Opinion
Civ. No. 73-1527-AAH.
July 3, 1973.
Willard M. Reisz, Los Angeles, Cal., for defendants.
Larry L. Dier, Asst. U.S. Atty., Frank E. Schwelb, Chief, Housing Section, Civ. Rights Div., David T. Kelley, Elyse Goldweber, Attys., Dept. of Justice, Washington, D.C., for plaintiff.
CONSENT DECREE
The United States instituted this action as of this date against defendants Westside Building Company and Santa Monica Construction, which are California corporations engaged in the construction and management of apartment buildings in Los Angeles, California, and against defendant Abraham Rothenberg, who is the president of defendants Westside Building Company and Santa Monica Construction, alleging racial discrimination in housing in violation of 42 U.S.C. § 3601 et seq. The Complaint alleges that the defendants own and operate several apartment buildings in the Los Angeles area containing approximately 329 units. The Complaint further alleges that the defendants have refused to rent dwellings and to negotiate for the rental of dwellings because of race and color, have required different terms and conditions with respect to the rental of dwellings because of race, color and national origin, and have made statements with respect to the rental of dwellings which indicate a preference, limitation and discrimination based on race, color and national origin, and have represented to persons because of race and color that apartments are not available for inspection and rental when such dwellings have in fact been available. The Complaint alleges that the defendants' conduct constitutes a pattern or practice or resistance to the full enjoyment of rights secured by Title VIII of the Civil Rights Act of 1968, 42 U.S.C. § 3601 et seq., and that the denial of equal housing opportunity to a group of persons raises an issue of general public importance.
The defendants deny that they have engaged in any and all of the practices alleged in the Complaint said to constitute a pattern or practice of racial discrimination, and state that they have followed a nondiscriminatory policy. The defendants are, however, prepared to undertake an affirmative program of compliance with the Fair Housing Act. Accordingly, without a trial or an adjudication of this matter on the merits and without an admission on the part of any of the defendants as to the accuracy or truthfulness of any of the allegations of discrimination contained in the Complaint, the plaintiff and the defendants consent to the entry of the following decree:
I
It is hereby ordered, adjudged and decreed that defendants Westside Building Company, Santa Monica Construction, and Abraham Rothenberg, their employees, agents and successors, and all persons acting in concert or participation with any of them, be and they are hereby permanently enjoined from:
1. Discriminating against any person or group of persons on account of race, color, religion or national origin in any aspect of the sale or rental of dwellings;
The term "any aspect of the sale or rental" includes construction.
2. Denying a dwelling or otherwise making a dwelling unavailable to any person on account of race, color, religion or national origin;
3. Representing to any person on account of race, color, religion or national origin that any dwelling is unavailable for inspection or rental when, in fact, such dwelling is so available;
4. Discriminating against any person in the terms and conditions of the sale or rental of a dwelling, or in the provision of services in connection therewith, on account of race, color, religion or national origin;
5. Failing or refusing to extend the same courtesies and treatment to any person on account of race, color, religion or national origin in the showing and rental of dwellings as are extended to other persons;
6. Making or causing to be made any statement with respect to the sale or rental of a dwelling indicating a limitation, preference or discrimination on account of race, color, religion, or national origin;
7. Interfering with any person on account of race, color, religion or national origin in the exercise or enjoyment of the right to equal housing opportunity;
8. Employing different or more stringent procedures and standards in accepting and processing the application of any person on account of race, color, religion, or national origin than are used in accepting and processing the applications of other persons;
9. Failing to recruit, hire, promote or assign any actual or prospective employee or other person on account of race, color, religion or national origin, or engaging in any discriminatory employment practice within the meaning of 42 U.S.C. § 2000e et seq.
II INSTRUCTIONS TO EMPLOYEES
A. The defendants shall, within 20 days of the entry of this Order, conduct an educational program for their rental personnel and other agents and employees to inform them of the provisions of this Order and their duties under the Fair Housing Act. Such program shall include the following:
1. A copy of this Order shall be furnished to each agent and employee.
2. By general meeting or individual conference, the defendants shall inform each agent and employee of the provisions of this Order and of the duties of the defendants and their agents and employees under the Fair Housing Act. Each agent and employee shall also be informed that his failure to comply with the provisions of this Order shall subject him to dismissal or other appropriate disciplinary action.
3. Each agent and employee shall sign a statement that he has read this Order and that he fully understands his responsibilities thereunder.
