Case 1:10-cv-00297 Document 1 Filed 07/19/10 Page 1 of 6

UNITED STATES DISTRICT COURT DISTRICT OF NEW HAMPSHIRE

UNITED STATES OF AMERICA,

)

)

Plaintiff,

)

)

v.

)

)

LOTHAR RIBA,

)

)

Defendant.

)

__________________________________ )

Civil No.

COMPLAINT The United States of America (“United States”) alleges as follows:
NATURE OF THE ACTION 1. This action is brought by the United States to enforce Title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988 (“Fair Housing Act”), 42 U.S.C. §§ 3601-3631. It is brought on behalf of Brenda Santana, pursuant to 42 U.S.C. §§ 3612(o).
JURISDICTION AND VENUE 2. This Court has jurisdiction over this action under 28 U.S.C. §§ 1331 and 1345 and 42 U.S.C. § 3612(o).
PARTIES AND THE SUBJECT PROPERTY 3. Defendant Lothar Riba is the owner and manager of a four-unit apartment building at 53 Main Street, Monroe, New Hampshire. Defendant has owned and managed the property since at least 2008. 4. Fifty-three Main Street, Monroe, New Hampshire (the “subject property”), is a “dwelling” within the meaning of 42 U.S.C. § 3602(b).

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5. Brenda Santana resided at the subject property with her husband and children from approximately October 15, 2008, to July 31, 2009. Ms. Santana is white; her husband, Robert Santana, is Hispanic; and her two minor children are biracial (African-American and white).
FACTUAL ALLEGATIONS 6. On or about October 11, 2008, Mr. and Ms. Santana signed a lease for apartment No. 21 at the subject property. 7. On or about October 11, 2008, Ms. Santana asked Defendant for permission to have her husband’s sister stay at the property for 3-4 weeks. Defendant refused, telling Ms. Santana that, “if one comes, they all start coming like a bunch of cockroaches.” 8. While the Santanas were living at the subject property, Mr. Santana approached Defendant and asked him, in English, about having satellite television installed at the apartment in order to watch Spanish-language programs. Defendant responded, “we speak English here in America, buddy.” Defendant did not permit Mr. and Ms. Santana to obtain satellite television service at the subject property. 9. In or about fall 2008, Defendant began watching Ms. Santana and her family for extended periods of time from behind windows of the subject property. Around the same time, Defendant began entering the Santanas’ apartment without permission or notice. 10. In or about spring 2009, Defendant began hiding behind bushes on or around the subject property and watching Ms. Santana and her family. 11. On or about May 27, 2009, Ms. Santana sent Defendant a letter informing him that the Santanas wished to move out by July 1, but that they would continue to pay rent until Defendant found a replacement tenant. The letter asked Defendant to provide 24 hours notice if he wished to enter the apartment in order to show it to a prospective tenant.
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12. On or about June 30, 2009, Ms. Santana sent Defendant a letter informing him that she would pay the July rent on approximately July 16, 2009. Defendant agreed to the extension.
13. On or about July 2, 2009, Defendant sent the Santanas a letter informing them that he had found new tenants for the unit starting August 1, 2009. The letter also stated that the walls needed to be repainted and the carpets needed to be professionally cleaned.
14. On or about July 4, 2009, the Santanas were moving some of their belongings out of the apartment when they witnessed Defendant standing behind a utility pole and taking photographs of them.
15. On or about July 21, 2009, Defendant entered the Santanas’ apartment without their permission and removed the handles from their windows, rendering the windows inoperable. Later that same day, he reentered the apartment, again without the Santanas’ permission, and opened their drawers, refrigerator, and closets.
16. On or about July 25, 2009, Ms. Santana went to Defendant’s apartment to recover the window handles. Defendant told Ms. Santana to “take you and your monkey family off my property.” He also began jumping around in imitation of a monkey, and he made monkey noises. During this interaction, Defendant injured Ms. Santana’s finger and arm. Ms. Santana went to the hospital, where it was determined that her finger was fractured.
17. On or about July 25, 2009, Ms. Santana called the police and obtained an emergency order of protection against Defendant. On or about July 27, 2009, the state of New Hampshire issued a warrant for Defendant’s arrest. Defendant later pleaded nolo contendere to a charge of assault and was fined $400.
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18. On or about July 27, 2009, the Santanas finished cleaning the apartment and removing their personal property. They were unable to remove certain items locked in the basement storage unit of the subject property because Defendant denied them access to the storage unit.
19. On December 29, 2009, Ms. Santana filed a timely complaint against Defendant with the United States Department of Housing and Urban Development, pursuant to the Fair Housing Act.
20. Pursuant to 42 U.S.C. §§ 3610(a) and (b), the Secretary of the United States Department of Housing and Urban Development conducted and completed an investigation of the complaint, attempted conciliation without success, and prepared a final investigative report. Based upon the information gathered in the investigation, the Secretary, pursuant to 42 U.S.C. § 3610(g)(1), determined that reasonable cause existed to believe that illegal discriminatory housing practices had occurred. Therefore, on June 11, 2010, the Secretary issued a Charge of Discrimination, pursuant to 42 U.S.C. § 3610(g)(2)(A), charging Defendant with engaging in discriminatory practices, in violation of 42 U.S.C. §§ 3604(c) and 3617 of the Fair Housing Act.
21. On June 17, 2010, Defendant elected to have the claims asserted in the United States Department of Housing and Urban Development’s Charge of Discrimination resolved in a civil action pursuant to 42 U.S.C. § 3612(a).
22. On June 17, 2010, the Administrative Law Judge issued a Notice of Election of Judicial Determination and terminated the administrative proceeding on Ms. Santana’s complaint.
23. Following this Notice of Election, the Secretary of the United States Department of Housing and Urban Development authorized the Attorney General to commence a civil action, pursuant to 42 U.S.C. § 3612(o).
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FAIR HOUSING ACT VIOLATIONS 24. Plaintiff re-alleges and herein incorporates by reference the allegations set forth in paragraphs 1-23, above. 25. Defendant, through the above-referenced actions, has:
a. Made statements with respect to the rental of a dwelling that indicated a preference, limitation or discrimination based on race, color, or national origin, in violation of 42 U.S.C. § 3604(c); and
b. Coerced, intimidated, threatened, or interfered with a person in the exercise or enjoyment of, or on account of her having exercised or enjoyed, or on account of her having aided or encouraged any other person in the exercise or enjoyment of, a right granted or protected by section 804 of the Fair Housing Act.
26. Ms. Santana is an “aggrieved person” within the meaning of 42 U.S.C. § 3602(i). 27. As a result of the Defendant’s discriminatory conduct, Ms. Santana has suffered and continues to suffer damages. 28. The discriminatory actions of the Defendant were intentional, willful, and taken in disregard of the federally protected rights of Ms. Santana.
WHEREFORE, the United States of America prays for relief as follows: 1. A declaration that the discriminatory conduct of Defendant as set forth above violates the Fair Housing Act, 42 U.S.C. §§ 3601, et seq.; 2. An injunction against Defendant, his agents, employees, successors, and all other persons in active concert or participation with him from discriminating because of race, color, or national origin, in violation of the Fair Housing Act, 42 U.S.C. §§ 3601, et seq.; and
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3. Awards of compensatory and punitive damages to Ms. Santana pursuant to 42 U.S.C. §§ 3612(o)(3) and 3613(c)(1).
The United States further prays for such additional relief as the interests of justice may require.

