1

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF OHIO

WESTERN DIVISION

UNITED STATES OF AMERICA,

Plaintiff,

CASE NO.: 1:18CV194

v.

JOHN KLOSTERMAN and SUSAN 

KLOSTERMAN,

Defendants.

COMPLAINT OF THE UNITED 

STATES OF AMERICA 

For its Complaint, the United States of America alleges as follows:

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

Title VIII of the Civil Rights Act of 1968 (the Fair Housing Act), as amended, 42 

U.S.C. §§ 3601, et seq.

JURISDICTION AND VENUE

2. This court has jurisdiction over this action under 28 U.S.C. §§ 1331

and 42 U.S.C. § 3614(a). 

3. Venue is proper in this district under 28 U.S.C. § 1391(b) because the 

actions and omissions giving rise to the United States’ allegations occurred in the 

Southern District of Ohio, and Defendants reside or do business in the Southern 

District of Ohio.

FACTUAL ALLEGATIONS

4. Defendant John Klosterman is a resident of Cincinnati, Ohio.

5. Defendant John Klosterman operates a residential rental business in 

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or around Cincinnati, Ohio, including properties in the Sedamsville neighborhood of 

Cincinnati.

6. During part or all of the period of time relevant to this action, 

Defendant John Klosterman has owned or had an ownership interest in at least 

fifty-five residential properties in or around Cincinnati, Ohio (the “subject 

properties”). These properties include single family homes and apartments. These 

properties include, but are not limited to, the following properties in Cincinnati, 

Ohio: 628 Delhi Ave., 634 Delhi Ave., 636 Delhi Ave., 801 Delhi Ave., and 659 

Sedam St.

7. Defendant Susan Klosterman is Defendant John Klosterman’s wife.

8. Defendant Susan Klosterman also owns or has an ownership interest 

in the subject properties.

9. At all times relevant to this action, Defendant John Klosterman

controlled all aspects of the management of each subject property including, but not 

limited to, advertising vacancies, accepting or rejecting prospective tenants, setting 

rates for rent and security deposits, collecting rent, accepting requests for repairs, 

and evicting tenants.

10. The subject properties are dwellings within the meaning of 42 U.S.C. § 

3602(b).

11. Since at least 2013 through the present, Defendant John Klosterman

has subjected female tenants of the subject properties to discrimination on the basis 

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of sex, including severe, pervasive, and unwelcome sexual harassment, on multiple 

occasions. Such conduct has included, but is not limited to:

a. Making unwelcome sexual comments, making unwelcome sexual 

advances, and sending unwanted sexual text messages and photos

to female tenants;

b. Touching female tenants on their legs and other parts of their 

bodies without their consent;

c. Offering to grant tangible housing benefits—such as reducing the 

rent and overlooking or excusing late or unpaid rent—in exchange 

for sex; 

d. Taking adverse housing actions, such as eviction or refusing to 

make repairs, or threatening to take such actions, against female 

tenants who objected to and/or refused sexual advances;

e. Expressing a preference for renting to single female tenants, and 

taking adverse housing actions against female tenants upon 

learning that they were not single; and

f. Entering the homes of female tenants without their consent and 

otherwise monitoring their daily activities with cameras directed at 

their units and through other means.

12. Defendant John Klosterman’s discriminatory housing practices 

described above in paragraphs 4-11 occurred while he was exercising his authority 

as an agent for Defendant Susan Klosterman.

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13. Defendant Susan Klosterman is liable for the discriminatory housing 

practices of her agent, John Klosterman. Defendant Susan Klosterman knew or 

should have known of John Klosterman’s discriminatory housing practices, had the 

authority to take preventive and corrective action, and failed to take reasonable 

preventive or corrective measures to prevent or redress John Klosterman’s conduct.

CAUSE OF ACTION

14. By the actions and statements described above, Defendants John and 

Susan Klosterman have: 

a. Denied dwellings or otherwise made dwellings unavailable because 

of sex, in violation of 42 U.S.C. § 3604(a);

b. Discriminated in the terms, conditions, or privileges of the rental of 

dwellings, or in the provision of services or facilities in connection 

therewith, because of sex, in violation of 42 U.S.C. § 3604(b);

c. Made statements with respect to the rental of dwellings that 

indicate a preference, limitation, or discrimination based on sex, in 

violation 42 U.S.C. § 3604(c); and

d. Coerced, intimidated, threatened, or interfered with persons in the 

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

enjoyed, their rights granted or protected by Section 804 of the Fair 

Housing Act, in violation of 42 U.S.C. § 3617.

