Civil Rights Division
Housing and Civil Enforcement Section 950 Pennsylvania Ave., N.W.- G Street
Washington, D.C., 20530 202-307-6275

1 14. On April 16, 2010, the Defendants made a timely election to have the claims resolved in federal

2

court, pursuant to 42 U.S.C. § 3612(a).

3 15. 4 5
16.
6 7 8 17.

On April 22, 2010, the Administrative Law Judge issued a Notice of Election and terminated the administrative proceeding. Following this Notice of Election, the Secretary of HUD authorized the Attorney General to commence a civil action, pursuant to 42 U.S.C. § 3612(o). Defendants have engaged in discriminatory housing practices against African Americans,

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Hispanics, people from India, and families with children at Summerhill apartments. Such

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practices have included:

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a. Instructing staff to not show vacant apartments in Building 5 or newly renovated

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apartments to Indians, African Americans and families with children.
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b. Failing to inform Indians, African Americans and families with children of available
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apartments in Building 5 or available renovated apartments, while showing and

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informing white prospective tenants without children of such apartments.

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c. Steering Indian prospective tenants into Buildings 1 through 4 and away from Building

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5.

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d. Discouraging Hispanic prospective tenants from renting apartments by asking Hispanic

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prospective tenants, but not other prospective tenants, about whether they are legal
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residents of the United States, whether they have a social security number and, on at

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least one occasion, instructing a prospective tenant and bilingual employee not to speak

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Spanish to each other.

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United States Department of Justice Civil Rights Division
Housing and Civil Enforcement Section 950 Pennsylvania Ave., N.W.- G Street
Washington, D.C., 20530 202-307-6275

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e. Discouraging African American prospective tenants from renting apartments by telling

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African American prospective tenants, but not others, that there are strict rules on tenant

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conduct and suggesting they will be evicted if they violate them, telling African

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American prospective tenants, but not others, that they should not even bother applying

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unless they have “pristine credit” or “squeaky clean” credit and, on one occasion, telling
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an African American prospective tenant to pull up his pants.

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f. Discouraging prospective tenants with children from renting by falsely telling them that

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their children would not be allowed to play anywhere on the complex.

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g. Discriminating against Indian tenants by not replacing their carpet or their broken

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appliances, while providing such services to other similarly situated tenants, telling one

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or more Indian tenants that their children cannot play outside and that they should take
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them to a park to play, telling Indian tenants to “go back to India” if they cannot learn
14

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how to work their appliances and making other derogatory comments to such persons

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about their national origin.

17 18. The Defendants’ discriminatory conduct or actions as set forth above was intentional, willful,

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19 19. 20
21 22 20.
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and taken in disregard for the rights of others. Summerhill Place, LLC has, at all times relevant to this Complaint, had the authority to control and direct GRAN’s management and operation of Summerhill. GRAN has, at all times relevant to this Complaint, had the authority to control and direct the actions of its agents and employees concerning the management and operation of Summerhill.

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United States Department of Justice Civil Rights Division
Housing and Civil Enforcement Section 950 Pennsylvania Ave., N.W.- G Street
Washington, D.C., 20530 202-307-6275

1

COUNT I

2 21. Plaintiff, United States of America, realleges and incorporates by reference the allegations set

3 4 22. 5 6 7 8

forth in paragraphs 1 through 20 above. The conduct set forth above 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, color, national origin and familial status, in violation of 42 U.S.C. § 3604(a);

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b. Discrimination in the terms, conditions, or privileges, of rental of dwellings on the basis

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of race, color, national origin and familial status, in violation of 42 U.S.C. § 3604(b);

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c. Statements of preference or limitation on the basis of race, color, national origin and

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familial status in connection with the rental of dwellings, in violation of 42 U.S.C. §
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3604(c); and
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d. Misrepresentations regarding the availability of units on the basis of race, color,

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national origin and familial status, in violation of 42 U.S.C. § 3604(d).

17 23. Upon information and belief, there are victims of Defendants’ discriminatory conduct or

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24.
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22 23 25.

actions that are aggrieved persons within the meaning of 42 U.S.C. § 3612(o). COUNT II
Plaintiff, United States of America, realleges and incorporates by reference the allegations set forth in paragraphs 1 through 23 above. By the conduct set forth above, the Defendants have engaged in:

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a. A pattern or practice of resistance to the full enjoyment of rights granted by the Fair

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Housing Act, in violation of 42 U.S.C. § 3614(a); and

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United States Department of Justice Civil Rights Division
Housing and Civil Enforcement Section 950 Pennsylvania Ave., N.W.- G Street
Washington, D.C., 20530 202-307-6275

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b. A denial to a group of persons rights granted by the Fair Housing Act, which denial

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raises an issue of general public importance, in violation of 42 U.S.C. § 3614(a).

3 26. Upon information and belief, there are victims of Defendants’ discriminatory conduct or

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actions that are aggrieved persons within the meaning of 42 U.S.C. § 3614(d)(1)(B).

5
WHEREFORE, the United States prays that the Court enter an order that:
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A. Declares that Defendants’ policies and practices, as alleged herein, violate the Fair Housing

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Act, as amended, 42 U.S.C. §§ 3601 et seq.;

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B. Enjoins the Defendants, their agents, employees, and successors, and all other persons in

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active concert or participation with them from:

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(1) Discriminating on account of race, color, national origin, and familial status against

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any person in any aspect of the rental of a dwelling; and
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(2) Interfering with any person in the exercise or enjoyment of rights granted or
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protected by the Fair Housing Act.

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C. Awards monetary damages to each person aggrieved by Defendants’ discriminatory

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housing practices, pursuant to 42 U.S.C. § 3614(d)(1)(B); and

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E. Assesses a civil penalty against each Defendant in order to vindicate the public interest,

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pursuant to Section 814(d)(1)(C) of the Fair Housing Act, 42 U.S.C. § 3614(d)(1)(C).

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The United States further prays for such additional relief as the interests of justice may require.
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United States Department of Justice Civil Rights Division
Housing and Civil Enforcement Section 950 Pennsylvania Ave., N.W.- G Street
Washington, D.C., 20530 202-307-6275

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Pursuant to Rule 38 of the Federal Rules of Civil Procedure, the United States of America

2 hereby demands a trial by jury of this action of all issues triable of right to a jury.

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4 DATED this 16th day of July, 2010 5

6 7 Respectfully Submitted,
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9

ERIC H. HOLDER, Jr. ATTORNEY GENERAL

10 /s Jenny A. Durkan

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JENNY A. DURKAN UNITED STATES ATTORNEY

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/s Thomas E. Perez THOMAS E. PEREZ ASSISTANT ATTORNEY GENERAL Civil Rights Division

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/s Steven H. Rosenbaum

STEVEN H. ROSEBAUM

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Chief, Housing and Civil Enforcement Section

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Civil Rights Division

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/s Patricia D. Gugin

17 PATRICIA D. GUGIN

PABA #54927
18 Assistant United States Attorney

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1201 Pacific Avenue, Suite 700 Tacoma, Washington 98402

20 Phone: 253-428-3832
Fax: 253-428-3826

21 E-mail: pat.gugin@usdoj.gov

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/s Julie Allen TIMOTHY J. MORAN Deputy Chief JULIE ALLEN VABA #41578 Trial Attorney Housing and Civil Enforcement Section Civil Rights Division U.S. Department of Justice 950 Pennsylvania Ave., N.W. – G Street Washington, D.C. 20530 E-mail: julie.allen@usdoj.gov Phone: 202-307-6275 Fax: 202-514-1116

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United States Department of Justice Civil Rights Division
Housing and Civil Enforcement Section 950 Pennsylvania Ave., N.W.- G Street
Washington, D.C., 20530 202-307-6275

 
 Case 2:10-cv-01150-JLR Document 19-1 Filed 03/07/11 Page 1 of 21

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THE HONORABLE JAMES L. ROBART

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UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

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AT SEATTLE

10 UNITED STATES OF AMERICA,

)

)

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Plaintiff

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)

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v.

)

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13 SUMMERHILL PLACE, LLC,

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GRAN, INC., and RITA LOVEJOY,

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Defendants.

)

15 ____________________________________)

NO. 2:10-cv-01150-JLR CONSENT ORDER

16 I. INTRODUCTION

17 1. Plaintiff, United States of America, initiated this action on July 16, 2010 pursuant to 42 U.S.C.

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§§ 3612(o) and 3614(a) to enforce the Fair Housing Act, as amended 42 U.S.C. §§ 3601-3631.