Dated: July 19, 2010.
JOHN P. KACAVAS United States Attorney
/s/ John Farley JOHN FARLEY, NH Bar No. 16934 Assistant United States Attorney 53 Pleasant Street Concord, NH 03301 Phone: (603) 225-1552 Fax: (603) 225-1470 E-mail: John.Farley@usdoj.gov

ERIC HOLDER Attorney General
__/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/ Dana Mulhauser REBECCA B. BOND Deputy Chief DANA MULHAUSER Attorney Housing and Civil Enforcement Section Civil Rights Division U.S. Department of Justice 950 Pennsylvania Avenue NW Northwestern Building, 7th Floor Washington, DC 20530 Phone: (202) 305-007 Fax: (202) 514-1116 E-mail: Dana.Mulhauser@usdoj.gov

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 Case 1:10-cv-00297-LM Document 16 Filed 04/07/11 Page 1 of 13

UNITED STATES DISTRICT COURT DISTRICT OF NEW HAMPSHIRE

UNITED STATES OF AMERICA, Plaintiff, and
BRENDA SANTANA and ROBERT SANTANA,
Plaintiff/Intervenors, v.
LOTHAR RIBA, Defendant.
___________________________________

) ) ) ) Civil No. 10-297-LM ) ) ) ) ) ) ) ) ) ) ) )

CONSENT ORDER I. INTRODUCTION 1. The United States filed this action to enforce the provisions of Title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988 (“Fair Housing Act”), 42 U.S.C. §§ 3601-3631. It was brought on behalf of Brenda Santana, pursuant to 42 U.S.C. § 3612(o). 2. On September 17, 2010, Ms. Santana and her husband, Robert Santana, intervened as plaintiffs in the action. 3. In its Complaint, the United States alleges that Defendant Lothar Riba violated federal law by discriminating on the basis of race, color, or national origin in connection with the ownership, rental, and management of a four-unit apartment building located at 53 Main Street, Monroe, New Hampshire (“the subject property”). Specifically, the United States alleges that Defendant: (1) made statements with respect to the rental of a dwelling that