15. The conduct of Defendants John and Susan Klosterman constitute:

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a. A pattern or practice of resistance to the full enjoyment of the 

rights granted by the Fair Housing Act, 42 U.S.C. §§ 3601, et seq., 

and

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

Act, 42 U.S.C. §§ 3601, et seq., which denial raises an issue of 

general public importance.

16. Female tenants and persons associated with them have been injured 

by Defendants John and Susan Klosterman’s discriminatory conduct. Such persons 

are aggrieved persons as defined in 42 U.S.C. § 3602(i), and have suffered damages 

as a result of Defendants John and Susan Klosterman’s conduct.

17. Defendant John Klosterman’s conduct was intentional, willful, and/or 

taken in reckless disregard of the rights of others. 

PRAYER FOR RELIEF

WHEREFORE, the United States requests that the Court enter an Order that:

a. Declares that Defendants John and Susan Klosterman’s discriminatory 

practices violate the Fair Housing Act, as amended, 42 U.S.C. §§ 3601, et 

seq.;

b. Enjoins Defendants John and Susan Klosterman, their agents, employees, 

and successors, and all other persons in the active concert or participation 

with them from:

i. Discriminating on the basis of sex, including engaging in sexual 

harassment, in any aspect of the rental of a dwelling;

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ii. Interfering with or threatening to take any action against any 

person engaged in the exercise or enjoyment of rights granted or 

protected by the Fair Housing Act, as amended;

iii. Failing or refusing to take such affirmative steps as may be 

necessary to restore, as nearly as practicable, the victims of 

Defendant John Klosterman’s past unlawful practices to the 

position they would have been in but for the discriminatory 

conduct; and 

iv. Failing or refusing to take such affirmative steps as may be 

necessary to prevent the recurrence of any discriminatory conduct 

in the future and to eliminate, as nearly as practicable, the effects 

of Defendant John Klosterman’s unlawful practices;

c. Awards monetary damages to each person aggrieved by Defendants John 

and Susan Klosterman’s discriminatory conduct, pursuant to 42 U.S.C. §

3614(d)(1)(B); 

d. Assesses civil penalties against Defendants John and Susan Klosterman

in order to vindicate the public interest, pursuant to 42 U.S.C. § 

3614(d)(1)(c); and 

e. Awards such additional relief as the interests of justice may require.

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Dated: March 21, 2018

BENJAMIN C. GLASSMAN

United States Attorney

Southern District of Ohio

s/ Matthew J. Horwitz

Matthew J. Horwitz (0082381)

Assistant U.S. Attorney

United States Attorney’s Office

Southern District of Ohio

221 East Fourth Street, Suite 400

Cincinnati, Ohio 45205

Tel: (513) 684-3711

Matthew.Horwitz@usdoj.gov

Respectfully submitted,

JEFFERSON B. SESSIONS III

Attorney General

s/ John M. Gore

JOHN M. GORE

Acting Assistant Attorney General

Civil Rights Division

s/ Sameena Shina Majeed 

SAMEENA SHINA MAJEED

Chief

s/Katheryn Ladewski 

TIMOTHY MORAN

Deputy Chief

KATHRYN LADEWSKI

Trial Attorney

Housing and Civil Enforcement Section

Civil Rights Division

U.S. Department of Justice

950 Pennsylvania Avenue NW

Northwest Building, 7th Floor

Washington, DC 20530

Phone: (202) 353-1099

Fax: (202) 514-1116

E-mail: Kathryn.Ladewski@usdoj.gov

Attorneys for Plaintiff

United States of America

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JS 44 (Rev. 06/17) CIVIL COVER SHEET

The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as

provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the

purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)

I. (a) PLAINTIFFS DEFENDANTS

(b) County of Residence of First Listed Plaintiff County of Residence of First Listed Defendant

(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)

NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF 

THE TRACT OF LAND INVOLVED.

(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)

II. BASIS OF JURISDICTION(Place an “X” in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff

(For Diversity Cases Only) and One Box for Defendant) 

’ 1 U.S. Government ’ 3 Federal Question PTF DEF PTF DEF

Plaintiff (U.S. Government Not a Party) Citizen of This State ’ 1 ’ 1 Incorporated or Principal Place ’ 4 ’ 4

 of Business In This State

’ 2 U.S. Government ’ 4 Diversity Citizen of Another State ’ 2 ’ 2 Incorporated and Principal Place ’ 5 ’ 5

Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State

Citizen or Subject of a ’ 3 ’ 3 Foreign Nation ’ 6 ’ 6

 Foreign Country

IV. NATURE OF SUIT (Place an “X” in One Box Only) Click here for: Nature of Suit Code Descriptions.

CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES

’ 110 Insurance PERSONAL INJURY PERSONAL INJURY ’ 625 Drug Related Seizure ’ 422 Appeal 28 USC 158 ’ 375 False Claims Act