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The Complaint alleges that the Defendants Summerhill Place, LLC, GRAN, Inc. and Rita

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Lovejoy engaged in discrimination on the basis of race, color, national origin and familial

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status in the rental of dwellings at Summerhill Place Apartments located at 10415 SE 174th

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PROPOSED CONSENT ORDER-1
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United States Department of Justice Civil Rights Division
Housing and Civil Enforcement Section 950 Pennsylvania Ave., N.W.- G Street
Washington, D.C., 20530 202-514-4713

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Case 2:10-cv-01150-JLR Document 19-1 Filed 03/07/11 Page 2 of 21

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Street, Renton, Washington 98055 (“Summerhill”), in violation of the Fair Housing Act, as

2

amended, 42 U.S.C. §§ 3601 et seq.

3 2. Defendant Summerhill Place, LLC owns Summerhill.

4 3. Defendant GRAN, Inc. has overseen the management of Summerhill from 2002.

5 4. Rita Lovejoy was the resident manager of Summerhill from October 1997 until approximately

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November 2008 when GRAN, Inc. terminated Ms. Lovejoy's management responsibilities.

7 5. Defendants deny the United States' allegations and specifically deny that they discriminated on

8

the basis of race, color, national origin, and familial status. The Parties agree that this Consent

9

Order is a compromise of a disputed claim and should not be construed in any way as an

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admission by Defendants of any liability whatsoever or as admission by Defendants of any

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wrongdoing.

12 6. The parties agree that this Court has jurisdiction pursuant to 28 U.S.C. §§ 1331, 1345 and 42

13

U.S.C. § 3614(a).

14 7. The Parties have agreed to the entry of this Consent Order to resolve all claims of the United

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States against Defendants and to avoid costly and protracted litigation.

16 8. This Consent Order is effective upon its entry by the Court. For purposes of this Consent

17

Order, the phrase “date of this Order” shall refer to the date on which the Court enters the

18

Order.

19 ACCORDINGLY, it is hereby ADJUDGED, ORDERED and DECREED:

20 II. GENERAL INJUNCTION

21 9. Defendants, their agents, employees, and successors are hereby enjoined, with respect to the

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rental of dwellings, from:

PROPOSED CONSENT ORDER-2
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24

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United States Department of Justice Civil Rights Division
Housing and Civil Enforcement Section 950 Pennsylvania Ave., N.W.- G Street
Washington, D.C., 20530 202-514-4713

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Case 2:10-cv-01150-JLR Document 19-1 Filed 03/07/11 Page 3 of 21

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a. Refusing to rent a dwelling unit, refusing or failing to provide or offer information about a

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dwelling unit, or otherwise making unavailable or denying a dwelling unit to any person

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because of race, color, familial status, or national origin;

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

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dwelling, or in the provision of services or facilities in connection therewith, because of

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race, color, familial status, or national origin;

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c. Making, printing, or publishing, or causing to be made, printed, or published any notice,

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statement or advertisement, with respect to the rental of a dwelling that states any

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preference, limitation, or discrimination based on race, color, familial status, or national

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origin; or

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d. Misrepresenting the availability of dwelling units based on race, color, familial status, or

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national origin.

13 III. INJUNCTIVE RELIEF WITH RESPECT TO RITA LOVEJOY

14 10. Defendants Summerhill Place, LLC and GRAN, Inc. are hereby enjoined from employing or

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otherwise retaining Defendant Rita Lovejoy in any position that involves managing, operating,

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renting, interacting with tenants or prospective tenants about, performing or supervising

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maintenance in connection with, or otherwise providing services relating to the rental of

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dwellings.

19 11. Defendant Lovejoy represents that she is not currently working in any way in connection with

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the rental of dwellings. If, during the term of the Order, Ms. Lovejoy begins to work in any

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capacity in connection with the rental of dwelling, she shall: (a) provide the person(s)

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employing or retaining her in such activities with a copy of this Order; and (b) immediately

PROPOSED CONSENT ORDER-3
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United States Department of Justice Civil Rights Division
Housing and Civil Enforcement Section 950 Pennsylvania Ave., N.W.- G Street
Washington, D.C., 20530 202-514-4713

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Case 2:10-cv-01150-JLR Document 19-1 Filed 03/07/11 Page 4 of 21

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notify the United States of the nature and location of her activities, including the name, and

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address, and contact information for the place of business and the persons(s) retaining and

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supervising her.

4 IV. ADOPTION AND IMPLEMENTATION OF UNIFORM NONDISCRIMINATORY

5

PROCEDURES

6 12. Uniform and Nondiscriminatory Procedures: Within thirty (30) days of the entry of this

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Consent Order, Summerhill Place, LLC and GRAN, Inc. shall create and submit for approval to

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the United States written Uniform and Nondiscriminatory Procedures for:

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a. Receiving, handling, processing, rejecting and approving rental inquiries and applications,

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including those made in-person, by telephone, and by mail;

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b. Identifying what information will be provided to prospective tenants under Paragraph 14 of

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this Order;

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c. Determination of which unit new tenants will occupy;

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d. Transferring existing tenants to different units;

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e. Receiving, processing, and performing maintenance requests made by tenants;

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f. Replacing appliances in dwelling units; and

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g. The use of the grassy area (hereinafter “green space”) adjacent to buildings 4 and 5 by all

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residents and their guests, including children. The green space area is identified in the map

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attached as Appendix A.

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Within seven (7) business days of receipt of notice of the United States’ approval of the

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Uniform and Nondiscriminatory Procedures, Summerhill Place, LLC and GRAN, Inc. shall

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implement such written Uniform and Nondiscriminatory Procedures at Summerhill. During the

PROPOSED CONSENT ORDER-4
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United States Department of Justice Civil Rights Division
Housing and Civil Enforcement Section 950 Pennsylvania Ave., N.W.- G Street
Washington, D.C., 20530 202-514-4713

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Case 2:10-cv-01150-JLR Document 19-1 Filed 03/07/11 Page 5 of 21

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term of this Order, if Summerhill Place, LLC and GRAN, Inc. wish to modify or alter the

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Uniform and Nondiscriminatory Procedures, they shall submit the proposed changes to counsel

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for the United States for review and approval, such approval shall not be unreasonably

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withheld.

5 13. Guest Cards: Within fifteen (15) days of the entry of this Order, Summerhill Place, LLC and

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GRAN, Inc. shall maintain Guest Cards and request that all persons who visit Summerhill in-

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person to inquire about renting an apartment at Summerhill fill out a Guest Card providing the

8

date of their visit, their name, their address, their daytime telephone numbers and other contact

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information and the date by when they wish to move. Summerhill Place, LLC and GRAN,

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Inc., at their choosing, may also comply with this provision by asking the prospective tenant for

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the information identified above and filling out the Guest Card on their behalf. If a prospective

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tenant refuses to fill out a Guest Card, does not fully fill out the Guest Card, or does not

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provide sufficient information to fully fill out a Guest Card, Summerhill Place, LLC and

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GRAN, Inc. will not be considered to be in violation of this section. If a prospective tenant

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refuses to fill out the Guest Card, Summerhill Place, LLC or GRAN, Inc. shall fill out as much

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information as possible. Summerhill Place, LLC and GRAN, Inc. shall note on the Guest Card,

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the dwelling units the person was shown, whether the person was given an application and the

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name of the employee who attended to the visitor.

19 14. Information Provided to Prospective Applicants: Within fifteen (15) days of the entry of this

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Order, Summerhill Place, LLC, and GRAN, Inc. shall maintain a computerized database of

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ready, available, and showable dwelling units. From that database, Summerhill Place, LLC and

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GRAN, Inc. shall maintain a list comprised of those available units which Summerhill Place,

PROPOSED CONSENT ORDER-5
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24
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United States Department of Justice Civil Rights Division
Housing and Civil Enforcement Section 950 Pennsylvania Ave., N.W.- G Street
Washington, D.C., 20530 202-514-4713

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Case 2:10-cv-01150-JLR Document 19-1 Filed 03/07/11 Page 6 of 21

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LLC and GRAN, Inc. are seeking to rent (the “Target list”), updated periodically. The Target

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list will be used to inform all persons who inquire about renting apartments at Summerhill of all

3

available apartments which Summerhill Place, LLC and GRAN, Inc. seek to rent of the type

4

they inquire about. Summerhill Place, LLC and GRAN, Inc. may first show prospective

5

tenants the mini-model (if in use). If no apartment on the Target list meets their specifications,

6

the database will be used to determine if another apartment is ready, available or showable that

7

meets their specifications. Summerhill Place, LLC and GRAN, Inc. shall inform all such

8

person that they may fill out an application or, if no apartment of the particular size that they

9

are seeking is ready, available or showable, that they may be placed on a waiting list.