Case 1:10-cv-00297-LM Document 16 Filed 04/07/11 Page 2 of 13
indicated a preference, limitation, or discrimination based on race, color, or national origin, in violation of 42 U.S.C. § 3604(c); (2) coerced, intimidated, threatened, or interfered with the exercise and enjoyment of a right granted or protected by section 804 of the Fair Housing Act; and (3) acted intentionally and willfully, in disregard of Ms. Santana’s federally protected rights. 4. The Plaintiff-Intervenors make the same allegations against the Defendant, seeking damages for both Mr. and Ms. Santana. 5. Brenda and Robert Santana are “aggrieved persons” within the meaning of 42 U.S.C. § 3602(i). 6. The parties agree that this Court has jurisdiction under 28 U.S.C. §§ 1331 and 1345, and 42 U.S.C. § 3612(o). 7. The parties have agreed to the entry of this Consent Order to resolve all claims of the United States and Plaintiff-Intervenors against the Defendant to avoid protracted and costly litigation. It is understood and agreed that this Consent Order is the compromise of disputed claims intended to buy peace among the parties. The Defendant denies all claims, and further denies the facts as alleged concerning the conduct as alleged by the Plaintiffs-Intervenors. Thus, this Consent Order is not to be construed as an admission of any liability or improper conduct by the Defendant.
II. GENERAL INJUNCTION 8. Defendant and his agents, employees, successors, and all persons working in active
concert or participation with him are enjoined from making statements with respect to the rental of a dwelling that indicate a preference, limitation or discrimination based on race,
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color, or national origin, as prohibited by the Fair Housing Act, 42 U.S.C. § 3604(c). 9. Defendant and his agents, employees, successors, and all persons in active concert or
participation with him are further enjoined from taking any action to coerce, intimidate, threaten or interfere with any tenants’ exercised or enjoyed rights, in violation of 42 U.S.C. § 3617.
III. MANDATORY EDUCATION AND TRAINING 10. Within ninety (90) days of the date of entry of this Order, Defendant shall undergo
training regarding the provisions of the Fair Housing Act. The training shall cover the provisions of the Fair Housing Act pertaining to discrimination on the basis of race, color and national origin. The training shall be conducted by an independent, qualified third party, approved in advance by the United States, and any expenses associated with the training shall be borne by Defendant. Defendant shall provide to the United States1, within thirty (30) days after the training, a certification of attendance confirming his 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.
IV. RECORDKEEPING AND MANAGEMENT 11. Defendant shall obtain prior consent by a tenant to enter the premises of that tenant, other
1 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 175-47-38, and to the United States Attorney’s Office, 53 Pleasant Street, Concord, NH 03301, or as otherwise directed by the United States. Facsimile transmissions shall be sent to (202) 514-1116 and (603) 225-1470.
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than to make emergency repairs. 12. Defendant shall submit compliance reports containing information about the Defendant’s
compliance efforts during the proceeding reporting period. The first report shall be received ninety (90) days from the date of entry of this Consent Order, the second report shall be received twelve (12) months after the date of entry of this Consent Order, the third report shall be received twenty-four (24) months after the date of entry of this Consent Order, and a fourth report, if the Consent Order is still in force, shall be received 34 months from the date of entry of this Consent Order. The compliance reports shall contain information including but not limited to: a. Copies of all certifications of attendance pursuant to Section III; and b. Copies of lists setting forth the occupancy of each covered dwelling unit by address
and apartment number, including the name and race, color or national origin of each tenant in that dwelling unit during the reporting period. Defendant shall preserve all records that are the source of, contain, or relate to any of the information pertinent to the obligations under this Order, including all rental applications, leases, and occupancy lists for the subject property. Upon reasonable notice to Defendant, representatives of the United States shall be permitted to inspect and copy all such records at any and all reasonable times. 13. Defendant shall notify counsel for the United States in writing within fifteen (15) days of receipt of any written or oral complaint against Defendant regarding race, color or national origin discrimination in housing. If the complaint is written, Defendant shall provide a copy of it with the notification. The notification shall include the full details of
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the complaint, including the complainant’s name, address, and telephone number. Defendant shall also promptly provide the United States all information it may request concerning any such complaint and shall inform the United States within fifteen (15) days of any resolution of such complaint.
V. COMPENSATION OF AGGRIEVED PERSONS 14. Defendant shall pay Brenda Santana and Robert Santana the sum of $15,000 dollars as
aggrieved persons within the meaning of the Fair Housing Act, provided that no amount shall be paid pursuant to this paragraph before Brenda and Robert Santana have executed a written release of all claims, legal or equitable, that they may have against Defendant relating to the claims asserted in this lawsuit. A copy of the release is attached as Exhibit A. Defendant shall send a check for this amount to counsel for Plaintiff-Intervenors2 within thirty (30) days after the date of entry of this Order. The time period to make this payment will not be extended.
VI. ACQUISITION OR TRANSFER OF DWELLING UNITS 15. If, at any time during the term of this Consent Order, Defendant acquires a direct or
indirect ownership, management, or other financial interest in any residential rental property, said unit shall become subject to all relevant provisions of this Order. Defendant shall notify counsel for the United States within thirty (30) days of acquiring said interest. The notice shall include identification of the nature of Defendant’s interest in the property; the address; the number of individual dwelling units; the number of bedrooms in each unit; the names of any existing tenants; and the race, color, or national
2 Defendants shall deliver, via overnight courier, the settlement check to Christine Lavallee and David Feltes, C/O New Hampshire Legal Assistance, 1361 Elm Street, Suite 307, Manchester, New Hampshire 03101.
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origin of each tenant. In the notice to counsel for the United States, Defendant shall also include a copy of the documents memorializing the transfer in interest and copy of the lease(s) for any existing tenant(s). 16. If at any time while this Order remains in effect, Defendant decides to transfer the entirety of Defendant’s direct or indirect ownership, management, or other financial interest in a covered dwelling unit to an unrelated party (“purchaser” or “transferee”) in an arms-length transaction3, the Defendant shall take the following steps: a. At least thirty (30) days prior to completion of the sale or transfer, provide to the
United States, by facsimile and by commercial (non-USPS) overnight delivery service a written notice of its intent to sell or otherwise transfer Defendant’s interest in the dwelling unit(s), containing each prospective transferee’s name, address and telephone number; b. Within thirty (30) days following completion of the sale or other transfer, Defendant shall provide to the United States a copy of the documents memorializing the transfer in interest of the dwelling unit(s); c. If the Defendant complies with parts a andb, above, and thereby transfers all of the Defendant’s ownership, management, or other financial interest in the dwelling unit(s) to the purchaser or other transferee, Defendant will thereafter be relieved of Defendant’s obligations under Sections II, IV, VII, and VIII of this Order, but only with respect to the dwelling unit(s) in which all interest was so transferred.
3 For purposes of this Consent Order, “arms-length transaction” is defined as a transaction such as a contract or agreement that has been arrived at in the marketplace between independent, nonaffiliated persons, unrelated by blood or marriage, with opposing economic interests regarding that contract.
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Defendant shall otherwise remain liable for compliance with all sections of the Order and with respect to all other covered dwelling units. 17. If the proposed transfer of interest is not in an arms-length transaction, the Defendant must comply with each requirement set out in Paragraph 16, Subsections (a), (b), and (c), above. In addition, the transferring Defendant 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–IV and VII–VIII of this Order for the duration of this Order, with respect to the transferred dwelling unit(s). The Defendant shall remain jointly and severally liable, along with the purchaser or other transferee, for any violations of this Order with respect to the relevant dwelling unit(s) for the duration of the Order. In addition, the Defendant shall otherwise remain liable for compliance with the Consent Order and with respect to all other covered dwelling units.
VII. SCOPE AND DURATION OF CONSENT ORDER 18. The parties consent to the entry of this Order as indicated by their signatures below.
They agree that facsimile or electronic signatures shall be treated as originals. This Consent Order is effective immediately upon its entry by the Court and shall remain in effect for two (2) years, unless the Defendant retains any direct or indirect ownership, management, or other financial interest in any residential rental property, in which case the Consent Order will remain in effect for three (3) years. 19. The Court shall retain jurisdiction over this action from the date of entry of this Consent Order to enforce the terms of the Order, after which time the case shall be dismissed with prejudice. The United States and the Defendant shall jointly notify the Court upon the
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expiration of the Order. 20. All Parties shall be responsible for their own attorney’s fees and court costs, except as
provided for in Paragraphs 14 and 23. VIII. REMEDIES FOR NON-COMPLIANCE, TIME FOR PERFORMANCE,
AND MODIFICATIONS 21. The United States or Plaintiff-Intervenors may move the Court to extend the duration of
the Order if they determine that Defendant has violated one or more terms of the Order, or if the interests of justice otherwise require. By consenting to entry of this Consent Order, the parties further agree that in the event Defendant engages in any future violation(s) of the Fair Housing Act, such violation(s) shall constitute a “subsequent violation” pursuant to 42 U.S.C. § 3614(d)(1)(C)(ii). 22. Any time limits for performance imposed by this Order, except the time of payment as provided in paragraph 14, may be extended by mutual written agreement of the United States and the Defendant. The other provisions of this Order may be modified by motion to the Court. 23. The Parties to this Consent Order shall endeavor in good faith to resolve informally any differences regarding interpretation of and compliance with this Order prior to bringing such matters to the Court for resolution. However, in the event of a failure by the Defendant to perform in a timely manner any act required by this Consent Order or otherwise to act in accordance with any provision thereof, the United States or PlaintiffIntervenors may move this Court to impose any remedy authorized by law or equity.
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Case 1:10-cv-00297-LM Document 16 Filed 04/07/11 Page 9 of 13 IT IS SO ORDERED This ___7_t_h___ day of ____A_p_r_i_l___________, 2011.
__/__s_/__L_a__n_d_y_a___B_.__M_c__C_a_f_f_e__r_t_y___________ LANDYA BOYER MCCAFFERTY, United States Magistrate Judge UNITED STATES DISTRICT COURT District of New Hampshire
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By their signatures below, the parties consent to the entry of this Order:

Dated: April 7, 2011
Respectfully submitted,
For the United States:
JOHN J. KACAVAS United States Attorney

THOMAS E. PEREZ Assistant Attorney General Civil Rights Division

/s/ John J. Farley JOHN J. FARLEY Assistant United States Attorney New Hampshire Bar # 16934 53 Pleasant Street Concord, NH 03301 Phone: (603) 225-1552 Fax: (603) 225-1470 E-mail: John.Farley@usdoj.gov

/s/ Dana Mulhauser STEVEN H. ROSENBAUM Chief R. TAMAR HAGLER Deputy Chief DANA MULHAUSER Trial Attorney Housing and Civil Enforcement Section Civil Rights Division United States Department of Justice 950 Pennsylvania Avenue, N.W. Northwestern Building, 7th Floor Washington, DC 20530 Phone: (202) 514-4713 Fax: (202) 514-1116 E-mail: Dana.Mulhauser@usdoj.gov

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Case 1:10-cv-00297-LM Document 16 Filed 04/07/11 Page 11 of 13 For Plaintiff-Intervenors Brenda Santana and Robert Santana:
/s/ Christine Lavallee Christine Lavallee, Bar #13057 Daniel Feltes, Bar #17689 New Hampshire Legal Assistance 1361 Elm Street, Suite 307 Manchester, NH 03101 (603) 668-2900, ex. 2221 clavallee@nhla.org /s/ Brenda Santana Brenda Santana /s/ Robert Santana Robert Santana
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For Defendant Lothar Riba:

/s/ Jason R.L. Major Jason R.L. Major, Bar #14782 Douglas, Leonard & Garvey, P.C. 6 Loudon Road, Suite 502 Concord, NH 03301 (603) 224-1988
/s/ Gary M. Burt Gary M. Burt, Bar #5510 Wiggin & Nourie, P.A. 670 North Commercial Street, Suite 305 P.O. Box 808 Manchester, NH 03105-0808 (603) 629-4744
/s/ Lothar Riba Lothar Riba