’ 120 Marine ’ 310 Airplane ’ 365 Personal Injury - of Property 21 USC 881 ’ 423 Withdrawal ’ 376 Qui Tam (31 USC 

’ 130 Miller Act ’ 315 Airplane Product Product Liability ’ 690 Other 28 USC 157 3729(a))

’ 140 Negotiable Instrument Liability ’ 367 Health Care/ ’ 400 State Reapportionment

’ 150 Recovery of Overpayment ’ 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS ’ 410 Antitrust

 & Enforcement of Judgment Slander Personal Injury ’ 820 Copyrights ’ 430 Banks and Banking

’ 151 Medicare Act ’ 330 Federal Employers’ Product Liability ’ 830 Patent ’ 450 Commerce

’ 152 Recovery of Defaulted Liability ’ 368 Asbestos Personal ’ 835 Patent - Abbreviated ’ 460 Deportation

 Student Loans ’ 340 Marine Injury Product New Drug Application ’ 470 Racketeer Influenced and

 (Excludes Veterans) ’ 345 Marine Product Liability ’ 840 Trademark Corrupt Organizations

’ 153 Recovery of Overpayment Liability PERSONAL PROPERTY LABOR SOCIAL SECURITY ’ 480 Consumer Credit

 of Veteran’s Benefits ’ 350 Motor Vehicle ’ 370 Other Fraud ’ 710 Fair Labor Standards ’ 861 HIA (1395ff) ’ 490 Cable/Sat TV

’ 160 Stockholders’ Suits ’ 355 Motor Vehicle ’ 371 Truth in Lending Act ’ 862 Black Lung (923) ’ 850 Securities/Commodities/

’ 190 Other Contract Product Liability ’ 380 Other Personal ’ 720 Labor/Management ’ 863 DIWC/DIWW (405(g)) Exchange

’ 195 Contract Product Liability ’ 360 Other Personal Property Damage Relations ’ 864 SSID Title XVI ’ 890 Other Statutory Actions

’ 196 Franchise Injury ’ 385 Property Damage ’ 740 Railway Labor Act ’ 865 RSI (405(g)) ’ 891 Agricultural Acts

’ 362 Personal Injury - Product Liability ’ 751 Family and Medical ’ 893 Environmental Matters

 Medical Malpractice Leave Act ’ 895 Freedom of Information

 REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS ’ 790 Other Labor Litigation FEDERAL TAX SUITS Act

’ 210 Land Condemnation ’ 440 Other Civil Rights Habeas Corpus: ’ 791 Employee Retirement ’ 870 Taxes (U.S. Plaintiff ’ 896 Arbitration

’ 220 Foreclosure ’ 441 Voting ’ 463 Alien Detainee Income Security Act or Defendant) ’ 899 Administrative Procedure

’ 230 Rent Lease & Ejectment ’ 442 Employment ’ 510 Motions to Vacate ’ 871 IRS—Third Party Act/Review or Appeal of

’ 240 Torts to Land ’ 443 Housing/ Sentence 26 USC 7609 Agency Decision

’ 245 Tort Product Liability Accommodations ’ 530 General ’ 950 Constitutionality of

’ 290 All Other Real Property ’ 445 Amer. w/Disabilities - ’ 535 Death Penalty IMMIGRATION State Statutes

 Employment Other: ’ 462 Naturalization Application

’ 446 Amer. w/Disabilities - ’ 540 Mandamus & Other ’ 465 Other Immigration

 Other ’ 550 Civil Rights Actions

’ 448 Education ’ 555 Prison Condition

’ 560 Civil Detainee -

 Conditions of 

 Confinement

V. ORIGIN (Place an “X” in One Box Only)

’ 1 Original

Proceeding

’ 2 Removed from

State Court

’ 3 Remanded from

Appellate Court

’ 4 Reinstated or

Reopened

’ 5 Transferred from

Another District

(specify)

’ 6 Multidistrict

Litigation -

Transfer

’ 8 Multidistrict

 Litigation - 

 Direct File

VI. CAUSE OF ACTION

Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):

Brief description of cause:

VII. REQUESTED IN

COMPLAINT:

’ CHECK IF THIS IS A CLASS ACTION

UNDER RULE 23, F.R.Cv.P.

DEMAND $ CHECK YES only if demanded in complaint:

JURY DEMAND: ’ Yes ’ No

VIII. RELATED CASE(S)

IF ANY (See instructions):

JUDGE DOCKET NUMBER

DATE SIGNATURE OF ATTORNEY OF RECORD

FOR OFFICE USE ONLY

RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE

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