10 15. Wait Lists: Within fifteen (15) days of the entry of this Order, to the extent a particular size

11

apartment is not available, Summerhill Place, LLC and GRAN, Inc. shall maintain waiting lists

12

for each size unit at Summerhill Place Apartments that contains (to the extent the information is

13

provided by the prospective tenant) each prospective tenant’s current address, daytime

14

telephone number and other contact information, email address, and the number of intended

15

occupants. Summerhill Place, LLC and GRAN, Inc. shall also indicate, for each prospective

16

tenant, the time and date he or she was placed on the list and the name of the employee who

17

received the applicant’s application. Names on the waiting list will be removed after six

18

months, unless the prospective tenant advises that they want to continue to be maintained on

19

the waiting list. When a unit of the type sought by a prospective tenant becomes available,

20

Summerhill Place, LLC and GRAN, Inc. shall attempt to notify persons on the waiting list by

21

phone and/or email of the availability of the unit prior to offering it to a person not on the list.

22

To the extent such attempts are not made simultaneously, the contacts shall be made in the

PROPOSED CONSENT ORDER-6
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24
25

United States Department of Justice Civil Rights Division
Housing and Civil Enforcement Section 950 Pennsylvania Ave., N.W.- G Street
Washington, D.C., 20530 202-514-4713

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Case 2:10-cv-01150-JLR Document 19-1 Filed 03/07/11 Page 7 of 21

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order in which persons are listed on the wait list. Any prospective tenants will have 24 hours

2

from the time of the attempted contact to fill out an application and provide a holding deposit

3

for the available unit or their name will be removed from the waiting list and the apartment will

4

be released to the next prospective tenant.

5 16. Rental Applications: Summerhill Place, LLC and GRAN, Inc. shall permit all persons who

6

inquire about renting a dwelling unit at Summerhill the opportunity to complete a written rental

7

application. Summerhill Place, LLC and GRAN, Inc. shall note on each rental application

8

filled out by a prospective tenant for Summerhill, the month, day, year, and time that

9

Summerhill Place, LLC and GRAN, Inc. received the application. To the extent Summerhill

10

Place, LLC and GRAN, Inc. rejects any application for housing, Summerhill Place, LLC and

11

GRAN, Inc. shall provide, either on the application or on an attachment to the application, a

12

written explanation why the applicant was determined ineligible for tenancy, including all

13

reasons therefore and any supporting documentation, and the name of the employee or entity

14

who made the decision. Within three (3) days of the decision to reject an applicant,

15

Summerhill Place, LLC and GRAN, Inc. shall notify such applicant of the rejection and the

16

reason therefore in writing by mailing a copy of the written reason for the rejection to the

17

address provided by the prospective tenant. Summerhill Place, LLC and GRAN, Inc. shall

18

offer an available dwelling unit to prospective tenants who are approved in the order the

19

completed application plus a holding deposit was received by Summerhill.

20 17. Use of Green Space: Within fifteen (15) days of the entry of this Order, Summerhill Place, LLC

21

and GRAN, Inc. shall make the green space located between Buildings 4 and 5 available for the

22

use of residents, including children, and their guests, and shall place one or more signs noting

PROPOSED CONSENT ORDER-7
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24
25

United States Department of Justice Civil Rights Division
Housing and Civil Enforcement Section 950 Pennsylvania Ave., N.W.- G Street
Washington, D.C., 20530 202-514-4713

26

Case 2:10-cv-01150-JLR Document 19-1 Filed 03/07/11 Page 8 of 21

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that this is a “recreational space.” The green space area is identified in the map attached as

2

Appendix A. To the extent that Summerhill Place, LLC and GRAN, Inc. discuss areas for play

3

by children with prospective tenants, whether in response to an inquiry from the prospective

4

tenant or at Summerhill Place, LLC and GRAN, Inc.’s initiative, Summerhill Place, LLC and

5

GRAN, Inc. shall inform such prospective tenants that the green space is available for all

6

residents, including children, to use in accordance with Summerhill policy. Nothing in this

7

provision shall prohibit Summerhill Place, LLC and GRAN, Inc. from adopting reasonable

8

rules on the use of the green space by residents and their guests. Any such rules shall be

9

included in the rules and procedures adopted pursuant to Paragraph 12.

10 V. TRAINING

11 18. Within sixty (60) days of the entry of this Order, Rita Lovejoy and all agents or employees of

12

the Defendants who have any responsibility for showing, renting, or managing dwellings at

13

Summerhill, and each agent or employee who supervises such activities, shall attend and

14

complete a fair housing training program, approved by the United States, at Summerhill Place,

15

LLC’s and GRAN, Inc.’s expense. Persons required to be trained include any employees who

16

show apartments to prospective tenants even if that task is not part of their job description. The

17

training shall be conducted by a qualified third party, unconnected to Defendants or their

18

employees or officers, agents, or counsel, approved by the United States, and Defendants shall

19

submit the name and contact information of the trainer to the United States for approval at least

20

at least thirty (30) days in advance of such training. The training shall include the following:

21

a. Informing each individual of his or her duties and obligations under this Order as well as

22

under the Fair Housing Act;

PROPOSED CONSENT ORDER-8
23

24

25

United States Department of Justice Civil Rights Division
Housing and Civil Enforcement Section 950 Pennsylvania Ave., N.W.- G Street
Washington, D.C., 20530 202-514-4713

26

Case 2:10-cv-01150-JLR Document 19-1 Filed 03/07/11 Page 9 of 21

1

b. Furnishing to each individual a copy of this Order and the Defendants’ Uniform and

2

Nondiscriminatory Procedures identified in Paragraph 12;

3

c. Explaining how the Defendants’ policies and procedures are designed to ensure that racial

4

discrimination, national origin discrimination and familial status discrimination does not

5

influence the process of providing rental information to persons who make inquiries, the

6

process of making decisions on rental applications, the process of determining which unit

7

an applicant or transfer rents, and the process of performing maintenance requests or

8

apartment renovations;

9

d. Conducting a question and answer session for purposes of reviewing items a through c

10

above and allowing all trainees to clarify their understanding of items a through c above;

11

and

12

e. Securing a signed certification in the form of the statement attached hereto as Appendix B,

13

from each such individual indicating that he or she attended the training and has received,

14

read, and understood this Order and the Defendants’ Uniform and Nondiscriminatory

15

Procedures identified in Paragraph 12.

16 19. During the period in which this Order is in effect, within sixty (60) days of commencing an

17

employment or agency relationship, all new agents or employees of the Defendants who have

18

responsibility for showing, renting, or managing dwellings at Summerhill Place Apartments,

19

including any employees who show apartment units even if that task is not part of their job

20

description and all new agents or employees who supervise such activities, shall be given a

21

copy of the written Uniform and Nondiscriminatory Procedures and this Consent Order and

22
PROPOSED CONSENT ORDER-9
23
24
25

United States Department of Justice Civil Rights Division
Housing and Civil Enforcement Section 950 Pennsylvania Ave., N.W.- G Street
Washington, D.C., 20530 202-514-4713

26

Case 2:10-cv-01150-JLR Document 19-1 Filed 03/07/11 Page 10 of 21

1

shall be given training as described in Paragraph 18, and shall be required to sign the statement

2

appearing at Appendix B.

3 VI. NOTIFICATION TO TENANTS AND PUBLIC

4 20. Summerhill Place, LLC and GRAN, Inc. shall:

5

a. Within seven business days of the receipt of the approval of the Notice of Uniform and

6

Nondiscriminatory Procedures identified in paragraph 12 provide each current tenant of

7

Summerhill, each new tenant of Summerhill (within five (5) business days of the

8

commencement of his or her tenancy), and each prospective applicant of Summerhill (at the

9

time of the completion of a Guest Card), with a written notice summarizing the Uniform

10

and Nondiscriminatory Procedures. This notice shall be submitted at the same time as the

11

proposed Uniform and Nondiscriminatory Procedures to the Justice Department for

12

approval before distribution;

13

b. Post and prominently display a full size HUD fair housing poster, HUD Form 928.1, in a

14

conspicuous location in or near the rental office or apartment or other location used as a

15

rental office at Summerhill and any other residential rental property owned or managed by

16

Defendants within thirty (30) days of the date of this Order;

17

c. Include the following written statement on all Defendants’ Rental Applications, Leases, and

18

Uniform and Nondiscriminatory Procedures, for Summerhill:

19

We are an equal opportunity housing provider. We do not discriminate on the

20

basis of race, color, religion, sex, national origin, familial status, or disability.