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EXHIBIT A FULL AND FINAL RELEASE OF CLAIMS In consideration for the Consent Order entered in United States, and Brenda and Robert Santana v. Lothar Riba, Civ. No. 10-297-LM, and of the payment of the sum of fifteen thousand dollars ($15,000), pursuant thereto, we, Brenda and Robert Santana, hereby release the Defendant named in this action from any and all liability for any claims, legal or equitable, we may have against him arising out of the issues alleged in the action from the date of the entry of the Consent Order. We fully acknowledge and agree that this release of the Defendant shall be binding on our heirs, representatives, executors, successors, administrators, and assigns. We hereby acknowledge that we have read and understand this release and have executed it voluntarily and with full knowledge of its legal consequences.
Executed this 28th day of March, 2011. /s/ Brenda Santana Signature Brenda Santana Print Name /s/ Robert Santana Signature Robert Santana Print Name
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 Case 1:10-cv-00297-LM Document 9 Filed 09/17/10 Page 1 of 7

UNITED STATES DISTRICT COURT DISTRICT OF NEW HAMPSHIRE

UNITED STATES OF AMERICA,

)

)

Plaintiff,

)

)

and

)

)

Civil No. 1:10-cv-00297-LM

BRENDA and ROBERT SANTANA,

)

)

Plaintiff/

)

Intervenors

)

)

v.

)

)

LOTHAR RIBA,

)

)

Defendant

)

COMPLAINT IN INTERVENTION AND DEMAND FOR A JURY TRIAL

Plaintiff/Intervenors Brenda and Robert Santana ("Plaintiff/Intervenors") allege as

follows:

Nature DUlle Action

1. This complaint in intervention is brought by Plaintiff/Intervenors Brenda and Robert Santana to redress Fair Housing Act violations under Title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988 ("Fair Housing Act"), 42 U.S.C. §§ 3601-3631. This action is brought as a matter of right under the Fair Housing Act. The United States Department of Justice filed a lawsuit in this Court on July 19,2010 alleging similar violations of law on behalf of Brenda Santana.