4. The foregoing program shall be completed within 20 days of the entry of this Order, and thereafter, upon the hiring of any new employee, within five days of the commencement of his duties.
III AFFIRMATIVE STEPS
A. The defendants shall inform the public generally, and their customers and clients specifically, of the defendants' nondiscriminatory policy by the following actions:
1. Each of defendants' application forms and lease agreements shall contain a prominent statement to the effect that apartments will be shown and made available for rental to all persons without regard to race, color, religion or national origin in compliance with the 1968 Fair Housing Act, 42 U.S.C. § 3604. In addition, at the time of application, prospective tenants of the defendants are to be informed of this provision and are to be informed orally or in writing of the defendants' uniform rental application standards and procedures, including financial requirements, credit checks, waiting periods, etc.
2. All advertising in newspapers, on pamphlets, billboards, brochures, handouts, writings of any kind or through any other media, shall include a statement prominently placed and easily understood, indicating that the advertised dwellings are rented and made available without regard to race, color, religion or national origin.
3. The defendants shall replace or modify within one month from the entry of this Consent Decree all current signs indicating the name of the apartment building or indicating apartments for rent, so as to include an appropriate fair housing statement prominently placed and easily legible.
4. The defendants shall give notice within five business days of the first day of each month to appropriate representatives of the nonwhite community of existing and expected vacancies at all of the apartment buildings owned or operated by them. This notice shall be accomplished by regular mail and will include the size and rental price of each available apartment, the name, address, and telephone number of the rental manager to be contacted concerning such vacancy, and any special terms or conditions related to such rental (i.e., no children, no pets, etc.).
The parties have agreed that the phrase "Equal Housing Opportunity" may be used to fulfill this requirement in all advertisements of four lines or less exclusive of the "Equal Opportunity Housing" phrase. In advertisements of greater length both the phrase "Equal Housing Opportunity" and the HUD Equal Opportunity Logotype as set forth in the Advertising Guidelines for Fair Housing, promulgated by the Secretary of Housing and Urban Development, a copy of which is appended hereto as Appendix A, shall be included in the advertisement.
The notice to the nonwhite community will be given to Ms. Lois Moss, Executive Director of the Fair Housing Congress of Southern California, 4034 Buckingham Road, Suite 212, Los Angeles, California, 90008, until such time as she is no longer able or willing to receive such notice. At that time the parties shall attempt to agree on the identity of further appropriate representatives of the nonwhite community to receive such notice. If the parties are unable to agree, such representatives shall be designated by the Court.
C. The defendants shall establish and implement uniform, objective and nondiscriminatory standards and procedures for the processing, evaluation and approval of applications, which shall insure that prospective tenants are accorded an informed choice of apartments at all of defendants' buildings. These standards and procedures shall not be more onerous or stringent than those heretofore applied to white applicants.
A copy of the objective and nondiscriminatory standards now in use by the defendants is appended hereto as Appendix B.
If after the adoption and approval of objective standards and procedures, the defendants desire to alter them, they may do so, provided that any changes are objective, in writing, and nonracial in purpose and effect. Such proposed changes shall be filed with the Court, with copies to plaintiff, and any dispute arising from such proposed change may be raised by either party in any subsequent appropriate proceeding in this Court.
IV
It is further ordered that the defendants shall for a period of two years from the entry of this Order make, keep and preserve the following records for all of the apartment complexes which they own and/or operate:
(a) The name, address and race of each person inquiring in person about the availability or terms of rental of an apartment therein, the date, and whether:
1. He was offered an application.
2. He filled out an application.
3. He submitted an application.
4. He made a deposit.
5. He was accepted for waiting list.
6. His application was approved and he was accepted for occupancy.
7. His application was rejected, and, if so, the reasons therefor.
(b) The number of apartments available on each of the above dates, the type of apartments (i.e., one bedroom, two bedroom, etc.) available, the type of apartment requested by each person, and all vacancy and other information required to be reported to the Court under the reporting provisions of this Order.
See Appendix C which is a form containing the above information that the parties have agreed upon to use to fulfill the reporting requirements.