21 VII. RECORD KEEPING, MONITORING, AND REPORTING

22
PROPOSED CONSENT ORDER-10
23
24
25

United States Department of Justice Civil Rights Division
Housing and Civil Enforcement Section 950 Pennsylvania Ave., N.W.- G Street
Washington, D.C., 20530 202-514-4713

26

Case 2:10-cv-01150-JLR Document 19-1 Filed 03/07/11 Page 11 of 21

1 21. The United States may take steps to monitor Defendants’ compliance with the Fair Housing

2

Act and this Consent Order including, but not limited to, conducting fair housing tests at any

3

dwelling in which any Defendant, now or in the future, has a direct or indirect ownership,

management, or financial interest. 4
22. Throughout the duration of this Order, Summerhill Place, LLC and GRAN, Inc. shall preserve
5 and maintain all records for Summerhill which are the source of, contain, or relate to, any
6 information pertinent to their obligations under this Order, (which may be maintained jointly)
7 including, but not limited to, the following:
8 a. Guest Cards;
9 b. Wait Lists;
10 c. Rental Applications;
11 d. Leases;
12 e. a copy of the Uniform and Nondiscriminatory Procedures form;
13 f. Tenant rules and regulations;
14 g. Rental ledgers; and
15 h. Any traffic or screening log.
16 23. Within one hundred and twenty (120) days of the entry of this Order, Summerhill Place, LLC
17 and GRAN, Inc. shall submit the following records to counsel for the United States (which may
18 be a joint submission):
19 a. Copies of all written verifications of the training (see Appendix B) conducted pursuant to
20 the requirements set forth above;
21

22
PROPOSED CONSENT ORDER-11
23
24
25

United States Department of Justice Civil Rights Division
Housing and Civil Enforcement Section 950 Pennsylvania Ave., N.W.- G Street
Washington, D.C., 20530 202-514-4713

26

Case 2:10-cv-01150-JLR Document 19-1 Filed 03/07/11 Page 12 of 21

1

b. A photograph of the rental office or apartment used as rental office at Summerhill and any

2

other residential rental property owned or managed by Defendants, which verify that the

3

Fair Housing Poster is being displayed as required by the terms enumerated above;

4

c. Representative copies of all of the documents required to be generated or modified by

5

Paragraph 20(a) and (c) ;

6

d. Copies of any existing tenant rules and regulations for Summerhill; and

7

d. Written verification that the Uniform and Nondiscriminatory Procedures has been

8

distributed as required by the terms enumerated above.

9 24. Within one hundred and twenty (120) days after the entry of this Order, on or before the first

10

and second anniversary of the entry of this Order, and within sixty (60) days of the three-year

11

anniversary of the entry of the Order, Summerhill Place, LLC and GRAN, Inc. shall deliver to

12

counsel for the United States a report (which may be a joint submission) containing the

13

following information (the first report shall cover the initial ninety (90) days and the

14

subsequent reports shall cover the period since the last report):

15

a. To the extent that these documents have not been provided previously, copies of all written

16

verifications of the training (see Appendix B) conducted pursuant to the requirements

17

enumerated above;

18

b. A report identifying by apartment number each new household moving into dwellings at

19

Summerhill during the reporting period and for each such household, the name, race,

20

national origin, familial status (including approximate ages of any minors) of the tenants,

21

based on good faith observation by the Summerhill Place, LLC and GRAN, Inc. and the

22
PROPOSED CONSENT ORDER-12
23
24
25

United States Department of Justice Civil Rights Division
Housing and Civil Enforcement Section 950 Pennsylvania Ave., N.W.- G Street
Washington, D.C., 20530 202-514-4713

26

Case 2:10-cv-01150-JLR Document 19-1 Filed 03/07/11 Page 13 of 21

1

date on which each dwelling was vacated by the previous tenant, and the date on which

2

each dwelling was occupied by a new tenant.

3 25. Summerhill Place, LLC and GRAN, Inc. shall also advise counsel for the United States, in

4

writing, within thirty (30) days of receipt of any complaint, whether written or oral, against the

5

Defendants or against any of Defendants’ employees, agents or residential rental properties or

6

dwellings, regarding alleged discrimination based on race, color, national origin, or familial

7

status. This notification shall include a copy of the complaint, the full details of the complaint,

8

any action taken by Summerhill Place, LLC or GRAN, Inc. in response to the complaint, the

9

complainant’s name, the complainant’s address, and the complainant’s telephone number.

10

Upon request, all of the pertinent documents shall also be sent to the United States.

11

Summerhill Place, LLC and GRAN, Inc. shall also advise counsel for the United States, in

12

writing, within fifteen (15) days of the resolution of any complaint identified above (if a

13

resolution is reached).

14 26. During the term of this Order, representatives of the United States shall be permitted, upon ten

15

days written notice to Summerhill Place, LLC and GRAN, Inc., to inspect and copy at

16

reasonable times any and all records related to the rental of dwellings at Summerhill or related

17

to Summerhill Place, LLC’s and GRAN, Inc.’s obligations under this Order.

18 VIII. MONETARY DAMAGES FOR AGGRIEVED PERSONS

19 27. Within ten (10) business days of the entry of this Consent Order, Summerhill Place, LLC and

20

GRAN, Inc. shall deposit $85,000 in an interest bearing escrow account for the purpose of

21

compensating persons who are deemed by the United States to be aggrieved persons as set forth

22

below (“final aggrieved person”). This money shall be referred to as “the Settlement Fund.”

PROPOSED CONSENT ORDER-13
23
24
25

United States Department of Justice Civil Rights Division
Housing and Civil Enforcement Section 950 Pennsylvania Ave., N.W.- G Street
Washington, D.C., 20530 202-514-4713

26

Case 2:10-cv-01150-JLR Document 19-1 Filed 03/07/11 Page 14 of 21

1

Any interest accruing to the fund shall become a part of the fund and be utilized as set forth

2

herein. All expenses related to the establishment of the account shall be borne by the

3

Summerhill Place, LLC and GRAN, Inc. In no event will Defendants be required to contribute

4

additional sums or funds to the Settlement Fund.

5 28. Within thirty (30) days of the entry of this Order, Summerhill Place, LLC and GRAN, Inc. shall

6

publish the Notice set forth at Appendix C as follows: (1) In the Seattle Times on three

7

occasions separated from one another by at least twenty-one (21) days, and at least two

8

publication dates on a Sunday and (2) In the RentonReporter.com on three occasions

9

separated from one another by at least twenty-one (21) days. The Notice shall be no smaller

10

than three columns by six inches. All of the costs associated with this notice, its publication,

11

and distribution shall be borne by Summerhill Place, LLC and GRAN, Inc. Summerhill Place,

12

LLC and GRAN, Inc. shall provide proof of publication to counsel for the United States within

13

ten (10) business days of publication in the form of an affidavit of publication from the

14

publisher.

15 29. Within fifteen (15) days of the entry of this Order, Summerhill Place, LLC and GRAN, Inc.

16

shall send a copy of the Notice to the organizations listed in Appendix D.

17 30. Within thirty (30) days of the entry of this Order, Summerhill Place, LLC and GRAN, Inc. shall

18

mail a copy of the Notice set forth in Appendix C to all of its current tenants residing in

19

Summerhill. Within thirty (30) days of the entry of this Order, Summerhill Place, LLC and

20

GRAN, Inc. shall mail a copy of the Notice set forth in Appendix C to the last known addresses

21

for tenants of Summerhill from 2002 to the date of the entry of this Order. Within forty-five

22
PROPOSED CONSENT ORDER-14
23
24
25

United States Department of Justice Civil Rights Division
Housing and Civil Enforcement Section 950 Pennsylvania Ave., N.W.- G Street
Washington, D.C., 20530 202-514-4713

26

Case 2:10-cv-01150-JLR Document 19-1 Filed 03/07/11 Page 15 of 21

1

(45) days of entry of this Order, Defendants shall provide to counsel for the United States proof

2

that the Notice has been sent in the form of an Affidavit of Mailing.

3 31. Within twenty (20) days of the date of entry of this Consent Order, Summerhill Place, LLC and

4

GRAN, Inc. shall make available to the United States for inspection and copying all rental

5

records for Summerhill from 2002 to the date of entry of this Order for the United States’ use in

6

identifying potential aggrieved persons. Such records shall include but not be limited to: rental

7

applications, guest cards, current and former tenant lists, current and former tenant files, tenant

8

complaints, and maintenance records and logs.

9 32. Nothing in this Order shall preclude the United States from making its own efforts to locate and

10

provide notice to potential aggrieved persons (such as conducting door-to-door interviews of

11

current tenants).

12 33. Within one hundred and eighty (180) days from the entry of this Order, the United States shall

13

make a preliminary determination of which persons are aggrieved and an appropriate amount of

14

damages that should be paid to each such person. The United States will inform the

15

Defendants in writing of its preliminary determinations, together with a copy of a sworn

16

declaration from each allegedly aggrieved person setting forth the factual basis of the claim.

17

The Defendants shall have fourteen (14) days to review the declaration and provide to the

18

United States any documents or information that they believe may refute the claim.