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Jurisdiction and Venue 2. Jurisdiction in this action is predicated on 28 U.S.C. §§ 1331, 1343(a)(4). Declaratory relief is authorized by 28 U.S.C. §§2201 and 2202. 3. Venue is proper in this District, pursuant to 28 U.S.C. §1391(b), since Mr. Riba resides in this District, and a substantial part of the events giving rise to the claim arose in this District.
Parties and the Subject Property 4. Plaintiff Brenda Santana ("Mrs. Santana") is an individual residing within the District of New Hampshire. Mrs. Santana resided at 53 Main Street, Monroe, New Hampshire ("the subject property") with her husband and children from approximately October 15, 2008, to July 31, 2009. Mrs. Santana is white; her husband, Robert Santana, is Latino; and her two minor children are biracial (African-American and white). 5. PlaintiffRobeli Santana ("Mr. Santana") is an individual residing within the District of New Hampshire. Mr. Santana resided at 53 Main Street, Monroe, New Hampshire ("the subject property") with his wife and children from approximately October 15,2008, to July 31,2009. Mr. Santana is Latino; his wife, Brenda Santana, is white; and her two minor children are biracial (African-American and white). 6. Mr. Lothar Riba ("Mr. Riba") is an individual residing within the District of New Hampshire. Mr. Riba is the owner and manager of a four-unit apartment building at the subject property. Mr. Riba has owned and managed the subject property since at least 2008. 7. The "subject property" is a "dwelling" within the meaning of 42 U.S.C. § 3602(b).
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Factual Allegations S. On or about October 11, 200S, Mr. and Mrs. Santana signed a lease for apartment No. 21 at the subject property. 9. On or about October 11, 200S, Mrs. Santana asked Mr. Riba for permission to have her husband's sister stay at the property for 3-4 weeks. Mr. Riba refused, telling Mrs. Santana that, "if one comes, they all start coming like a bunch of cockroaches." 10. During the first few months that the Santanas were living at the subject property, Mr. Santana approached Mr. Riba and asked him, in English, about having satellite television installed at the apartment in order to watch Spanish-language program Mr. Riba responded, "we speak English here in America, buddy." Mr. Riba did not permit Mr. and Mrs. Santana to obtain satellite television service at the subject property. 11. In or about fall 200S, Mr. Riba began watching the Santanas for extended periods of time through the windows of the subject property. 12. In or about fa1l200S, Mr. Riba began entering the Santanas' apartment without permission or notice. 13. In or about spring 2009, Mr. Riba began watching the Santanas from behind bushes on or around the subject property. 14. On or about May 27,2009, Mrs. Santana sent Mr. Riba a letter informing him that the
Santanas wished to move out by July 1st, but that they would continue to pay rent until Mr. Riba
found a replacement tenant. The letter asked Mr. Riba to provide 24 hours notice ifhe wished to enter the apartment in order to show it to a prospective tenant. 15. On or about June 30, 2009, Mrs. Santana sent Mr. Riba a letter informing him that she would pay the July rent on approximately July 16, 2009. Mr. Riba agreed to the extension.
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16. On or about July 2,2009, Mr. Riba sent the Santanas a letter informing them that he had found new tenants for the unit starting August 1,2009, and he wished to have the walls repainted and the carpets professionally cleaned. 17. On or about July 4,2009, the Santanas were moving some of their belongings out of the apartment when they witnessed Mr. Riba standing behind a utility pole taking photographs of them. 18. On or about July 21,2009, Mr. Riba entered the Santanas' apartment without their permission and removed the handles from their windows, rendering the windows inoperable. Later that same day, he reentered the apartment, again without the Santanas' permission, and opened their drawers, refrigerator, and closets. 19. On or about July 25,2009, Mrs. Santana went to Mr. Riba's apartment to recover the window handles. Mr. Riba told Mrs. Santana to "take you and your monkey family off my property." He also began jumping around in imitation of a monkey, and he made monkey nOlses. 20. During this interaction Mr. Riba grabbed Mrs. Santana's finger. Mrs. Santana sustained a sprained finger when Mr. Riba grabbed it. The sprain required medical treatment and physical therapy, and resulted in lost time at work. 21. On or about July 25,2009, Mrs. Santana called the police and obtained an emergency order of protection against Mr. Riba. On or about July 27,2009, the state of New Hampshire issued a warrant for Mr. Riba's arrest. Mr. Riba later pled nolo contendere to the charge and paid a fine of $400. 22. On or about July 27,2009, the Santanas finished cleaning the apartment and removing their personal property. They were unable to remove some items that were stored in their
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basement storage unit because Mr. Riba had locked this unit and denied them access to it thereafter. The Santanas were not able to regain possession of these items until after filing an action pursuant to N.H. RSA 540-A in the Littleton (NH)District Court. That Court awarded possession of the items and monetary damages to Mr. and Mrs. Santana. 23. On December 29,2009, Mrs. Santana filed a timely complaint against Mr. Riba with the United States Department of Housing and Urban Development, pursuant to the Fair Housing Act. 24. Pursuant to 42 U.S.C. §§ 3610(a) and (b), the Secretary of the United States Department of Housing and Urban Development conducted and completed an investigation of the complaint, attempted conciliation without success, and prepared a final investigative report. Based upon the information gathered in the investigation, the Secretary, pursuant to 42 U.S.C. § 3610(g)(1), determined that reasonable cause existed to believe that illegal discriminatory housing practices had occurred. Therefore, on June 11, 2010, the Secretary issued a Charge of Discrimination, pursuant to 42 U.S.C. § 3610(g)(2)(A), charging Mr. Riba with engaging in discriminatory practices, in violation of 42 U.S.C. §§ 3604(c) and 3617 of the Fair Housing Act. 25. One June 17, 2010, Mr. Riba elected to have the claims asserted in the United States Department of Housing and Urban Development's Charge of Discrimination resolved in a civil action pursuant to 42. U.S.C. § 3612(a). 26. On June 17,2010, the Administrative Law Judge issued a Notice of Election of Judicial Determination and terminated the administrative proceeding on Mrs. Santana's complaint. 27. Following this Notice of Election, the Secretary of the United States Department of Housing and Urban Development authorized the Attorney General to commence a civil action, pursuant to 42 U.S.C. § 3612(0).
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Case 1:10-cv-00297-LM Document 9 Filed 09/17/10 Page 6 of 7
Demand (or a Jury Trial The Plaintiff/Intervenors request a jury trial in this matter on all issues so triable.
COUNT I Fair Housing Act Violations 28. Plaintiff/Intervenors re-allege and herein incorporate by reference the allegations set forth in the previous paragraphs. 29. Mr. Riba, through the above-referenced actions, has: a. Made statements with respect to the rental of a dwelling that indicated a preference, limitation or discrimination based on race, color or national origin, in violation of 42 U.S.C. § 3604(c); and, b. Coerced, intimidated, threatened, or interfered with a person in the exercise or enjoyment of, or on account of her having exercised or enjoyed, or on account of her having aided or encouraged any other person in the exercise or enjoyment of, a right granted or protected by the Fair Housing Act in violation of 42 U.S.C. §3617. 30. The discriminatory actions of the Mr. Riba were intentional, willful and in complete disregard of the Santanas' federally protected rights under the Fair Housing Act. 30. The Santanas are "aggrieved persons" within the meaning of 42 U.S.C. § 3602(i). 31. As a result of the Mr. Riba's discriminatory conduct, the Santanas have suffered pain, humiliation, medical expenses, lost income, loss of dignity and emotional distress. The Santanas seek compensatory and punitive damages. WHEREFORE, Plaintiff/Intervenors Brenda and Robert Santana pray for the following relief: A. A jUdgment pursuant to 28 U.S.C §§2201 and 2202, declaring that the discriminatory conduct of Mr. Riba as set forth above violates the Fair Housing Act, 42 U.S.C. §§ 3601, et seq.;
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Case 1:10-cv-00297-LM Document 9 Filed 09/17/10 Page 7 of 7

B. Compensatory damages pursuant to 42 U.S.C. §§ 3613(c) and 3614(e);
C. Punitive damages pursuant to 42 U.S.C. §§ 3613(c)(1) and 3614(e);
D. Attorneys' fees and costs for this action pursuant to 42 U.S.C. § 3612(p); and
E. Such other relief as the Court may deem just and proper.
Respectfully submitted,
BRENDA~dROBERTSANTANA
By their attorneys,

Dated: September 17,2010 Dated: September 17,2010

/s/ Christine Lavallee Christine Lavallee, Bar #13057 New Hampshire Legal Assistance 1361 Elm Street, Suite 307 Manchester, NH 03101 (603) 668-2900, ex. 2221 clavallee@nhla.org
/s/ Daniel Feltes Daniel Feltes, Bar # 17689 New Hampshire Legal Assistance 117 North State Street Concord, NH 03301 (603) 223-9750, ex. 2806 dfeltes@nhla.org