V REPORTING
Ninety days after the entry of this Order, and at three-month intervals thereafter for a period of two years, the defendants shall file with this Court, and serve on counsel for the plaintiff, a report containing the following information for each apartment they own and/or operate:
(a) The name, address and race of each person making inquiry about the availability or terms of rental of an apartment during the preceding three-month period, and whether such person:
1. Made inquiry.
2. Was offered an application.
3. Filled out an application.
4. Submitted an application.
5. Had their application forwarded to a central office.
6. Made a deposit.
7. Were accepted for the waiting list.
8. Were accepted for occupancy.
9. Were rejected, and if rejected, the reasons therefor.
The defendants shall supply with each such report copies of all applications taken during the preceding reporting period. The defendants shall further report with respect to each vacancy at each apartment complex owned or operated by them during the reporting period,
(a) The building and the apartment number;
(b) The date notification was received that the apartment would become available for rent;
(c) The date the apartment became available for rent;
(d) The date the apartment was no longer available for rent;
(e) The date that the apartment was leased to a new tenant and the name and race of the new tenant or tenants.
Additionally, for each apartment complex owned or operated by the defendants, they shall include in the first report the number of persons or families, by race who are residing there at the time of the entry of this Order.
This information should set out the number of units occupied by persons of each race.
VI TRANSFER OR ACQUISITION OF PROPERTY
In the event that the defendants or any of them acquire any other apartment building or other residential property subsequent to the entry of this Order, they shall furnish plaintiff's counsel with the location and name (if there is one) of such property and the racial composition of the property by unit within 30 days from the effective date of purchase. Further if the defendants accept an offer to purchase or make an offer to sell or otherwise transfer any apartment building or other residential property owned or operated by any of them after the entry of this Decree, they shall furnish plaintiff's counsel with the location of the property and the name and address of the prospective purchaser. Such notification shall be provided within three business days from the acceptance of an offer to purchase or the making of an offer to sell. If the plaintiff believes that it is necessary to contact the prospective purchaser of the property to bring to his attention the existence of this Consent Decree and the obligations that he might incur hereunder the plaintiff shall not notify the purchaser but shall notify the defendants who shall have five (5) days to respond in writing to the plaintiff's request. Should the defendants agree to the plaintiff's request to bring this information to the attention of the prospective purchaser, a meeting will be set up within five (5) days at a mutually convenient time with all parties (including the prospective purchaser) present to discuss this Consent Decree. Should there be any disagreement as to whether the existence of this Consent Decree should be brought to the attention of the future purchaser prior to his purchase of the property either party may apply to the Court for a resolution of the dispute upon written notification to the other party.The first report to be filed hereunder shall describe the preliminary affirmative steps the defendants have taken to implement the provisions of this Order. The report shall include, among the other things set forth in Part III, sample copies of all advertising used by the defendants, copies or descriptions of all signs posted in accordance with this Order, apartment vacancy reports, and written documentation to the effect that each agent or employee has received a copy of this Order and has been advised of its terms.
It is further ordered that:
1. The defendants' keeping of racial records for the purpose of complying with this Decree shall not be considered discriminatory.
2. Representatives of the United States shall be permitted to inspect and copy all pertinent records of the defendants at any and all reasonable times, provided, however, that the United States shall endeavor to minimize any inconvenience to the defendants caused by the inspection of such records.
3. Each party to this Decree shall bear its own costs.
It is further ordered that the defendants may move to dissolve this permanent injunction at any time after two years from the entry of this Consent Decree. If the United States does not object within thirty (30) days, the injunction shall be dissolved and the Complaints dismissed without a hearing or further order of the court.
The Court shall retain jurisdiction of this action for all purposes.
APPENDIX C FAIR HOUSING INFORMATION The federal government requires us to obtain this information under the Fair Housing Act.
________________________________ Apartment Name or Address _____________________________ Name
_____________________________ Address
_____________________________ _________________________ Office Telephone Home Telephone
________________ _____________________ __________________ Race Number of Adults Number of Children
________________ ________________ Date Time
Type of Apt: Studio — Bedroom 1 2 3
_________________ _________________ _______________ Price Range Furnished Unfurnished
_________________ _________________ Apartments Shown Rental Price
_____________________________ ____________________________ Offered an Application Filled Out an Application
_____________________________ _________________________ Submitted an Application Made a Deposit
_____________________________ Accepted For Waiting List
Referred to Vacancies in other buildings YES ____ NO ____
For Manager's Use:
_____________________________ _________________________ Application Accepted Application Rejected
Reasons For Rejection:
_____________________________ Apartments Available
Manager's Signature _______________________________________