19 34. After receiving the Defendants’ comments, the United States shall submit its final

20

recommendations, together with a copy of the declarations and any additional information

21

submitted by Defendants, to the Court. However, if the Defendants agree with the United

22

States’ recommendations, the recommendation shall be submitted to the Court in the form of a

PROPOSED CONSENT ORDER-15
23
24
25

United States Department of Justice Civil Rights Division
Housing and Civil Enforcement Section 950 Pennsylvania Ave., N.W.- G Street
Washington, D.C., 20530 202-514-4713

26

Case 2:10-cv-01150-JLR Document 19-1 Filed 03/07/11 Page 16 of 21

1

Stipulated Order. When the Court issues an order approving or changing the United States’

2

proposed distribution of funds for allegedly aggrieved persons, the Defendants shall, within ten

3

(10) days of the Court's order, deliver to the United States checks payable to the aggrieved

4

persons in the amounts approved by the Court. In no event shall the aggregate of all such

5

checks exceed the amount of the Settlement Fund, including any accrued interest.

6 35. When counsel for the United States has received a check from Defendants payable to an

7

aggrieved person and a signed release in the form of Appendix E from the aggrieved person,

8

counsel for the United States shall deliver the check to the aggrieved person and the original,

9

signed release to Defendant. No aggrieved person shall be paid until he/she has signed and

10

delivered to counsel for the United States the release at Appendix E.

11 36. In the event that less than the total amount in the Settlement Fund including accrued interest is

12

distributed to persons deemed to be aggrieved by the United States, the Court shall order the

13

remainder of the Settlement Fund be distributed to a qualified organization(s) mutually agreed

upon by the United States and Summerhill Place, LLC and GRAN, Inc., subject to the approval 14
of the Court, for the purpose of conducting fair housing enforcement or educational activities in 15
the metropolitan Seattle area.

16

37. Summerhill Place, LLC and GRAN, Inc. shall permit the United States, upon seven (7)

17

business days written notice, to review any relevant records that may facilitate its

18

determinations regarding the claims of alleged aggrieved persons.

19 IX. CIVIL PENALTY

20

38. Summerhill Place, LLC and GRAN, Inc. shall pay a total sum of $25,000 to the United States

21

as a civil penalty pursuant to 42 U.S.C. § 3614(d)(1)(C). Said sum shall be paid within ten (10)

22
PROPOSED CONSENT ORDER-16
23
24
25

United States Department of Justice Civil Rights Division
Housing and Civil Enforcement Section 950 Pennsylvania Ave., N.W.- G Street
Washington, D.C., 20530 202-514-4713

26

Case 2:10-cv-01150-JLR Document 19-1 Filed 03/07/11 Page 17 of 21

1

days of the date of entry of this Order by submitting a check to counsel for the United States

2

made payable to the United States of America.

3 X. TRANSFER OF INTEREST

4 39. If, during the term of this Order, the Defendant Summerhill Place, LLC maintains that its

5

reporting obligations under this Order relating to Summerhill have terminated or changed

6

because they have sold or transferred any portion of Summerhill to a bona-fide third party

7

purchaser in an arms length transaction, Defendant Summerhill Place, LLC shall inform the

8

United States and provide the date of the sale or transfer, copies of the sale or transfer

9

documents, and the name(s) and contact information for the subsequent purchaser. Any such

10

sale or transfer shall not affect Defendant GRAN, Inc.’s obligation so long as it is still

11

providing management services for Summerhill.

12 40. If during the term of this order, GRAN, Inc. asserts that its reporting obligations under this

13

order have ceased or changed because they no longer provide management services to

14

Summerhill Place, LLC or for Summerhill, GRAN, Inc. shall inform the United States and

15

provide a copy of any documents ending such management services.

16 XI. NOTICES

17 41. Any Notices, documents or written materials that are required to be provided to the United

18

States of counsel for the United States shall be sent by commercial (non-USPS) overnight

19

delivery service address as follows: United States Department of Justice, Civil Rights

20

Division, Housing and Civil Enforcement Section, 1800 G Street, N.W. Suite 7002,

21

Washington, D.C. 20006, Attn: D.J. # 175-82-145 and by email as follows:

22

julie.allen@usdoj.gov; beth.frank@usdoj.gov. Any Notices, documents, or written materials

PROPOSED CONSENT ORDER-17
23
24
25

United States Department of Justice Civil Rights Division
Housing and Civil Enforcement Section 950 Pennsylvania Ave., N.W.- G Street
Washington, D.C., 20530 202-514-4713

26

Case 2:10-cv-01150-JLR Document 19-1 Filed 03/07/11 Page 18 of 21

1

that are required to be provided to counsel for Defendants shall be sent by email to the

2

following email addresses: pam.salgado@bullivant.com; Genevieve.schmidt@bullivant.com;

3

nelson@graninc.com

4 XII. DURATION, MODIFICATIONS AND REMEDIES FOR NON-COMPLIANCE

5 42. This Consent Order shall remain in effect for three (3) years from the date of the entry of this

6

Order. However, in the event that there is a material and substantial failure by any Defendant

7

to satisfy the terms or provisions of the Consent Order, the United States may file a motion

8

requesting that the term of the Consent Order be extended.

9 43. Any time limits for performance imposed by this Consent Order may be extended by the

10

mutual written agreement of the Parties.

11 44. The Court shall retain jurisdiction for the duration of this Consent Order to enforce the terms of

12

the Order. The United States may move the Court to extend the duration of the Order in the

13

interests of justice.

14 45. The Parties shall employ their best efforts to resolve any differences that arise in the

15

implementation or interpretation of this Consent Order. In the event that such efforts fail,

16

either party, after meeting-and-conferring with the other party, may bring the matter to the

17

Court’s attention for resolution. In the event of a failure by Defendants to perform in a timely

18

manner any act required by this Order or otherwise to act in conformance with any provision

19

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

20

equity, including, but not limited to, an order requiring performance or deeming such act to

21

have been performed, and an award of any damages, costs, and reasonable attorney’s fees

22

which may have been occasioned by the Defendant’s violation or failure to perform.

PROPOSED CONSENT ORDER-18
23
24
25

United States Department of Justice Civil Rights Division
Housing and Civil Enforcement Section 950 Pennsylvania Ave., N.W.- G Street
Washington, D.C., 20530 202-514-4713

26

Case 2:10-cv-01150-JLR Document 19-1 Filed 03/07/11 Page 19 of 21

1 46. By consenting to entry of this Consent Order, the United States and Defendants agree that in

2

the event the Defendants engage in any future violation(s) of the Fair Housing Act in any rental

3

ownership or management beginning after entry of the Consent Order, such violation(s) shall

4

constitute a “subsequent violation” pursuant to 42 U.S.C. § 3614(d)(1)(C)(ii).

5 XIII. COSTS OF LITIGATION

6 47. Each party to this Order shall bear its own costs and attorney’s fees associated with this

7

litigation.

8 IX. SIGNATURE OF THE PARTIES

9 48. The Parties consent to the entry of this Consent Order as indicated by the signatures of counsel

10

below:

11

12

13

14

15

16

17

18

19

20

21

22
PROPOSED CONSENT ORDER-19
23
24
25

United States Department of Justice Civil Rights Division
Housing and Civil Enforcement Section 950 Pennsylvania Ave., N.W.- G Street
Washington, D.C., 20530 202-514-4713

26

Case 2:10-cv-01150-JLR Document 19-1 Filed 03/07/11 Page 20 of 21

1 DATED this 7th day of March, 2011

2 Presented By,

3 Counsel for the United States:

4 JENNY A. DURKAN United States Attorney
5 Western District of Washington

THOMAS H. PEREZ Assistant Attorney General Civil Rights Division

6 s/ Patricia D. Gugin
7 PATRICIA D. GUGIN WSBA #43458
8 Assistant United States Attorney 1201 Pacific Avenue, Suite 700
9 Tacoma, Washington 98402 Phone: 253-428-3832
10 Fax: 253-428-3826 E-mail: pat.gugin@usdoj.gov
11
12
13
14

s/Beth Frank STEVEN H. ROSENBAUM TIMOTHY J. MORAN Deputy Chief JULIE ALLEN, VABA #41578 BETH FRANK, NYBA #4067831 Trial Attorneys Housing and Civil Enforcement Section Civil Rights Division U.S. Department of Justice 950 Pennsylvania Ave., N.W. – G Street Washington, D.C. 20530 E-mail: julie.allen@usdoj.gov E-mail: beth.frank@usdoj.gov Phone: 202-514-4713 Fax: 202-514-1116

15 Counsel for the Defendants:
16 Counsel for Defendant Summerhill Place, LLC, GRAN, Inc. and Rita Lovejoy: Bullivant Houser Bailey PC
17