CERTIFICATE OF SERVICE

I hereby certify that a copy of the foregoing Motion to Intervene has been forwarded to all counsel of record pursuant to the Court's rules and procedures concerning electronic filing. Electronically served through ECF to Thomas E. Perez, Assistant Attorney General Civil Rights Division; Steven H. Rosenbaum, Chief, Housing and Civil Enforcement Section, Civil Rights Division; Dana Mulhauser, Attorney, Housing and Civil Enforcement Section, Civil Rights
Division, U.S. Department of Justice, 950 Pennsylvania Avenue NW, Northwester Building, i h
50i?/Vcorry 0,3; h-. Floor, Washington DC, 20530; John Farley, Assistant United States Attorney, 53 Pleasant Street,
Concord, NH 03301; and in hand to Jason R.L. Major, Attorney for the Defendant, Douglas,
Leonard & Garvey PC, 6 Loudon Road, Suite

September 17, 2010

~
Christine Lavallee, Esq.

7

 
 Case: 1:10-cv-297 As of: 11/12/2011 04:16 PM EST 1 of 4
U.S. District Court District of New Hampshire (Concord) CIVIL DOCKET FOR CASE #: 1:10−cv−00297−LM

CLOSED

USA v. Riba Assigned to: Magistrate Judge Landya B. McCafferty Cause: 42:405 Fair Housing Act
Plaintiff

Date Filed: 07/19/2010 Date Terminated: 04/08/2011 Jury Demand: Defendant Nature of Suit: 443 Civil Rights: Accommodations Jurisdiction: U.S. Government Plaintiff

USA

represented by Dana Mulhauser US Department of Justice (Penn) Housing and Civil Enforcement Section Civil Rights Division 950 Pennsylvania Ave. NW Northerwestern Building, 7th Floor Washtington, DC 20530 202 305−0007 Email: Dana.Mulhauser@usdoj.gov ATTORNEY TO BE NOTICED

Steven H. Rosenbaum US Department of Justice (Penn) Housing and Civil Enforcement Section Civil Rights Division 950 Pennsylvania Ave. NW Northerwestern Building, 7th Floor Washtington, DC 20530 202 305−0007

Thomas E. Perez US Department of Justice (Penn) Housing and Civil Enforcement Section Civil Rights Division 950 Pennsylvania Ave. NW Northerwestern Building, 7th Floor Washtington, DC 20530 202 305−0007

John J. Farley US Attorney's Office (NH) James C. Cleveland Federal Building 53 Pleasant St, 4th Flr Concord, NH 03301−0001 603 225−1552 Fax: 602 225−1470 Email: john.farley@usdoj.gov ATTORNEY TO BE NOTICED

V. Intervenor Plaintiff Brenda, Robert Santana

represented by Christine D. Lavallee NH Legal Assistance (Manchester) 1361 Elm St, Ste 307 Manchester, NH 03101 603 668−2900 Email: clavallee@nhla.org LEAD ATTORNEY

Case: 1:10-cv-297 As of: 11/12/2011 04:16 PM EST 2 of 4 ATTORNEY TO BE NOTICED

V. Defendant Lothar Riba

represented by Gary M. Burt Wiggin &Nourie PA 670 N Commercial St, Ste 305 PO Box 808 Manchester, NH 03105−0808 603 669−2211 Email: gburt@wiggin−nourie.com ATTORNEY TO BE NOTICED
Jason R.L. Major Douglas Leonard &Garvey 6 Loudon Rd, Ste 502 Concord, NH 03301−5321 603 224−1988 Email: jason@nhlawoffice.com ATTORNEY TO BE NOTICED

Date Filed 07/19/2010 07/21/2010 07/21/2010 07/21/2010
07/21/2010
08/03/2010 08/25/2010 08/25/2010 08/25/2010

# Docket Text
1 NEW CASE/ COMPLAINT. (No fee paid, USA or IFP.) filed by USA. (Attachments: # 1 Civil Cover Sheet, # 2 Summons − Waiver)(Farley, John) (Entered: 07/19/2010)
Case assigned to Magistrate Judge Landya B. McCafferty. The case designation is: 1:10−cv−297−LM. Please show this number with the judge designation on all future pleadings. (ko) (Entered: 07/21/2010)
2 NOTICE of Assignment to U.S. Magistrate Judge sent to plaintiff(s) for service on all parties. (ko) (Entered: 07/21/2010)
3 NOTICE. This case has been designated for Electronic Case Filing. All further submissions shall be filed in compliance with the Administrative Procedures for Electronic Case Filing. Pro se litigants are not required to file electronically and may continue to file documents in paper format. Steven H. Rosenbaum, Esq. &Thomas E. Perez, Esq. must complete an online registration form within 30 days. Persons filing electronically are strongly encouraged to complete the interactive training modules available on the courts website. To access these modules, click HERE. Notice of Compliance Deadline set for 8/23/2010. (ko) (Entered: 07/21/2010)
4 Waiver Issued Electronically as to Lothar Riba. NOTICE: Counsel shall print and serve the waiver and all attachments in accordance with Fed.R.Civ.P.4. NOTICE of Assignment to Magistrate Judge attached. (Attachments: # 1 Notice ECF)(ko) (Additional attachment(s) added on 7/21/2010: # 2 Mag Assign from Deck−Complaint (USDCNH−54)) (jeb). (Entered: 07/21/2010)
5 WAIVER OF SERVICE Returned Executed as to Lothar Riba by USA. Served/Mailed on 7/21/2010. Answer Follow Up on 9/27/2010. (Farley, John) (Entered: 08/03/2010)
6 NOTICE of Attorney Appearance by Jason R.L. Major on behalf of Lothar Riba (Major, Jason) (Entered: 08/25/2010)
7 ANSWER to 1 Complaint − New Case with jury demand filed by Lothar Riba. (Major, Jason) (Entered: 08/25/2010)
NOTICE OF PRETRIAL CONFERENCE. Pretrial Conference set for 9/27/2010 10:00 AM before Magistrate Judge Landya B. McCafferty. Follow up on Discovery Plan 9/20/2010. The preliminary pretrial conference will not be canceled and at least one counsel for each party will be required to attend.

Case: 1:10-cv-297 As of: 11/12/2011 04:16 PM EST 3 of 4

09/17/2010 09/17/2010 09/17/2010
09/17/2010 09/17/2010 09/20/2010 09/20/2010 09/20/2010 09/23/2010
09/24/2010
02/14/2011 02/23/2011 04/07/2011 04/07/2011 04/07/2011 04/08/2011

The Discovery Plan is to be filed in accordance with Fed. R. Civ. P. 26(f). Please note pursuant to Title 28 USC 636(c) and Local Rule 73.1, the parties may consent to have the case reassigned to the Magistrate Judge, but are free to withhold consent without adverse consequences.(kad) (Entered: 08/25/2010)
8 Assented to MOTION to Intervene as Plaintiff Brenda and Robert Santana filed by Brenda, Robert Santana. (Lavallee, Christine) (Entered: 09/17/2010)
9 Intervenor COMPLAINT Brenda and Robert Santana with Jury Demand filed by Brenda, Robert Santana.(Lavallee, Christine) (Entered: 09/17/2010)
NOTICE of ECF Filing Error re: 9 Intervenor Complaint filed by Brenda, Robert Santana, 8 Assented to MOTION to Intervene as Plaintiff Brenda and Robert Santana filed by Brenda, Robert Santana. Documents must be provided in an electronically converted PDF text searchable format in accordance with A.P. 2.3(a). NO ACTION REQUIRED − FOR INFORMATIONAL PURPOSES ONLY AND MERELY INTENDED TO EDUCATE ALL PARTIES IN THE CASE. If the filing party has any questions concerning this notice, please contact the judge's case manager at 603−225−1423. (kad) (Entered: 09/17/2010)
10 Assented to MOTION to Proceed In Forma Pauperis with Financial Affidavit Brenda and Robert Santana filed by Brenda, Robert Santana. (Lavallee, Christine) (Entered: 09/17/2010)
11 Return of Service Executed as to Lothar Riba Brenda and Robert Santana by Brenda, Robert Santana. Served/Mailed on 9/17/2010. Answer Follow Up on 10/12/2010. (Lavallee, Christine) (Entered: 09/17/2010)
ENDORSED ORDER granting 8 Motion to Intervene as Plaintiff Brenda and Robert Santana. Text of Order: Granted. So Ordered by Magistrate Judge Landya B. McCafferty. (gla) (Entered: 09/20/2010)
ENDORSED ORDER denying 10 Motion to Proceed in forma pauperis. Text of Order: Denied as no filing fee is required. So Ordered by Magistrate Judge Landya B. McCafferty. (gla) (Entered: 09/20/2010)
12 Proposed Discovery Plan filed by USA. (Farley, John) (Entered: 09/20/2010)
ENDORSED ORDER approving 12 Discovery Plan. Length of Trial 3 days. Case Track: Standard. PRETRIAL CONFERENCE CANCELLED. Text of Order: Approved and adopted as a pretrial scheduling order. Trial: Two week period beginning October 18, 2011. So Ordered by Magistrate Judge Landya B. McCafferty. Ready for Trial on 10/18/2011. Summary Judgment Motions due by 6/20/2011. Dispositive Motion Filing Deadline 11/19/2010. (kad) (Entered: 09/23/2010)
TRIAL NOTICE: Jury Trial set for two−week period beginning 10/18/2011 09:30 AM before Magistrate Judge Landya B. McCafferty. Final Pretrial Conference set for 10/7/2011 09:30 AM before Magistrate Judge Landya B. McCafferty. Pretrial Statements due 9/19/2011. LR 16.2(d) Objections due 10/3/2010. (kad) (Entered: 09/24/2010)
13 NOTICE of Mediation by USA. (Farley, John) (Entered: 02/14/2011)
14 NOTICE of Attorney Appearance by Gary M. Burt on behalf of Lothar Riba (Burt, Gary) (Entered: 02/23/2011)
15 Assented to MOTION to Enter Consent Decree filed by USA. (Attachments: # 1 Consent Order)(Farley, John) (Entered: 04/07/2011)
ENDORSED ORDER granting 15 Motion to Enter Consent Decree. Text of Order: Granted. So Ordered by Magistrate Judge Landya B. McCafferty. (gla) (Entered: 04/07/2011)
16 ///CONSENT DECREE. So Ordered by Magistrate Judge Landya B. McCafferty. (kad) Modified on 4/8/2011 to add: "///"(kad). (Entered: 04/08/2011)
17 JUDGMENT is hereby entered in accordance with 16 Consent Decree, Endorsed Order on Motion to Enter Consent Decree. Signed by Clerk James

Case: 1:10-cv-297 As of: 11/12/2011 04:16 PM EST R. Starr. (Case Closed) (kad) (Entered: 04/08/2011)

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