18

s/ Pamela Salgado

19

Pamela Salgado, WSBA #22741 E-Mail: pam.salgado@bullivant.com

20

Brian K. Keeley, WSBA #32121 E-Mail: brian.keeley@bullivant.com

Bullivant Houser Bailey PC

21 1601 Fifth Avenue, Suite 2300

Seattle, Washington 98101-1618

22 206.292.8930

PROPOSED CONSENT ORDER-20
23

24

25

United States Department of Justice Civil Rights Division
Housing and Civil Enforcement Section 950 Pennsylvania Ave., N.W.- G Street
Washington, D.C., 20530 202-514-4713

26

Case 2:10-cv-01150-JLR Document 19-1 Filed 03/07/11 Page 21 of 21

1

2 DATED this __ day of ______ 2011.
3

4 _______________________

5

JAMES L. ROBART

UNITED STATES DISTRICT COURT JUDGE

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22
PROPOSED CONSENT ORDER-21
23
24
25

United States Department of Justice Civil Rights Division
Housing and Civil Enforcement Section 950 Pennsylvania Ave., N.W.- G Street
Washington, D.C., 20530 202-514-4713

26

 
 Case 2:10-cv-01150-JLR Document 22 Filed 03/08/12 Page 1 of 11

1

ElUllllll

--_--.-:-.~

Illll OIlGlll

-

RlW'llD -

MAR 08 1.1l\1
4

1HE HONORABLE JAMES L. ROBART-

1111111 11111 1111111111 11111 1111111111 1111 1111

6

11111111 111111111111111111111111111

7

lO-CV-01150-0RD

8

9

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

10

AT SEATTLE

11 UNITED STATES OF AMBRlCA,

12

Plaintiff

13

v.

14 SUMMERHILL PLACE, LLC, GRAN, INC., and RITA LOVEJOY,
15 Defendants.
16

)

)

NO. 2:I0-cv-Ol1S0-JLR

)

)

)

STIPULATION AND ORDER

)

REGARDING DISTRIBUTION OF

)

SETTLEMENT FUND

)

)

)

)

17

The Court e:ntered a Consent Order in this case on March 8, 2011, resolving the United States'

18 lawsuit alleging that defendants Summerhill Place, LLC, GRAN, Inc. and Rita Lovllioy ("defendants")

19 engaged in a pattern or practice of discrimination on the basis of race, color, national origin and

20 familial status in violation of the Fair Housing Act, 42 U.S.C. §§ 3601-3619. Defendants deny the

21 United States' allegations and specifically deny that they discriminated on the basis ofrace, color,

22 national origin, or familial status. This is a compromise of a disputed claim and should not be

Stipulation and Order Regarding Distribution of Settlement Fund - 1 23
24
25

United States Department of Justice Civil Rights Division
Housing and Civil Enforcement Section 950 PeDllb-yivaniaAve., N.W.- G Street
Washington, D.C., 20530 202-307-6275

26

I

Case 2:10-cv-01150-JLR Document 22 Filed 03/08/12 Page 2 of 11

1 ,

1 construed in any way as an admission by defendants of any liability whatsoever or as admission by 2 defendants ofany wrongdoing.

3

Paragraph 27 ofthe Consent Order directed the defendants to "deposit $85,000 in an interest

4 bearing escrow account for the purpose of compensating persons who are deemed by the United States

5 to be aggrieved persons" ("the Settlement Fund"). The Settlement Fund is to be paid to aggrieved

6 persons as determined by the United States, or to a qualified organization if there is excess amounts in

7 the Settlement Fund.

8

Paragraphs 33 and 34 ofthe Consent Order descnbe a process for the parties to attempt to reach

9 agreement on an appropriate amotmt ofdamages that should be paid to aggrieved persons. In addition,

10 Paragraph 34 ofthe Consent Order provides that the funds are to be distributed after the Court issues

11 an order approving or changing the proposed distribution of funds. The United States has identified 21

12 aggrieved persons and has provided copies of sworn declarations from each aggrieved person to the 13 defendants pursuant to paragraph 33 of the Consent Order. l The defendants do not contest the 14 identified aggrieved persons.

15

Thus, the United States and the defendants stipulate to the following payments, subject to

16 appropriate withholding of taxes, if any, to those individuals Qisted below) identified as aggrieved

17 parties by the United States: 18

19
20

21

1 The United States will provide copies of the declarations to the Court upon the Court's request.

22 Stipulation and Order RegiUding Distribntion of Settlement Fund - 2
23
24
25

United States DePartment ofJustice Civil Rights Division
Housing and Civil Enfurcement Section 950 Pennsylvania Ave., N.W.- G Street
Washington, D.C., 20530 202-307-6275

26

Case 2:10-cv-01150-JLR Document 22 Filed 03/08/12 Page 3 of 11

1

Aggrieved Person

Payment Amount

2

Seema Bhatia

$2,750 plus an equal share of the interest accrued on the

3

$85,000 Settlement Fund between the date ofits crea1ion,

4

and the date the defendants issue. the checks to the

5

aggrieved persons.

6

Ronald Tyrone Blackwell

$5,500 plus an equal share of the interest accrued on the

7

$85,000 Settlement Fund between the date of its creation,

8

and the date the defendants issue the checks to the

9

aggrieved persons.

10

Felamex Case

$2,750 plus an equal share of the interest accrued on the

11

$85,000 Settlement Fund between the date ofits creation,

12

and the date the defendants issue the checks to the

13

aggrieved persons.

14

Kenneth Case

$2,750 plus an equal share of the interest accrued on the

15

$85,000 Settlement Fund between the date of its creation,

16

and the date the defendants issue the checks to the

17

aggrieved persons.

18

Brandy Davis

$2,750 plus an equal share ofthe interest accrued on the

19

$85,000 Settlement Fund between the date ofits creation,

20

and the date the defendants issue the checks to the

21

aggrieved persons.

22
Stipulation and Order Regarding Distribution of Settlement Fund - 3
23
24
25

United Slates Department of Justice Civil Rights Division
Housing and Civil Enforcement Section
950 Pennsylvania Ave., N.W.- G Street Washington, D.C., 20530
202-30H275

26

Case 2:10-cv-01150-JLR Document 22 Filed 03/08/12 Page 4 of 11

1

Justin Davis

$2,750 plus an equal share ofthe interest accrued on the

2

$85,000 Settlement Fund between the date of its creation,

3

and the date the defendants issue the checks to the

4

aggrieved persons.

5

Betty Gibbins

$5,500 plus an equal share of the interest accrued on the

6

$85,000 Settlement Fund between the date of its creation,

7

and the date the defendants issue the checks to the

8

aggrieved persons.

9

Lavanya Godisela

$4,000 plus an equal share ofthe il1terest accrued on the

10

$85,000 Settlement Fund between the date ofits creation,

11

and the date the defendants issue the checks to the

12

aggrieved persons.

13

Amit Kathpalia

$2,750 plus an equal share ofthe interest accrued on the

14

$85,000 Settlement Fund between the date of its creation,

15

and the date the defendants issue the checks to the

16

aggrieved persons.

17

Sherrie Knoedler

$4,000 plus an equal share of the interest accrued on the

18

$85,000 Settlement Fund between the date of its creation,

19

and the date the defendants issue the checks to the

20

aggrieved persons.

21

Hortense Merchant

$5,500 plus an equal share of the interest accrued on the

22

$85,000 Settlement Fund between the date of its creation,

Stipulation and Order Regarding Distribution of Settlement Fund - 4
23
24
25

United States Deparhnent ofJustice Civil Rights Division
Housing and Civil Enforcement Section 950 Pennsylvania Ave., N.W.- G Street
Washington, D.C., 20530 202-307-6275

26

Case 2:10-cv-01150-JLR Document 22 Filed 03/08/12 Page 5 of 11

1

and the date the defendants issue the checks to the

2

aggrieved persons.

3

Arvind Mundra

$5,500 plus an equal share of the interest accrued on the

4

$85,000 Settlement Fund between the date of its creation,

5

and the date the defendants issue the checks to the

6

aggrieved persons.

7

Roy Nelson

$5,500 plus an equal share of the interest accrued on the

8

$85,000 Settlement Fund between the date ofits creation,

9

and the date the defeodants issue the checks to the

10

aggrieved persons.

11

Olga Parulkar

$3,500 plus an equal share ofthe interest accrued on the

12

$85,000 Settlement FlUld between the date ofits creation,

13

and the date the defendants issue the checks to the

14

aggrieved persons.

15

Vij ay Parulkar

$3,500 pIns an equal share ofthe interest accrued on the

16

$85,000 Settlement Fund between the date of its creation,

17

and the date the defendants issue the checks to the

18

aggrieved persons.

19

Falguni Shukla

$5,500 plus an equal share of the interest accrued on the

20

$85,000 Settlement Fund between the date ofits creation,

21

and the date the defendants issue the checks to the

22

aggrieved persons.

Stipulation and Order Regarding Distribution of Settlement Fund - 5 23
24
25

United State. Department of Justice Civil Rights Division
Housing and Civil Enforcement Section 950 Pennsylvania Ave., N.W.- G Street
Washington, D.C., 20530 202-307-6275

26

Case 2:10-cv-01150-JLR Document 22 Filed 03/08/12 Page 6 of 11

1

Priyatham Sundar

2

3

4

5

Vijaya Sundar

$4,000 plus an equal share ofthe interest accrued on the $85,000 Settlement Fund between the date of its creation, and the date the defendants issue the checks to the aggrieved persons. $5,500 plus an equal share of the interest accrued on the

6

$85,000 Settlement Fund between the date of its creation,

7

and the date the defendants issue the checks to the

8

. aggrieved persons.

9

Chi Ling Tsou

10

11

12

$4,000 plus an equal share ofthe interest accrued on the $85,000 Settlement Fund between the date ofits creation, and the date the defendants issue the checks to the aggrieved persons.

13

Robert West

$3,500 plus an equal share of the interest accrued on the

14

$85,000 Settlement Fund between the date ofits creation,

15

and the date the defendants issue the checks to the

16

aggrieved persons.

17

Merone Mia Wolde-Meskel

$3,500 plus an equal share of the interest accrued on the

18

$85,000 Settlement Fund between the date ofits creation,

19

and the date the defendants issue the checks to the

20

aggrieved persons.

21

Within ten (10) days ofthe entry ofthis Order Regarding Distribution of Settlement Fund, the

22 United States shall provide notice to the aggrieved parties identified herein ofthis Order Regarding

Stipulation and Order Regarding Distnbution of Settlement Fund - 6
23
24
25

United States Department ofJustice Civil Rights Division
Housing and Civil Enforcement Section 950 Pennsylvania Ave., N.W.- G Street
Washington, D.C., 20530 202-307-6275

26

Case 2:10-cv-01150-JLR Document 22 Filed 03/08/12 Page 7 of 11

1 Distribution, shall request appropriate documentation, if any, and shall include a request from escrow

2 in this matter that the taxpayer identification number ("TIN") or individual taxpayer identification

3 number ("lTIN"), if any exists, be provided and that such TIN or ITIN is required to be provided under

4 authority oflaw. Within 70 days of the entry of this Order Regarding Distribution of Settlement Fund,

5 the United States shall submit to defendants W-9s, W-8s, or other appropriate docuinentation, if

6 received from the aggrieved parties, or, ifno docmnentation was received from by an aggrieved party,

7 shall identifY that no documentation was received. Within ten (10) business days of receipt from the

8 United States of the above identified documentation or of the identification that no documentation was

9 received, defendants shall deliver to the United Slates checks payable to the aggrieved persons as

10 identified above, subject to appropriate withholding, if any. The United States shall provide the

11 escrow agent with all contact information for each aggrieved party that did not provide a properly

12 completed W-9 or W-8 Series form, including without limitation the address of the party to which any

13 payment is sent. The parties, by mutual agreement, may extend the deadlines herein.

14

Upon receipt ofthe checks from the defendants, and signed releases in the form of Exhibit E of

15 the Consent Order, with mutually agreed upon changes by the Parties, from Seema Bhatia, Ronald

16 Tyrone Blackwell, Felamex Case, Kenneth Case; Brandy Davis, Justin Davis, Betty Gibbins, Lavanya

17 Godisela, Amit Kathpalia, Sherrie Knoedler, Hortense Merchant, Arvind Mundra, Roy Nelson, Olga

18 Paruikar, Vijay Paruikar, Falgnni Shukla, Priyatham Sundar, Vijaya Sundar, Chi Ling Tsou, Robert

19 West and Merone Mia Wolde-Meskel, the United States shall deliver the original signed releases to

20 counsel for defendants, and the checks to the aggrieved persons identified above.

21

22
Stipu1ation and Order Regarding Distribution ofSettlement Fund - 7 23
24
25
26

United States Department ofJustice Civil Rights Division
Housing and Civil Enforcement Section 950 Pennsylvania Ave., N.W.- G Street
Washington, D.C., 20530 202-307-6275

Case 2:10-cv-01150-JLR Document 22 Filed 03/08/12 Page 8 of 11

1 Respectfully submitted this 8th day ofMarch 2012.
2
3 COU11Bel for Plaintiff:
4 Is Julie 1. Ai:>le":'nc:-::-=-:-c:-::-:::-_ _ _ _ __
5 TIMOTHY J. MORAN, Deputy Chief JULIE ALLEN, VABA#41578
6 Julie.allen@usdoj.gov Trial Attorney
7 Civil Rights Division U.S. Department of Justice
8 950 Pennsylvania Ave., N.W. - G Street Washington, D.C. 20530
9 Phone: 202-307-6275 Fax: 202-514-1116
10
11 PATRICIAD. GUGIN, WABA#43458 Pat.gugin@usdoj.gov
Assistant United States Attorney
12 1201 Pacific Avenue, Suite 700 Tacoma, Washington 98402
13 Phone: 253-428-3832 Fax: 253-428-3826
14
15
16
17
18
19
20
21
22
Stipulation and Order Regording Distribution of Settlement Fund - 8
23
24
25
26

United States Department ofJustice Civil Rights Division
Housiog and Civil Enforcement Section 950 PennsylvaniaAve.,N.W.- G Street
Washington, D.C., 20530 202-307-6275

Case 2:10-cv-01150-JLR Document 22 Filed 03/08/12 Page 9 of 11

1 Counsel for Defendant Summerhill Place, LLC, GRAN, Inc. and Rita Lovejoy: 2 Uttler Mendelson, P.C.

3 (s Pamela Salgado
PAMELA SALGADO, WSBA #22741 4 psalgado@littler.com
Utller Mendelson, P.C. 5 One Union Square
600 University Street, Suite 3200 Seattle, Washington 98101 6 Phone: 206.381.4928 Fall: 206-447-6965 7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
Stipulation and Order Regarding Distnbution of Settlement Fund - 9
23
24
25
26

United State. Department ofJustice Civil Rights Division
Housing and Civil Enforcement Section 950 PennsyivaniaAve., N.W.- G Street
Washingt<>n, D.C., 20530 202-307-6275

Case 2:10-cv-01150-JLR Document 22 Filed 03/08/12 Page 10 of 11

1

ORDER

2

Based on the Stipulation and Order Regarding Distribution of Settlement Fund, it is ordered

3 that the $85,000 Settlement Fund shall be distributed as set forth above. 4

5

DATED: ffi/!Qsk 1.

6

7 8 Presented by:

UNITED STA ES DISTRICT COURT JUDGE

9 slJulie J. Allen
10 Timothy J. Moran, Deputy Chief Julie Allen, VABA#4IS78 Julie.allen®usdog.gov
11 Housing and Civil Enforcement Section Civil Rights Division
12 U.S. Department of Justice 950 Pennsylvania Ave. NW, - G Street
13 Washington D.C. 20530
Patricia D. Gugin, WABA #43458 14 Pat.gugin@usdog.gov
Assistant United States Attorney 15 1201 Pacific Avenue, Ste. 700
Tacoma, WA 98402
16 Attorneys for Plaintiff
17 Is Pamela Salgado Pamela Salgado, WSBA #22741
18 E-Mail: psalgado@littler.com Littler Mendelson, P.C.
19 One Union Square 600 University Street, Suite 3200
20 Seattle, Washington 98101
Attorney for Defendants 21

22
Stipulation and Order Regarding Distnbution of Settlement Fnnd - 10
23
24
2S

United States Department of Justice Civil Rights Division
Housmg and Civil Enforcement Section 950 Pennsylvania Ave., N.W.- G Street
Washington, D.C., 20530 202-307,,(;275

26

Case 2:10-cv-01150-JLR Document 22 Filed 03/08/12 Page 11 of 11

1

CERTIFICATE OF SERVICE

2

I hereby certify that on MarCh 8, 2012, I electronically filed the foregoing with the Clerk of the

3 Court using the CM/ECF system, which will send notification ofsuch filing to the following CMJECF

4 participants:

5

Pamela Salgado

Littler Mendelson

6

One Union Square

600 University Street

7

Suite 3200 Seattle, WA 98101

PSalgado@littler.com 8

9

10 Dated this 8th day ofMarch 2012. 11 12

sfJulie J. Allen Attorney for the United States

13

14

15

16

17

18

19

20

21

22 Stipulation and Order Regarding Distribution of Settlement Fund - 11
23
24
25
26

United State. Department ofJustice Civil Rights Division
Housing and Civil Enforcmnent Section 950 PellllSylvania Ave., N.W.- G Street
Washington, D.C., 20530 202-307-6275

 
 CLOSED,JURYDEMAND,PROTO
U.S. District Court United States District Court for the Western District of Washington (Seattle)
CIVIL DOCKET FOR CASE #: 2:10−cv−01150−JLR

United States of America v. Summerhill Place, LLC et al Assigned to: Judge James L. Robart Cause: 42:405 Fair Housing Act
Plaintiff

Date Filed: 07/16/2010 Date Terminated: 03/10/2011 Jury Demand: Plaintiff Nature of Suit: 443 Civil Rights: Accomodations Jurisdiction: Federal Question

United States of America also known as United States

represented by Julie Jackson Allen US DEPARTMENT OF JUSTICE (CIVIL RIGHTS) 950 PENNSYLVANIA AVE NW RM 4040−PHB WASHINGTON, DC 20530 202−307−6275 Email: julie.allen@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Patricia D Gugin US ATTORNEY'S OFFICE (TACOMA) 1201 PACIFIC AVE STE 700 TACOMA, WA 98402 253−428−3832 Fax: 253−428−3826 Email: pat.gugin@usdoj.gov ATTORNEY TO BE NOTICED

V. Defendant Summerhill Place, LLC
Defendant GRAN, Inc.

represented by Brian K Keeley SCHWABE WILLIAMSON &WYATT (SEA) 1420 5TH AVE STE 3400 SEATTLE, WA 98101−2339 206−622−1711 Email: bkeeley@schwabe.com ATTORNEY TO BE NOTICED
Pamela Salgado LITTLER MENDELSON (WA) ONE UNION SQUARE 600 UNIVERSITY STREET STE 3200 SEATTLE, WA 98101−3122 206−623−3300 Email: psalgado@littler.com ATTORNEY TO BE NOTICED
represented by Brian K Keeley (See above for address) ATTORNEY TO BE NOTICED

Defendant Rita Lovejoy

Pamela Salgado (See above for address) ATTORNEY TO BE NOTICED
represented by Brian K Keeley (See above for address) ATTORNEY TO BE NOTICED
Pamela Salgado (See above for address) ATTORNEY TO BE NOTICED

Date Filed 07/16/2010 07/19/2010 07/29/2010 07/29/2010 07/29/2010 08/05/2010
08/11/2010 08/11/2010 09/10/2010 09/14/2010 09/14/2010 10/05/2010 10/08/2010
10/25/2010 11/02/2010

# Docket Text
1 COMPLAINT against defendant(s) All Defendants, filed by United States. (Attachments: # 1 Civil Cover Sheet)(Allen, Julie) (Fee Waived) (Entered: 07/16/2010)
Judge James L. Robart added. (MKB) (Entered: 07/19/2010)
2 WAIVER OF SERVICE of summons upon defendant Summerhill Place, LLC mailed on 7/16/2010 (Allen, Julie) (Entered: 07/29/2010)
3 WAIVER OF SERVICE of summons upon defendant Rita Lovejoy mailed on 7/16/2010 (Allen, Julie) (Entered: 07/29/2010)
4 WAIVER OF SERVICE of summons upon defendant GRAN, Inc. mailed on 7/16/2010 (Allen, Julie) (Entered: 07/29/2010)
5 ORDER REGARDING INITIAL DISCLOSURES, JOINT STATUS REPORT AND EARLY SETTLEMENT Joint Status Report due by 10/4/2010, FRCP 26f Conference Deadline is 9/20/2010, Initial Disclosure Deadline is 10/4/2010, by Judge James L. Robart. (CC) (Entered: 08/05/2010)
6 NOTICE of Appearance by attorney Pamela Salgado on behalf of Defendants GRAN, Inc., Rita Lovejoy, Summerhill Place, LLC. (Salgado, Pamela) (Entered: 08/11/2010)
7 NOTICE of Appearance by attorney Brian K Keeley on behalf of Defendants GRAN, Inc., Rita Lovejoy, Summerhill Place, LLC. (Keeley, Brian) (Entered: 08/11/2010)
8 STIPULATION AND PROPOSED ORDER Extending Deadlines by parties. (Attachments: # 1 Proposed Order)(Salgado, Pamela) (Entered: 09/10/2010)
9 CORPORATE DISCLOSURE STATEMENT pursuant to FRCP 7.1. by Summerhill Place, LLC Filed by Defendant Summerhill Place, LLC.(Salgado, Pamela) (Entered: 09/14/2010)
10 CORPORATE DISCLOSURE STATEMENT pursuant to FRCP 7.1. by GRAN, Inc. Filed by Defendant GRAN, Inc..(Salgado, Pamela) (Entered: 09/14/2010)
11 ANSWER to Complaint by GRAN, Inc., Rita Lovejoy, Summerhill Place, LLC.(Salgado, Pamela) (Entered: 10/05/2010)
12 ORDER GRANTING STIPULATION FOR ORDER EXTENDING DEADLINES by Judge James L. Robart, re 8 Stipulation; Defts' Answers are due 10/5/2010, FRCP 26f Conference Deadline is 10/12/2010, Initial Disclosure Deadline is 10/25/2010, Combined Joint Status Report and Discovery Plan due by 10/25/2010. (TF) (Entered: 10/08/2010)
13 JOINT STATUS REPORT signed by all parties estimated Trial Days: 15.. (Allen, Julie) (Entered: 10/25/2010)
Set/Reset Hearings: Pursuant to a review of the Joint Status Report, a status conference is scheduled Wednesday, NOVEMBER 10, 2010 at 2:00 p.m. before

11/10/2010
11/18/2010 11/19/2010
11/29/2010 12/09/2010
03/07/2011 03/08/2011 03/08/2012 03/08/2012

Hon. James L. Robart. (CC) (Entered: 11/02/2010)
14 MINUTE ENTRY for proceedings held before Judge James L. Robart− Dep Clerk: Casey Condon; Pla Counsel: Julie Allen, Harold Malkin; Def Counsel: Pamela Salgado, Brian Keeley; CR: Denae Hovland; Status Conference held on 11/10/2010. The court hears from counsel re background of case. The court advises counsel regarding the preservation of electronic documents. Electronic documents regarding Summerhill Place and fair housing policies must be preserved regardless of the physical location of the computer containing the electronic document. The court suggests each side have their technology personnel work together with counsel regarding the production of electronic documents. Further guidance from the court concerning electronic discovery is provided in the transcript of the hearing. The court limits trial to no more than 8 days. A scheduling order shall follow. (CC) (Entered: 11/18/2010)
15 STIPULATION AND PROPOSED Protective Order by parties. (Keeley, Brian) Modified text on 11/19/2010 (MD). (Entered: 11/18/2010)
16 MINUTE ORDER SETTING TRIAL DATE AND RELATED DATES, AND DESIGNATING CASE FOR MEDIATION; Length of Trial: *8 days*. Mediation shall be completed no later than thirty (30) days prior to the trial date. Jury Trial is set for 5/15/2012 at 09:00 AM before Judge James L. Robart. Joinder of Parties due by 12/17/2010, Amended Pleadings due by 11/17/2011, Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 11/17/2011, Motions due by 12/19/2011, Discovery completed by 1/17/2012, Dispositive motions due by 2/15/2012, Settlement conference to be held by 3/16/2012, 39.1 mediation to be completed by 4/16/2012, Motions in Limine due by 4/17/2012, Pretrial Order due by 4/26/2012, Pretrial Conference set for 4/30/2012 at 02:00 PM before Judge James L. Robart. Trial briefs to be submitted by 5/7/2012, Proposed voir dire/jury instructions due by 5/7/2012, by Judge James L. Robart. (CC) (Entered: 11/19/2010)
17 STIPULATED PROTECTIVE ORDER by Judge James L. Robart. (MD) (Entered: 11/29/2010)
18 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Hearing held on 11/10/2010 before Judge James L. Robart.
Parties have ten (10) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.
Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Information regarding the policy can be found on the court's website at www.wawd.uscourts.gov.
To purchase a copy of the transcript contact court reporter Denae Hovland by telephone at 206−370−8505.
. Release of Transcript Restriction set for 3/9/2011, (LMK) (Entered: 12/10/2010)
19 Agreed MOTION Entry of Proposed Consent Order by Plaintiff United States of America. (Attachments: # 1 Proposed Order Entry of Proposed Consent Order, # 2 Appendix A to Consent Order, # 3 Appendix B through E) Noting Date 3/7/2011, (Gugin, Patricia) (Entered: 03/07/2011)
20 CONSENT ORDER granting 19 Motion for Proposed consent order by Judge James L. Robart.(MD) (Entered: 03/08/2011)
21 PROPOSED ORDER (Unsigned) Regarding the Distribution of Settlement Fund. (Allen, Julie) (Entered: 03/08/2012)
22 STIPULATION AND ORDER OF DISTRIBUTION of Settlement Funds by Judge James L. Robart. (MD, cc to Fin'l Dept) (Entered: 03/08/2012)